Colorado § 22-31-101 - Definitions.

§ 22-31-101. Definitions.

As used in this article, unless the context otherwise requires:

(1) "Eligible elector" means a person who is registered to vote in accordance with articles 1 to 13 of title 1, C.R.S., and is a resident of the school district in which the elector intends to vote.

(1.5) "Electronic vote-tabulating equipment" or "electronic vote-counting equipment" includes any apparatus necessary to automatically examine and count votes as designated on ballot cards and tabulate the result.

(1.7) "Electronic voting equipment" or a "punch card electronic voting system" means a method in which votes are recorded on ballot cards by means of marking or punching, and such votes are subsequently counted and tabulated by electronic vote-tabulating equipment at one or more counting centers.

(2) "Pollbook" means the list of eligible electors to whom ballots are delivered or who are permitted to enter a voting machine booth for the purpose of casting their votes at a school election called under this article.

(3) "Registered elector" means an elector who has complied with the registration provisions of article 2 of title 1, C.R.S., and who resides within the jurisdiction of the school district calling the election.

(4) "Registration list" means the computer list of registered electors of each school election precinct prepared by the county clerk and recorder from the county registration books in accordance with section 1-5-303, C.R.S.

(5) "Regular biennial school election" means the election in a school district held at the time specified in section 22-31-104.

(6) "School enrollment" means the end-of-year enrollment reported by the secretary of the board of education to the department of education for the school year preceding the school year in which the election is held.

(7) "Special school election" means any school election provided for by law and held at a time other than the regular biennial school election.

(7.5) and (8) (Deleted by amendment, L. 92, p. 811, § 31, effective January 1, 1993.)

Source: L. 64: p. 592, § 1. C.R.S. 1963: § 123-31-1. L. 70: p. 178, § 25. L. 71: pp. 563, 564, 1151, §§ 46, 50, 9. L. 73: p. 594, § 57. L. 74: (5) R&RE, p. 369, § 1, effective March 21. L. 75: (9) to (11) added, p. 686, § 3, effective July 1. L. 87: (1) and (3) amended, p. 310, § 36, effective July 1. L. 90: (5) amended, p. 1050, § 1, effective April 12. L. 92: Entire article amended, p. 811, § 31, effective January 1, 1993. L. 2014: (1) amended, (HB 14-1164), ch. 2, p. 57, § 7, effective February 18.

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

ANNOTATION

United States citizenship requirements for voters are constitutional. The state's United States citizenship requirements for voting in a school district election do not contravene the equal protection clause of the fourteenth amendment. Skafte v. Rorex, 191 Colo. 399, 553 P.2d 830 (1976).

The state has a rational interest in limiting participation in government to those persons within the political community. Aliens are not a part of the political community. Skafte v. Rorex, 191 Colo. 399, 553 P.2d 830 (1976).

This section and § 22-31-106, prohibiting permanent resident aliens from voting in school district elections, do not purport to be concerned with prohibiting from voting persons with some common trait, which trait is conclusively presumed from the status of alienage. Instead, the statutes only purport to exclude aliens from voting. Thus, they do not create a conclusive presumption. Skafte v. Rorex, 191 Colo. 399, 553 P.2d 830 (1976).

The prohibition against voting placed upon resident aliens does not create a conclusive presumption in violation of the due process clause of the fourteenth amendment since there is no fact presumed from the status of alienage; rather, the general assembly intended to prohibit aliens from voting, and the classification exactly achieves that purpose. Skafte v. Rorex, 191 Colo. 399, 553 P.2d 830 (1976).

This section and § 22-31-106 are not invalid under the supremacy clause. Skafte v. Rorex, 191 Colo. 399, 553 P.2d 830 (1976).