Colorado § 1-8.3-108 - Methods of applying for ballot - definition.

§ 1-8.3-108. Methods of applying for ballot - definition.

(1) Repealed.

(2) A covered voter who is not registered to vote in this state may use a federal postcard application or the application's electronic equivalent to apply simultaneously to register to vote under section 1-8.3-107 and for a ballot.

(3) The secretary of state shall ensure that the electronic transmission system described in section 1-8.3-104 (3) is capable of accepting the submission of both a federal postcard application and any other approved electronic ballot application sent to the appropriate election official. The voter may use the electronic transmission system or any other approved method to apply for a military-overseas ballot.

(4) A covered voter may use the declaration accompanying a federal write-in absentee ballot as an application for a ballot simultaneously with the submission of the federal write-in absentee ballot.

(5) To receive the benefits of this article, a covered voter shall inform the appropriate election official that the voter is a covered voter. Methods of informing the appropriate election official that a voter is a covered voter include:

(a) The use of a federal postcard application or federal write-in absentee ballot;

(b) The use of an overseas address on an approved voter registration application or ballot application; and

(c) The inclusion on an approved voter registration application or ballot application of other information sufficient to identify the voter as a covered voter.

(6) This article does not preclude a covered voter from voting under article 7.5 or 8 of this title.

(7) (a) Notwithstanding any other provision of this section, a covered voter in a hostile fire zone may provide to an officer, either verbally or in writing, the information required for the covered voter to apply for a ballot, and the officer may submit an application for a ballot on behalf of the covered voter. A county clerk and recorder shall accept an unsigned federal postcard application or an unsigned letter of application for a ballot that meets the requirements of this section if the officer submits with the application a signed statement that the covered voter in a hostile fire zone provided to the officer, either verbally or in writing, the information required to apply for a ballot.

(b) As used in this subsection (7), "covered voter in a hostile fire zone" means a covered voter, as that term is defined in section 1-8.3-102 (2)(a), who is located in an area that is designated as a hostile fire zone by the United States secretary of defense at the time he or she makes the request for a ballot.

Source: L. 2011: Entire article added, (HB 11-1219), ch. 176, p. 668, § 1, effective May 13. L. 2012: (7) added, (SB 12-062), ch. 97, p. 327, § 3, effective April 12. L. 2014: (1) amended, (HB 14-1164), ch. 2, p. 73, § 40, effective February 18; (4) amended, (SB 14-161), ch. 160, p. 565, § 22, effective May 9. L. 2016: (1) repealed, (SB 16-142), ch. 173, p. 593, § 82, effective May 18.

Cross references: For the legislative declaration in HB 14-1164, see section 1 of chapter 2, Session Laws of Colorado 2014.

OFFICIAL COMMENT

The reference in subsection (1) to the voter's "jurisdiction" is a reference to the place where the voter is registered to vote. Both this section and section 1-8.3-107 are designed to encourage the use of the federal postcard application while yet allowing military and overseas voters to use a state's pre-existing voter forms, and to permit states to develop alternative forms if they wish. However, the sections are not intended to require states or local election jurisdictions to revise their existing forms, or to prepare new forms for voters covered under this act. Instead, to the extent that a state's existing forms do not collect sufficient information to properly classify overseas and military voters, subsection (5) requires voters who use the state forms to affirmatively indicate their status as a covered voter. The language in subsection (4) mirrors language in the first sentence of section 1-8.3-109, and allows covered voters in states with an existing absentee ballot application deadline that is closer than five days before election day to take advantage of that later deadline.