1-13.5-1204. Challenge questions asked
Statute
(1) If a person offering to vote is challenged as unqualified, one of the election judges shall tender to him or her the following written oath or affirmation: “You do solemnly swear or affirm that you will fully and truly answer all such questions as are put to you regarding your place of residence and qualifications as an eligible elector at this election.”
(2) If the person is challenged as unqualified on the ground that he or she is not a citizen and will not exhibit papers pertaining to naturalization, an election judge shall ask the following question: “Are you a citizen of the United States?”
(3) If the person is challenged as unqualified on the ground that he or she is not a resident of the local government, an election judge shall ask the following questions:
(a) “Have you resided in the local government immediately preceding this election?”
(b) “Have you been absent from the local government immediately preceding this election, and during that time have you maintained a home or domicile elsewhere?”
(c) “If so, when you left, was it for a temporary purpose with the intent of returning, or did you intend to remain away?”
(d) “Did you, while absent, look upon and regard this state as your home?”
(e) “Did you, while absent, vote in any other state or territory?”
(4) If the person is challenged as ineligible because the person is not a property owner or the spouse or civil union partner of a property owner, an election judge shall ask the following questions:
(a) “Are you a property owner or the spouse or civil union partner of a property owner in this political subdivision and therefore eligible to vote?”
(b) “What is the address or, for special district elections where an address is not available, the location of the property that entitles you to vote in this election?”
(5) If the person is challenged as unqualified on the ground that the person is not eighteen years of age, an election judge shall ask the following question: “Are you eighteen years of age or over to the best of your knowledge and belief?”
(6) An election judge shall put all other questions to the person challenged as may be necessary to test the person’s qualifications as an eligible elector at the election.
(7) If the person challenged answers satisfactorily all of the questions put to him or her, the person shall sign his or her name on the form of the challenge after the printed questions. The election judges shall indicate in the proper place on the form of challenge whether the challenge was withdrawn and whether the challenged voter refused to answer the questions and left the polling place without voting.
Source: L. 2014: Entire article added, (HB 14-1164), ch. 2, p. 49, § 6, effective February 18.
1. Definition for United States
Used in the territorial sense, means the several states, the District of Columbia, Puerto Rico, the United States Virgin Islands, and any territory or insular possession subject to the jurisdiction of the United States. C.R.S. § 1-8.3-102.
2. Definition for Political subdivision
A governing subdivision of the state, including counties, municipalities, school districts, and special districts. C.R.S. § 1-7.5-103.
3. Definition for State
A state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. C.R.S. § 1-8.3-102.
4. 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.
5. 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.