Colorado § 31-10-102 - Definitions.

§ 31-10-102. Definitions.

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

(1) "Clerk" means the clerk of the municipality who is the custodian of the official records of the municipality or any person delegated by the clerk to exercise any of his powers, duties, or functions.

(2) "Election official" means any clerk, election commission, judge of election, or municipal governing body engaged in the performance of election duties as required by this article.

(3) "Electronic voting system" means any ballot card electronic voting system meeting the requirements set forth in section 1-5-615, C.R.S.

(3.5) "Permanent absentee voter" means an eligible elector who applies to receive a ballot by mail for every polling place election and whose name is placed on the list pursuant to section 31-10-1002.

(4) "Pollbook" means the list of voters to whom ballots are delivered or who are permitted to enter a voting machine booth for the purpose of casting their votes at a municipal election. Names shall be entered in the pollbook in the order in which the ballots are delivered at the polls or in the order in which voters are permitted to enter a voting machine booth for the purpose of casting their votes.

(5) "Population" means population as determined by the latest federal census.

(6) "Registration book" means all of the registration records for each general election precinct arranged alphabetically according to surnames and bound together in book form.

(7) "Registration list" means the list of registered electors of each municipal election precinct prepared by the county clerk and recorder from the county registration books in accordance with section 31-10-205.

(8) "Registration record" means the record on which is entered the official registration and identification of an individual elector and a list of the elections at which he has voted since the date of registration.

(8.5) "Residence" means the principal or primary home or place of abode of a person as set forth in section 31-10-201 (3).

(9) "Voter" means a registered elector who has presented himself at a polling place to vote in any regular or special election.

(10) "Voting machine" means any device fulfilling the requirements for voting machines set forth in part 4 of article 7 of title 1, C.R.S., regarding its use, construction, procurement, and trial.

(11) "Watcher" means a registered elector of the municipality whose name has been submitted to the clerk and then certified by the clerk to the appropriate election judges to serve at the polling place with the right to remain inside the polling place from at least fifteen minutes prior to the opening of the polls until after the completion of the count of votes cast at the election and the certification of the count by the judges. Each watcher has the right to maintain a list of voters as the names are announced by the judges and to witness each step in the conduct of the election.

Source: L. 75: Entire title R&RE, p. 1039, § 1, effective July 1. L. 79: (8.5) amended, p. 279, § 4, effective June 7. L. 80: (3) and (10) amended, p. 414, § 21, effective January 1, 1981. L. 81: (2) amended, p. 1498, § 1, effective July 1. L. 91: (6) and (8) amended, p. 640, § 83, effective May 1. L. 95: (3) amended, p. 856, § 97, effective July 1. L. 2009: (3) amended, (SB 09-292), ch. 369, p. 1978, § 107, effective August 5. L. 2014: (3.5) added, (HB 14-1164), ch. 2, p. 59, § 13, effective February 18.

Editor's note: The provisions of this section are similar to provisions of several former sections as they existed prior to 1975. For a detailed comparison, see the comparative tables located in the back of the index.

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

ANNOTATION

Voting rights preserved by expressing intent to return. Elector, who had moved outside city and into a rental home while he awaited building of new home within the city, preserved his right to vote in the city by expressing an intent to retain the city as his official place of residence. Gordon v. Blackburn, 618 P.2d 668 (Colo. 1980).

But mere intention alone may not fulfill legal residence requirements. The mere intention to return to a former abode at some more or less indefinite time, with no other indicia of a home or domicile, may not fulfill the usual requirements of legal "residence" for voting purposes. Gordon v. Blackburn, 618 P.2d 668 (Colo. 1980).

Test for legal residence. This section requires an objective or "principal-or-primary-home" test for legal residence. Gordon v. Blackburn, 618 P.2d 668 (Colo. 1980).

Inquiry to be undertaken where nonresident elector wishes to retain former voting rights. The following inquiry is required to be undertaken if an elector has moved outside the boundaries of his voting precinct and wishes to retain his right to vote there: (1) Had the party established his principal or primary home or place of abode within the election precinct? and (2) was the individual's departure taken or does his absence continue with a present intention of returning to the precinct in the future? Gordon v. Blackburn, 618 P.2d 668 (Colo. 1980).