Colorado § 31-10-102.8 - Active military or overseas voters - timely mailing, casting, and receipt of ballot - definition.

§ 31-10-102.8. Active military or overseas voters - timely mailing, casting, and receipt of ballot - definition.

(1) As used in this section, "ballot materials" means the standardized absentee-voting materials developed pursuant to section 1-8.3-104 (4)(a).

(2) (a) Except as otherwise provided in paragraph (b) of this subsection (2), the clerk shall mail a ballot and ballot materials to any person designated as an active military or overseas voter in the computerized statewide voter registration list no later than forty-five days before an election conducted in accordance with this article; except that, if the clerk receives a certificate of new registration, notification of change of address, or notification of other change in status from an active military or overseas voter after the forty-fifth day before the election, the clerk shall mail a ballot and ballot materials to the voter as soon as practicable.

(b) In a recall election conducted in accordance with part 5 of article 4 of this title, the clerk shall mail a ballot and ballot materials to any person designated as an active military or overseas voter in the computerized statewide voter registration list as soon as practicable after ballot certification.

(3) To be valid, an active military or overseas voter must submit the ballot via postal mail and complete the signed affirmation, as specified in section 1-8.3-114, not later than 7 p.m. mountain time on the date of the election. Such affirmation shall state the following:

I swear or affirm, under penalty of perjury, that: The information on this form is true, accurate, and complete to the best of my knowledge; I understand that a material misstatement of fact in completion of this document may constitute grounds for conviction of perjury; I am a United States citizen, at least 18 years of age (or will be by the day of election), eligible to vote in the requested jurisdiction; I am not incarcerated due to a felony conviction; I am not registering, requesting a ballot, or voting in any jurisdiction in the United States, except the jurisdiction cited in this voting form; In voting, I have marked and sealed this ballot in private and have not allowed any person to observe the marking of this ballot, except those authorized to assist voters under state law.

(3.5) The vote of any active military or overseas voter who votes as authorized by this section may be challenged in the manner specified in section 31-10-1008.

(4) The designated election official must count a valid ballot received in accordance with subsection (3) of this section if the ballot is received by the close of business on the eighth day after the election.

(5) No later than sixty days before the election, the county clerk and recorder of the county in which the municipality is located must forward to the municipal clerk a complete list of voters in the municipality who are marked as active military or overseas voters in the computerized statewide voter registration list.

(6) Any eligible elector who is designated as an active military or overseas voter in the computerized statewide voter registration list may use a federal write-in absentee ballot to vote for all offices and ballot measures in any election conducted under this article or article 4 of this title. Such ballots shall be processed in accordance with subsections (3) and (4) of this section.

Source: L. 2015: Entire section added, (HB 15-1130), ch. 230, p. 855, § 6, effective August 5. L. 2020: (1) and (3) amended and (3.5) added, (HB 20-1156), ch. 51, p. 176, § 1, effective September 14.

Cross references: For the legislative declaration in HB 15-1130, see section 1 of chapter 230, Session Laws of Colorado 2015.