Secretary of state - rules - guidance to local governments

1-7-1004. Secretary of state - rules - guidance to local governments. (1) The secretary of state shall adopt rules consistent with section 1-7-1003 and in accordance with article 4 of title 24, C.R.S., on the conduct of elections using ranked voting methods. The rules shall prescribe the methods and procedures for tabulating, auditing, and reporting results in an election using a ranked voting method. (2) The secretary of state shall provide guidance and advice to the governing bodies and designated election officials of local governments of the state on the conduct of elections using ranked voting methods. Source: L. 2008: Entire part added, p. 1252, � 2, effective August 5. ARTICLE 7.5 Mail Ballot Elections Editor's note: This article was added in 1990. This article was repealed and reenacted in 1992, resulting in the addition, relocation, and elimination of sections as well as subject matter.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. Former C.R.S. section numbers are shown in editor's notes following those sections that were relocated. For a detailed comparison of this article, see the comparative tables located in the back of the index. Law reviews: For article, Voting Under Colorado's Mail Ballot Election Act, see 21 Colo. Law. 941 (1992). PART 1 MAIL BALLOT ELECTIONS 1-7.5-101. Short title. This article shall be known and may be cited as the Mail Ballot Election Act. Source: L. 92: Entire article R&RE, p. 752, � 10, effective January 1, 1993. Editor's note: This section is similar to former � 1-7.5-101 as it existed prior to 1992. 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. 1-7.5-103. Definitions. As used in this article 7.5, unless the context otherwise requires: (1) Designated election official means official as defined in section 1-1-104 (8). (2) Election means 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. (3) Election day means 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. (3.5) Independent mail ballot election has the meaning set forth in section 1-13.5-1102. (4) Mail ballot election means 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. (5) Mail ballot packet means the packet of information provided by the designated election official to eligible electors in the mail ballot election and to persons preregistered to vote pursuant to section 1-2-101 (2) who will be eighteen years of age on the date of the mail ballot election. The packet includes the ballot, instructions for completing the ballot, a return envelope, and, if applicable, a secrecy envelope or sleeve. (6) Political subdivision means a governing subdivision of the state, including counties, municipalities, school districts, and special districts. (7) Return envelope means an envelope that is printed with spaces for the name and address of, and a self-affirmation to be signed by, an eligible elector voting in a mail ballot election, that contains a ballot for the elector, and that is designed to allow election officials, upon examining the signature, name, and address on the outside of the envelope, to determine whether the enclosed ballot is being submitted by an eligible elector who has not previously voted in that particular election. (8) Secrecy envelope means the envelope or sleeve used for a mail ballot election that contains the eligible elector's ballot for the election, and that is designed to conceal and maintain the confidentiality of the elector's vote until the counting of votes for that particular election. Source: L. 92: Entire article R&RE, p. 752, � 10, effective January 1, 1993. L. 94: (4) amended, p. 1166, � 38, effective July 1. L. 2003: (5) and (7) amended, p. 1277, � 4, effective April 22. L. 2009: (4) amended, (HB 09-1015), ch. 259, p. 1184, � 3, effective August 5. L. 2013: (4) amended, (HB 13-1303), ch. 185, p. 725, � 81, effective May 10; (5) amended, (HB 13-1135), ch. 184, p. 678, � 5, effective August 7. L. 2014: (4), (5), and (8) amended and (3.5) added, (HB 14-1164), ch. 2, p. 5, � 5, effective February 18. L. 2018: IP, (5), and (7) amended, (SB 18-233), ch. 262, p. 1612, � 25, effective May 29. Editor's note: This section is similar to former � 1-7.5-103 as it existed prior to 1992. Cross references: (1) For the Uniform Election Code of 1992, see articles 1 to 13 of this title. (2) In 2013, subsection (4) 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. (3) For the legislative declaration in HB 14-1164, see section 1 of chapter 2, Session Laws of Colorado 2014. 1-7.5-104. Mail ballot elections - applicability - optional for political subdivisions other than a county. For all general, primary, odd-year, coordinated, recall, and congressional vacancy elections, the county clerk and recorder shall conduct the election by mail ballot under the supervision of, and subject to rules promulgated in accordance with article 4 of title 24, C.R.S., by, the secretary of state. Source: L. 92: Entire article R&RE, p. 753, � 10, effective January 1, 1993. L. 93: (2) amended, p. 1422, � 82, effective July 1. L. 94: (1) amended, p. 1166, � 39, effective July 1. L. 2009: (2) amended, (HB 09-1015), ch. 259, p. 1184, � 4, effective August 5. L. 2013: Entire section amended, (HB 13-1303), ch. 185, p. 725, � 82, effective May 10. L. 2016: Entire section amended, (SB 16-142), ch. 173, p. 582, � 52, effective May 18. Editor's note: This section is similar to former � 1-7.5-104 as it existed prior to 1992. Cross references: 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. 1-7.5-104.5. Ballots and supplies for mail voting. (1) The county clerk and recorder or designated election official shall provide mail ballots, affidavits, certificates, envelopes, instruction cards, and other necessary supplies in the same manner as other election supplies are provided for in all elections and without cost to any eligible elector wishing to vote pursuant to this article. (2) (a) The ballots must be in the same form as other official ballots for the same election. (b) The approved form must include, at a minimum: (I) Instructions to return a copy of identification with the ballot for first-time electors who are required to provide identification in accordance with section 1-2-501; (I.5) Instructions on how the elector can provide identification and a signature for verification for first-time electors who do not have a signature stored in the statewide voter registration system; (II) Information regarding the availability of accessible voting systems in elections coordinated by the county clerk and recorder; (III) Information regarding how to vote and return the ballot or obtain a replacement; and (IV) Instructions to include adequate postage. (3) In counties including more than one state senatorial district or more than one state representative district, or both, mail ballots must be provided in a manner to be determined by the county clerk and recorder for each combination of state legislative districts. Distinctive markings or colors may be used to identify political subdivisions when such colors or distinctive markings will aid in the distribution and tabulation of the ballots. A complete ballot may consist of one or more pages or cards so long as each page or card is numbered and identified as provided for paper ballots in sections 1-5-407 and 1-5-410. This subsection (3) applies to ballots to be cast on voting machines as well as to paper ballots and ballot cards that can be electronically counted. (4) (a) On the mail ballot instructions, the following statements must be printed: All ballots are counted in the same manner. and You must sign the affirmation on the envelope. Do not sign, initial, or print your name on the ballot. (b) The mail ballot instructions shall contain information on how the elector may verify that his or her mail ballot has been received by the county clerk and recorder or designated election official as provided in section 1-7.5-207. Source: L. 2013: Entire section added, (HB 13-1303), ch. 185, p. 725, � 83, effective May 10. L. 2018: (4)(a) amended, (SB 18-233), ch. 262, p. 1612, � 26, effective July 1. L. 2019: (2)(b)(I.5) added, (SB 19-235), ch. 329, p. 3055, � 6, effective July 1, 2020. L. 2021: (2)(b)(I.5) amended, (SB 21-250), ch. 282, p. 1648, � 36, effective June 21. 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. 1-7.5-105. Preelection process - rules. (1) (a) The county clerk and recorder or designated election official responsible for conducting an election that is to be by mail ballot pursuant to section 1-7.5-104 (1) shall send a proposed election plan for conducting the mail ballot election to the secretary of state no later than ninety days prior to a nonpartisan election or, for any mail ballot election that is coordinated with or conducted by the county clerk and recorder, no later than one hundred ten days prior to the election. The proposed plan may be based on the standard plan adopted by the secretary of state by rule. (b) For each general election, a county clerk and recorder or designated election official shall solicit public comment on the proposed locations for voter service and polling centers and drop boxes in an election plan required pursuant to subsection (1)(a) of this section. On or before the fifty-fifth day before the deadline to submit the plan to the secretary of state, the county clerk and recorder or designated election official shall post to the county clerk and recorder's website the proposed locations for voter service and polling centers and drop boxes. The county clerk and recorder shall accept public comments on the proposed locations through the fortieth day before the deadline to submit the plan to the secretary of state. (1.3) The election plan required under subsection (1) of this section must include, at a minimum: (a) The address and hours of operation for each voter service and polling center; (b) The address and hours of operation for each ballot drop-off location, including the location of each drop box; (c) A throughput analysis for each designated voter service and polling center that addresses: (I) The number of electors anticipated at the center during its operation; (II) If the center was used in a previous election, the wait times and number of electors that used the center in the previous election; and (III) The number of election judges, check-in stations, printers, and other equipment that will be in use at the center; (d) A copy of the mail ballot packet that will be used in the election; (e) A copy of the signature card that will be used for in-person voting in accordance with section 1-7-110; (f) Copies of all forms that will be available or provided to electors to cure deficiencies or errors during the election with the county-specific information filled in; (f.5) The information required by section 1-7.5-113.5 (2); and (g) Such other information as the secretary of state may require. (1.5) Repealed. (2) (a) The secretary of state shall approve or disapprove the written plan for conducting a mail ballot election, in accordance with section 1-7.5-106, within twenty days after receiving the plan and shall provide a written notice to the affected political subdivision. (b) Repealed. (c) The secretary of state may promulgate rules concerning the submission and approval of election plans. (3) The county clerk and recorder or designated election official shall supervise the distribution, handling, and counting of ballots and the survey of returns in accordance with rules promulgated by the secretary of state as provided in section 1-7.5-106 (2) and shall take the necessary steps to protect the confidentiality of the ballots cast and the integrity of the election. (4) No elector information shall be delivered in the form of a sample ballot. Source: L. 92: Entire article R&RE, p. 753, � 10, effective January 1, 1993. L. 93: (1) amended, p. 1423, � 83, effective July 1. L. 94: (1) amended, p. 1166, � 40, effective July 1. L. 95: (1) amended, p. 840, � 61, effective July 1. L. 2007: (1) and (2) amended, p. 922, � 1, effective May 17. L. 2009: (1.5) added and (2) amended, (HB 09-1015), ch. 259, p. 1184, � 5, effective August 5. L. 2010: (1) and (2)(a) amended, (HB 10-1116), ch. 194, p. 834, � 19, effective May 5; (2)(b) amended, (HB 10-1422), ch. 419, p. 2062, � 2, effective August 11. L. 2012: (1) and (1.5)(a) amended, (HB 12-1292), ch. 181, p. 686, � 32, effective May 17. L. 2013: (1) and (3) amended and (1.5) and (2)(b) repealed, (HB 13-1303), ch. 185, p. 726, � 84, effective May 10. L. 2019: (1) amended and (1.3) and (2)(c) added, (HB 19-1278), ch. 326, p. 3029, � 40, effective August 2. L. 2021: (1) and (2)(a) amended and (1.3)(f.5) added, (SB 21-250), ch. 282, p. 1648, � 37, effective June 21. Editor's note: This section is similar to former � 1-7.5-105 as it existed prior to 1992. Cross references: (1) In 2013, subsections (1) and (3) were amended and subsections (1.5) and (2)(b) were repealed 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 short title (Colorado Votes Act) in HB 19-1278, see section 1 of chapter 326, Session Laws of Colorado 2019. 1-7.5-106. Secretary of state - duties and powers. (1) In addition to any other duties prescribed by law, the secretary of state, with advice from election officials of the several political subdivisions, shall: (a) Prescribe the form of materials to be used in the conduct of mail ballot elections; except that all mail ballot packets shall include a ballot, instructions for completing the ballot, and a return envelope; (b) Establish procedures for conducting mail ballot elections; except that the procedures shall be consistent with section 1-7.5-107; (c) Supervise the conduct of mail ballot elections by the election officials as provided in section 1-7.5-105 (3). (2) In addition to other powers prescribed by law, the secretary of state may adopt rules governing procedures and forms necessary to implement this article and may appoint any county clerk and recorder as an agent of the secretary to carry out the duties prescribed in this article. Source: L. 92: Entire article R&RE, p. 754, � 10, effective January 1, 1993. L. 2001: (1)(a) amended, p. 1003, � 10, effective August 8. L. 2003: (1)(a) amended, p. 1278, � 5, effective April 22. L. 2018: (1)(a) amended, (SB 18-233), ch. 262, p. 1612, � 27, effective May 29. Editor's note: This section is similar to former � 1-7.5-106 as it existed prior to 1992. 1-7.5-106.5. Registration record - list of mail ballots. (1) Before any mail ballot is delivered or mailed or before any eligible elector is permitted to cast a vote at an election where the county clerk and recorder is the designated election official, the designated election official shall record the date the ballot is delivered or mailed in the statewide voter registration database. (2) For nonpartisan elections coordinated by the county clerk and recorder, voters shall be recorded in the statewide voter registration database. (3) The county clerk and recorder or designated election official shall record in the statewide voter registration system created in section 1-2-301 (1) the names and precinct numbers of eligible electors, together with the date on which the mail ballot was sent and the date on which each mail ballot was returned or otherwise cast. For unaffiliated electors in a primary election, the county clerk and recorder shall record which political party's ballot the elector cast. If a mail ballot is not returned or otherwise cast, or if it is rejected and not counted, that fact must be recorded in the statewide voter registration system. The information is subject to public inspection under applicable laws and rules. Source: L. 2013: Entire section added, (HB 13-1303), ch. 185, p. 727, � 85, effective May 10. L. 2017: (3) amended, (SB 17-305), ch. 216, p. 844, � 6, effective August 9. 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. 1-7.5-107. Procedures for conducting mail ballot election - primary elections - first-time voters casting a mail ballot after having registered by mail to vote - in-person request for ballot - return envelope requirements - repeal. (1) Official ballots shall be prepared and all other preelection procedures followed as otherwise provided by law or rules promulgated by the secretary of state; except that mail ballot packets shall be prepared in accordance with this article. (2) Repealed. (2.3) (Deleted, 2016.) (2.5) Repealed. (2.7) Subsequent to the preparation of ballots in accordance with section 1-5-402 but prior to the mailing required under subsection (3) of this section, and no sooner than forty-five days nor later than thirty-two days before an election, a designated election official shall provide a mail ballot to a registered elector requesting the ballot at the designated election official's office or the office designated in the election plan filed with the secretary of state. (3) (a) (I) Not sooner than twenty-two days before a general, primary, or other mail ballot election, and no later than eighteen days before the election, the county clerk and recorder or designated election official shall mail to each active registered elector, at the last mailing address appearing in the registration records and in accordance with United States postal service regulations, a mail ballot packet, which must be marked DO NOT FORWARD. ADDRESS CORRECTION REQUESTED., or any other similar statement that is in accordance with United States postal service regulations. Nothing in this subsection (3) affects any provision of this code governing the delivery of mail ballots to an absent uniformed services elector, nonresident overseas elector, or resident overseas elector covered by the federal Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. sec. 20301 et seq. (II) If the twenty-second day before a general, primary, or other mail ballot election is a Saturday, Sunday, state legal holiday, or federal holiday recognized by the United States postal service, the county clerk and recorder or designated election official may mail ballot packets pursuant to subsection (3)(a)(I) of this section on the Friday immediately preceding the twenty-second day. (b) The ballot or ballot label shall contain the following warning: WARNING: Any person who, by use of force or other means, unduly influences an eligible elector to vote in any particular manner or to refrain from voting, or who falsely makes, alters, forges, or counterfeits any mail ballot before or after it has been cast, or who destroys, defaces, mutilates, or tampers with a ballot is subject, upon conviction, to imprisonment, or to a fine, or both. (b.5) (I) (A) The return envelope must have printed on it a self-affirmation substantially in the following form: I affirm under penalty of perjury that I am a United States citizen and an eligible elector; I have been a Colorado resident for at least twenty-two days immediately before this election; I am registered to vote at my sole legal place of residence; I will be at least eighteen years of age on election day; I voted the ballot that was issued to me; and this is the only ballot I have voted in this election. ............................................................ DateSignature of voter (B) (Deleted by amendment, L. 2021.) (II) The signing of the self-affirmation on the return envelope shall constitute an affirmation by the eligible elector, under penalty of perjury, that the facts stated in the self-affirmation are true. If the eligible elector is unable to sign, the eligible elector may affirm by making a mark on the self-affirmation, with or without assistance, witnessed by another person. (III) The return envelope shall not be required to have a flap covering the signature or otherwise impede the use of a signature verification device. (c) Repealed. (d) An eligible elector may obtain a replacement ballot in accordance with the procedures specified in sections 1-7.5-114.5 and 1-7.5-115. (3.5) (a) Unless otherwise provided by section 1-2-201 (5), the requirements of this subsection (3.5) apply to a person who registered to vote in accordance with article 2 of this title and who has not previously voted in an election in Colorado. (b) Any person who matches the description specified in subsection (3.5)(a) of this section and intends to cast his or her ballot by mail in accordance with this article 7.5 shall submit with his or her mail ballot a copy of identification within the meaning of section 1-1-104 (19.5). (c) The county clerk and recorder or designated election official shall include with the mail ballot packet required by paragraph (a) of subsection (3) of this section written instructions advising an elector who matches the description specified in paragraph (a) of this subsection (3.5) of the manner in which the elector shall be in compliance with the requirements contained in paragraph (a) of this subsection (3.5). (d) (I) Any person who desires to cast his or her ballot by mail but does not satisfy the requirements of subsection (3.5)(b) of this section may cast such ballot by mail. The county clerk and recorder or designated election official shall, within three days after the receipt of a mail ballot that does not contain a copy of identification as defined in section 1-1-104 (19.5), but in no event later than two days after election day, send to the eligible elector at the address indicated in the registration records and to the eligible elector's electronic mail address if available a letter explaining the lack of compliance with subsection (3.5)(b) of this section. If the county clerk and recorder or designated election official receives a copy of identification in compliance with subsection (3.5)(b) of this section within eight days after election day, and if the mail ballot is otherwise valid, the mail ballot shall be counted. (II) The county clerk and recorder or designated election official, within twenty-four hours of receiving an eligible elector's identification in compliance with subsection (3.5)(b) of this section, shall update the statewide voter registration system to indicate that the eligible elector has cured the deficiency on their ballot. The clerk and recorder or designated election official is not required to update the statewide voter registration system pursuant to this subsection (3.5)(d)(II) on a Saturday, Sunday, or legal holiday unless, on the Thursday immediately following election day, the clerk and recorder or designated election official's review of the remaining number of letters issued but not returned pursuant to subsection (3.5)(d)(I) of this section and sections 1-7.5-107.3 (1.5)(a) and 1-7.5-107.3 (2)(a) indicates that the margin for any ballot contest or ballot question is greater than the remaining number of letters issued or indicates that the remaining number of letters issued to voters eligible to vote on a particular ballot contest or ballot question could not potentially move the margin of that ballot contest or ballot question into a mandatory recount pursuant to section 1-10.5-101 (1)(b), if returned. (III) For state-certified ballot contests and ballot measures, the secretary of state's office shall complete the review pursuant to subsection (4.3)(a)(II) of this section. (e) The requirements of this subsection (3.5) shall be implemented by state and local election officials in a uniform and nondiscriminatory manner. (f) Notwithstanding any other provision of law, the requirements of this subsection (3.5) do not apply to any person who is: (I) Entitled to vote by absentee ballot under the federal Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. sec. 20301 et seq.; (II) Provided the right to vote otherwise than in person under section (b)(2)(B)(ii) of the federal Voting Accessibility for the Elderly and Handicapped Act, 52 U.S.C. sec. 20102 et seq.; or (III) Entitled to vote otherwise than in person under any other federal law. (4) (a) Upon receipt of a ballot, the eligible elector shall mark the ballot, sign and complete the self-affirmation on the return envelope, enclose identification if required by subsection (3.5) of this section, and comply with the instructions provided with the ballot. (b) (I) The eligible elector may: (A) Return the marked ballot to the county clerk and recorder or designated election official by United States mail or by depositing the ballot at the office of the county clerk and recorder or designated election official or at any voter service and polling center, drop box, or drop-off location designated by the county clerk and recorder or designated election official as specified in the election plan filed with the secretary of state. The ballot must be returned in the return envelope. (B) Deliver the ballot to any person of the elector's own choice or to any duly authorized agent of the county clerk and recorder or designated election official for mailing or personal delivery; except that no person other than a duly authorized agent of the county clerk and recorder or designated election official may receive more than ten mail ballots in any election for mailing or delivery; or (C) Cast his or her vote in person at the voter service and polling center. (II) If an eligible elector returns the ballot by mail, the elector must provide postage. The ballot must be received at the office of the county clerk and recorder or designated election official, a drop box, or a designated drop-off location, which must remain open until 7 p.m. on election day. All envelopes containing mail ballots must be in the hands of the county clerk and recorder or designated election official no later than 7 p.m. on the day of the election. Mail ballot envelopes received after 7 p.m. on the day of the election but postmarked on or before the day of the election will remain sealed and uncounted, but the elector's registration record shall not be canceled for failure to vote in a general election. (III) A person who delivers a ballot on behalf of an elector pursuant to sub-subparagraph (B) of subparagraph (I) of this paragraph (b) is not deemed to be voting more than once pursuant to section 1-13-710. (IV) Nothing in subparagraph (II) of this paragraph (b) affects or supersedes provisions regarding the timely casting and counting of ballots under section 1-8.3-111 or 1-8.3-113. (c) and (d) Repealed. (4.3) (a) (I) For any election, other than a general election, for which a county clerk and recorder is the designated election official, there must be a minimum number of drop boxes where mail ballots may be deposited equal to at least one drop box for each thirty thousand active registered electors in the county; except that, if the district or political subdivision for which the election is being conducted is less populous than the county, the county clerk and recorder shall designate at least one drop box for each thirty thousand current active registered electors eligible to vote in that election. The drop boxes must be arrayed throughout the county in a manner that provides the greatest convenience to electors. Each drop box must comply with the secretary of state's current security rules. (II) On and after January 1, 2020, for a presidential primary or November coordinated election, in addition to the requirements of subsection (4.3)(a)(I) of this section, the county clerk and recorder 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 section 1-5-102.9 (1)(b.5)(III). (III) A county may establish additional drop-off locations at the county's discretion. Each drop-off location must be supervised in accordance with section 1-5-102.9 (5)(f). (b) The minimum number of drop boxes described in subsection (4.3)(a) of this section must accept mail ballots delivered by electors during, at a minimum, the seven days prior to and including the day of the election. (c) (I) The county clerk and recorder or designated election official shall arrange for the collection of ballots by bipartisan teams of election judges or staff from each drop box location after the drop box location is open and must receive the ballots into the statewide voter registration system: (A) At least once every seventy-two hours after ballots are mailed, excluding ballots that are mailed pursuant to the federalUniformed and Overseas Citizens Absentee Voting Act of 1986, 52 U.S.C. sec. 20301 et seq., until the date that voter service and polling centers are required to open; (B) At least once every twenty-four hours during the days that voter services and polling centers are required to be open; (C) For counties with at least two hundred fifty thousand active electors as of the date of the previous general election, at least once on the Sunday before election day; and (D) For counties with at least two hundred fifty thousand active electors as of the date of the previous general election, at least twice on the Monday before election day and at least twice on election day before 7 p.m. (II) A county clerk and recorder or designated election official may satisfy the requirements of subsection (4.3)(c)(I) of this section by: (A) Collecting and transporting the ballots to the central counting location for receipt into the statewide voter registration system; or (B) Collecting and transporting the ballots to the nearest voter service and polling center for receipt into the statewide voter registration system. (III) A county clerk and recorder may request a waiver from the secretary of state exempting the county from the drop box ballot collection requirements in subsection (4.3)(c)(I) of this section. If the secretary of state grants the waiver, the county clerk shall arrange for the collection of ballots by bipartisan teams of election judges from all exempt drop box locations once they are open as often as necessary, but at least once each week after the initial mailing of ballots under subsection (3)(a)(I) of this section, until the Friday before election day. The county clerk must post a notice on each exempt drop box of the dates and approximate times ballots will be collected. (4.5) (a) (I) For any primary or November coordinated election, the county clerk and recorder shall designate voter service and polling centers equal to no fewer than the number of county motor vehicle offices in the county; except that each county shall have no fewer than one voter service and polling center, and, for counties with fewer than twenty-five thousand active registered electors, only one voter service and polling center is required. The county clerk and recorder may add additional voter service and polling center locations as necessary. (II) Repealed. (III) (A) For a presidential primary or November coordinated election, from the eighth day before the election until the second day before the election, the county clerk and recorder shall designate at least one voter service and polling center on each campus of an institution of higher education, as defined in section 23-3.1-102 (5), that has ten thousand or more enrolled students, and on the day before the election and on election day, the county clerk and recorder shall designate at least one voter service and polling center on each campus of an institution of higher education located within the county that has two thousand or more enrolled students as determined in accordance with section 1-5-102.9 (1)(b.5)(III). (B) In a county described in section 1-5-102.9 (1)(a)(I) or (1)(a)(II), a voter service and polling center designated in accordance with this subsection (4.5)(a)(III) may count toward the minimum requirements of subsection (4.5)(a)(I) of this section. In all other counties, a voter service and polling center designated in accordance with this subsection (4.5)(a)(III) must be in addition to the minimum requirements of subsection (4.5)(a)(I) of this section. (b) (Deleted by amendment, L. 2013.) (b.5) For any election, other than a general, primary, or November coordinated election, for which the county clerk and recorder is the designated election official, the county clerk and recorder shall designate at least one voter service and polling center for each thirty thousand current active registered electors who are eligible to vote in that election. (c) The minimum number of voter service and polling centers shall be open during, at a minimum, the eight days prior to and including the day of the election; except that voter service and polling centers are not required to be open on Sundays. (d) In designating voter service and polling centers under this subsection (4.5), a county clerk and recorder shall take into account the factors described under section 1-5-102.9 (1)(c)(I). (4.7) For the purposes of subsections (4.3) and (4.5) of this section, the number of active registered 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. (5) (a) Once the ballot is returned, an election judge shall first qualify the submitted ballot by comparing the information on the return envelope with the registration records to determine whether the ballot was submitted by an eligible elector who has not previously voted in the election. If the ballot so qualifies and is otherwise valid, the election judge shall indicate in the pollbook that the eligible elector cast a ballot and deposit the ballot in an official ballot box. (b) (Deleted by amendment, L. 2010, (HB 10-1116), ch. 194, p. 834, � 20, effective May 5, 2010.) (c) For any election conducted with or coordinated by a county clerk and recorder, the signature of the eligible elector on the return envelope shall be compared with the signature of the eligible elector on file in the office of the county clerk and recorder or in the statewide voter registration system in accordance with section 1-7.5-107.3. (6) All deposited ballots shall be counted as provided in this article and by rules promulgated by the secretary of state. A mail ballot is valid and shall be counted only if it is returned in the return envelope, the self-affirmation on the return envelope is signed and completed by the eligible elector to whom the ballot was issued, and the information on the return envelope is verified in accordance with subsection (5) of this section. Mail ballots shall be counted in the same manner provided by section 1-7-307 for counting paper ballots or section 1-7-507 for counting electronic ballots. If the election official determines that an eligible elector to whom a replacement ballot has been issued has returned more than one ballot, the first ballot received is the accepted ballot. All candidates and issues for which the voter is eligible to vote will be counted on the accepted ballot. Rejected ballots shall be handled in the same manner as provided in sections 1-7.5-204 and 1-7.5-210. (7) If, by the close of polls, an elector deposits a ballot at a drop-off location in a county in which the elector does not reside, the county clerk and recorder, upon discovering that fact, shall timely deliver the ballot to the county clerk and recorder of the county in which the elector resides, who shall accept the ballot for processing. Source: L. 92: Entire article R&RE, p. 754, � 10, effective January 1, 1993. L. 93: (3)(c) and (5) amended, p. 1767, � 10, effective June 6; (2)(b) amended, p. 1423, � 84, effective July 1. L. 94: (2)(a), (3)(c), (3)(d), and (4)(b) amended, p. 1167, � 41, effective July 1. L. 95: (2), (3)(a), (3)(d), and (5) amended, p. 841, � 62, effective July 1. L. 96: (2)(b) and (6) amended, pp. 1749, 1774, �� 45, 79, effective July 1. L. 97: (3)(a) and (3)(c) amended, p. 186, � 6, effective August 6. L. 99: (2.5) added, p. 776, � 58, effective May 20. L. 2001: (3)(b.5) added and (6) amended, pp. 1003, 1004, �� 11, 12, effective August 8. L. 2002: (4)(b) amended, p. 1634, � 17, effective June 7. L. 2003: (3)(b.5), (4), (5), and (6) amended, p. 1278, � 6, effective April 22; (3.5) added, p. 2078, � 15, effective May 22. L. 2004: (4)(a) and (5)(b) amended and (4)(c) and (4)(d) repealed, pp. 1053, 1054, �� 6, 9, effective May 21. L. 2005: (3.5)(d) and (5)(b) amended, p. 1410, � 28, effective June 6; (3.5)(d) and (5)(b) amended, p. 1445, � 28, effective June 6. L. 2006: IP(3.5)(a) amended, p. 2033, � 13, effective June 6. L. 2007: (6) amended, p. 1981, � 31, effective August 3. L. 2008: (3)(b.5)(III) added and (5)(c) amended, p. 358, �� 3, 4, effective April 10. L. 2009: (2.3), (4.3), and (4.5) added and (2.5)(a), (3)(a), and (3)(c) amended, (HB 09-1015), ch. 259, p. 1185, � 6, effective August 5; (3)(b.5)(I) amended, (HB 09-1216), ch. 165, p. 729, � 3, effective August 5; (3.5)(d) amended, (HB 09-1337), ch. 262, p. 1201, � 1, effective August 5. L. 2010: (3)(a)(I), (4.3)(b), (4.5)(c), and (5)(b) amended, (HB 10-1116), ch. 194, p. 834, � 20, effective May 5. L. 2012: (2.7) added and (5)(c) amended, (HB 12-1292), ch. 181, p. 686, � 33, effective May 17. L. 2013: (2)(a), (2.3)(a), (2.5)(a), (3)(a), (3)(c), (3)(d), (3.5)(c), (3.5)(d), (4)(b), (4.3), (4.5), and (6) amended, (HB 13-1303), ch. 185, p. 727, � 86, effective May 10. L. 2014: (4.3)(a) and (4.5)(a) amended and (4)(b)(IV), (4.5)(b.5), and (7) added, (SB 14-161), ch. 160, p. 563, � 17, effective May 9; (3)(a)(II) amended, (HB 14-1363), ch. 302, p. 1261, � 1, effective May 31. L. 2016: (2), (2.5), and (3)(c) repealed and (3)(a), (3)(d), (3.5)(a), IP(3.5)(f), (3.5)(f)(I), and (3.5)(f)(II) amended, (SB 16-142), ch. 173, p. 582, � 53, effective May 18. Initiated 2016: (2.3) deleted and (2.5)(a)(II) amended, Proposition 108, effective upon proclamation of the Governor, December 27, 2016. See L. 2017, p. 2826. L. 2017: (2.5)(a)(II) repealed and (3)(a)(II) amended, (SB 17-305), ch. 216, p. 844, � 5, effective August 9. L. 2018: (2.7) amended, (SB 18-233), ch. 262, p. 1613, � 28, effective May 29. L. 2019: (2.7), (3)(a)(I), (3)(a)(II), (3.5)(b), (3.5)(d), (4)(b)(I)(A), (4)(b)(II), (4.3), and (4.5)(a)(I) amended, (4.5)(a)(II)(B) repealed, and (4.5)(a)(III) and (4.7) added, (HB 19-1278), ch. 326, p. 3030, � 41, effective August 2; (3)(b.5)(I) amended, (SB 19-235), ch. 329, p. 3057, � 11, effective August 2. L. 2020: (3)(d) amended, (HB 20-1313), ch. 260, p. 1254, � 2, effective September 14. L. 2021: (3)(a)(II), (3)(b.5)(I), and (4.3)(a)(III) amended, (SB 21-250), ch. 282, p. 1649, � 38, effective June 21. L. 2023: (3.5)(d) amended and (4.3)(c) added, (SB 23-276), ch. 399, p. 2386, � 33, effective June 6; (4.5)(a)(III)(A) amended, (SB 23-276), ch. 399, p. 2386, � 33, effective January 1, 2024. L. 2024: (3)(a)(I) amended and (4.3)(c)(III) added, (SB 24-210), ch. 468, p. 3255, � 38, effective June 6. Editor's note: (1) This section is similar to former � 1-7.5-107 as it existed prior to 1992. (2) Subsection (2.5) was repealed by SB 16-142, effective May 18, 2016; however, in order to give effect to Proposition 108, the repeal of subsection (2.5)(a)(II) by SB 16-142 was superseded by Proposition 108 approved by the voters November 8, 2016, and effective upon proclamation of the governor on December 27, 2016. Subsection (2.5)(a)(II) was subsequently repealed by SB 17-305, effective August 9, 2017. For amendments to subsection (2.5)(a)(II) in Proposition 108 in effect from December 27, 2016, to August 9, 2017, see section 10 on p. 2826, Session Laws of Colorado 2017. (3) This section was amended by initiative in 2016. The vote count on Proposition 108 at the general election held November 8, 2016, was as follows: FOR: 1,398,577 AGAINST: 1,227,117 (4) Subsection (4.5)(a)(II)(C) provided for the repeal of subsections (4.5)(a)(II)(A) and (4.5)(a)(II)(C), effective January 1, 2017. (See L. 2014, p. 563.) Cross references: (1) In 2013, subsections (2)(a), (2.3)(a), (2.5)(a), (3)(a), (3)(c), (3)(d), (3.5)(c), (3.5)(d), (4)(b), (4.3), (4.5), and (6) were 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 declaration of the people of Colorado in Proposition 108, see section 1 on p. 2822, Session Laws of Colorado 2017. (3) For the short title (Colorado Votes Act) in HB 19-1278, see section 1 of chapter 326, Session Laws of Colorado 2019. 1-7.5-107.2. Manner of early voting - securing ballots cast during early voting. (1) An eligible elector who receives a mail ballot may cast the ballot at a voter service and polling center prior to election day. Ballot boxes must be locked and sealed each night with a numbered seal under the supervision of the election judges or watchers, and the designated election official shall retain possession of the keys until he or she transfers the same to the counting place pursuant to section 1-7.5-203 for preparation to count and tabulate. When a seal is broken, the designated election official and a person who is not of the same political party as the designated election official shall record the number of the seal and maintain the seal along with an explanation of the reasons for breaking the seal. (2) (a) Except as provided in paragraph (b) of this subsection (2), the voting machines, electronic voting machines, or ballot boxes must remain locked and secured with a numbered seal, and the tabulation of the votes cast must remain unknown until the time prescribed in section 1-7.5-202 for counting voters' ballots. Alternatively, except for electronic voting equipment and mail ballot boxes, the ballot boxes must be opened each night, and the voted ballots must be placed in a transfer case that is locked and secured with a numbered seal. A record must be maintained consisting of the date and seal number of each ballot box and transfer case until each ballot box and transfer case is transferred pursuant to section 1-7.5-203 for preparation for counting and tabulating. When a seal is broken, the designated election official and a person who is not of the same political party as the designated election official shall record the number of the seal and maintain the seal along with an explanation of the reasons for breaking the seal. During the time the voter service and polling center is not open, the designated election official shall have the custody and keys of any voting machine or electronic voting equipment being used for the casting of ballots. (b) The designated election official shall place in a locked and secured location all direct record electronic voting machine cartridges that record votes cast on such voting machines. The tabulation of votes cast and recorded on such cartridges must remain unknown until the time prescribed in section 1-7.5-202 for counting ballots. Source: L. 2013: Entire section added, (HB 13-1303), ch. 185, p. 732, � 87, effective May 10. 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. 1-7.5-107.3. Verification of signatures - rules. (1) (a) Except as provided in subsection (5) of this section, in every mail ballot election that is coordinated with or conducted by the county clerk and recorder, an election judge shall compare the signature on the self-affirmation on each return envelope with the signature of the eligible elector stored in the statewide voter registration system in accordance with subsections (2), (3), and (4) of this section. (b) (Deleted by amendment, L. 2008, p. 356, � 2, effective April 10, 2008.) (1.5) (a) If an eligible elector returns a ballot but does not have a signature stored in the statewide voter registration system, the county clerk and recorder shall, within three days after the missing signature is confirmed, but in no event later than two days after election day, send to the eligible elector at the address indicated in the registration records and to the eligible elector's electronic mail address if available a letter explaining the need for a signature for verification purposes and a form with instructions for the eligible elector to: (I) Confirm that the eligible elector returned a ballot to the county clerk and recorder; (II) Provide a copy of the eligible elector's identification as defined in section 1-1-104 (19.5); and (III) Provide a signature for verification in accordance with this section. (b) If the county clerk and recorder receives the form within eight days after election day confirming that the eligible elector returned a ballot to the county clerk and recorder and enclosing a copy of the eligible elector's identification as defined in section 1-1-104 (19.5), and if the ballot is otherwise valid, the ballot shall be counted. If the eligible elector returns the form indicating that the eligible elector did not return a ballot to the county clerk and recorder, or if the eligible elector does not return the form within eight days after election day or does not enclose identification, the ballot shall not be counted. (c) An original return envelope containing a voted ballot that is not counted in accordance with subsection (1.5)(b) of this section shall be stored under seal as an election re