Colorado § 1-12-114 - Mail ballots - plan required - voter service and polling centers - number required - definition.

§ 1-12-114. Mail ballots - plan required - voter service and polling centers - number required - definition.

(1) (a) Notwithstanding section 1-7.5-105, as soon as practicable after the date that the designated election official certifies the recall question to the ballot under section 1-12-111, any county clerk and recorder administering a recall election shall submit to the secretary of state, for approval within three business days after receipt, a proposed election plan that includes all information required by section 1-7.5-105. If the secretary of state does not provide written notice of approval or disapproval of the plan within three business days, the plan is deemed approved.

(b) The secretary of state may disapprove an election plan submitted under subsection (1)(a) of this section using only the same standards used to evaluate and approve of election plans transmitted under section 1-7.5-105.

(2) Notwithstanding any provision of this code:

(a) The designated election official conducting the recall election shall designate the office of the county clerk and recorder or other suitable location to provide a mail ballot or replacement ballot to a registered elector requesting the ballot at the office of the county clerk and recorder or other designated location from the twenty-second day prior to the final day of voting in such election through that final day of voting; and

(b) Not earlier than the twenty-ninth day or later than the twenty-fifth day before the election, the designated election official shall mail ballots to all active registered electors.

(3) (a) There must be one voter service and polling center for each thirty thousand active registered electors in the district of the incumbent sought to be recalled; except that any such district must have at least one voter service and polling center, and each district that spans more than one county must operate one voter service and polling center within the boundaries of each county. Each voter service and polling center must be open from the eighth day prior to the final day of voting in the recall election through the final day. Each voter service and polling center required by this section must be open for eight hours Monday through Friday, four hours on Saturday, and need not be open on Sunday. On the final day of voting, each voter service and polling center required by this section must be open from 7 a.m. to 7 p.m.

(b) When a recall election is combined with a general election in even years pursuant to article XXI of the state constitution and section 1-12-111, the number and days of operation of voter service and polling centers and the manner of voting for the recall as part of said general election are the same as those prescribed under section 1-5-102.9. When a recall election is combined with a general election in odd years pursuant to article XXI of the state constitution and section 1-12-111, the number and days of operation of voter service and polling centers and the manner of voting for the recall as part of said general election are the same as those prescribed under section 1-7.5-107.

(4) As used in this section, and for purposes of article XXI of the state constitution, "part of said general election" means the inclusion of the questions of both the recall of an incumbent and the election of the incumbent's successor on mail ballots that are sent by mail, available at voter service and polling centers, or otherwise delivered to an elector as permitted by law, from the date for holding the election through the last day of voting in a general election. Notwithstanding this definition, to maximize participation of voters covered by the federal "Uniformed and Overseas Citizens Absentee Voting Act", 52 U.S.C. sec. 20301 et seq., all candidate races, ballot issues, and ballot questions that a covered voter is eligible to vote on must be included on the ballots required to be sent pursuant to that act, and recall-related ballot questions must be sent separately on ballots that adhere to the deadlines set forth in this section.

Source: L. 92: Entire article R&RE, p. 796, § 15, effective January 1, 1993. L. 95: Entire section amended, p. 849, § 74, effective July 1. L. 2007: Entire section amended, p. 1796, § 64, effective June 1. L. 2012: Entire section amended, (HB 12-1293), ch. 236, p. 1046, § 14, effective May 29. L. 2013: Entire section repealed, (HB 13-1303), ch. 185, p. 752, § 138, effective May 10. L. 2014: Entire section RC&RE, (SB 14-158), ch. 170, p. 619, § 7, effective May 9. L. 2016: (4) amended, (SB 16-142), ch. 173, p. 587, § 65, effective May 18. L. 2019: (1) and (2)(b) amended, (HB 19-1278), ch. 326, p. 3035, § 48, effective August 2. L. 2021: Entire section amended, (SB 21-250), ch. 282, p. 1663, § 61, effective June 21. L. 2026: (2)(b) amended, (HB 26-1113), ch. 267, p. 1513, § 57, effective June 1.

Cross references: (1) In 2013, this section was 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 legislative declaration in SB 14-158, see section 1 of chapter 170, Session Laws of Colorado 2014.

(3) For the short title ("Colorado Votes Act") in HB 19-1278, see section 1 of chapter 326, Session Laws of Colorado 2019.