Colorado § 1-7.5-115 - Emergency voting - replacement ballots - electronic transfer - rules - definition.

§ 1-7.5-115. Emergency voting - replacement ballots - electronic transfer - rules - definition.

(1) (a) (I) An elector may request a replacement ballot by submitting a personally signed, written statement to the county clerk and recorder or designated election official when one of the following applies:

(A) On election day, the eligible elector is confined in a hospital or place of residence;

(B) On election day, the eligible elector's immediate family related to the second degree by blood, adoption, marriage, or civil union partnership is confined in a hospital or place of residence and requires the eligible elector's care or constant presence;

(C) On election day, the elector is a member of a religion that forbids secular activity;

(D) On election day, the elector is employed as a first responder, member of law enforcement, or health care worker and is unable to leave the station, post, or place of employment or is unable to return to the elector's home county; or

(E) Eight or fewer days before the last day of the election, the elector is unable to vote in person due to emergency conditions such as a natural disaster.

(II) Upon receipt of a written statement pursuant to subsection (1)(a)(I) of this section, the county clerk and recorder or designated election official shall provide the replacement ballot at the office of the county clerk and recorder or designated election official during the regular business hours of the office to any authorized representative of the elector.

(III) The authorized representative of the elector shall acknowledge receipt of the replacement ballot with a signature, name, and address of residence.

(IV) As used in this subsection (1)(a), unless the context otherwise requires, "authorized representative" means a person who possesses a written statement from the elector containing the elector's signature, name, and address of residence, indicating that the elector is unable to vote in person after the last day to mail a ballot, and requesting that the replacement ballot be given to the authorized person as identified by name and address of residence.

(b) A replacement ballot under this section must be returned no later than 7 p.m. on the day of the election.

(c) If the eligible elector is unable to have an authorized representative pick up the ballot at the office of the county clerk and recorder or designated election official and deliver it to the eligible elector, the designated election official shall deliver a replacement ballot to the eligible elector by electronic transfer in accordance with the rules of the secretary of state. If the replacement ballot is delivered to the eligible elector by electronic transfer, the eligible elector may return the ballot by electronic transfer as set forth in subsection (4) of this section.

(2) Except as otherwise provided in subsection (4) of this section, after marking the replacement ballot, the eligible elector shall place it in a return envelope provided by the county clerk and recorder or designated election official. The elector shall then fill out and sign the self-affirmation on the envelope, as provided in section 1-7.5-107, on or before election day and return it to the office of the county clerk and recorder or designated election official. Upon receipt of the envelope, the county clerk and recorder or designated election official shall verify the elector's name on the return envelope and shall deposit the envelope in the office in a ballot box that is locked and secured with a numbered seal.

(3) If, following the procedure set forth in this section, the county clerk and recorder or designated election official is unable to provide a replacement ballot to an elector, the county clerk and recorder or designated election official shall provide a replacement ballot to the elector by electronic transfer in accordance with the election rules of the secretary of state. If the replacement ballot is delivered to the eligible elector by electronic transfer, the eligible elector may return the ballot by electronic transfer as set forth in subsection (4) of this section.

(4) (a) If a replacement ballot is delivered to an eligible elector by electronic transfer pursuant to paragraph (c) of subsection (1) of this section or subsection (3) of this section, the eligible elector may return the voted ballot to the county clerk and recorder or designated election official by electronic transfer. In order to be counted, the returned ballot must be received in the office of the county clerk and recorder or designated election official by 7 p.m. on election day. Once the ballot is received, a bipartisan team of judges shall duplicate the ballot, and the ballot shall be counted in the same manner as all other mail ballots. Such judges shall not reveal how the elector has cast his or her ballot.

(b) Any elector who receives a replacement ballot by electronic transfer pursuant to paragraph (c) of subsection (1) of this section or subsection (3) of this section shall be informed in the instructions for completing the ballot that, if the ballot is returned by electronic transfer, the ballot will not be a confidential ballot.

(c) In handling a returned replacement ballot pursuant to this subsection (4), all reasonable means shall be taken to ensure that only the judges are aware of information connecting the elector to the returned ballot.

(d) The secretary of state may prescribe by rule any procedures or requirements as may be necessary to implement this subsection (4). The rules must be promulgated in accordance with article 4 of title 24, C.R.S.

Source: L. 2013: Entire section added, (HB 13-1303), ch. 185, p. 734, § 91, effective May 10. L. 2014: (1)(a) amended, (SB 14-161), ch. 160, p. 564, § 19, effective May 9. L. 2024: (1)(a) R&RE and (1)(b) amended, (SB 24-210), ch. 468, p. 3255, § 39, effective June 6.

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.