C.R.S. Section 31-10-102.8
Active military or overseas voters

  • timely mailing, casting, and receipt of ballot
  • definition

(1)

As used in this section, “ballot materials” means the standardized absentee-voting materials developed pursuant to section 1-8.3-104 (4)(a).

(2)

Intentionally left blank —Ed.

(a)

Except as otherwise provided in paragraph (b) of this subsection (2), the clerk shall mail a ballot and ballot materials to any person designated as an active military or overseas voter in the computerized statewide voter registration list no later than forty-five days before an election conducted in accordance with this article; except that, if the clerk receives a certificate of new registration, notification of change of address, or notification of other change in status from an active military or overseas voter after the forty-fifth day before the election, the clerk shall mail a ballot and ballot materials to the voter as soon as practicable.

(b)

In a recall election conducted in accordance with part 5 of article 4 of this title, the clerk shall mail a ballot and ballot materials to any person designated as an active military or overseas voter in the computerized statewide voter registration list as soon as practicable after ballot certification.

(3)

To be valid, an active military or overseas voter must submit the ballot via postal mail and complete the signed affirmation, as specified in section 1-8.3-114, not later than 7 p.m. mountain time on the date of the election. Such affirmation shall state the following:
I swear or affirm, under penalty of perjury, that: The information on this form is true, accurate, and complete to the best of my knowledge; I understand that a material misstatement of fact in completion of this document may constitute grounds for conviction of perjury; I am a United States citizen, at least 18 years of age (or will be by the day of election), eligible to vote in the requested jurisdiction; I am not incarcerated due to a felony conviction; I am not registering, requesting a ballot, or voting in any jurisdiction in the United States, except the jurisdiction cited in this voting form; In voting, I have marked and sealed this ballot in private and have not allowed any person to observe the marking of this ballot, except those authorized to assist voters under state law.

(3.5)

The vote of any active military or overseas voter who votes as authorized by this section may be challenged in the manner specified in section 31-10-1008.

(4)

The designated election official must count a valid ballot received in accordance with subsection (3) of this section if the ballot is received by the close of business on the eighth day after the election.

(5)

No later than sixty days before the election, the county clerk and recorder of the county in which the municipality is located must forward to the municipal clerk a complete list of voters in the municipality who are marked as active military or overseas voters in the computerized statewide voter registration list.

(6)

Any eligible elector who is designated as an active military or overseas voter in the computerized statewide voter registration list may use a federal write-in absentee ballot to vote for all offices and ballot measures in any election conducted under this article or article 4 of this title. Such ballots shall be processed in accordance with subsections (3) and (4) of this section.

Source: Section 31-10-102.8 — Active military or overseas voters - timely mailing, casting, and receipt of ballot - definition, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-31.­pdf (accessed Oct. 20, 2023).

31‑10‑101
Short title 31‑10‑102
Definitions 31‑10‑102.5
Acts and elections conducted pursuant to provisions which refer to qualified electors 31‑10‑102.7
Applicability of the “Uniform Election Code of 1992” 31‑10‑102.8
Active military or overseas voters - timely mailing, casting, and receipt of ballot - definition 31‑10‑103
Computation of time 31‑10‑104
Powers of clerk and deputy 31‑10‑105
Election commission 31‑10‑106
Copies of election laws and manual provided 31‑10‑108
Special elections 31‑10‑109
Submission of question on regular election date for municipalities 31‑10‑201
Qualifications of municipal electors 31‑10‑202
Submission of question to qualified taxpaying electors - oath 31‑10‑203
Registration required 31‑10‑204
Municipal clerk as deputy county clerk and recorder 31‑10‑205
Registration lists 31‑10‑206
Delivery and custody of registration book or list 31‑10‑207
Questions answered by elector 31‑10‑208
Change of address 31‑10‑301
Electors eligible to hold municipal office 31‑10‑302
Nomination of municipal officers 31‑10‑303
Withdrawal from nominations 31‑10‑305
Objections to nominations 31‑10‑306
Write-in candidate affidavit 31‑10‑401
Appointment of election judges 31‑10‑402
Number of judges 31‑10‑403
Certificates of appointment 31‑10‑404
Acceptances 31‑10‑405
Vacancies 31‑10‑406
Removal of judges 31‑10‑407
Oath of judges 31‑10‑408
Compensation of judges 31‑10‑409
Compensation for delivery of election returns and other election papers 31‑10‑501
Clerk to give notice 31‑10‑501.5
Ballot issue notice 31‑10‑502
Establishing precincts and polling places 31‑10‑503
Judges may change polling places 31‑10‑504
Number of voting booths or voting machines 31‑10‑505
Arrangement of voting machines or voting booths and ballot boxes 31‑10‑506
Election expenses to be paid by municipality 31‑10‑507
Election may be canceled - when 31‑10‑601
Hours of voting 31‑10‑602
Watchers at municipal elections 31‑10‑603
Employee entitled to vote 31‑10‑604
Judges open ballot box first 31‑10‑605
Judge to keep pollbook 31‑10‑606
Preparing to vote 31‑10‑607
Manner of voting in precincts which use paper ballots 31‑10‑608
Disabled voter - assistance 31‑10‑609
Spoiled ballots 31‑10‑610
Counting paper ballots 31‑10‑611
Tally sheets 31‑10‑612
Defective ballots 31‑10‑613
Judges’ certificate 31‑10‑614
Delivery of election returns, ballot boxes, and other election papers 31‑10‑615
Judges to post returns 31‑10‑616
Preservation of ballots and election records 31‑10‑617
Ranked voting methods 31‑10‑701
Use of voting machines 31‑10‑702
Judges to inspect machines 31‑10‑703
Sample ballots, ballot labels, and cards of instruction 31‑10‑704
Instructions to vote 31‑10‑705
Length of time to vote 31‑10‑706
Judge to watch voting machines 31‑10‑707
Clerk to supply seals for voting machines 31‑10‑708
Close of polls and count of votes 31‑10‑709
Election laws apply - separate absentee ballots permitted 31‑10‑801
Use of electronic system 31‑10‑802
Sample ballots 31‑10‑803
Ballots - electronic voting 31‑10‑804
Preparation for use - electronic voting 31‑10‑805
Instructions to vote 31‑10‑806
Ballots 31‑10‑807
Distribution of ballots 31‑10‑808
Cards of instruction 31‑10‑809
Close of polls - count and seals in electronic voting 31‑10‑810
Electronic vote counting - test 31‑10‑811
Electronic vote counting - procedure 31‑10‑812
Election laws apply - separate absentee ballots permitted 31‑10‑901
Ballot boxes 31‑10‑902
Ballots 31‑10‑903
Ballots changed if candidate dies or withdraws 31‑10‑904
Printing and distribution of ballots 31‑10‑905
Substitute ballots 31‑10‑906
Cards of instruction 31‑10‑907
Definitions 31‑10‑908
Mail ballot elections - preelection process 31‑10‑909
Nomination of candidates in mail ballot elections 31‑10‑910
Procedures for conducting mail ballot election 31‑10‑910.3
Verification of signatures - signature verification devices - procedures - training - definitions 31‑10‑911
Counting mail ballots 31‑10‑912
Write-in candidate affidavit in mail ballot elections 31‑10‑913
Challenges 31‑10‑1001
When absent electors may vote 31‑10‑1002
Application for absentee voter’s ballot - permanent absentee voter status - ballot delivery - list of absentee voters 31‑10‑1003
Self-affirmation on return envelope 31‑10‑1004
Manner of absentee voting by paper ballot 31‑10‑1005
Absent voters’ voting machines - electronic voting systems 31‑10‑1006
Delivery to judges 31‑10‑1007
Casting and counting absentee ballots 31‑10‑1008
Challenge of absentee ballots - rejection - record 31‑10‑1010
Emergency absentee voting - definition 31‑10‑1101
No voting unless registered 31‑10‑1102
Right to vote may be challenged 31‑10‑1103
Challenge to be made by written oath 31‑10‑1104
Challenge questions asked voter 31‑10‑1105
Oath of challenged voter 31‑10‑1106
Refusal to answer questions or take oath 31‑10‑1201
Returns - canvass 31‑10‑1202
Imperfect returns 31‑10‑1203
Corrections 31‑10‑1204
Tie - lots - notice to candidates 31‑10‑1205
Statement - certificates of election 31‑10‑1206
Fees of municipal judge 31‑10‑1207
Recount 31‑10‑1301
Who may contest - causes 31‑10‑1302
District judge to preside - bond 31‑10‑1303
Filing statement - contents 31‑10‑1304
Summons - answer 31‑10‑1305
Trial and appeals 31‑10‑1306
Recount 31‑10‑1307
Judgment 31‑10‑1308
Ballot questions and ballot issues - how contested 31‑10‑1401
Controversies 31‑10‑1402
Correction of errors 31‑10‑1501
District attorney or attorney general to prosecute 31‑10‑1502
Sufficiency of complaint - judicial notice 31‑10‑1503
Immunity of witness from prosecution 31‑10‑1504
Penalties for election offenses 31‑10‑1505
Payment of fines 31‑10‑1506
Perjury 31‑10‑1507
Forgery 31‑10‑1508
Tampering with nomination papers 31‑10‑1509
Bribery of petition signers 31‑10‑1511
Custody and delivery of ballots and other election papers 31‑10‑1512
Destroying, removing, or delaying delivery of ballots and other election papers 31‑10‑1513
Unlawfully refusing or permitting to vote 31‑10‑1514
Revealing how elector voted 31‑10‑1515
Violation of duty 31‑10‑1516
Unlawful receipt of money 31‑10‑1517
Disclosing or identifying vote 31‑10‑1518
Delivering and receiving ballots at polls 31‑10‑1519
Voting twice 31‑10‑1520
Voting in the wrong precinct 31‑10‑1521
Electioneering near polls 31‑10‑1522
Employer’s unlawful acts 31‑10‑1523
Intimidation 31‑10‑1524
Unlawfully giving or promising money 31‑10‑1525
Corrupt means of influencing vote 31‑10‑1526
Interference with voter while voting 31‑10‑1528
Inducing defective ballot 31‑10‑1529
Personating elector 31‑10‑1530
Altering posted abstract of votes 31‑10‑1531
Wagers with electors 31‑10‑1532
Tampering with notices or supplies 31‑10‑1533
Tampering with registration book, registration list, or pollbook 31‑10‑1534
Tampering with voting machine 31‑10‑1535
Interference with election official 31‑10‑1536
Unlawful qualification as taxpaying elector 31‑10‑1537
Absentee voting 31‑10‑1538
Article to be liberally construed 31‑10‑1539
Applicability
Green check means up to date. Up to date

Current through Fall 2024

§ 31-10-102.8’s source at colorado​.gov