Colorado § 31-10-1104 - Challenge questions asked voter.

§ 31-10-1104. Challenge questions asked voter.

(1) If a person offering to vote is challenged as unqualified, one of the judges shall tender to him the following written oath or affirmation: "You do solemnly swear or affirm that you will fully and truly answer all such questions as are put to you touching your place of residence and qualifications as a registered elector at this election."

(2) If the person is challenged as unqualified on the ground that he is not a citizen and will not exhibit his papers pertaining to his naturalization, the judges, or one of them, shall put the following questions:

(a) "Are you a citizen of the United States?"

(b) "Are you a native or naturalized citizen?"

(c) and (d) Repealed.

(3) Repealed.

(4) If the person is challenged as unqualified on the ground that he or she has not resided in this state for twenty-two days immediately preceding the election, the judges, or one of them, shall put the following questions:

(a) "Have you resided in this state for twenty-two days immediately preceding this election?"

(b) "Have you been absent from this state within the twenty-two days immediately preceding this election, and during that time have you maintained a home or domicile elsewhere?"

(c) "If so, when you left, was it for a temporary purpose with the design of returning, or did you intend to remain away?"

(d) "Did you, while absent, look upon and regard this state as your home?"

(e) "Did you, while absent, vote in any state or territory?"

(5) If the person is challenged on the ground that he or she has not resided in the municipality, one of the judges shall question the person as to his or her residence in a manner similar to the method of questioning a person as to his or her residence in this state.

(6) If the person is challenged as unqualified on the ground that he is not eighteen years of age, the judges, or one of them, shall ask the following question: "Are you eighteen years of age or over to the best of your knowledge and belief?"

(7) If the person challenged answers satisfactorily all of the questions put to him, he shall sign his name on the form of the challenge after the printed questions. The judges of election shall indicate in the proper place on the form of challenge whether the challenge was withdrawn and whether the challenged voter refused to answer the questions and left the polling place without voting.

Source: L. 75: Entire title R&RE, p. 1064, § 1, effective July 1. L. 79: (2)(c), (2)(d), and (3) repealed, p. 1640, § 50, effective July 19. L. 92: (4) and (5) amended, p. 2179, § 42, effective June 2. L. 94: IP(4), (4)(a), (4)(b), and (5) amended, p. 1774, § 42, effective January 1, 1995. L. 2014: (4) and (5) amended, (HB 14-1164), ch. 2, p. 68, § 26, effective February 18.

Editor's note: This section is similar to former § 31-10-904 as it existed prior to 1975.

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