1-5-501. Sufficient voting booths, voting machines, or electronic voting equipment
Overview of Statute
In all elections using paper ballots, the governing body must provide a sufficient number of voting booths to each polling location. Polling locations must situate the booths to provide confidentiality in voting. In all elections using electronic or electromechanical voting systems, the designated election official will also supply sufficient voting equipment to polling locations.
(1) At all elections in political subdivisions that use paper ballots, the governing body shall provide in each polling location a sufficient number of voting booths. Each voting booth shall be situated so as to permit eligible electors to prepare their ballots screened from observation and shall be furnished with supplies and conveniences necessary for voting.
(2) At all elections in political subdivisions that use electronic or electromechanical voting systems, the designated election official shall supply each polling location with sufficient voting equipment.
Source: L. 92: Entire article R&RE, p. 716, § 8, effective January 1, 1993.L. 2004: (2) amended, p. 1344, § 7, effective May 28.L. 2013: Entire section amended, (HB 13-1303), ch. 185, p. 712, § 43, effective May 10.
Cross references: For school elections, see articles 30, 31, and 42 of title 22; for elections for removal of county seats, see article 8 of title 30; for municipal elections, see article 10 of title 31; for special district elections, see part 8 of article 1 of title 32; for exemption of certain statutory proceedings from the rules of civil procedure, see C.R.C.P. 81; for recall from office, see article XXI of the state constitution; for recall of state and county officers, see part 1 of article 12 of this title; for recall of municipal officers, see part 5 of article 4 of title 31; for recall of directors of special districts, see § § 32-1-906, 32-1-907.
Editor’s note: Articles 1 to 13 were repealed and reenacted in 1980, and this article was subsequently repealed and reenacted in 1992, resulting in the addition, relocation, and elimination of sections as well as subject matter. For amendments to this article prior to 1992, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume and the editor’s note following the title heading. Former C.R.S. section numbers are shown in editor’s notes following those sections that were relocated in 1992. For a detailed comparison of this article for 1980 and 1992, see the comparative tables located in the back of the index.
Editor’s note: This section is similar to former § 1-6-501 as it existed prior to 1992.
Cross references: (1) For the legislative declaration contained in the 2004 act amending subsection (2), see section 1 of chapter 334, Session Laws of Colorado 2004.
(2) In 2013, this section was amended 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.
Holding that mere irregularities in the conduct of an election which do not deprive any legal voter of the elective franchise, and from which no injury results to anyone, do not warrant the rejection of the official returns of a precinct, although such irregularities may include a failure to strictly comply with certain statutory regulations, such as, for example, the failure to provide a guard rail. Baldauf v. Gunson, 90 Colo. 243, 8 P.2d 265 (1932) (decided under former law).
- Election Day
- Regulation of Polling Places
1. 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.
2. 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.
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 Title
A brief statement that fairly and accurately represents the true intent and meaning of the proposed text of the initiative.
5. Definition for 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.
6. 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.
7. 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.
Case Name: Gessler v. Doty
Citation: 272 P.3d 1131 (Colo. App. 2012)
Case URL: https://www.ravellaw.com/opinions/d141e8d8079e38d604b330ba95912b3f
Case Summary: Holding that county could not decline to comply with the statutory requirement that the county provide drop-off boxes for mail-in ballots at every polling place on election day.
Case Name: Baldauf v. Gunson
Citation: 90 Colo. 243, 8 P.2d 265 (1932)
Case URL: https://www.ravellaw.com/opinions/c0e20f00e5a71070989be351dccabcbb
Case Summary: Upholding a vote count despite potentially irregular behavior affecting voting procedure and the official vote count.