Colorado § 1-10-101 - Canvass board for partisan elections - appointment, fees, oaths.

§ 1-10-101. Canvass board for partisan elections - appointment, fees, oaths.

(1) (a) At least fifteen days before any primary, general, congressional vacancy, or special legislative election, the county chairpersons of each of the two major political parties in each county shall certify to the county clerk and recorder, in the manner prescribed by such clerk and recorder, the appointment of one or more registered electors to serve as a member of the county canvass board. The appointees, together with the county clerk and recorder, constitute the county canvass board. Each minor political party whose candidate is on the ballot and each unaffiliated candidate whose name is on the ballot in such election may designate, in the manner prescribed by such clerk and recorder, one watcher to observe the work of the county canvass board.

(b) If for any reason an appointee to the county canvass board refuses, fails, or is unable to serve, the appointee shall notify the county clerk and recorder. The county clerk and recorder, by the speediest and most convenient method, shall notify the county chairperson of the political party to which the appointee belongs. The county chairperson shall forthwith appoint another person to the county canvass board. If the political party has no county chairperson or vice-chairperson or if a vacancy in the appointment occurs on the date of the meeting of the county canvass board so that there can be no specific compliance with the provisions of this section, the county clerk and recorder shall make the appointment or shall fill the vacancy as nearly in compliance with the intention of this section as possible.

(2) Each canvass board appointee shall receive a minimum fee of fifteen dollars for each day of service. The fee shall be set by the county clerk and recorder and shall be paid by the county for which the service is performed.

(3) Prior to assuming their duties, the members of the canvass board shall swear or affirm the following: "I, ...................., do solemnly swear (or affirm) that I am a registered elector in the county of ....................; that I am a registered member of the .............. party as shown in the statewide voter registration system; and that I will faithfully perform the duties required of a member of the county canvass board."

(4) Any individual serving on a canvass board pursuant to this article is immune from liability in any proceeding that is based on an act or omission of the individual if:

(a) He or she was acting in good faith and within the scope of his or her official functions or duties as specified in this article; and

(b) The violation was not caused by willful or intentional misconduct on the part of the individual.

Source: L. 92: Entire article R&RE, p. 775, § 13, effective January 1, 1993. L. 99: (1)(a) amended, p. 1390, § 11, effective June 4; entire section amended, p. 478, § 2, effective July 1. L. 2002: (1)(a) amended, p. 1638, § 25, effective June 7. L. 2014: (4) added, (SB 14-161), ch. 160, p. 566, § 25, effective May 9. L. 2016: (3) amended, (SB 16-142), ch. 173, p. 586, § 60, effective May 18. L. 2021: (3) amended, (SB 21-250), ch. 282, p. 1652, § 47, effective June 21.

Editor's note: (1) This section is similar to former § 1-10-101 as it existed prior to 1992.

(2) Amendments to subsection (1)(a) by House Bill 99-1160 and House Bill 99-1097 were harmonized.

ANNOTATION

Canvassing in charter convention elections for home rule cities. Pursuant to art. XX, Colo. Const., governing home rule cities and providing for the election of members of a charter convention, it is the duty of the clerk of said city and county, to canvass the returns of an election for members of such charter convention and to issue certificates of election to the members elected. McMurray v. Wright, 19 Colo. App. 17, 73 P. 257 (1903) (decided under former law).