Colorado Statutes § 1-5-102.9 Voter service and polling centers - number required - services provided - drop-off locations - definition
Statute Text
(1)
(a)
For general elections, each county clerk and recorder shall designate a minimum number of voter service and polling centers, as follows:
(I)
For counties with at least two hundred fifty thousand active electors:
(A)
During the period from the fifteenth day before the election to the fifth day before the election, at least one voter service and polling center for each seventy-five thousand active electors;
(B)
During the period from the fourth day before the election to the second day before the election, at least one voter service and polling center for each twenty thousand active electors; and
(C)
On the day before the election and on election day, at least one voter service and polling center for each twelve thousand five hundred active electors.
(II)
For counties with at least thirty-seven thousand five hundred but fewer than two hundred fifty thousand active electors:
(A)
During the period from the fifteenth day before the election to the fifth day before the election, at least one voter service and polling center for each seventy-five thousand active electors; except that there must be at least one voter service and polling center in each such county;
(B)
During the period from the fourth day before the election to the day before the election, at least one voter service and polling center for each twenty thousand active electors; and
(C)
On election day, at least one voter service and polling center for each twelve thousand five hundred active electors.
(III)
Except as otherwise provided in subsection
(1)(a)(V)
of this section
, for counties with at least ten thousand but fewer than thirty-seven thousand five hundred active electors:
(A)
During the period from the fifteenth day before the election to the day before the election, at least one voter service and polling center; and
(B)
On election day, at least three voter service and polling centers.
(IV)
For counties with fewer than ten thousand active electors, during the fifteen-day period prior to and including the day of the election, at least one voter service and polling center.
(V)
The secretary of state shall develop and administer a pilot program for elections conducted on or after July
1, 2024,
but before January
1, 2027,
that allows the county clerk and recorder or designated election official of a county that has at least ten thousand but fewer than thirty-seven thousand five hundred active electors, that has at least three municipalities, and in which the second and third largest municipalities that are located entirely within the county both have less than three percent of the active electors in the county, to request a waiver of the requirement to designate a minimum of three voter service and polling centers on election day pursuant to subsection
(1)(a)(III)
of this section. If the secretary of state allows a waiver pursuant to this subsection
(1)(a)(V),
the county that requested the waiver is required to designate a minimum of two voter service and polling centers on election day. The secretary of state may allow a waiver pursuant to this subsection
(1)(a)(V)
to only one county during the pilot program
.
(b)
(I)
For the purposes of subsections (1)(a) and (5) of this section, the number of active electors in a county is the number of active electors registered in the county on the date of the previous presidential election or on the date of the last general election, whichever is greater.
(II)
Repealed.
(b.5)
(I)
For a general election, a county clerk and recorder shall designate a voter service and polling center on the campus of an institution of higher education, as defined in section
23-3.1-102
(5)
, located within the county as follows:
(A)
During the period from the fifteenth day before the election to the second day before the election, one voter service and polling center on each campus that has ten thousand or more enrolled students; and
(B)
On the day before the election and on election day, one voter service and polling center on each campus that has two thousand or more enrolled students.
(II)
In a county described in subsection (1)(a)(I) or (1)(a)(II) of this section, a voter service and polling center designated in accordance with this subsection (1)(b.5) may count toward the minimum requirements of subsection (1)(a) of this section. In all other counties, a voter service and polling center designated in accordance with this subsection (1)(b.5) must be in addition to the minimum requirements of subsection (1)(a) of this section.
(III)
A county clerk and recorder shall confer with a state institution of higher education about the location for a voter service and polling center designated on a campus.
(IV)
A voter service and polling center designated under this subsection (1)(b.5) on a campus that has twenty thousand or more enrolled students on January 1 of the year of the election must be located within the student center unless such placement creates an undue burden for the institution of higher education.
(V)
(A)
As used in this subsection (1)(b.5), the number of enrolled students at a campus is the highest number of all full-time, part-time, graduate, and undergraduate students, not including students solely registered for online courses and concurrent enrollment students, during the fall semester of the year of the previous general election according to data collected by the department of higher education. The department of higher education shall provide the data to the secretary of state on or before December 1 of each general election year. The secretary of state shall determine from the data which campuses meet the enrollment thresholds for the next general election.
(B)
[Repealed by 2024 amendment]
[Notwithstanding subsection (1)(b.5)(V)(A) of this section, due to the impact of the COVID-19 pandemic, for any election for which the number of enrolled students would be based on data from the fall semester of 2020, the secretary of state shall use data for the fall semester of 2019 instead of data from the fall semester of 2020 to determine the number of enrolled students for purposes of subsection (1)(b.5)(I) of this section. The department of higher education shall provide the data for the fall semester of 2019 to the secretary of state on or before October 1, 2021.]
(VI)
As used in this subsection (1)(b.5), "campus" means any collection of buildings and surrounding grounds owned or used by a state institution of higher education to regularly provide students with education, housing, or college activities. If one or more state institutions of higher education share buildings or grounds, or if the campuses of one or more state institutions of higher education are adjacent or otherwise connected, the shared or connected buildings and grounds constitute a single campus for the purposes of this subsection (1)(b.5).
(b.7)
For a general election, at the request of the tribal council of an Indian tribe located on a federal reservation whose headquarters are within the county's boundaries, a county clerk and recorder shall designate a voter service and polling center within the boundaries of the reservation. The tribal council may request either two or four days of in-person voting at a voter service and polling center within the boundaries of the reservation. Two days of in-person voting include the day before election day and election day. Four days of in-person voting include the day before election day, election day, and the Friday and Saturday prior to election day. A request under this subsection (1)(b.7) must be made no later than one hundred eighty days before the date of the election.
(c)
(I)
In designating voter service and polling center locations pursuant to this subsection (1), each county clerk and recorder shall consider the following factors to address the needs of the county:
(A)
Proximity to public transportation lines and availability of parking;
(B)
Geographic features, such as mountain passes, that tend to affect access and convenience;
(C)
Equitable distribution across the county so as to afford maximally convenient options for electors;
(D)
The existence and location of population centers;
(E)
Access for persons with disabilities;
(F)
Use of existing voting locations that typically serve a significant number of electors;
(G)
Use of public buildings that are known to electors in the county, especially to the extent that using such buildings results in cost savings compared to other potential locations;
(H)
When private locations are considered or designated as voter service and polling centers in accordance with section
1-5-105
(3)
, methods and standards to ensure the security of voting conducted at such locations;
(I)
Proximity to historically under-represented communities;
(J)
If a proposed location was used in a previous election, the number of electors that used the location in the previous election and the recorded wait times at the location, or the number of electors and recorded wait times at nearby locations; and
(K)
The need to place voter service and polling centers in population centers that had lower voter turnout in previous elections.
(I.5)
A county clerk and recorder who requests the use of a public building that receives funding from government sources to designate as a voter service and polling center or drop box site shall be given priority over other uses of the building. The appropriate authority for the building may charge the clerk and recorder a reasonable rental fee not to exceed the usual rental rate for the building.
(II)
In designating voter service and polling centers, a county clerk and recorder shall solicit public comments. The county clerk and recorder shall post a notice seeking public comment no later than two hundred fifty days before the election and shall accept comments through the one hundred ninetieth day before the election.
(III)
(A)
A county clerk and recorder shall not designate a police station, sheriff's office, or town marshal's office as a voter service and polling center; except that a county clerk and recorder may designate as a voter service and polling center a multipurpose building that includes a police station, sheriff's office, or town marshal's office.
(B)
A county clerk and recorder may apply to the secretary of state for a waiver of the requirements of subsection (1)(c)(III)(A) of this section. If the secretary of state finds that there is not another equivalent site for a voter service and polling center nearby, the secretary of state shall grant the waiver.
(d)
Each county clerk and recorder shall submit the proposed voter service and polling center locations to the secretary of state as part of the election plan.
(e)
A county clerk and recorder may designate a greater number of voter service and polling centers than the minimum required by this section.
(f)
In addition to other drop box locations in the county, a county clerk and recorder may establish a drop box at places of worship in the county.
(2)
Voter service and polling centers must be open, at a minimum, for the fifteen-day period prior to and including the day of the election as follows:
(a)
In a county described in subsection (1)(a)(I) or (1)(a)(II) of this section:
(I)
During the period from the fifteenth day before the election to the day before the election, voter service and polling centers must be open continuously at least from 8 a.m. to 5 p.m.; except that voter service and polling centers are not required to be open on Sundays or on the first Saturday of this period.
(II)
On election day, voter service and polling centers must be open continuously from 7 a.m. to 7 p.m.
(b)
In all other counties:
(I)
During the period from the fifteenth day before the election to the day before the election, voter service and polling centers must be open during the normal business hours for the county; except that voter service and polling centers are not required to be open on Sundays or on the first Saturday of this period, and must be open for at least four hours continuously on the second Saturday of this period.
(II)
On election day, voter service and polling centers must be open continuously from 7 a.m. to 7 p.m.
(3)
Each voter service and polling center must provide:
(a)
The ability for an eligible elector to register to vote pursuant to section
1-2-217.7
;
(b)
The ability for an eligible elector to cast a ballot;
(c)
The ability for an eligible elector to update his or her address pursuant to section
1-2-217.7
;
(d)
The ability for an eligible elector who has legally changed his or her name to have his or her name changed pursuant to section
1-2-218
;
(e)
The ability for an unaffiliated registered elector to affiliate with a political party and cast a ballot in a primary election;
(f)
Secure computer access;
(g)
Facilities and equipment that are compliant with the federal "Americans with Disabilities Act of 1990",
42 U.S.C. sec.
12101
et seq., as amended;
(h)
Direct record electronic voting machines or other voting systems accessible to electors with disabilities as provided in part 7 of article 5 of this title;
(i)
Voting booths;
(j)
Original and replacement ballots for distribution;
(k)
Mail ballots to requesting electors, including a sufficient supply of replacement ballots or the ability to print a sufficient number of ballots on demand to provide to registered electors in the event there are technical problems accessing the centralized statewide voter registration system maintained pursuant to section
1-2-301
;
(l)
The ability to accept mail ballots that are deposited by electors;
(m)
The ability of a person to cast a provisional ballot; and
(n)
The ability of a person to obtain and return a form pursuant to section
1-7.5-107.3
(2)(a)
confirming the person returned a ballot or to provide a copy of identification or a signature in accordance with section
1-2-502.5
(4)(c)
,
1-7.5-107
(3.5)(d), or
1-7.5-107.3
(1.5), in order to cure a ballot the person previously cast.
(3.5)
If an elector desires to vote by casting a ballot at a voter service and polling center but there are technical problems accessing the centralized statewide voter registration system maintained pursuant to section
1-2-301
at the voter service and polling center, the elector shall be allowed to obtain and cast a replacement mail ballot if the elector's registration can be verified by contacting the county clerk and recorder by telephone or electronic mail, if practical, or by other means. If the elector's eligibility cannot be verified by a voter service and polling center election judge, the elector is entitled to cast a provisional ballot in accordance with article 8.5 of this title 1.
(4)
Repealed.
(5)
(a)
In addition to providing voter service and polling centers in accordance with this section, counties shall also establish drop boxes for the purpose of allowing electors to deposit their completed mail ballots in a general election as follows:
(I)
For counties with at least two hundred fifty thousand active electors, at least one drop box for each twelve thousand five hundred active electors.
(II)
For counties with at least thirty-seven thousand five hundred but fewer than two hundred fifty thousand active electors, at least one drop box for each fifteen thousand active electors.
(III)
For counties with at least fifteen thousand but fewer than thirty-seven thousand five hundred active electors, at least two drop boxes.
(IV)
For counties with fewer than fifteen thousand active electors, at least one drop box.
(b)
For a general election, in addition to the requirements of subsection (5)(a) of this section, a county shall establish a drop box on each campus of
[a state]
an
institution of higher education,
as defined in section
23-3.1-102 (5), located within the county that has
[two]
one
thousand or more enrolled students as determined in accordance with subsection (1)(b.5)(III) of this section.
(c)
Each drop box must accept mail ballots delivered by electors for the fifteen-day period prior to and including the day of the election.
(d)
(I)
The placement and security of each drop box must be determined by each county, subject to the requirements of subsection (5)(d)(II) of this section and in accordance with the secretary of state's current security rules. Counties are encouraged to establish drop boxes in community-based locations.
(II)
A county clerk and recorder shall not establish a drop box at a police station, sheriff's office, or town marshal's office; except that:
(A)
A county clerk and recorder may establish a drop box in a multipurpose building that includes either the county clerk and recorder's office or the municipal clerk's office and also includes a police station, sheriff's office, or town marshal's office; and
(B)
The requirements of this subsection (5)(d)(II) do not apply to a drop box that was established on or before June 21, 2021.
(e)
For a general election, in addition to the requirements of subsection (5)(a) of this section, at the request of the tribal council of an Indian tribe located on a federal reservation whose headquarters are within the county's boundaries, a county shall establish a drop-off location within the boundaries of the reservation. The drop-off location must accept ballots for the fifteen-day period prior to and including the day of the election.
(f)
A county may establish additional drop-off locations at the county's discretion. A drop-off location must be located in a secure place under the supervision of a municipal clerk, an election judge, or a member of the clerk and recorder's staff.
(6)
Repealed.
History
Amended by 2024 Ch. 468 , § 13 , eff. 6/6/2024 .
Amended by 2023 Ch. 399 , § 15 , eff. 6/6/2023 .
Amended by 2021 Ch. 282 , § 28 , eff. 6/21/2021 .
Amended by 2019 Ch. 326 , § 30 , eff. 8/2/2019 .
Amended by 2016 Ch. 173 , § 37 , eff. 5/18/2016 .
Added by 2013 Ch. 185 , § 31 , eff. 5/10/2013 .
L. 2013: Entire section added, (HB 13-1303), ch. 704, p. 704, § 31, effective May 10. L. 2016: (3)(f) amended, (SB 16-142), ch. 578, p. 578, § 37, effective May 18. L. 2019: (1)(a), (1)(b)(I), (1)(c)(I)(G), (1)(c)(I)(H), (1)(c)(II), (1)(d), (2), and (3.5) amended, (1)(b.5), (1)(b.7), (1)(c)(I)(I), (1)(c)(I.5), (1)(c)(III), (5), and (6) added, and (4) repealed, (HB 19-1278), ch. 3020, p. 3020, § 30, effective August 2.
Editor's Note
(1) Subsection (1)(b)(II)(B) provided for the repeal of subsection (1)(b)(II), effective January 1, 2017. (See L. 2013, p. 704.)
(2) Section 85 of chapter 282 (SB 21-250), Session Laws of Colorado 2021, provides that the act changing this section applies to elections conducted on or after June 21, 2021.
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