Colorado § 1-4-304 - Presidential electors.

§ 1-4-304. Presidential electors.

(1) The presidential electors shall convene at the capital of the state, in the office of the governor at the capitol building, on the first Tuesday after the second Wednesday in the first December following their election at the hour of 12 noon and take the oath required by law for presidential electors; except that the presidential electors may convene at a different location designated by the governor if the governor determines that it is not feasible to meet in the office of the governor at the capitol building. If any vacancy occurs in the office of a presidential elector because of death, refusal to act, absence, or other cause, the presidential electors present shall immediately proceed to fill the vacancy in the electoral college. When all vacancies have been filled, the presidential electors shall proceed to perform the duties required of them by the constitution and laws of the United States. The vote for president and vice president shall be taken by open ballot.

(2) The secretary of state shall give notice in writing to each of the presidential electors of the time and place of the meeting at least ten days prior to the meeting; except that if the governor determines that it is not feasible to meet in the office of the governor at the capitol building, the secretary of state shall give notice as early as possible.

(3) The secretary of state shall provide the presidential electors with the necessary blanks, forms, certificates, or other papers or documents required to enable them to properly perform their duties and shall sign the certificate of votes made by the electors.

(4) If desired, the presidential electors may have the advice of the attorney general of the state in regard to their official duties.

(5) (a) Each presidential elector shall vote for the presidential candidate and, by separate ballot, vice-presidential candidate who received the highest number of votes at the preceding general election in the state.

(b) If a presidential candidate or vice-presidential candidate nominated by a political party dies or withdraws as a candidate for that office in accordance with the rules of the political party after accepting nomination but prior to the meeting of presidential electors pursuant to this section, an elector's vote pursuant to subsection (5)(a) of this section for such presidential candidate or vice-presidential candidate refers to the successor candidate nominated by the political party in accordance with the rules of the political party. Any vote for a successor candidate pursuant to this subsection (5)(b) is not a violation of section 1-13-725.

Source: L. 80: Entire article R&RE, p. 324, § 1, effective January 1, 1981. L. 92: Entire part amended, p. 675, § 4, effective January 1, 1993. L. 2001: (5) amended, p. 1002, § 3, effective August 8. L. 2023: (1) and (3) amended, (SB 23-276), ch. 399, p. 2376, § 9, effective June 6. L. 2024: (1) and (2) amended, (SB 24-210), ch. 468, p. 3243, § 8, effective June 6. L. 2026: (5) amended, (HB 26-1113), ch. 267, p. 1491, § 15, effective June 1.

Editor's note: This section is similar to former § 1-17-101 as it existed prior to 1980.

ANNOTATION

A presidential elector asserted a personal injury sufficient to meet the federal article III standing requirement for retrospective relief based on the elector's removal from an office to which the elector was entitled and the cancellation of the elector's vote. Baca v. Colo. Dept. of State, 935 F.3d 887 (10th Cir. 2019).

Presidential electors who claim injury based on their official roles as electors and on threats made against all of the state's electors allege a general diminution of the power of the office, which is not sufficient to meet the personal injury-in-fact requirement of standing. Baca v. Colo. Dept. of State, 935 F.3d 887 (10th Cir. 2019).