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Colorado Revised Statutes Title 1. Elections § 1-1-104. Definitions

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As used in this code, unless the context otherwise requires:

(1)??Abstract of votes cast? means a certified record of the results in each election for candidates for any office, ballot issue, or ballot question that the county clerk and recorder certified for the ballot.

(1.1)??Address of record? means the elector's place of residence or the elector's deliverable mailing address, if different from the elector's place of residence.

(1.2)??Affiliation? means an elector's decision to affiliate with either a political party or a political organization, as defined in subsections (24) and (25) of this section.

(1.3)??Assembly? means a meeting of delegates of a political party, organized in accordance with the rules and regulations of the political party, held for the purpose of designating candidates for nominations.

(1.5)??Authorizing legislation? means the provisions of the state constitution or statutes or of a local charter authorizing the existence and powers of a political subdivision and providing for the call and conduct of the political subdivision's election.

(1.7)??Ballot? means the list of all candidates, ballot issues, and ballot questions upon which an eligible elector is entitled to vote at an election.

(2)??Ballot box? means the locked and sealed container in which ballots are deposited by eligible electors. ?The term includes the container in which ballots are transferred from a polling location to the office of the designated election official and the transfer case in which electronic ballot cards and paper tapes and the ?prom? or any other electronic tabulation device are sealed by election judges for transfer to the central counting center.

(2.1)??Ballot card? means the card, tape, or other vehicle on which an elector's votes are recorded in an electronic or electromechanical voting system.

(2.3)??Ballot issue? means a state or local government matter arising under section 20 of article X of the state constitution, as defined in sections 1-41-102(4) and 1-41-103(4), respectively.

(2.5)??Ballot issue notice? means the notice which is required by section 20(3)(b) of article X of the state constitution and comprises the material between the notice title and the conclusion of the summary of comments.

(2.7)??Ballot question? means a state or local government matter involving a citizen petition or referred measure, other than a ballot issue.

(2.8)??Confirmation card? means a communication mailed from a county clerk and recorder to an elector pursuant to section 1-2-302.5(2)(b)(III), 1-2-509(3)(b)(III), or 1-2-605, which card must:

(a)?Be mailed to the elector's address of record;

(b)?Be sent by forwardable mail;

(c)?Comply with all relevant requirements of the federal ?National Voter Registration Act of 1993?, 52 U.S.C. sec. 20501 et seq., as amended; ?and

(d)?Include a postage-prepaid, preaddressed form by which the elector may verify or correct his or her address information.

(5)??Congressional vacancy election? means an election held at a time other than the general election for the purpose of filling a vacancy in an unexpired term of a representative in congress.

(6)??Convention? means a meeting of delegates of a political party, organized in accordance with the rules and regulations of the political party, held for the purpose of selecting delegates to other political conventions, including national conventions, making nominations for presidential electors, or nominating candidates to fill vacancies in unexpired terms of representatives in congress or held for other political functions not otherwise covered in this code.

(6.5)??Coordinated election? means an election where more than one political subdivision with overlapping boundaries or the same electors holds an election on the same day and the eligible electors are all registered electors, and the county clerk and recorder is the coordinated election official for the political subdivisions.

(7)??County? includes a city and county.

(7.5)??Deliverable mailing address? means the elector's mailing address if different from the elector's address of record as specified in accordance with section 1-2-204(2)(f).

(8)??Designated election official? means the member of a governing board, secretary of the board, county clerk and recorder, or other person designated by the governing body as the person who is responsible for the running of an election.

(9)??District captain? or ?district co-captain? means any registered elector who is a resident of the district, is affiliated with a political party, and is designated or elected pursuant to political party rules of the county.

(9.5)??District office of state concern? means those elective offices, involving congressional districts or unique political subdivisions with territory in more than one county and with their own enabling legislation, as identified by rules of the secretary of state based upon the method for designating candidates for office and responsibility for identification and qualification of candidates.

(9.6)??Driver's license? means any license, temporary instruction permit, or temporary license issued under the laws of this state pertaining to the licensing of persons to operate motor vehicles and any identification card issued under part 4 of article 2 of title 42, C.R.S.

(9.8)??Drop-off location? means a location established for the receipt of mail ballots as specified in section 1-5-102.9(4). ?The term does not include mail ballot boxes maintained at voter service and polling centers pursuant to section 1-5-102.9(3)(l).

(10)??Election official? means any county clerk and recorder, election judge, member of a canvassing board, member of a board of county commissioners, member or secretary of a board of directors authorized to conduct public elections, representative of a governing body, or other person contracting for or engaged in the performance of election duties as required by this code.

(11)??Election records? includes accounting forms, certificates of registration, pollbooks, certificates of election, signature cards, all affidavits, voter applications, other voter lists and records, mail ballot return envelopes, voted ballots, unused ballots, spoiled ballots, and replacement ballots.

(12)??Elector? means a person who is legally qualified to vote in this state. ?The related terms ?eligible elector?, ?registered elector?, and ?taxpaying elector? are separately defined in this section.

(13)??Elector registration information changes? means changes in the name, address, or political affiliation of a registered elector which are allowed by the provisions of this code.

(13.5)??Electromechanical voting system? means a system in which an elector votes using a device for marking a ballot card using ink or another visible substance and the votes are counted with electronic vote-tabulating equipment. ?The term includes a system in which votes are recorded electronically within the equipment on paper tape and are recorded simultaneously on an electronic device that permits tabulation at a counting center. ?As used in part 6 of article 5 of this title, ?electromechanical voting system? shall include a paper-based voting system.

(14)??Electronic vote-tabulating equipment? or ?electronic vote-counting equipment? means any apparatus that examines and records votes automatically and tabulates the result, including but not limited to optical scanning equipment. ?The term includes any apparatus that counts votes electronically and tabulates the results simultaneously on a paper tape within the apparatus, that uses an electronic device to store the tabulation results, and that has the capability to transmit the votes into a central processing unit for purposes of a printout and an official count.

(14.5)??Electronic voting device? means a device by which votes are recorded electronically, including a touchscreen system.

(15.5)??Electronic voting system? means a system in which an elector votes using an electronic voting device.

(16)??Eligible elector? means a person who meets the specific requirements for voting at a specific election or for a specific candidate, ballot question, or ballot issue. ?If no specific provisions are given, an eligible elector shall be a registered elector, as defined in subsection (35) of this section.

(16.5)??Federally accredited laboratory? means a laboratory certified under section 231 of the federal ?Help America Vote Act of 2002?, 52 U.S.C. 20901 et seq., or any successor section.

(17)??General election? means the election held on the Tuesday succeeding the first Monday of November in each even-numbered year.

(18)??Governing body? means a board of county commissioners, a city council, a board of trustees, a board of directors, or any other entity which is responsible for the calling and conducting of an election.

(18.5)??Group residential facility? means a nursing home, a nursing care facility licensed pursuant to part 1 of article 3 of title 25, a home for persons with intellectual and developmental disabilities as defined in section 25.5-10-202, an assisted living residence licensed pursuant to section 25-27-105, or a residential treatment facility for persons with behavioral or mental health disorders.

(19)??Gubernatorial? means and refers to voting in general elections for the office of governor.

(19.5)(a)??Identification? means:

(I)?A valid Colorado driver's license, except a license issued under part 5 of article 2 of title 42, C.R.S.;

(II)?A valid identification card issued by the department of revenue in accordance with the requirements of part 3 of article 2 of title 42, C.R.S.;

(III)?A valid United States passport;

(IV)?A valid employee identification card with a photograph of the eligible elector issued by any branch, department, agency, or entity of the United States government or of this state, or by any county, municipality, board, authority, or other political subdivision of this state;

(V)?A valid pilot's license issued by the federal aviation administration or other authorized agency of the United States;

(VI)?A valid United States military identification card with a photograph of the eligible elector;

(VII)?A copy of a current utility bill, bank statement, government check, paycheck, or other government document that shows the name and address of the elector;

(VIII)?A valid medicare or medicaid card issued by the United States health care financing administration;

(IX)?A certified copy of a birth certificate for the elector issued in the United States;

(X)?Certified documentation of naturalization;

(XI)?A valid student identification card with a photograph of the eligible elector issued by an institution of higher education in Colorado, as defined in section 23-3.1-102(5), C.R.S.;

(XII)?A valid veteran identification card issued by the United States department of veterans affairs veterans health administration with a photograph of the eligible elector; ?or

(XIII)?A valid identification card issued by a federally recognized tribal government certifying tribal membership.

(b)?Any form of identification indicated in paragraph (a) of this subsection (19.5) that shows the address of the eligible elector shall be considered identification only if the address is in the state of Colorado.

(c)?Verification that a voter is a resident of a group residential facility, as defined in subsection (18.5) of this section, shall be considered sufficient identification for the purposes of section 1-7-110(1).

(d)?Verification that a voter is a person committed to the department of human services and confined and eligible to register and vote shall be considered sufficient identification of such person for the purposes of section 1-2-210.5.

(20)??Joint candidates? means the two candidates for the office of governor and the office of lieutenant governor for whom one vote cast at any general election is applicable to both offices.

(22)??Major political party? means any political party that at the last preceding gubernatorial election was represented on the official ballot either by political party candidates or by individual nominees and whose candidate at the last preceding gubernatorial election received at least ten percent of the total gubernatorial votes cast.

(22.5)??Major political party affiliation? means an elector's decision to affiliate with a major political party, as defined in subsection (22) of this section.

(22.7)??Manual count? means a count conducted by hand or by scanning a bar code.

(23)??Minor political party? means a political party other than a major political party that satisfies one of the conditions set forth in section 1-4-1303(1) or has submitted a sufficient petition in accordance with section 1-4-1302.

(23.3)??Nonpartisan election? means an election that is not a partisan election.

(23.4)??Overvote? means the selection by an elector of more names than there are persons to be elected to an office or the designation of more than one answer to a ballot question or ballot issue.

(23.5)??Paper-based voting system? means an electromechanical voting system in which the elector's vote is recorded solely on a paper ballot.

(23.6)??Partisan election? means an election in which the names of the candidates are printed on the ballot along with their affiliation. ?The existence of a partisan election for the state or for a political subdivision as a part of a coordinated election does not cause an otherwise nonpartisan election of another political subdivision to become a partisan election.

(24)??Political organization? means any group of registered electors who, by petition for nomination of an unaffiliated candidate as provided in section 1-4-802, places upon the official general election ballot nominees for public office.

(25)??Political party? means either a major political party or a minor political party.

(26)??Political party district? means an area within a county composed of contiguous whole election precincts, as designated by the political party county chairperson.

(27)??Pollbook? means the list, maintained in the statewide voter registration system created in section 1-2-301, of eligible electors who are permitted to vote at a polling location or by mail ballot in an election conducted under this code.

(27.5)??Polling location? means a polling place or a voter service and polling center, as applicable.

(29)??Population? means population as determined by the latest federal census.

(29.5)??Post office box? means a compartment on the premises of a central mailing location, whether the location is administered by the United States postal service or a commercial mail service entity, in which a patron's incoming mail is held until collected by the patron.

(30)??Precinct? means an area with established boundaries within a political subdivision used to establish election districts.

(31)??Precinct caucus? means a meeting of registered electors of a precinct who are eligible to participate in accordance with the provisions of section 1-3-101, such meeting being organized in accordance with the rules and regulations of the political party.

(31.5)??Presidential election? means an election held on the first Tuesday after the first Monday in November of an even-numbered year in which the names of candidates for president of the United States appear on the ballot.

(32)??Primary election? means the election held on the last Tuesday in June of each even-numbered year.

(33)??Property owners list? means the list furnished by the county assessor in accordance with section 1-5-304 showing each property owner within the subdivision, as shown on a deed or contract of record.

(33.5)??Public assistance? includes, but is not necessarily limited to, assistance provided under the following programs:

(a)?The food stamp program, as provided in part 3 of article 2 of title 26, C.R.S.;

(b)?Programs established pursuant to the ?Colorado Medical Assistance Act?, articles 4, 5, and 6 of title 25.5, C.R.S.;

(c)?The special supplemental food program for women, infants, and children, as provided for in 42 U.S.C. sec. 1786;

(d)?Assistance under the Colorado works program, as described in part 7 of article 2 of title 26, C.R.S.

(34)??Publication? means printing one time, in one newspaper of general circulation in the political subdivision if there is such a newspaper, and, if not, then in a newspaper in the county in which the political subdivision is located. ?For a political subdivision with territory within more than one county, if publication cannot be made in one newspaper of general circulation in the political subdivision, then one publication is required in a newspaper in each county in which the political subdivision is located and in which the political subdivision also has fifty or more eligible electors.

(34.2)??Purchase? means to enter into a contract for the purchase, lease, rental, or other acquisition of voting equipment.

(34.4)??Ranked voting method? means a method of casting and tabulating votes that allows electors to rank the candidates for an office in order of preference and uses these preferences to determine the winner of the election. ??Ranked voting method? includes instant runoff voting and choice voting or proportional voting as described in section 1-7-1003.

(34.5)??Referred measure? includes any ballot question or ballot issue submitted by the general assembly or the governing body of any political subdivision to the eligible electors of the state or political subdivision pursuant to article 40 or 41 of this title.

(35)??Registered elector? means an elector, as defined in subsection (12) of this section, who has complied with the registration provisions of this code and who resides within or is eligible to vote in the jurisdiction of the political subdivision calling the election. ?If any provision of this code requires the signing of any document by a registered elector, the person making the signature shall be deemed to be a registered elector if the person's name and address at the time of signing the document matches the name and address for the person on the registration document at the county clerk and recorder's office, and as it appears on the master elector list on file with the secretary of state.

(37)??Registration list? means the computer list of electors currently registered to vote as furnished and certified by the county clerk and recorder.

(38)??Registration record? means the approved and completed form on which an elector has registered to vote, which includes the original signature of the registrant. ??Registration record? includes a standard-size approved elector registration record to which a nonstandard completed form has been transferred by copy or manual entry.

(39)??Regular biennial school election? means the election held on the first Tuesday in November of each odd-numbered year.

(40)??Regular drainage ditch election? means the election held on the first Tuesday after the first Monday in January of each alternate year.

(41)??Regular regional transportation district election? means the election held concurrently with the state general election in every even-numbered year during which the directors are elected.

<Text of (42) effective until July 1, 2022>

(42)??Regular special district election? means the election on the Tuesday succeeding the first Monday of May in every even-numbered year, held for the purpose of electing members to the board of special districts and for submission of ballot issues, if any.

<Text of (42) effective July 1, 2022>

(42)??Regular special district election? means the election on the Tuesday succeeding the first Monday of May in every odd-numbered year, held for the purpose of electing members to the board of special districts and for submission of ballot issues, if any.

(43)??Residence? means the principal or primary home or place of abode of a person, as set forth in section 1-2-102.

(45)??School district? means a school district organized and existing pursuant to law but does not include a local college district.

(45.5)??Self-affirmation? means a sworn statement made in writing and signed by an individual, as though under oath. ?Any person falsely making a self-affirmation violates section 1-13-104.

(46)??Special election? means any election called by a governing board for submission of ballot issues and other matters, as authorized by their enabling legislation. ?Any governing body may petition a district court judge who has jurisdiction over the political subdivision for permission to hold a special election on a day other than those specified in this subsection (46). ?The district court judge may grant permission only upon a finding that an election on the days specified would be impossible or impracticable or upon a finding that an unforeseeable emergency would require an election on a day other than those specified.

(46.3)??Special legislative election? means an election called by the general assembly pursuant to part 3 of article 11 of this title.

(46.5)??Statewide abstract of votes cast? means the record of the results in each election for candidates, ballot issues, and ballot questions that the secretary of state certified for the ballot.

(46.7)??Statewide voter registration system? means the centralized statewide voter registration system, commonly referred to as ?SCORE?, created in section 1-2-301.

(47)??Supervisor judge? means the election judge appointed by the designated election official to be in charge of the election process at a polling location.

(48)??Taxable property? means real or personal property subject to general ad valorem taxes. ?For all elections and petitions that require ownership of real property or land, ownership of a mobile home or manufactured home, as defined in section 5-1-301(29), 38-12-201.5(2), or 42-1-102(106)(b), C.R.S., is sufficient to qualify as ownership of real property or land for the purpose of voting rights and petitions.

(49)??Taxpaying elector? shall have the same meaning as provided in section 32-1-103(23), C.R.S.

(49.5)??Unaffiliated? means that a person is registered but not affiliated with a political party in accordance with the provisions of section 1-2-204(2)(j).

(49.7)??Undervote? means the failure of an elector to vote on a ballot question or ballot issue, the failure of an elector to vote for any candidate for an office, or the designation by an elector of fewer votes than there are offices to be filled; ?except that it is not an undervote if there are fewer candidates than offices to be filled and the elector designates as many votes as there are candidates.

(50)??Vote recorder? or ?voting device? means any apparatus that the elector uses to record votes by marking a ballot card and that subsequently counts the votes by electronic tabulating equipment or records the votes electronically on a paper tape within the apparatus and simultaneously on an electronic tabulation device.

(50.2)??Voter registration agency? means an office designated in section 1-2-504 to perform voter registration activities.

(50.3)??Voter registration drive? means the distribution and collection of voter registration applications by two or more persons for delivery to a county clerk and recorder.

(50.4)??Voter registration drive organizer? means a person, as defined in section 2-4-401(8), C.R.S., that organizes a voter registration drive in the state.

(50.5)??Voter service and polling center? means a location established for holding elections, other than a polling place, that offers the services described in section 1-5-102.9.

(50.6)(a)??Voter-verified paper record? means an auditable paper record that:

(I)?Is available for the elector to inspect and verify before the vote is cast;

(II)?Is produced contemporaneously with or employed by any voting system;

(III)?Lists the designation of each office, the number or letter of each ballot issue or ballot question, and the elector's choice for each office, ballot issue, or ballot question and indicates any office, ballot issue, or ballot question for which the elector has not made a selection;

(IV)?Is suitable for a manual audit or recount; ?and

(V)?Is capable of being maintained as an election record in accordance with the requirements of section 1-7-802.

(b)?Any paper ballot that lists the title, along with any number, as applicable, of each candidate race, ballot issue, or ballot question, on which the elector has marked his or her choices in such races, issues, or questions shall constitute a voter-verified paper record for purposes of this subsection (50.6).

(50.7)??Voting equipment? means electronic or electromechanical voting systems, electronic voting devices, and electronic vote-tabulating equipment, as well as materials, parts, or other equipment necessary for the operation and maintenance of such systems, devices, and equipment.

(50.8)??Voting system? means a process of casting, recording, and tabulating votes using electromechanical or electronic devices or ballot cards and includes, but is not limited to, the procedures for casting and processing votes and the operating manuals, hardware, firmware, printouts, and software necessary to operate the voting system.

(50.9)??Voting system provider? means an individual engaged in private enterprise or a business entity engaged in selling, leasing, marketing, designing, building, or modifying voting systems to the state, a political subdivision of the state, or another entity authorized to hold an election under this code.

(51)??Watcher? means an eligible elector other than a candidate on the ballot who has been selected by a political party chairperson on behalf of the political party, by a party candidate at a primary election, by an unaffiliated candidate at a general, congressional vacancy, or nonpartisan election, or by a person designated by either the opponents or the proponents in the case of a ballot issue or ballot question. ?If selected by a political party chairperson, a party candidate, or an unaffiliated candidate, the watcher must be affiliated with that political party or unaffiliated as shown in the statewide voter registration system.

Cite this article: FindLaw.com - Colorado Revised Statutes Title 1. Elections § 1-1-104. Definitions - last updated January 01, 2019 | https://codes.findlaw.com/co/title-1-elections/co-rev-st-sect-1-1-104.html


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