Colorado § 1-7.5-107.2 - Manner of early voting - securing ballots cast during early voting.

§ 1-7.5-107.2. Manner of early voting - securing ballots cast during early voting.

(1) An eligible elector who receives a mail ballot may cast the ballot at a voter service and polling center prior to election day. Ballot boxes must be locked and sealed each night with a numbered seal under the supervision of the election judges or watchers, and the designated election official shall retain possession of the keys until he or she transfers the same to the counting place pursuant to section 1-7.5-203 for preparation to count and tabulate. When a seal is broken, the designated election official and a person who is not of the same political party as the designated election official shall record the number of the seal and maintain the seal along with an explanation of the reasons for breaking the seal.

(2) (a) Except as provided in paragraph (b) of this subsection (2), the voting machines, electronic voting machines, or ballot boxes must remain locked and secured with a numbered seal, and the tabulation of the votes cast must remain unknown until the time prescribed in section 1-7.5-202 for counting voters' ballots. Alternatively, except for electronic voting equipment and mail ballot boxes, the ballot boxes must be opened each night, and the voted ballots must be placed in a transfer case that is locked and secured with a numbered seal. A record must be maintained consisting of the date and seal number of each ballot box and transfer case until each ballot box and transfer case is transferred pursuant to section 1-7.5-203 for preparation for counting and tabulating. When a seal is broken, the designated election official and a person who is not of the same political party as the designated election official shall record the number of the seal and maintain the seal along with an explanation of the reasons for breaking the seal. During the time the voter service and polling center is not open, the designated election official shall have the custody and keys of any voting machine or electronic voting equipment being used for the casting of ballots.

(b) The designated election official shall place in a locked and secured location all direct record electronic voting machine cartridges that record votes cast on such voting machines. The tabulation of votes cast and recorded on such cartridges must remain unknown until the time prescribed in section 1-7.5-202 for counting ballots.

Source: L. 2013: Entire section added, (HB 13-1303), ch. 185, p. 732, § 87, effective May 10.

Cross references: In 2013, this section was added 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.