Section 1-5-407 - Form of ballots(1)(a) All ballots must be uniform and of sufficient length and width to allow for the names of candidates, officers, ballot issues, and ballot questions to be printed in clear, plain type, with a space between the different columns on the ballot. On each ballot the endorsement "Official ballot for ......................" must be printed, and after the word "for" follows the designation of the precinct, if appropriate, and the political subdivision for which the ballot is prepared, the date of the election, and a facsimile of the signature of the election official. The ballot shall not contain any caption or other endorsement, except as provided in this section. The election official shall use the same quality and tint of paper, the same kind of type, and the same quality and tint of plain black ink for all ballots prepared for one election.(b) If the designated election official, in his or her discretion, elects to use ballot stubs, each ballot may have either one or two stubs to be divided into two spaces by two perforated or dotted lines. Each such space must be at least one inch wide. The top portion is called the stub and the next portion is called the duplicate stub. All ballots prepared under this paragraph (b) must be numbered consecutively. The same number must be printed on both the stub and the duplicate stub.(1.6) A ballot stub may be used, but is not required, for a ballot produced on demand, so long as the quantity of ballots produced for the election can be reconciled by the ballot processing method used by the voting system. Such ballots may contain printed and distinguishing marks, so long as secrecy in voting is protected.(2) The ballots shall be printed so as to give to each eligible elector a clear opportunity to designate his or her choice of candidates, joint candidates, ballot issues, and ballot questions by a mark as instructed. On the ballot may be printed words that will aid the elector, such as "vote for not more than one".(3) At the end of the list of candidates for each different office shall be one or more blank spaces in which the elector may write the name of any eligible person not printed on the ballot who has filed an affidavit of intent of write-in candidate pursuant to section 1-4-1101. The number of spaces provided shall be the lesser of the number of eligible electors who have properly filed an affidavit of intent of write-in candidate pursuant to section 1-4-1101 or the number of persons to be elected to the office. No such blank spaces shall be provided if no eligible elector properly filed an affidavit of intent of write-in candidate.(4) The names of the candidates for each office shall be arranged under the designation of the office as provided in section 1-5-404. The designated election official shall not print, in connection with any name, any title or degree designating the business or profession of the candidate. Each candidate's name may include one nickname, if the candidate regularly uses the nickname and the nickname does not include any part of a political party name.(4.5) If no candidate has been duly nominated and no person has properly filed an affidavit of intent of write-in candidate for an office, the following text shall appear under the designation of the office: "There are no candidates for this office.".(5)(a) Whenever the approval of a ballot issue or ballot question is submitted to the vote of the people, the ballot issue or question shall be printed upon the ballot following the lists of candidates. Except as otherwise provided in section 32-9-119.3 (2), C.R.S., referred amendments shall be printed first, followed by initiated amendments, referred propositions, initiated propositions, county issues and questions, municipal issues and questions, school district issues and questions, ballot issues and questions for other political subdivisions which are in more than one county, and then ballot issues and questions for other political subdivisions which are wholly within a county.(b) Beginning with the 2010 general election: (I) Each proposed change to the state constitution, whether initiated by the people or referred to the people by the general assembly, shall be identified on the ballot as an "amendment";(II) Each proposed change to the Colorado Revised Statutes, whether initiated by the people or referred to the people by the general assembly, shall be identified on the ballot as a "proposition"; and(III) A ballot issue or question containing both a proposed change to the state constitution and a proposed change to the Colorado Revised Statutes shall be identified on the ballot as an "amendment".(5.3)(a) Commencing with the general election held in November 2010, each statewide measure initiated by the people that is a proposed change to the state constitution shall be numbered consecutively in regular numerical order beginning with the number sixty. Such consecutive numbering of measures shall continue at any odd-year or general election held after such election at which any such measure is on the ballot beginning with the number following the highest number utilized in the previous election until the number ninety-nine is utilized at an election for any such measure. Such measures shall again be numbered consecutively in regular numerical order beginning with the number one and in accordance with this paragraph (a) following the utilization of the number ninety-nine for any such measure. The secretary of state may promulgate rules as may be necessary to administer this paragraph (a). Such rules shall be promulgated in accordance with article 4 of title 24, C.R.S.(b) Commencing with the general election held in November 2010, each statewide measure initiated by the people that is a proposed change to the Colorado Revised Statutes shall be numbered consecutively in regular numerical order beginning with the number one hundred one. Such consecutive numbering of measures shall continue at any odd-year or general election held after such election at which any such measure is on the ballot beginning with the number following the highest number utilized in the previous election until the number one hundred ninety-nine is utilized at an election for any such measure. Such measures shall again be numbered consecutively in regular numerical order beginning with the number one hundred one and in accordance with this paragraph (b) following the utilization of the number one hundred ninety-nine for any such measure. The secretary of state may promulgate rules as may be necessary to administer this paragraph (b). Such rules shall be promulgated in accordance with article 4 of title 24, C.R.S. (5.4)(a) Commencing with the general election held in November 2010, each statewide measure referred to the people by the general assembly that is a proposed change to the state constitution shall be lettered consecutively in regular alphabetical order beginning with the letter P. The consecutive lettering of such statewide referred measures shall continue at any odd-year or general election held after the election at which any statewide referred measure is on the ballot beginning with the letter following the last letter utilized in the previous election until the letter Z is utilized at an election for such a statewide referred measure. Such statewide referred measures shall again be lettered consecutively in regular alphabetical order beginning with the letter A and in accordance with this paragraph (a) following the utilization of the letter Z for any such statewide referred measure. The secretary of state may promulgate rules as may be necessary to administer this paragraph (a). Any rules shall be promulgated in accordance with article 4 of title 24, C.R.S.(b) Commencing with the general election held in November 2010, each statewide measure referred to the people by the general assembly that is a proposed change to the Colorado Revised Statutes shall be double-lettered consecutively in regular alphabetical order beginning with the letters AA. The consecutive lettering of such statewide referred measures shall continue at any odd-year or general election held after the election at which any statewide referred measure is on the ballot beginning with the letters following the last letters utilized in the previous election until the letters ZZ are utilized at an election for such a statewide referred measure. Such statewide referred measures shall again be lettered consecutively in regular alphabetical order beginning with the letters AA and in accordance with this paragraph (b) following the utilization of the letters ZZ for any such statewide referred measure. The secretary of state may promulgate rules as may be necessary to administer this paragraph (b). Any rules shall be promulgated in accordance with article 4 of title 24, C.R.S. (5.5) The coordinated election official may choose to follow the provisions of subsection (5) of this section, or may choose to use separate ballots. If separate ballots are used, the candidates shall be listed first, followed by measures to increase taxes, measures to increase debt, citizen petitions, and referred measures.(6) Whenever candidates are to be voted for only by the eligible electors of a particular district, county, or other political subdivision, the names of those candidates shall not be printed on any ballots other than those provided for use in the district, county, or political subdivision in which those candidates are to be voted on.(7) No printing or distinguishing marks shall be on the ballot except as specifically provided in this code, or in section 1-40-106 (3)(e) to (3)(g) and (3)(j).(9) If a referred measure, including but not limited to a measure referred by the school board of a multicounty school district or the board of directors of a multicounty special district to the registered electors of the school district or special district, is referred to registered electors of multiple counties, the alphabetical, numerical, or alphanumerical designation used to identify the measure shall be identical on each ballot that includes the measure.Amended by 2022 Ballot Proposition GG, passed by voters in 11/8/2020 election, eff. upon official proclamation by governor, 12/27/2022.Amended by 2022 Ch. 508, § 1, eff. 12/27/2022.Amended by 2021 Ch. 474, § 2, eff. 7/7/2021.Amended by 2014 Ch. 160, § 12, eff. 5/9/2014.L. 92: Entire article R&RE, p. 712, § 8, effective 1/1/1993. L. 93: (1) and (5) amended and (5.5) added, p. 1412, § 53, effective July 1. L. 94: (1) amended and (8) added, p. 1161, § 30, effective July 1. L. 96: (3) amended, p. 1743, § 35, effective July 1. L. 97: (1) amended and (1.5) added, p. 184, § 2, effective August 6. L. 2000: (5.3) added, p. 299, § 8, effective August 2. L. 2002: (1), (2), (3), and (4) amended and (1.6) and (4.5) added, p. 1630, § 7, effective June 7. L. 2005: (5) amended and (5.4) and (9) added, p. 1265, § 1, effective June 3. L. 2009: (5) amended, (SB 09 -108), ch. 48, p. 48, § 3, effective March 2; (5), (5.3), and (5.4) amended, (HB 09-1326), ch. 1167, p. 1167, § 1, effective 1/1/2010. L. 2010: (5)(a) amended, (SB 10-216), ch. 2041, p. 2041, § 1, effective June 10. L. 2012: (4) and (5)(b) amended, (HB 12-1292), ch. 683, p. 683, § 22, effective May 17. L. 2014: (1) and (1.6) amended and (1.5) and (8) repealed, (SB 14-161), ch. 560, p. 560, § 12, effective May 9. (1) This section is similar to former § 1-6-402 as it existed prior to 1992.
(2) Amendments to subsection (5) by Senate Bill 09-108 and House Bill 09-1326 were harmonized.
(3) Subsection (7) was amended by SB 22-222. That bill contained a referendum clause and was approved by a vote of the registered electors of the state of Colorado on November 8, 2022. The amended version of subsection (7) took effect upon proclamation of the Governor, December 27, 2022. The vote count for the measure was as follows:
YES: 1,704,757
NO: 665,476
2022 Ch. 508, was passed without a safety clause. See Colo. Const. art. V, § 1(3). For the short title ("Ballot Measure Fiscal Transparency Act of 2021") in HB 21-1321, see section 1 of chapter 474, Session Laws of Colorado 2021.