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Colorado > Colorado Electoral Code > Colorado Local Government Election Code

1-13.5-1004. List of absentee voters’ ballots – removal from list

Statute

(1) The designated election official shall keep a list of names of eligible electors who have applied for absentee voters’ ballots and of those permanent absentee voters placed on the list pursuant to section 1-13.5-1003 (2), with the date on which each application was made, the date on which the absentee voter’s ballot was sent, and the date on which each absentee voter’s ballot was returned. If an absentee voter’s ballot is not returned, or if it is rejected and not counted, that fact must be noted on the list. The list is open to public inspection under proper regulations.

(2) (a) An eligible elector whose name appears on the list as a permanent absentee voter must remain on the list and must be mailed an absentee voter’s ballot for each election conducted by the political subdivision for which the eligible elector has requested permanent absentee voter status.

(b) An eligible elector must be deleted from the permanent absentee voter list if:

(I) The eligible elector notifies the designated election official that he or she no longer wishes to vote by absentee voter’s ballot;

(II) The absentee voter’s ballot sent to the eligible elector is returned to the designated election official as undeliverable;

(III) The eligible elector has been deemed “Inactive” pursuant to section 1-2-605; or

(IV) The person is no longer eligible to vote in the political subdivision.

(3) The designated election official shall keep a list of the names of eligible electors applying for an absentee voter’s ballot, the number appearing on the stub of the ballot issued to such eligible elector, and the date the ballot is delivered or mailed. This information may be recorded on the registration record or registration list before the registration book or list is delivered to the election judges. A separate list of the eligible electors who have received absentee voter’s ballots must be delivered to the election judges in the polling place designated for counting absentee voter’s ballots, or, if the designated election official elects to deliver absentee voters’ envelopes received from electors to the election judges of such polling place, as provided by section 1-13.5-1006, a separate list of the eligible electors who have received absentee voter’s ballots must be delivered to the election judges of each such polling place.

 

Source: L. 2014: Entire article added, (HB 14-1164), ch. 2, p. 39, § 6, effective February 18.

Definition [Ballot issue]

A nonrecall,  citizen-initiated  petition  or legislatively-referred
measure which is authorized by the state constitution, including a question as defined in  sections 1-41-102 (3) and 1-41-103 (3), enacted in Senate Bill 93-98.

Definition [Political subdivision]

A governing subdivision of the state, including counties, municipalities, school districts, and special districts. C.R.S. § 1-7.5-103.

Definition [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.

Definition [Ballot]

(a) A federal write-in absentee ballot;

(b) A ballot specifically prepared or distributed for use by a covered voter in accordance with this article; or

(c) A ballot cast by a covered voter in accordance with this article.

(2) “Covered voter” means:

(a) A uniformed-service voter defined in paragraph (a) of subsection (9) of this section who is a resident of this state but who is absent from this state by reason of active duty and who otherwise satisfies this state’s voter eligibility requirements;

(b) An overseas voter who, before leaving the United States, was last eligible to vote in this state and, except for a state residency requirement, otherwise satisfies this state’s voter eligibility requirements;

(c) An overseas voter who, before leaving the United States, would have been last eligible to vote in this state had the voter then been of voting age and, except for a state residency requirement, otherwise satisfies this state’s voter eligibility requirements; or

(d) An overseas voter who was born outside the United States, is not described in paragraph (b) or (c) of this subsection (2), and, except for a state residency requirement, otherwise satisfies this state’s voter eligibility requirements if the last place where a parent, legal guardian, spouse, or civil union partner of the voter was, or under this article would have been, eligible to vote before leaving the United States is within this state.

C.R.S. § 1-8.3-102.

Definition [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.

Definition [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.