C.R.S. Section 1-7-309
Determination of improperly marked ballots

(1)

Votes cast for an office to be filled or a ballot issue to be decided shall not be counted if an elector marks more names than there are persons to be elected to an office or if for any reason it is impossible to determine the elector’s choice of candidate or vote concerning the ballot issue; except that an elector’s rankings of multiple candidates in an election using instant runoff voting shall be recorded and counted in accordance with section 1-7-1003 and rules promulgated by the secretary of state.

(2)

A defective or an incomplete cross mark on any ballot in a proper place shall be counted if no other cross mark appears on the ballot indicating an intention to vote for some other candidate or ballot issue.

(3)

No ballot shall be counted unless it has the official endorsement required by section 1-7-302.

(4)

Ballots not counted because of the election judges’ inability to determine the elector’s intent for all candidates and ballot issues shall be marked “defective” on the back, banded together and separated from the other ballots, returned to the ballot box, and preserved by the designated election official pursuant to section 1-7-801.

(5)

When the election judges in any precinct discover in the counting of votes that the name of any write-in candidate voted for is misspelled or omitted in part, the vote for that candidate shall be counted if the writing meets the requirements of section 1-7-114 (1).

Source: Section 1-7-309 — Determination of improperly marked ballots, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-01.­pdf (accessed Oct. 20, 2023).

1‑7‑101
Hours of voting on election day 1‑7‑102
Employees entitled to vote 1‑7‑104
Affidavits of eligibility 1‑7‑105
Watchers at primary elections 1‑7‑106
Watchers at general and congressional vacancy elections 1‑7‑107
Watchers at nonpartisan elections 1‑7‑108
Requirements of watchers 1‑7‑110
Preparing to vote in person 1‑7‑111
Electors requiring assistance 1‑7‑113
Influencing electors 1‑7‑114
Write-in votes 1‑7‑115
Time in voting area 1‑7‑116
Coordinated elections - definition 1‑7‑118
Ranked voting in a coordinated election - procedure - costs - definition 1‑7‑119
Voter service and polling centers - electors - use of mobile phones 1‑7‑201
Voting at primary election 1‑7‑203
Accounting forms 1‑7‑301
Judges open ballot box first 1‑7‑302
Electors given only one ballot 1‑7‑303
Spoiled ballots 1‑7‑304
Manner of voting in person 1‑7‑305
Counting by counting judges 1‑7‑307
Method of counting paper ballots 1‑7‑309
Determination of improperly marked ballots 1‑7‑401
Judges to inspect machines 1‑7‑402
Sample ballots - ballot labels 1‑7‑403
Instruction to electors 1‑7‑404
Judge to inspect voting machine 1‑7‑405
Seal on voting machine 1‑7‑406
Close of polls and count - seals 1‑7‑407
Close of polls - primary 1‑7‑501
Judges open ballot box first 1‑7‑503
Manner of voting 1‑7‑504
Spoiled ballot or ballot card 1‑7‑505
Close of polls - security of voting machinery 1‑7‑507
Electronic vote-counting - procedure 1‑7‑508
Determination of improperly marked ballots 1‑7‑509
Electronic and electromechanical vote counting - testing of equipment required - rules 1‑7‑510
Election software code - escrow - definitions 1‑7‑511
Election software - voting equipment providers - escrow - definitions 1‑7‑512
Voting system providers - duties 1‑7‑513
Voting equipment - records 1‑7‑513.5
Voting equipment - security 1‑7‑514
Random audit 1‑7‑515
Risk-limiting audits - rules - legislative declaration - definitions 1‑7‑601
Judges’ certificate and statement 1‑7‑603
Alternative preparation of election returns - procedures 1‑7‑701
Delivery of election returns, ballot boxes, and other election papers 1‑7‑801
Ballots preserved 1‑7‑802
Preservation of election records 1‑7‑901
Receipt of comments concerning ballot issues 1‑7‑902
Preparation of fiscal information 1‑7‑903
Preparation of written comments 1‑7‑904
Transmittal of notices 1‑7‑905
Preparation of notices 1‑7‑905.5
Form of notice 1‑7‑906
Mailing of notices 1‑7‑907
Ballot issue notice 1‑7‑908
Additional notice - election to create financial obligation 1‑7‑1001
Short title 1‑7‑1002
Ranked voting methods - report - definitions 1‑7‑1003
Conduct of elections using ranked voting methods - instant runoff voting - choice voting or proportional voting - reports 1‑7‑1004
Secretary of state - rules - guidance to local governments
Green check means up to date. Up to date

Current through Fall 2024

§ 1-7-309’s source at colorado​.gov