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Colorado > Colorado Electoral Code > Mail Ballot Elections

1-7.5-102. Legislative declaration


(1) The general assembly hereby finds, determines, and declares that self-government by election is more legitimate and better accepted as voter participation increases. By enacting this article, the general assembly hereby concludes that it is appropriate to provide for mail ballot elections under specified circumstances.

(2) Recognizing the continued need for in-person voting options through early voting and on election day, the general assembly finds that mail ballot elections conducted by the county clerk and recorder must include voter service and polling centers so voters can register to vote, update voter registration information, and vote in person.

(3) Nothing in this code prevents a political subdivision from conducting an independent mail ballot election in accordance with article 13.5 of this title.

Source: L. 92: Entire article R&RE, p. 752, § 10, effective January 1, 1993.L. 2010: Entire section amended, (HB 10-1116), ch. 194, p. 834, § 18, effective May 5.L. 2013: Entire section amended, (HB 13-1303), ch. 185, p. 724, § 80, effective May 10.L. 2014: Entire section amended, (HB 14-1164), ch. 2, p. 4, § 4, effective February 18.

Editor’s note: This section is similar to former § 1-7.5-102 as it existed prior to 1992.

Cross references: (1) 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.(2) For the legislative declaration in HB 14-1164, see section 1 of chapter 2, Session Laws of Colorado 2014.

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 [Mail ballot election]

An election for which eligible electors receive ballots by mail and vote by mailing those ballots, depositing the ballots at, as applicable, drop-off locations or voter service and polling centers, or, as applicable, by voting at a voter service and polling center. The term does not include an independent mail ballot election. C.R.S. § 1-7.5-103.

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 [Independent mail ballot election]

A mail ballot election that the governing body of a political subdivision, other than a school district, determines shall not be coordinated by the county clerk and recorder. C.R.S. § 1-7.5-103.

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.


Colorado Cases

Case Name: Bruce v. City of Colo. Springs

Citation: 200 P.3d 1140 (Colo. App. 2008)

Year: 2008

Case URL:

Case Summary: Holding that the single subject rule for legislative measures applies only to statewide measures and not to municipal initiatives and that constitutional challenge to the single subject rule had to be decided before the trial court could determine whether initiative violated it.

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