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Colorado Statutes § 1-5-505.5 State reimbursement to counties for elections with state certified ballot contentVersion dated Oct. 30, 2024

Statute Text

Effective Until 7/1/2024

(1) As used in this section, unless the context otherwise requires:
(a) "Ballot issue" shall have the same meaning as provided in section 1-1-104 (2.3).
(b) "Ballot question" shall have the same meaning as provided in section 1-1-104 (2.7).
(2) For an election held in an odd-numbered year pursuant to article 41 of this title in which the only item on the ballot of a particular county is a state ballot issue, the state shall reimburse such county for the costs incurred that are shown by such county to be directly attributable to conducting such election and shall not include any portion of the usual costs of maintaining the office of the clerk and recorder, including, without limitation, overhead costs and personal service costs of permanent employees.
(3) For any other odd- or even-numbered year election in which a state ballot issue or state ballot question is on the ballot of a particular county, the state shall reimburse such county for the cost of the duties performed by the county clerk and recorder that relate to conducting the election on the ballot issue or ballot question; except that the reimbursement shall be set at the following rates:
(a) For counties with ten thousand or fewer active registered electors, ninety cents for each active registered elector as of the time of the election;
(b) For counties with more than ten thousand active registered electors, eighty cents for each active registered elector as of the time of the election.
(4) The general assembly shall make appropriations to the department of state from the department of state cash fund or from the general fund for the purpose of reimbursing counties under the terms of this section in conformity with section 24-21-104.5 , C.R.S.

History

L. 2000: Entire section added, p. 655, § 2, effective August 2. L. 2006: (3) amended, p. 2032, § 10, effective June 6. L. 2012: (3) amended, (HB 12-1143), ch. 231, p. 1014, § 1, effective May 29.

Effective Starting 7/1/2024

(1)
(a) For any state primary, coordinated, general, congressional vacancy, special legislative, or recall election conducted after July 1, 2024, where the state certifies any ballot content, the state shall reimburse each county for forty-five percent of the costs that the county incurs in conducting the election, including the cost of printing and supplies. The remainder of the costs that the county incurs in conducting the election is a county charge, the payment of which is provided in the same manner as the payment of other expenses. The secretary of state may adopt rules for determining which costs are necessary and reasonable and therefore reimbursable by the state .
(b) For a coordinated election, the political subdivisions for which the county clerk and recorder will conduct a coordinated election shall enter into an agreement with the county clerk and recorder pursuant to section 1-7-116 (2) for a reasonable sharing of the county's costs of the coordinated election that are not reimbursed by the state pursuant to subsection (1)(a) of this section among the county and the political subdivisions .
(c) Presidential primary elections shall be funded pursuant to 24-21-104.5 (2).
(2) The general assembly shall make appropriations to the department of state from the department of state cash fund or from the general fund for the purpose of reimbursing counties as required by this section in conformity with section 24-21-104.5; except that for the 2024 general election, the general assembly shall appropriate two million five hundred thousand dollars from the general fund to the department of state cash fund for the purpose of reimbursing counties as required by this section .

History

Amended by 2023 Ch. 399 , § 18 , eff. 7/1/2024 .

L. 2000: Entire section added, p. 655, § 2, effective August 2. L. 2006: (3) amended, p. 2032, § 10, effective June 6. L. 2012: (3) amended, (HB 12-1143), ch. 231, p. 1014, § 1, effective May 29.