1-7-905.5. Form of notice
Overview of Statute
Ballot issue notices must begin with the words “All registered voters,” no matter the voting requirements for the election, and cannot include any content after the summary of comments. The ballot issue notice includes only the material between this phrase and the end of the summary, and all other content will be deemed not part of the notice. Ballot issue notices are not election materials that must be provided in a language other than English.
(1) The ballot issue notice must begin with the words “All registered voters”, regardless of whether the electors of the political subdivision must be registered electors to be eligible to vote in the election, and ends at the conclusion of the summary of comments. Any information concerning procedure for an election or other information included with the ballot issue notice prior to the words “All registered voters”, or after the conclusion of the summary of comments, are not deemed to be part of the ballot issue notice.
Source: L. 96: Entire part amended with relocations, p. 1748, § 44, effective July 1.L. 2013: (1) amended, (HB 13-1303), ch. 185, p. 724, § 78, effective May 10. L. 2016: (1) amended, (SB 16-142), ch. 173, p. 581, § 49, effective May 18.L. 2019: (2) repealed, (HB 19-1278), ch. 326, p. 3029, § 39, effective August 2.
Cross references: In 2013, subsection (1) 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.
- Ballot Access
- Ballot Form & Content Requirements
- Ballot Initiatives & Recall Elections
- Election Day
1. Definition for 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.
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 Title
A brief statement that fairly and accurately represents the true intent and meaning of the proposed text of the initiative.
4. 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.
5. 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.
6. 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: Wiley v. McDowell
Citation: 133 P. 757 (Colo. 1913)
Case PDF: Wiley v. McDowell
Case Summary: Holding that the intention of the voter, who incorrectly marked a ballot with words instead of a mark, should not determine the allocation of a vote if requiring discretion by a judge.