C.R.S. Section 1-13.5-1010
Challenge of absentee voters’ ballots

  • rejection
  • record

(1)

The vote of any absentee voter may be challenged in the same manner as other votes are challenged, and the election judges may determine the legality of such ballot. If the challenge is sustained or if the judges determine that the self-affirmation accompanying the absentee voter’s ballot is insufficient or that the voter is not an eligible elector, the envelope containing the ballot of the voter shall not be opened, and the judges shall endorse on the back of the envelope the reason for rejection. When it is made to appear to the election judges by sufficient proof that any absentee voter who has marked and forwarded a ballot has died, the envelope containing the ballot of the deceased voter shall not be opened, and the judges shall make proper notation on the back of such envelope. If an absentee voter’s envelope contains more than one marked ballot, none of the ballots in that envelope may be counted, and the judges shall note on the envelope the reason that the ballots were not counted. If an absentee voter’s envelope does not contain all pages of a ballot, only the marked and returned pages shall be counted. Election judges shall certify in their returns the number of absentee voter’s ballots cast and counted and the number of such ballots rejected.

(2)

All absentee voters’ envelopes, ballot stubs, and absentee voters’ ballots rejected by the election judges in accordance with subsection (1) of this section must be returned to the designated election official. All absentee voters’ ballots received by the designated election official after 7 p.m. on the day of the election, together with those rejected and returned by the election judges as provided in this section, must remain in the sealed identification envelopes.

(3)

If an absentee voter’s ballot is not returned or if it is rejected and not counted, the fact shall be noted on the record kept by the designated election official. Such record is open to public inspection under proper regulations.

Source: Section 1-13.5-1010 — Challenge of absentee voters’ ballots - rejection - record, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-01.­pdf (accessed Oct. 20, 2023).

1‑13.5‑101
Short title 1‑13.5‑102
Applicability of article - legislative intent 1‑13.5‑103
Definitions 1‑13.5‑104
Acts and elections conducted pursuant to provisions that refer to qualified electors 1‑13.5‑105
Acts legal and valid 1‑13.5‑106
Applicability of the “Uniform Election Code of 1992” 1‑13.5‑107
Computation of time 1‑13.5‑108
Powers of designated election official 1‑13.5‑109
Construction 1‑13.5‑110
Special elections 1‑13.5‑111
Time for holding elections for special districts - type of election - manner of election - notice 1‑13.5‑112
Commencement of terms - nonpartisan officers 1‑13.5‑201
Registration required 1‑13.5‑202
Persons entitled to vote at special district elections 1‑13.5‑203
Registration records for local government elections - costs 1‑13.5‑204
Lists of property owners - costs 1‑13.5‑205
Delivery and custody of registration list and property owner list 1‑13.5‑301
Eligibility for office - prohibitions - exceptions - challenges 1‑13.5‑302
Nomination of local government candidates 1‑13.5‑303
Candidates for special district or business improvement district director - self-nomination and acceptance form 1‑13.5‑304
Withdrawal from nomination 1‑13.5‑305
Write-in candidate affidavit 1‑13.5‑306
Objections to nominations 1‑13.5‑401
Appointment of election judges 1‑13.5‑402
Number of judges - appointment 1‑13.5‑403
Certificates of appointment 1‑13.5‑404
Acceptance form - time to file 1‑13.5‑405
Vacancies - emergency appointments 1‑13.5‑406
Removal of judges 1‑13.5‑407
Oath of judges 1‑13.5‑408
Training of judges 1‑13.5‑409
Compensation of judges 1‑13.5‑410
Compensation for delivery of election returns and other election papers 1‑13.5‑501
Call for nominations - definitions 1‑13.5‑502
Notice of election 1‑13.5‑503
Ballot issue notice 1‑13.5‑504
Establishing precincts and polling places - applicability 1‑13.5‑504.5
Accessibility of polling places to persons with disabilities 1‑13.5‑505
Judges may change polling places 1‑13.5‑506
Number of voting booths, voting machines, or voting systems 1‑13.5‑507
Arrangement of voting machines or voting booths and ballot boxes 1‑13.5‑508
Election expenses to be paid by local government 1‑13.5‑509
Failure to receive mailed notice 1‑13.5‑510
Court-ordered elections 1‑13.5‑511
Certification of ballot 1‑13.5‑512
Correction of errors 1‑13.5‑513
Election may be canceled - when 1‑13.5‑601
Hours of voting 1‑13.5‑602
Watchers - definition 1‑13.5‑603
Judges open ballot box first 1‑13.5‑604
Judge to keep pollbook 1‑13.5‑605
Preparing to vote 1‑13.5‑606
Manner of voting in precincts using paper ballots 1‑13.5‑607
Eligible elector requiring assistance 1‑13.5‑608
Spoiled ballots 1‑13.5‑609
Counting paper ballots 1‑13.5‑610
Counting by counting judges 1‑13.5‑611
Tally sheets 1‑13.5‑612
Defective ballots 1‑13.5‑613
Judges’ certificate - statement on ballots 1‑13.5‑614
Delivery of election returns, ballot boxes, and other election papers 1‑13.5‑615
Abstract of votes - judges to post returns 1‑13.5‑616
Preservation of ballots and election records 1‑13.5‑617
Ranked voting methods 1‑13.5‑618
Covered voters to receive mail ballots 1‑13.5‑701
Use of voting machines 1‑13.5‑702
Judges to inspect machines - when 1‑13.5‑703
Sample ballots, ballot labels, and instruction cards 1‑13.5‑704
Instructions to vote 1‑13.5‑705
Length of time to vote 1‑13.5‑706
Judge to watch voting machines 1‑13.5‑707
Designated election official to supply seals for voting machines 1‑13.5‑708
Close of polls and count of votes 1‑13.5‑709
Election laws apply - separate absentee ballots permitted 1‑13.5‑801
Use of electronic voting system 1‑13.5‑802
Sample ballots 1‑13.5‑803
Ballots - electronic voting 1‑13.5‑804
Preparation for use - electronic voting 1‑13.5‑805
Instructions to vote 1‑13.5‑806
Ballots 1‑13.5‑807
Distribution of ballots - receipt - filing 1‑13.5‑808
Instruction cards - posting - content 1‑13.5‑809
Close of polls - ballot return - transfer box - delivery 1‑13.5‑810
Testing of electronic ballot counting equipment 1‑13.5‑811
Electronic vote counting - procedure 1‑13.5‑812
Election laws pertaining to use of electronic voting systems - separate absentee ballots permitted 1‑13.5‑901
Ballot boxes 1‑13.5‑902
Ballots and sample ballots - delivery - format 1‑13.5‑903
Correction of errors 1‑13.5‑904
Printing and distribution of ballots 1‑13.5‑905
Substitute ballots 1‑13.5‑906
Instruction cards - content 1‑13.5‑1001
When absentee electors may vote 1‑13.5‑1002
Application for absentee voter’s ballot - delivery - list 1‑13.5‑1003
Application for permanent absentee voter status 1‑13.5‑1004
List of absentee voters’ ballots - removal from list 1‑13.5‑1005
Self-affirmation on return envelope 1‑13.5‑1006
Manner of absentee voting by paper ballot 1‑13.5‑1007
Absentee voters’ voting machines - electronic voting systems 1‑13.5‑1008
Delivery to judges 1‑13.5‑1009
Casting and counting absentee voters’ ballots 1‑13.5‑1010
Challenge of absentee voters’ ballots - rejection - record 1‑13.5‑1011
Emergency absentee voting - definition 1‑13.5‑1101
Independent mail ballot elections 1‑13.5‑1102
Definitions 1‑13.5‑1103
Independent mail ballot elections - optional - cooperation with county clerk and recorder permitted - exception 1‑13.5‑1104
Preelection process - notification of independent mail ballot election - plan required - duties of designated election official 1‑13.5‑1105
Procedures for conducting independent mail ballot election 1‑13.5‑1105.5
Voting by electors at group residential facilities 1‑13.5‑1106
Delivery of misdelivered ballots 1‑13.5‑1107
Counting mail ballots 1‑13.5‑1108
Write-in candidates 1‑13.5‑1109
Challenges 1‑13.5‑1201
No voting unless eligible 1‑13.5‑1202
Right to vote may be challenged 1‑13.5‑1203
Challenge to be made by written oath 1‑13.5‑1204
Challenge questions asked 1‑13.5‑1205
Oath of person challenged 1‑13.5‑1206
Refusal to answer questions or take oath 1‑13.5‑1301
Survey of returns - canvass board 1‑13.5‑1302
Imperfect returns 1‑13.5‑1303
Corrections 1‑13.5‑1304
Tie - lots - notice to candidates 1‑13.5‑1305
Statement - certificates of election 1‑13.5‑1306
Recount 1‑13.5‑1401
Person elected - contest - causes 1‑13.5‑1402
District judge to preside - bond 1‑13.5‑1403
Filing statement - contents 1‑13.5‑1404
Summons - answer 1‑13.5‑1405
Trial and appeals 1‑13.5‑1406
Recount 1‑13.5‑1407
Judgment 1‑13.5‑1408
Ballot questions and ballot issues - how contested 1‑13.5‑1501
Controversies 1‑13.5‑1601
Applicability of criminal penalties
Green check means up to date. Up to date

Current through Fall 2024

§ 1-13.5-1010’s source at colorado​.gov