Colorado § 24-21-104.5 - General fund appropriation - cash fund appropriation - elections - legislative intent.

§ 24-21-104.5. General fund appropriation - cash fund appropriation - elections - legislative intent.

(1) The general assembly is authorized to appropriate money from the department of state cash fund to the department of state to cover the costs of the local county clerk and recorders relating to the conduct of presidential primary elections, general elections, and November odd-year elections. If the amount of money in the department of state cash fund is insufficient to cover such costs, the general assembly may appropriate additional general fund money to cover such costs after exhausting all money in the department of state cash fund. The intent of the general assembly is to authorize the appropriation of department of state cash fund money and general fund money to the department of state to offset some of the costs of local county clerk and recorders associated with the additional election duties and requirements resulting from the preparation and conduct of presidential primary elections and from the passage of section 20 of article X of the state constitution and from the increased number of initiatives that are being filed.

(2) For a presidential primary election, as defined in section 1-4-1202 (2), the general assembly shall appropriate money from the general fund to cover the costs of the election incurred by the state arising from the preparation and conduct of a presidential primary election in accordance with part 12 of article 4 of title 1. In addition, by means of an appropriation from the general fund, the state shall also reimburse the counties for all of the actual direct costs they incur arising from the preparation and conduct of such election in accordance with part 12 of article 4 of title 1. By rule promulgated in accordance with article 4 of this title 24, the secretary of state shall determine the type of actual direct costs for which the counties are entitled to reimbursement pursuant to section 1-4-1203 (5) and this subsection (2).

(3) The general assembly shall annually appropriate money from the general fund to the department of state as necessary to pay for the costs of implementing the provisions of House Bill 21-1071, enacted in 2021.

Source: L. 96: Entire section added, p. 1441, § 1, effective June 1. L. 99: Entire section amended, p. 943, § 5, effective May 28. L. 2000: Entire section amended, p. 657, § 4, effective August 2. L. 2003: Entire section amended, p. 496, § 5, effective March 5. L. 2006: Entire section amended, p. 2035, § 24, effective June 6. Initiated 2016: Entire section amended, Proposition 107, effective upon proclamation of the Governor, December 27, 2016. See L. 2017, p. 2820. L. 2017: Entire section amended, (SB 17-305), ch. 216, p. 844, § 7, effective August 9. L. 2021: (3) added, (HB 21-1071), ch. 367, p. 2422, § 15, effective July 1, 2022.

Editor's note: This section was amended by initiative in 2016. The vote count on Proposition 107 at the general election held November 8, 2016, was as follows:

FOR: 1,701,599

AGAINST: 953,246

Cross references: For the declaration of the people of Colorado in Proposition 107, see section 1 on p. 2815, Session Laws of Colorado 2017.