Colorado § 1-7-111 - Electors requiring assistance.

§ 1-7-111. Electors requiring assistance.

(1) (a) If at any election, any registered elector declares to the election judges that, by reason of disability, inability to read or write, or difficulties with the English language, he or she is unable to prepare the ballot or operate the voting device or electronic voting device without assistance, the elector is entitled, upon making a request, to receive the assistance of any one of the election judges or, at the elector's option, any person selected by the eligible elector requiring assistance.

(b) Any person other than an election judge who assists an eligible elector in the precinct in casting his or her ballot shall first complete the following voter assistance self-affirmation form: "I, ...................., certify that I am the individual chosen by the elector to assist the elector in casting a ballot. I further certify that I will not in any way attempt to persuade or induce the elector to vote in a particular manner, nor will I cast the elector's vote other than as directed by the elector I am assisting.".

(2) and (3) Repealed.

Source: L. 92: Entire article R&RE, p. 735, § 9, effective January 1, 1993. L. 93: Entire section amended, p. 1417, § 68, effective July 1. L. 96: (2) amended, p. 1773, § 78, effective July 1. L. 2000: (1) amended, p. 1086, § 2, effective May 26. L. 2004: (1)(a) amended, p. 1358, § 17, effective May 28. L. 2007: (2) amended, p. 1779, § 15, effective June 1. L. 2012: (1)(a) and (1)(b) amended, (HB 12-1292), ch. 181, p. 684, § 26, effective May 17. L. 2013: (2) amended and (3) repealed, (HB 13-1303), ch. 185, p. 719, § 64, effective May 10. L. 2014: (1)(a) and (1)(b) amended and (2) repealed, (SB 14-161), ch. 160, p. 562, § 14, effective May 9.

Editor's note: This section is similar to former § 1-7-108 as it existed prior to 1992.

Cross references: (1) For disclosing or identifying vote, see § 1-13-712.

(2) For the legislative declaration contained in the 2004 act amending subsection (1)(a), see section 1 of chapter 334, Session Laws of Colorado 2004.

(3) In 2013, subsection (2) was amended and subsection (3) was repealed by the "Voter Access and Modernized Elections Act".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.

ANNOTATION

Annotator's note. The following annotations include cases under former provisions similar to this section.

Election returns should be rejected where unauthorized persons were permitted to enter the voting booths with voters to assist them in marking their ballots when no assistance was asked for and no oath of the voter that he needed or desired assistance. People v. Lindsey, 80 Colo. 465, 253 P. 465 (1927).

Person not an election judge may assist. Where a verified statement of contest alleges, as ground for contesting a vote, that the election judges permitted a person who was not an election judge to assist the voter in marking his ballot, the guidelines for assistance of a disabled voter are controlling and the vote is not open to the objection that the voter had been assisted by a person not an election judge. Israel v. Wood, 98 Colo. 495, 56 P.2d 1324 (1936).