1-12-115. Write-in candidates
Overview of Statute
Write-in votes for any office will only be counted when the recipient of the vote has filed an affidavit of intent with the designated election official no later than fifteen days prior to the election and the individual is deemed legally qualified to assume the office duties.
No write-in vote for any office shall be counted unless an affidavit of intent has been filed indicating that the person for whom the write-in vote is made desires the office and is legally qualified to assume the duties of the office if elected. The affidavit of intent shall be filed with the designated election official no later than fifteen calendar days before the recall election date.
Source: L. 92: Entire article R&RE, p. 796, § 15, effective January 1, 1993.L. 95: Entire section amended, p. 849, § 75, effective July 1.L. 2012: Entire section amended, (HB 12-1293), ch. 236, p. 1046, § 15, effective May 29.
According to the rules, “write-in vote” means a vote where the voter physically writes in the name of a qualified write-in candidate in the space reserved on the ballot for write-in votes and properly marks the target area according to voter instructions.
1. Definition for Designated election official
The secretary of state, a county clerk and recorder, or other election official as provided by article XXI of the state constitution. C.R.S. § 1-12-100.5.
2. Definition for Person
Any natural person, partnership, committee, association, corporation, labor organization, political party, or other organization or group of persons. Section 2(11) of article XXVIII of the state constitution.
3. Definition for Section
A bound compilation of initiative forms approved by the secretary of state, which shall include pages that contain the warning required by section 1-40-110 (1), the ballot title, the abstract required by section 1-40-110 (3), and a copy of the proposed measure; succeeding pages that contain the warning, the ballot title, and ruled lines numbered consecutively for registered electors’ signatures; and a final page that contains the affidavit required by section 1-40-111 (2). Each section shall be consecutively prenumbered by the petitioner prior to circulation.
4. Definition for Election
Any election under the “Uniform Election Code of 1992” or the “Colorado Municipal Election Code of 1965”, article 10 of title 31, C.R.S. C.R.S. § 1-7.5-103.