Colorado § 1-8.5-105 - Verification of provisional ballot information - counting procedure.

§ 1-8.5-105. Verification of provisional ballot information - counting procedure.

(1) In accordance with this section and using the procedures and databases prescribed by the secretary of state by rules promulgated in accordance with article 4 of title 24, C.R.S., the designated election official shall attempt to verify that an elector who cast a provisional ballot is eligible to vote. The designated election official or designee shall complete the preliminary verification of the elector's eligibility to vote before the ballot is counted in accordance with subsection (4) of this section.

(2) If the elector signs but does not fill in all the information requested on the provisional ballot affidavit, the ballot shall be counted only if the designated election official is able to determine that the elector was eligible to vote in the precinct and county.

(3) (a) If a provisional ballot affidavit is not signed, the designated election official shall send a letter to the elector within three days after the signature deficiency has been confirmed, but in no event later than two days after the election, informing the elector that the affidavit was not signed and that the provisional ballot cannot be counted unless the affidavit is signed. The letter shall state that the elector may come to the office of the county clerk and recorder to sign the provisional ballot affidavit no later than eight days after the election.

(b) If the elector does not sign the provisional ballot affidavit after receiving notice pursuant to paragraph (a) of this subsection (3), the provisional ballot shall not be counted.

(c) The designated election official shall retain a copy of the letter sent pursuant to paragraph (a) of this subsection (3).

(4) The designated election official shall determine the time for the verification and counting of provisional ballots to begin in accordance with rules promulgated by the secretary of state. A board appointed by the designated election official shall count all verified provisional ballots in accordance with the procedure prescribed by the designated election official in accordance with this title and the election rules of the secretary of state.

(5) The designated election official shall complete the verification and counting of all provisional ballots within nine days after a primary, general, odd-year, or coordinated election, or within an alternate period of time, if necessary, as designated by the secretary of state. The designated election official shall count all regular ballots cast in an election before counting any provisional ballots.

Source: L. 2005: Entire article added, p. 1416, § 39, effective June 6; entire article added, p. 1451, § 39, effective June 6. L. 2006: (1) and (4) amended, p. 2034, § 18, effective June 6. L. 2007: (5) amended, p. 1795, § 55, effective June 1. L. 2009: (3)(a) amended, (HB 09-1337), ch. 262, p. 1203, § 6, effective August 5. L. 2013: (5) amended, (HB 13-1303), ch. 185, p. 745, § 109, effective May 10. L. 2018: (5) amended, (SB 18-233), ch. 262, p. 1615, § 32, effective May 29.

Cross references: In 2013, subsection (5) 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.