Colorado § 1-7-116 - Coordinated elections - definition.

§ 1-7-116. Coordinated elections - definition.

(1) (a) If more than one political subdivision holds an election on the same day in November and the eligible electors for each such election are the same or the boundaries overlap, the county clerk and recorder is the coordinated election official and, pursuant to section 1-5-401, shall conduct the elections on behalf of all political subdivisions whose elections are part of the coordinated election, utilizing the mail ballot procedure set forth in article 7.5 of this title. As used in this subsection (1), "political subdivision" includes the state, counties, municipalities, school districts, and special districts formed pursuant to title 32, C.R.S.

(b) Paragraph (a) of this subsection (1) does not apply to any political subdivision that conducts a mail ballot election or an independent mail ballot election, as defined in section 1-13.5-1102, using mail ballot procedures set forth in article 7.5 or 13.5 of this title or the "Colorado Municipal Election Code of 1965", article 10 of title 31, C.R.S., as appropriate. As used in this paragraph (b), "political subdivision" means a municipality as defined in section 31-1-101, C.R.S., or a special district as defined in section 1-13.5-103.

(c) A county clerk and recorder is not required to conduct any election using the procedures set forth in article 13.5 of this title.

(d) On and after January 1, 2023, a statutory city or town or home rule municipality may refer a municipal election using instant runoff voting to be conducted as part of a coordinated election in accordance with section 1-7-118. If required by section 1-7-118, a county clerk and recorder shall conduct the election on behalf of the municipality as part of the coordinated election in accordance with this section and section 1-7-118. Failure to receive the notice required by section 1-7-118 in a timely manner does not prohibit the county clerk and recorder from entering into and performing an intergovernmental agreement to conduct the instant runoff voting election as part of the coordinated election.

(2) The political subdivisions for which the county clerk and recorder will conduct the coordinated election shall enter into an agreement with the county clerk and recorder for the county or counties in which the political subdivision is located concerning the conduct of the coordinated election. The agreement shall be signed no later than seventy days prior to the scheduled election. The agreement shall include but not be limited to the following:

(a) Allocation of the responsibilities between the county clerk and recorder and the political subdivisions for the preparation and conduct of the coordinated election; and

(b) Provision for a reasonable sharing of the actual cost of the coordinated election among the county and the political subdivisions. For such purpose, political subdivisions are not responsible for sharing any portion of the usual costs of maintaining the office of the county clerk and recorder, including but not limited to overhead costs and personal services costs of permanent employees, except for such costs that are shown to be directly attributable to conducting coordinated elections on behalf of political subdivisions. Notwithstanding any other provision of this section, the state's share of the actual costs of the coordinated election shall be governed by the provisions of section 1-5-505.5.

(2.5) Notwithstanding any other provision of this section, the scientific and cultural facilities district's share of the actual costs of the coordinated election shall be governed by the provisions of section 32-13-107 (5), C.R.S.

(3) Notwithstanding the provision for independent mail ballot elections in subsection (1) of this section, the ballot issue notice shall be prepared and mailed in substantial compliance with part 9 of this article 7, and the preparation and mailing thereof shall be made pursuant to an agreement as provided in subsection (2) of this section. An agreement under this subsection (3) may allow the political subdivision to prepare and mail a separate notice.

(4) (Deleted by amendment, L. 94, p. 1163, § 36, effective July 1, 1994.)

(5) If, by one hundred days before the election, a political subdivision has taken formal action to participate in an election that will be coordinated by the county clerk and recorder, the political subdivision shall notify the county clerk and recorder in writing. Failure to receive such notice in a timely manner does not prohibit the county clerk and recorder from entering into and performing an intergovernmental agreement to conduct the coordinated election on behalf of the political subdivision.

Source: L. 92: Entire article R&RE, p. 737, § 9, effective January 1, 1993. L. 93: Entire section amended, p. 1419, § 71, effective July 1. L. 94: (1), (2)(b), and (4) amended, p. 1163, § 36, effective July 1. L. 96: (3) amended, p. 1746, § 42, effective July 1. L. 99: IP(2) amended and (5) added, p. 774, § 50, effective May 20. L. 2000: (2)(b) amended, p. 656, § 3, effective August 2. L. 2001: (5) amended, p. 1003, § 9, effective August 8. L. 2005: IP(2) amended, p. 1404, § 26, effective June 6; IP(2) amended, p. 1439, § 26, effective June 6. L. 2006: (2.5) added, p. 1779, § 1, effective June 6. L. 2013: (1) amended, (HB 13-1303), ch. 185, p. 720, § 65, effective May 10. L. 2014: (1) and (5) amended, (HB 14-1164), ch. 2, p. 4, § 3, effective February 18. L. 2019: (3) amended, (HB 19-1278), ch. 326, p. 3028, § 37, effective August 2. L. 2021: (1)(d) added, (HB 21-1071), ch. 367, p. 2418, § 9, effective July 1, 2022. L. 2023: (2)(b) amended, (SB 23-276), ch. 399, p. 2384, § 27, effective July 1, 2024.

Cross references: (1) In 2013, this section was amended 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 HB 14-1164, see section 1 of chapter 2, 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.