Duty to report lost, stolen, or late ballots - penalty

1-13-804. Duty to report lost, stolen, or late ballots - penalty. Any person responsible for preparing, issuing, transporting, or mailing ballots who has personal knowledge that mail ballots under that person's care have been either lost or stolen or will, for any reason, not be timely delivered to electors, shall report the issue to the county clerk and recorder. Any person who knowingly and willfully fails to report as required by this section upon conviction shall be punished as provided in section 1-13-111. This section shall not apply to election judges, staff of the county clerk and recorder, or individual United States postal workers. Source: L. 2020: Entire section added, (HB 20-1313), ch. 260, p. 1255, � 4, effective September 14. L. 2021: Entire section amended, (SB 21-271), ch. 462, p. 3132, � 48, effective March 1, 2022. PART 9 (Reserved) ARTICLE 13.5 Colorado Local Government Election Code Cross references: For the legislative declaration in HB 14-1164, see section 1 of chapter 2, Session Laws of Colorado 2014. Law reviews: For article, The New Colorado Local Government Election Code: The Greatest Thing Since Sliced Bread, see 43 Colo. Law. 39 (Sept. 2014). PART 1 DEFINITIONS AND GENERAL PROVISIONS 1-13.5-101. Short title. This article shall be known and may be cited as the Colorado Local Government Election Code. Source: L. 2014: Entire article added, (HB 14-1164), ch. 2, p. 5, � 6, effective February 18. 1-13.5-102. Applicability of article - legislative intent. (1) This article applies only to nonpartisan elections not coordinated by county clerk and recorders that are conducted by a local government; except that nothing prohibits the governing body of a local government from utilizing any requirements and procedures of the Uniform Election Code of 1992, articles 1 to 13 of this title, in accordance with section 1-13.5-106. (2) It is the general assembly's intent that the Uniform Election Code of 1992 continue to govern coordinated elections. Source: L. 2014: Entire article added, (HB 14-1164), ch. 2, p. 5, � 6, effective February 18. 1-13.5-103. Definitions. As used in this article 13.5, unless the context otherwise requires: (1) Absentee voter means an eligible elector who requests in writing that the designated election official mail a ballot to either the elector's deliverable mailing address or to another address designated by the elector for the purpose of voting by mail. (1.5) Affidavit means a sworn statement in writing, including a self-affirmation. (2) Designated election official means the person designated by the governing body of a local government or by court order to supervise election duties. (3) Electronic voting system means a system in which an elector votes using a device by which votes are recorded electronically, including a touchscreen system. (4) Eligible elector means a person who meets the specific requirements for voting at a specific election conducted under this article or for a specific candidate, ballot question, or ballot issue. (5) Issue committee has the meaning set forth in section 1-45-103. (6) Local government means any district, business improvement district, special district created pursuant to title 32, C.R.S., authority, or political subdivision of the state, authorized by law to conduct an election. Local government does not include a county, school district, regional transportation district, or municipality as defined in section 31-1-101 (6), C.R.S. (7) Pollbook means the list of eligible electors who are permitted to vote at a polling place or by mail ballot at an election conducted pursuant to this article. (8) Polling place means a place established for holding elections conducted under this article. (9) Property owners list means the list of property owner names and addresses prepared by the county assessor in accordance with section 1-13.5-204 or 1-13.5-1105 (2)(a) and (2)(b). (10) Registration list means the list of registered electors of each local government, as prepared by the county clerk and recorder for the county in which the local government is located or as obtained through state registration records in accordance with section 1-13.5-203. (11) Special district means any public entity, as defined in section 24-10-103, C.R.S., that is authorized by law to hold an election; except that the term does not include a county, a municipality as defined in section 31-1-101, C.R.S., or a school district as defined in section 22-30-103, C.R.S. (12) Voter means an eligible elector who voted in the most recent election conducted pursuant to this article. (13) Voting machine means any device fulfilling the requirements for voting machines set forth in part 4 of article 7 of this title regarding its use, construction, procurement, and trial. (14) Watcher means a registered elector of the local government whose name is submitted to the designated election official and certified by the designated election official to the appropriate election judges pursuant to section 1-13.5-602. Source: L. 2014: Entire article added, (HB 14-1164), ch. 2, p. 6, � 6, effective February 18. L. 2016: (1.5) added, (HB 16-1442), ch. 313, p. 1266, � 1, effective August 10. L. 2021: IP and (9) amended, (SB 21-160), ch. 133, p. 536, � 1, effective September 7. 1-13.5-104. Acts and elections conducted pursuant to provisions that refer to qualified electors. Any elections, and any acts relating thereto, carried out under law that were conducted prior to July 1, 1987, pursuant to provisions that referred to a qualified elector rather than an eligible elector and that were valid when conducted are deemed and held to be legal and valid in all respects. Source: L. 2014: Entire article added, (HB 14-1164), ch. 2, p. 7, � 6, effective February 18. 1-13.5-105. Acts legal and valid. Acts and elections conducted pursuant to provisions that refer to registered electors, any elections, and any acts relating to those elections carried out under law that were conducted prior to July 1, 1992, and that were valid when conducted are held to be legal and valid in all respects. Source: L. 2014: Entire article added, (HB 14-1164), ch. 2, p. 7, � 6, effective February 18. 1-13.5-106. Applicability of the Uniform Election Code of 1992. (1) Any local government may provide by resolution that it will utilize all or part of the requirements and procedures of the Uniform Election Code of 1992, articles 1 to 13 of this title, in lieu of all or portions of this article with respect to any election. Absent such resolution, this article applies. (2) All provisions of the Uniform Election Code of 1992 not in conflict with this article 13.5 apply to local government elections; except that: (a) Elections offenses and penalties described by parts 2 and 3 of article 13 of this title 1 do not apply to elections authorized under this article 13.5; (b) Except as provided in subsection (2)(c) of this section, recall elections of local government officers must be conducted pursuant to part 5 of article 4 of title 31; and (c) Recall elections of directors of special districts created pursuant to title 32 and directors of business improvement districts who were elected pursuant to section 31-25-1209 (1)(d) must be conducted pursuant to part 9 of article 1 of title 32. (3) It is the intent of the general assembly that the general provisions of this article not supersede or supplant specific provisions of law. Source: L. 2014: Entire article added, (HB 14-1164), ch. 2, p. 7, � 6, effective February 18; (2) amended, (SB 14-158), ch.170, p. 623, � 14, effective May 9. L. 2016: (2) amended, (SB 16-189), ch. 210, p. 754, � 5, effective June 6. L. 2018: (2) amended, (HB 18-1268), ch. 200, p. 1306, � 4, effective May 4. Cross references: For the legislative declaration in SB 14-158, see section 1 of chapter 170, Session Laws of Colorado 2014. 1-13.5-107. Computation of time. (1) Calendar days shall be used in all computations of time made under this article. (2) In computing time for any act or event to be done before any local government election, the first day is excluded, and the last, or election, day is included. Saturdays, Sundays, and legal holidays are included, but, if the time for any act to be done or the last day of any period is a Saturday, Sunday, or a legal holiday, the period is extended to include the next day that is not a Saturday, Sunday, or legal holiday. Source: L. 2014: Entire article added, (HB 14-1164), ch. 2, p. 7, � 6, effective February 18. L. 2021: (2) amended, (SB 21-160), ch. 133, p. 536, � 2, effective September 7. 1-13.5-108. Powers of designated election official. (1) Except as otherwise provided in this article, the designated election official shall render all interpretations and shall make all initial decisions as to controversies or other matters arising in the operation of this article. (2) All powers and authority granted to the designated election official by this article may be exercised by a deputy designated election official in the absence of the designated election official or in the event the designated election official is unable to perform the duties. Source: L. 2014: Entire article added, (HB 14-1164), ch. 2, p. 8, � 6, effective February 18. 1-13.5-109. Construction. Substantial compliance with the provisions or intent of this article is all that is required for the proper conduct of an election to which this article applies. Source: L. 2014: Entire article added, (HB 14-1164), ch. 2, p. 8, � 6, effective February 18. 1-13.5-110. Special elections. Special elections must be held on such date as may be provided by law by the local government calling the special election. Source: L. 2014: Entire article added, (HB 14-1164), ch. 2, p. 8, � 6, effective February 18. 1-13.5-111. Time for holding elections for special districts - type of election - manner of election - notice. (1) Except as otherwise provided in subsection (4) of this section, regular special district elections must be held on the Tuesday succeeding the first Monday of May in every odd-numbered year. (2) Special elections may be held only on the first Tuesday after the first Monday in February, May, October, or December of any year; except that ballot issue elections may be held only on the date of a state general election, biennial local district election, or on the first Tuesday in November of odd-numbered years. A ballot issue election that is not part of an organizational election must be conducted either as part of a coordinated election or in accordance with part 11 of this article. (3) Any special district election ordered pursuant to article 1 of title 32, C.R.S., by the district court having jurisdiction over such existing or proposed special district must be held on the date ordered by the court and conducted in accordance with this article. (4) Whenever the date of a regular special district election is identical to the date set for a municipal or another special district election in any municipality or other special district having boundaries coterminous with the special district, the election may be held jointly with the municipal or other special district election. An election held jointly pursuant to this subsection (4) is not a coordinated election. (5) Any election for the organization of a new health assurance or health service district must be held on the date of the general election or on the first Tuesday in November of an odd-numbered year. Any election on the proposal of a health assurance or health service district must be conducted by the county clerk and recorder in which the proposed district will be located as part of a coordinated election in accordance with section 1-7-116. Source: L. 2014: Entire article added, (HB 14-1164), ch. 2, p. 8, � 6, effective February 18. L. 2018: (1) amended, (HB 18-1039), ch. 29, p. 330, � 2, effective July 1, 2022. 1-13.5-112. Commencement of terms - nonpartisan officers. (1) Unless otherwise provided by law, the regular term of office of a nonpartisan officer elected at a regular election commences the earlier of the following: (a) No later than thirty days after the date that the election results are certified pursuant to section 1-13.5-1305 and upon the signing of an oath and posting of a bond, where required; or (b) At the next meeting of the governing body of the local government following the date of the election. (2) Unless otherwise provided by law, if the election is canceled in whole or in part pursuant to section 1-13.5-513, the regular term of office of a nonpartisan officer commences at: (a) The next meeting of the governing body following the date of the regular election, but no later than thirty days following the date of the regular election and upon the signing of an oath and posting of a bond, where required; or (b) If the nonpartisan officer was elected at an election other than a regular election, the next meeting of the governing body of the local government following the date of the election. Source: L. 2014: Entire article added, (HB 14-1164), ch. 2, p. 9, � 6, effective February 18. L. 2016: (1)(a) amended, (HB 16-1442), ch. 313, p. 1266, � 2, effective August 10. PART 2 QUALIFICATIONS AND REGISTRATION OF ELECTORS 1-13.5-201. Registration required. Except where a statute specifically provides otherwise, no person is permitted to vote at any local government election without first having registered to vote in Colorado in accordance with the Uniform Election Code of 1992, articles 1 to 13 of this title. Source: L. 2014: Entire article added, (HB 14-1164), ch. 2, p. 9, � 6, effective February 18. 1-13.5-202. Persons entitled to vote at special district elections. No person is permitted to vote in any special district election unless that person is an eligible elector as defined in section 32-1-103 (5), C.R.S. Source: L. 2014: Entire article added, (HB 14-1164), ch. 2, p. 9, � 6, effective February 18. 1-13.5-203. Registration records for local government elections - costs. (1) No later than the fortieth day preceding the date of a scheduled local government election, the designated election official shall order the registration records from the county clerk and recorder. The designated election official shall order either: (a) An initial list of the registered electors as of the thirtieth day prior to the election, with a supplemental list to be provided on the twentieth day; or (b) A complete list of registered electors as of the sixth day prior to the election. (2) The county clerk and recorder shall certify and make available to the designated election official a complete copy of the list of the registered electors of the local government that has territorial boundaries located within the county and is involved in the election. If a supplemental list is provided pursuant to paragraph (a) of subsection (1) of this section, the county clerk and recorder shall certify and make available to the designated election official the supplemental list of eligible electors who became eligible since the earlier list was certified. These lists substitute for the original registration record. (3) The registration list that is certified thirty days before the election pursuant to paragraph (a) of subsection (1) of this section must contain the names and addresses of all registered electors residing within the local government at the close of business on the fortieth day preceding the election. The supplemental registration list for each local government that is certified no later than twenty days before the election must contain the names and addresses of all eligible electors residing within the local government at the close of business on the twenty-second day prior to the election. If a supplemental list is provided, it must contain the names and addresses of all eligible electors who became eligible during the period since the initial registration list was certified through the close of business on the twenty-second day preceding the election. (4) Costs for the lists required to be obtained under this section must be assessed by the county clerk and recorder and paid by the local government holding the election. The fee for furnishing the lists shall be no less than twenty-five dollars for the entire list or no more than one cent for each name contained on the registration list, whichever is greater. (5) The designated election official may cancel an order for the list if the election is canceled pursuant to section 1-13.5-513 and the county clerk and recorder has not already prepared the list. Source: L. 2014: Entire article added, (HB 14-1164), ch. 2, p. 9, � 6, effective February 18. 1-13.5-204. Lists of property owners - costs. (1) For elections where owning property in the local government is a requirement for voting in the election, no later than the fortieth day preceding the date of the election, the designated election official shall order the list of property owners from the county assessor. Except as otherwise required under subsection (2) of this section, the county assessor shall certify and deliver an initial list of all recorded owners of taxable real and personal property within the local government no later than thirty days before the election. The supplemental list for the local government shall be provided no later than twenty days before the election and shall contain the names and addresses of all recorded owners who became owners no later than twenty-two days prior to the election and after the initial list of property owners was provided. The county assessors shall assess the cost for the lists, which must be paid by the local government holding the election. The fee for furnishing the lists is no less than twenty-five dollars for both lists or no more than one cent for each name contained on the lists, whichever is greater. (2) The designated election official of a local government may order the list described in subsection (1) of this section of all recorded owners of taxable real and personal property within the local government as of the thirtieth day before the election, with a supplemental list to be provided on the twentieth day before the election, or the designated election official may order a complete list as of the sixth day before the election. Source: L. 2014: Entire article added, (HB 14-1164), ch. 2, p. 10, � 6, effective February 18. 1-13.5-205. Delivery and custody of registration list and property owner list. At such time as may be set by the designated election official, but at least one day prior to the election, one of the election judges from each precinct may appear in person at the office of the designated election official for the purpose of receiving the registration list and, as applicable, property owners list, election supplies, or the designated election official may deliver the same to one of the judges. The judges shall have custody of the registration list and property owners list and shall give his or her receipt for the list. After the closing of the polls on the day of election, the election judge selected pursuant to section 1-13.5-410 to deliver the election papers and supplies shall deliver the registration list and property owners list to the office of the designated election official or to such other place as the designated election official may designate as the counting center. Source: L. 2014: Entire article added, (HB 14-1164), ch. 2, p. 11, � 6, effective February 18. PART 3 NOMINATIONS 1-13.5-301. Eligibility for office - prohibitions - exceptions - challenges. (1) (a) No person except an eligible elector who is at least eighteen years of age, unless another age is required by law, is eligible to hold any office in this state. No person is eligible to be a candidate for office unless that person fully meets the qualifications of that office as stated in the constitution and statutes of this state on or before the date the person is nominated to the office. The designated election official shall not certify the name of any candidate who fails to swear or affirm under oath that he or she fully meets the qualifications as of the date of nomination or who is unable to provide proof that he or she meets any requirements of the office relating to registration, residence, or property ownership. (b) The information found on the person's voter registration record is admissible as prima facie evidence of compliance with the registration and residence requirements of this section. The information found in the property owners list is admissible as prima facie evidence of compliance with property ownership requirements. (2) Except as otherwise provided in this subsection (2), no person is eligible to be a candidate for more than one office in the same local government at one time. This subsection (2) does not: (a) Apply to memberships on different special district or business improvement district boards; or (b) Prohibit a candidate or elected official of any political subdivision from being a candidate or member of the board of directors of any special district, business improvement district, or districts in which he or she is an eligible elector, unless otherwise prohibited by law. (3) The qualification of any candidate may be challenged by an eligible elector of the local government within five days after the date that the designated election official certifies the candidate to the ballot. The challenge shall be made by verified petition setting forth the facts alleged concerning the qualification of the candidate and shall be filed in the district court in the county in which the local government is located. The hearing on the qualification of the candidate must be held not less than five nor more than ten days after the date the designated election official's statement is issued that certifies the candidate to the ballot. The court shall hear the testimony and other evidence and, within forty-eight hours after the close of the hearing, determine whether the candidate meets the qualifications for the office for which the candidate has declared. Part 1 of article 17 of title 13, C.R.S., regarding frivolous, groundless, or vexatious actions, applies to this section. Source: L. 2014: Entire article added, (HB 14-1164), ch. 2, p. 11, � 6, effective February 18. 1-13.5-302. Nomination of local government candidates. (1) Except as provided in section 1-13.5-303 or other applicable law, candidates for office of nonpartisan local governments must be nominated, without regard to affiliation, by petition on forms supplied by the designated election official. A petition of nomination may consist of one or more sheets, but it must contain the name and address of only one candidate and indicate the office to which the candidate is seeking election. The candidate's name must be printed on each sheet of a petition of nomination. (2) Nomination petitions for a candidate in a local government, other than a special district or business improvement district, may be circulated and signed, beginning on January 1 of the year in which election for that office is conducted and ending on the sixty-seventh day prior to the day of election, by at least two eligible electors residing within or eligible to vote in the local government. (3) The circulator of each nomination petition shall make an affidavit that each signature thereon is the signature of the person whose name it purports to be and that each signer has stated to the circulator that the signer is an eligible elector of the local government for which the nomination is made. (4) A petition is not valid if it does not contain the requisite number of signatures of eligible electors. The designated election official shall inspect timely filed petitions of nomination to ensure compliance with this section. (5) Each nomination petition must be filed with the designated election official no later than the sixty-seventh day prior to the day of election. Every petition must have endorsed on it or appended to it the written affidavit of the candidate accepting the nomination and swearing that the candidate satisfies the requirements set forth in law to be a candidate and hold office in the local government. (6) The designated election official shall preserve all nomination petitions filed with him or her for a period of two years. All such petitions are open to public inspection under proper regulation by the designated election official with whom they are filed. Source: L. 2014: Entire article added, (HB 14-1164), ch. 2, p. 12, � 6, effective February 18. 1-13.5-303. Candidates for special district or business improvement district director - self-nomination and acceptance form. (1) Except as otherwise provided in this section, no earlier than January 1 and no later than the normal close of business on the sixty-seventh day before the date of a regular special district election, any person who desires to be a candidate for the office of a special district director shall file a self-nomination and acceptance form or letter signed by the candidate and by an eligible elector of the state as a witness to the signature of the candidate. (2) On the date of signing the self-nomination and acceptance form or letter, a candidate for director shall be an eligible elector of the special district. If the district is divided into director districts established pursuant to section 32-1-301 (2)(f), C.R.S., the candidate shall be an eligible elector within the boundaries of the director district in which the candidate is running for office. (3) The self-nomination and acceptance form or letter must contain the name of the special district in which the election will be held, the county or counties where the special district is located, the special district director office sought by the candidate, the term of office sought if more than one length of a director's term is to be voted upon at the election, the date of the election, the full name of the candidate as it is to appear on the ballot, and whether the candidate is a member of an executive board of a unit owners' association, as defined in section 38-33.3-103, located within the boundaries of the special district for which the candidate is running for office. The candidate and witness must provide their respective residence addresses, including the street number and name, city or town, and county, and telephone numbers, and the candidate must provide a current email address. Unless physically unable, all candidates and witnesses shall sign their own signature and shall print their names and include the date of signature on the self-nomination and acceptance form or letter. (4) The self-nomination and acceptance form or letter must be filed with the designated election official or, if none has been designated, the presiding officer or the secretary of the board of directors of the special district in which the election will be held. (5) (a) The self-nomination and acceptance form or letter must be verified and processed substantially as provided in this subsection (5)(a) and subsection (5)(b) of this section, a protest on such a form or letter must be determined substantially as provided in sections 1-4-909 and 1-4-911, and an insufficient form or letter may be cured by submitting an amended self-nomination and acceptance form or letter to the designated election official before the normal close of business on the sixty-seventh day before an election. (b) Upon filing, the designated election official shall review the information in the self-nomination and acceptance form or letter and verify the information against the registration records, and, where applicable, the county assessor's records. (c) If, while verifying a signer's information against the registration records in accordance with subsections (5)(a) and (5)(b) of this section, the designated election official finds that the signer provided his or her mailing address rather than his or her residence address as required under subsection (3) of this section, the designated election official may accept the self-nomination form if the designated election official is able to locate the signer's record in the statewide voter registration database and determine that the self-nomination form is otherwise sufficient. (d) After review, the designated election official shall provide notification of the sufficiency or insufficiency of the candidate. (6) In a business improvement district with an elected board of directors, nominations for business improvement district directors must be handled substantially as provided in subsections (1) to (5) of this section. Source: L. 2014: Entire article added, (HB 14-1164), ch. 2, p. 13, � 6, effective February 18. L. 2016: (5) amended, (HB 16-1442), ch. 313, p. 1266, � 3, effective August 10. L. 2021: (3) and (5) amended, (SB 21-160), ch. 133, p. 536, � 3, effective September 7. 1-13.5-304. Withdrawal from nomination. Any person who has been nominated and who has accepted a nomination, or filed a self-nomination form or letter, may cause his or her name to be withdrawn from such nomination at any time before the election by executing a written affidavit withdrawing from the nomination. The withdrawing candidate shall sign the affidavit and file it with the designated election official. Source: L. 2014: Entire article added, (HB 14-1164), ch. 2, p. 14, � 6, effective February 18. 1-13.5-305. Write-in candidate affidavit. A write-in vote for any local government office is counted only if an affidavit of intent to be a write-in candidate is filed with the designated election official by the person whose name is written in not later than sixty-four days before the day of the election. The affidavit of intent must indicate that the signer desires the office and is qualified to assume the duties of that office if elected. Source: L. 2014: Entire article added, (HB 14-1164), ch. 2, p. 14, � 6, effective February 18. 1-13.5-306. Objections to nominations. All self-nomination and acceptance forms or letters, petitions of nomination, and affidavits of intent to be a write-in candidate that are in apparent conformity, as determined by the designated election official, with section 1-13.5-302, 1-13.5-303, or 1-13.5-305, are valid unless objection thereto is duly made in writing within three days after the filing of the same. In case an objection is made, the designated election official shall mail forthwith notice of the objection to any candidate for the same office. The designated election official shall decide objections within forty-eight hours after the same are filed, and any objections upheld may be remedied or defect cured upon the original petition, by an amendment thereto, or by filing a new self-nomination and acceptance form or letter, petition of nomination, or affidavit of intent, as applicable, within three days after the objection is upheld, but in no event later than the fifty-eighth day before the day of election. The designated election official shall pass upon the validity of all objections, whether of form or substance, and the designated election official's decisions upon matters of form are final. The designated election official's decisions upon matters of substance are open to review if prompt application is made, as provided in section 1-13.5-1501, but the remedy in all cases shall be summary, and the decision of the district court is final and not subject to review by any other court; except that the supreme court, in the exercise of its discretion, may review any proceeding in a summary way. Source: L. 2014: Entire article added, (HB 14-1164), ch. 2, p. 14, � 6, effective February 18. PART 4 ELECTION JUDGES 1-13.5-401. Appointment of election judges. (1) (a) Except as provided in subsection (2) of this section, at least fifteen days before each local government election, the governing body shall appoint the election judges. (b) Each election judge must be registered to vote in Colorado and at least eighteen years of age. Election judges must be appointed pursuant to this article without regard to party affiliation. Neither a current candidate for director nor any immediate family member, to the second degree, of such candidate is eligible to serve as an election judge. (c) The designated election official shall make and file in his or her office a list of all individuals so appointed, giving their names and addresses. The list is a public record and is subject to inspection and examination during office hours by any elector of the local government with the right to make copies thereof. (2) The governing body may delegate to the designated election official the authority and responsibility to appoint election judges in the manner provided in this section. Source: L. 2014: Entire article added, (HB 14-1164), ch. 2, p. 14, � 6, effective February 18. L. 2016: (1) amended, (HB 16-1442), ch. 313, p. 1267, � 4, effective August 10. 1-13.5-402. Number of judges - appointment. The governing body, or the designated election official if authorized pursuant to section 1-13.5-401 (2), shall appoint at least two election judges for each local government election. The appointing authority may also appoint any additional judges as deemed necessary, and may appoint counting judges. Source: L. 2014: Entire article added, (HB 14-1164), ch. 2, p. 15, � 6, effective February 18. 1-13.5-403. Certificates of appointment. Promptly after the appointment of the election judges, the designated election official shall issue certificates certifying the appointments. The designated election official shall mail one certificate to each person appointed. Source: L. 2014: Entire article added, (HB 14-1164), ch. 2, p. 15, � 6, effective February 18. 1-13.5-404. Acceptance form - time to file. With each certificate of appointment transmitted to the election judges, the designated election official shall enclose a form for acceptance of the appointment. Each individual appointed as an election judge may file his or her acceptance form in the office of the designated election official within seven days after the date that the designated election official mailed the certificate of appointment and the acceptance form. Unless otherwise determined by the designated election official, failure of any person appointed as an election judge to file an acceptance within those seven days results in a vacancy, which shall be filled in the same way the original appointment was made. Source: L. 2014: Entire article added, (HB 14-1164), ch. 2, p. 15, � 6, effective February 18. 1-13.5-405. Vacancies - emergency appointments. Except when section 1-13.5-404 applies, if an individual appointed as an election judge refuses or fails to accept the appointment or is unable to serve, the individual or any other election judge must immediately notify the designated election official. The designated election official shall forthwith appoint another qualified individual to serve as election judge in the place of the individual. In the event of an emergency, including inability to notify the designated election official, the remaining election judges at the location where the individual was to serve may appoint a replacement election judge. Source: L. 2014: Entire article added, (HB 14-1164), ch. 2, p. 15, � 6, effective February 18. 1-13.5-406. Removal of judges. The designated election official may summarily remove any election judge who neglects his or her duty, or commits, encourages, or connives at any fraud in connection therewith, or violates any election laws, or knowingly permits others to do so, or has been convicted of any felony, or violates his or her oath, or commits any act that interferes or tends to interfere with a fair and honest election. An election judge has no cause of action against a local government or designated election official arising from removal from office pursuant to this section. Source: L. 2014: Entire article added, (HB 14-1164), ch. 2, p. 15, � 6, effective February 18. 1-13.5-407. Oath of judges. Before any votes are taken at any local government election, the election judges shall make a self-affirmation substantially in the following form: I, ...., do solemnly swear (or affirm) that I am a citizen of the United States and the state of Colorado; that I am a registered elector in Colorado; that I will perform the duties of election judge according to law and the best of my ability; that I will studiously endeavor to prevent fraud, deceit, and abuse in conducting the same; that I will not try to ascertain how any elector voted, nor will I disclose how any elector voted if, in the discharge of my duties as judge, such knowledge shall come to me, unless called upon to disclose the same before some court; and that I will not disclose the result of the votes until the polls have closed. Source: L. 2014: Entire article added, (HB 14-1164), ch. 2, p. 16, � 6, effective February 18. 1-13.5-408. Training of judges. The designated election official shall make available an instruction class concerning the tasks of an election judge not more than forty-five days prior to each election. A designated election official shall remove an election judge who fails or refuses to attend the instruction class. Source: L. 2014: Entire article added, (HB 14-1164), ch. 2, p. 16, � 6, effective February 18. 1-13.5-409. Compensation of judges. The election judges at any local government election shall receive reasonable compensation for their services as election judges on election day and additional reasonable compensation for attending an instruction class required in section 1-13.5-408, as determined by the governing body of the local government or designated election official if authorized by the governing body to make a reasonable determination. Source: L. 2014: Entire article added, (HB 14-1164), ch. 2, p. 16, � 6, effective February 18. 1-13.5-410. Compensation for delivery of election returns and other election papers. The election judges in each polling place shall select one of their number to deliver the election returns, registration list, property owners list, ballot boxes, if any, and other election papers and supplies to the office of the designated election official or to such other place as the designated election official may designate as the counting center. The judge so selected shall be paid a reasonable amount of compensation for the performance of such service. Source: L. 2014: Entire article added, (HB 14-1164), ch. 2, p. 16, � 6, effective February 18. PART 5 NOTICE AND PREPARATION FOR ELECTIONS 1-13.5-501. Call for nominations - definitions. (1) Between seventy-five and one hundred days before a regular local government election, the designated election official shall provide public notice of a call for nominations for the election. The call must state the director offices to be voted upon at the election, where a self-nomination and acceptance form or letter may be obtained, the deadline for submitting the self-nomination and acceptance form or letter to the designated election official, and information on obtaining an absentee ballot. (1.5) Except as otherwise required by subsection (1.7) of this section, the public notice required by subsection (1) of this section must be made by publication as defined by subsection (2) of this section and by any one of the following means: (a) Mailing the notice, at the lowest cost option, to each address at which one or more active registered electors of the local government resides as specified in the registration list provided by the county clerk and recorder as of the date that is one hundred fifty days prior to the date of the regular local government election; (b) Including the notice as a prominent part of a newsletter, annual report, billing insert, billing statement, letter, voter information card or other notice of election, or other informational mailing sent by the local government to the eligible electors of the local government; (c) Posting the information on the official website of the local government; or (d) For a local government with fewer than one thousand eligible electors that is wholly located within a county the population of which is less than thirty thousand people, posting the notice in at least three public places within the territorial boundaries of the local government and, in addition, posting a notice in the office of the clerk and recorder of the county in which the local government is located. Any such notices must remain posted until the day after the call for nominations closes. (1.7) (a) In the case of any metropolitan district that was organized after January 1, 2000, in accordance with title 32, the notice required by subsection (1) of this section must be made by emailing the notice to each active registered elector of the metropolitan district as specified in the registration list provided by the county clerk and recorder as of the date that is one hundred fifty days prior to the date of the regular local government election. Where the active registered elector does not have an email address on file for such purpose with the county clerk and recorder as of the date that is not later than one hundred fifty days prior to the date of the regular local government election, the public notice required by subsection (1) of this section must be made by mailing the notice, at the lowest cost option, to each address at which one or more active registered electors of the metropolitan district resides as specified in the registration list provided by the county clerk and recorder as of the date that is one hundred fifty days prior to the date of the regular local government election. (b) In addition to the public notice required by subsection (1.7)(a) of this section, the designated election official shall also provide public notice by any one of the following means: (I) Publication as defined in subsection (2) of this section; (II) Including the notice as a prominent part of a newsletter, annual report, billing insert, billing statement, letter, voter information card or other notice of election, or other informational mailing sent by the metropolitan district to the eligible electors of the metropolitan district; (III) Posting the information on the official website of the metropolitan district; or (IV) For a metropolitan district with fewer than one thousand eligible electors that is wholly located within a county, the population of which is less than thirty thousand people, posting the notice in at least three public places within the territorial boundaries of the metropolitan district and, in addition, posting a notice in the office of the clerk and recorder of the county in which the special district is located. Any such notices must remain posted until the day after the call for nominations closes. (2) As used in this section, publication means printing one time, in one newspaper of general circulation in the special district or proposed special district if there is such a newspaper, and, if not, then in a newspaper in the county in which the special district or proposed special district is located. For a special district with territory within more than one county, if publication cannot be made in one newspaper of general circulation in the special district, then one publication is required in a newspaper in each county in which the special district is located and in which the special district also has fifty or more eligible electors. Source: L. 2014: Entire article added, (HB 14-1164), ch. 2, p. 16, � 6, effective February 18. L. 2021: (1) amended and (1.5) and (1.7) added, (SB 21-262), ch. 368, p. 2425, � 1, effective September 7. 1-13.5-502. Notice of election. (1) The designated election official, at least twenty days before each local government election, shall give written notice of the election stating the date of the election and the location and hours during which the polls will be open; the date ballots have or may be mailed if the election is conducted by mail ballot; mail ballot drop-off locations; names of the officers to be elected and any ballot issues and ballot questions to be voted upon; and the names of those candidates whose nominations have been certified to the designated election official, which listing must be as nearly as possible in the form in which such nominations will appear upon the official ballot. For an independent mail ballot election, the notice does not need to include the text of the ballot issues or ballot questions. A copy of the notice must be posted until after the election in a conspicuous place in the office of the designated election official. A copy of the notice must be mailed or sent via electronic mail to the county clerk and recorder. (2) (a) In addition, the notice required by this section must be published in at least one newspaper having general circulation in the local government on or before the twentieth day before election day. (b) On or before the twentieth day before the election, a special district must effect publication of the notice as provided in section 1-13.5-1102. (3) All polling places must be designated by a sign conspicuously posted at least twenty days before each local government election. The sign must be substantially in the following form: Polling Place for (name of local government). In addition, the sign must state the date of the next election and the hours the polling place will be open. Source: L. 2014: Entire article added, (HB 14-1164), ch. 2, p. 17, � 6, effective February 18. 1-13.5-503. Ballot issue notice. (1) Any ballot issue notice relating to a local government ballot issue must be prepared and distributed in a manner consistent with part 9 of article 7 of this title. (2) In addition to the requirements set forth in subsection (1) of this section, a local government submitting a ballot issue concerning the creation of any debt or other financial obligation at an election in the local government must post notice in accordance with the requirements of section 1-7-908. Source: L. 2014: Entire article added, (HB 14-1164), ch. 2, p. 17, � 6, effective February 18. 1-13.5-504. Establishing precincts and polling places - applicability. (1) This section applies to local government elections that are conducted by polling place. (2) The governing body of each local government, or designated election official if authorized by the governing body, shall divide the local government into as many election precincts for local government elections as it deems expedient for the convenience of the electors of the local government and shall designate the location and address for each polling place at which elections are to be held. (3) The designated election officials of local governments with overlapping boundaries that hold elections the same day by polling place must meet, confer, and thereafter, if practical, hold such elections in a manner that permits an elector in the overlapping area to vote in all of such elections at one polling place. (4) Notwithstanding subsection (3) of this section, the governing body or designated election official shall change any polling place upon petition of a majority of the registered electors residing within the local government. Source: L. 2014: Entire article added, (HB 14-1164), ch. 2, p. 18, � 6, effective February 18. 1-13.5-504.5. Accessibility of polling places to persons with disabilities. (1) Each polling place shall comply fully with the current ADA standards for accessible design set forth in 28 CFR 36 and promulgated in accordance with the federal Americans with Disabilities Act of 1990, as amended, 42 U.S.C. sec. 12101 et seq., and no barrier shall impede the path of electors with disabilities to the voting booth. (2) Emergency polling places are exempt from compliance with this section. (3) Except as otherwise provided in subsection (2) of this section, a designated election official shall only select as polling places such sites that meet the standards of accessibility set forth in subsection (1) of this section. Source: L. 2014: Entire article added, (HB 14-1164), ch. 2, p. 18, � 6, effective February 18. 1-13.5-505. Judges may change polling places. (1) When it becomes impossible or inconvenient to hold an election at the place designated, the election judges, after notifying the designated election official and after having assembled at or as near as practicable to such place an