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Colorado > Colorado Electoral Code > Notice Of And Preparation For Elections

1-5-102.9. Voter service and polling centers – number required – services provided – drop-off locations – repeal

Overview of Statute

Election officials must assign voter service and polling centers in proportion to the population of the area. In designating voter service and polling center locations, the county clerk and recorder must consider several factors related to the county’s needs including proximity to public transportation, availability of parking, accessibility of polling places, location of population centers, accessibility for disabled persons, and other relevant factors. This statute also provides further regulations related to selecting voter service and polling centers. Election officials must also keep voter service and polling centers open for the fifteen days prior to an election, except Sundays. These centers must also create a procedure for administering drop-off boxes.

Statute

(1)(a) For general elections, each county clerk and recorder shall designate a minimum number of voter service and polling centers, as follows:
(I) For counties with at least two hundred fifty thousand active electors:
(A) During the period from the fifteenth day before the election to the fifth day before the election, at least one voter service and polling center for each seventy-five thousand active electors;
(B) During the period from the fourth day before the election to the second day before the election, at least one voter service and polling center for each twenty thousand active electors; and
(C) On the day before the election and on election day, at least one voter service and polling center for each twelve thousand five hundred active electors.
(II) For counties with at least thirty-seven thousand five hundred but fewer than two hundred fifty thousand active electors:
(A) During the period from the fifteenth day before the election to the fifth day before the election, at least one voter service and polling center for each seventy-five thousand active electors; except that there must be at least one voter service and polling center in each such county;

(B) During the period from the fourth day before the election to the day before the election, at least one voter service and polling center for each twenty thousand active electors; and

(C) On election day, at least one voter service and polling center for each twelve thousand five hundred active electors.
(III) For counties with at least ten thousand but fewer than thirty-seven thousand five hundred active electors:
(A) During the period from the fifteenth day before the election to the day before the election, at least one voter service and polling center; and
(B) On election day, at least three voter service and polling centers.
(IV) For counties with fewer than ten thousand active electors, during the fifteen-day period prior to and including the day of the election, at least one voter service and polling center.

(b) 

(I)  For the purposes of subsections (1)(a) and (5) of this section, the number of active electors in a county is the number of active electors registered in the county on the date of the previous presidential election or on the date of the last general election, whichever is greater.
(II)  Repealed.

(b.5)(I) For a general election, a county clerk and recorder shall designate a voter service and polling center on the campus of a state institution of higher education located within the county as follows:

(A)  During the period from the fifteenth day before the election to the second day before the election, one voter service and polling center on each campus that has ten thousand or more enrolled students; and

(B)  On the day before the election and on election day, one voter service and polling center on each campus that has two thousand or more enrolled students.

(II)  In a county described in subsection (1)(a)(I) or (1)(a)(II) of this section, a voter service and polling center designated in accordance with this subsection (1)(b.5) may count toward the minimum requirements of subsection (1)(a) of this section. In all other counties, a voter service and polling center designated in accordance with this subsection (1)(b.5) must be in addition to the minimum requirements of subsection (1)(a) of this section.
(III)  A county clerk and recorder shall confer with a state institution of higher education about the location for a voter service and polling center designated on a campus.
(IV)  A voter service and polling center designated under this subsection (1)(b.5) on a campus that has twenty thousand or more enrolled students on January 1 of the year of the election must be located within the student center unless such placement creates an undue burden for the institution of higher education.
(V)  As used in this subsection (1)(b.5), the number of enrolled students at a campus is the highest number of all full-time, part-time, graduate, and undergraduate students, not including students solely registered for online courses and concurrent enrollment students, during the fall semester of the year of the previous general election according to data collected by the department of higher education. The department of higher education shall provide the data to the secretary of state on or before December 1 of each general election year; except that, the department of higher education shall provide the data for the fall semester of 2018 to the secretary of state on or before October 1, 2019. The secretary of state shall determine from the data which campuses meet the enrollment thresholds for the next general election.
(VI)  As used in this subsection (1)(b.5), “campus” means any collection of buildings and surrounding grounds owned or used by a state institution of higher education to regularly provide students with education, housing, or college activities. If one or more state institutions of higher education share buildings or grounds, or if the campuses of one or more state institutions of higher education are adjacent or otherwise connected, the shared or connected buildings and grounds constitute a single campus for the purposes of this subsection (1)(b.5).
(b.7) For a general election, at the request of the tribal council of an Indian tribe located on a federal reservation whose headquarters are within the county’s boundaries, a county clerk and recorder shall designate a voter service and polling center within the boundaries of the reservation on the day before election day and on election day. A request under this subsection (1)(b.7) must be made no later than one hundred eighty days before the date of the election.
(c) (I) In designating voter service and polling center locations pursuant to this subsection (1), each county clerk and recorder shall consider the following factors to address the needs of the county:
(A)  Proximity to public transportation lines and availability of parking;
(B)  Geographic features, such as mountain passes, that tend to affect access and convenience;

(C)  Equitable distribution across the county so as to afford maximally convenient options for electors;

(D)  The existence and location of population centers;
(E)  Access for persons with disabilities;
(F)  Use of existing voting locations that typically serve a significant number of electors;
(G)  Use of public buildings that are known to electors in the county, especially to the extent that using such buildings results in cost savings compared to other potential locations;

(H)  When private locations are considered or designated as voter service and polling centers in accordance with section 1-5-105 (3), methods and standards to ensure the security of voting conducted at such locations; and

(I)  Proximity to historically under-represented communities.

(I.5)  A county clerk and recorder who requests the use of a public building that receives funding from government sources to designate as a voter service and polling center or drop box site shall be given priority over other uses of the building. The appropriate authority for the building may charge the clerk and recorder a reasonable rental fee not to exceed the usual rental rate for the building.

(II)  In designating voter service and polling centers, a county clerk and recorder shall solicit public comments. The county clerk and recorder shall post a notice seeking public comment no later than two hundred fifty days before the election and shall accept comments through the one hundred ninetieth day before the election.
(III)  (A) A county clerk and recorder shall not designate a police station, sheriff’s office, or town marshal’s office as a voter service and polling center; except that a county clerk and recorder may designate as a voter service and polling center a multipurpose building that includes a police station, sheriff’s office, or town marshal’s office.
(B)  A county clerk and recorder mayapply to the secretary of state for a waiver of the requirements of subsection (1)(c)
(III)(A) of this section. If the secretary of state finds that there is not another equivalent site for a voter service and polling center nearby, the secretary of state shall grant the waiver.
(d) Each county clerk and recorder shall submit the proposed voter service and polling center locations to the secretary of state as part of the election plan.
(e) A county clerk and recorder may designate a greater number of voter service and polling centers than the minimum required by this section.
(2) Voter service and polling centers must be open, at a minimum, for the fifteen-day period prior to and including the day of the election as follows:
(a) In a county described in section 1-5-102.9 (1)(a)(I) or (1)(a)(II):
(I)  During the period from the fifteenth day before the election to the day before the election, voter service and polling centers must be open continuously at least from 8 a.m. to 5 p.m.; except that voter service and polling centers are not required to be open on Sundays or on the first Saturday of this period.
(II) On election day, voter service and polling centers must be open continuously from 7 a.m. to 7 p.m.
(b) In all other counties:
(I) During the period from the fifteenth day before the election to the day before the election, voter service and polling centers must be open during the normal business hours for the county; except that voter service and polling centers are not required to be open on Sundays or on the first Saturday of this period, and must be open for at least four hours continuously on the second Saturday of this period.
(II) On election day, voter service and polling centers must be open continuously from 7 a.m. to 7 p.m.
(3) Each voter service and polling center must provide:
(a) The ability for an eligible elector to register to vote pursuant to section 1-2-217.7;
(b) The ability for an eligible elector to cast a ballot;
(c) The ability for an eligible elector to update his or her address pursuant to section 1-2-217.7;
(d) The ability for an eligible elector who has legally changed his or her name to have his or her name changed pursuant to section 1-2-218;
(e) The ability for an unaffiliated registered elector to affiliate with a political party and cast a ballot in a primary election;
(f) Secure computer access;
(g) Facilities and equipment that are compliant with the federal “Americans with Disabilities Act of 1990”, 42 U.S.C. sec. 12101 et seq., as amended;
(h)  Direct record electronic voting machines or other voting systems accessible to electors with disabilities as provided in part 7 of article 5 of this title;
(i)  Voting booths;
(j)  Original and replacement ballots for distribution;
(k)  Mail ballots to requesting electors;
(l)  The ability to accept mail ballots that are deposited by electors; and
(m)  The ability of a person to cast a provisional ballot.
(3.5) If an elector desires to vote by casting a ballot at a voter service and polling center but there are technical problems accessing the centralized statewide voter registration system maintained pursuant to section 1-2-301 at the voter service and polling center, the elector shall be allowed to obtain and cast a replacement mail ballot if the elector’s registration can be verified by contacting the county clerk and recorder by telephone or electronic mail, if practical, or by other means. If the elector’s eligibility cannot be verified by a voter service and polling center election judge, the elector is entitled to cast a provisional ballot in accordance with article 8.5 of this title 1.
(4) Repealed.
(5) (a) In addition to providing voter service and polling centers in accordance with this section, counties shall also establish drop boxes for the purpose of allowing electors to deposit their completed mail ballots in a general election as follows:
(I) For counties with at least two hundred fifty thousand active electors, at least one drop box for each twelve thousand five hundred active electors.
(II) For counties with at least thirty-seven thousand five hundred but fewer than two hundred fifty thousand active electors, at least one drop box for each fifteen thousand active electors.
(III) For counties with at least fifteen thousand but fewer than thirty-seven thousand five hundred active electors, at least two drop boxes.
(IV) For counties with fewer than fifteen thousand active electors, at least one drop box.
(b)  For a general election, in addition to the requirements of subsection (5)(a) of this section, a county shall establish a drop box on each campus of a state institution of higher education located within the county that has two thousand or more enrolled students as determined in accordance with subsection (1)(b.5)(III) of this section.
(c)  Each drop box must accept mail ballots delivered by electors for the fifteen-day period prior to and including the day of the election.
(d)  The placement and security of each drop box shall be determined by each county, in accordance with the secretary of state’s current security rules. Counties are encouraged to establish drop boxes in community-based locations.
(e)  For a general election, in addition to the requirements of subsection (5)(a) of this section, at the request of the tribal council of an Indian tribe located on a federal reservation whose headquarters are within the county’s boundaries, a county shall establish a drop-off location within the boundaries of the reservation. The drop-off location must accept ballots for the fifteen-day period prior to and including the day of the election.
(f)  A county may establish additional drop-off locations at the county’s discretion. A drop-off location must be located in a secure place under the supervision of a municipal clerk, an election judge, or a member of the clerk and recorder’s staff.
(6) A county clerk and recorder may apply to the secretary of state for a waiver of any of the requirements of subsection (5) of this section for the 2020 general election no later than one hundred twenty days prior to the election. In determining whether to grant or deny a waiver request, the secretary of state may consider the following:
(a) The number and location of drop boxes that will be provided by the county in the election;
(b) The number and location of drop-off locations that will be provided by the county in the election; and
(c) Whether the county clerk and recorder made reasonable attempts to meet the requirements of this section.

 

Source: L. 2013: Entire section added, (HB 13-1303), ch. 185, p. 704, § 31, effective May 10. L. 2016: (3)(f) amended, (SB 16-142), ch. 173, p. 578, § 37, effective May 18.L. 2019: (1)(a), (1)(b)(I), (1)(c)(I)(G), (1)(c)(I)(H), (1)(c)(II), (1)(d), (2), and (3.5) amended, (1)(b.5), (1)(b.7), (1)(c)(I)(I), (1)(c)(I.5), (1)(c)(III), (5), and (6) added, and (4) repealed, (HB 19-1278), ch. 326, p. 3020, § 30, effective August 2.

Cross references: In 2013, this section was added by the “Voter Access and Modernized Elections Act”. For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013.

 

Definition [Election day]

The date either established by law or determined by the governing body of the political subdivision conducting the election, to be the final day on which all ballots are determined to be due, and the date from which all other dates in this article are set.C.R.S. § 1-7.5-103.

Definition [Political party]

Any group of registered electors who, by petition or assembly, nominate candidates for the official general election ballot. “Political party” includes affiliated party organizations at the state, county, and election district levels, and all such affiliates are considered to be a single entity for the purposes of this article, except as otherwise provided in section 7. Section 2(13) of article XXVIII of the state constitution.

Definition [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.

Definition [Title]

A brief statement that fairly and accurately represents the true intent and meaning of the proposed text of the initiative.

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 [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.

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.

Definition [Secretary]

The Colorado secretary of state. C.R.S. § 1-1.5-102.

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