Colorado § 1-8.3-113 - Transmission and receipt of ballot.

§ 1-8.3-113. Transmission and receipt of ballot.

(1) A covered voter who requested and received ballot materials by electronic transmission may also return the ballot by electronic transmission:

(a) In circumstances where another more secure method, such as returning the ballot by mail, is not available or feasible, as specified in rules promulgated by the secretary of state; or

(b) If the ballot is for a recall election conducted under article 12 of this code.

(2) A valid ballot cast in accordance with section 1-8.3-111 shall be counted if it is received by the close of business on the eighth day after an election at the address that the appropriate state or local election office has specified.

(3) If, at the time of completing a ballot and balloting materials, the voter has declared under penalty of perjury that the ballot was timely submitted, the ballot shall not be rejected as late.

Source: L. 2011: Entire article added, (HB 11-1219), ch. 176, p. 670, § 1, effective May 13. L. 2014: (1) amended, (SB 14-158), ch. 170, p. 622, § 13, effective May 9.

Cross references: For the legislative declaration in SB 14-158, see section 1 of chapter 170, Session Laws of Colorado 2014.

OFFICIAL COMMENT

The language in subsection (2) is intended to capture the deadline for the event when local election officials complete or certify their official counting of ballots, by whatever name that event is known in the state. Even those ballots of overseas and military voters that arrive after election day can and must be included in these official results if local election officials have received them by the day before the deadline for this event, giving local election officials that day to process them before making their return or certification.

The act precludes rejecting a military-overseas ballot for lack of a postmark (or for a late postmark) in light of the fact that many pieces of military mail enter the postal system through delivery to a mail clerk in a remote location without a postmark, and are only postmarked some days later when they reach a more established facility.