(1) For partisan elections, the county clerk and recorder of a county with fifteen thousand or more active electors as of the date of the previous general election shall appoint at least three election judges to serve as judges for each voter service and polling center to perform the designated functions. The county clerk and recorder of a county with fewer than fifteen thousand active electors as of the date of the previous general election shall appoint at least two election judges to serve as judges for each voter service and polling center to perform the designated functions. In each voter service and polling center, notwithstanding any other provision of this article 6 and subject to the availability of election judges who meet the affiliation requirements of section 1-6-109, of the election judges appointed to serve as voter service and polling center judges pursuant to this subsection (1), there must be at least one election judge from each major political party who is not a student election judge.(2) (Deleted by amendment, L. 98, p. 580, § 10, effective April 30, 1998.)(3) When two election judges who are not of the same political affiliation are present at the voter service and polling center, voting may proceed.(4) For nonpartisan elections, the designated election official shall appoint no fewer than two election judges to serve as judges for each voter service and polling center to perform the designated functions.(5) The designated election official and, for partisan elections, the county clerk and recorder may appoint other election judges as needed to perform duties other than voter service and polling center duties. These duties may include inspecting ballots, duplicating ballots, and counting paper ballots. For partisan elections, if the county clerk and recorder appoints election judges to perform duties other than voter service and polling center duties, the county clerk and recorder shall appoint two election judges to perform such duties. The two election judges so appointed shall not be of the same political affiliation.(6) (Deleted by amendment, L. 2013.)(7) Where student election judges have been appointed by the county clerk and recorder to serve in a particular voter service and polling center pursuant to this article 6, no more than half of the total number of election judges serving in any one polling location are permitted to be student election judges.(8) Subject to the requirements of this article 6 regarding the number and party affiliation of election judges, the county clerk and recorder or designated election official may allow an election judge to work at a voter service and polling center for a shift lasting less than an entire day; except that at least two judges of different affiliations must be present at each voter service and polling center at all times.Amended by 2023 Ch. 399,§ 23, eff. 6/6/2023.Amended by 2018 Ch. 262, § 20, eff. 5/29/2018.Amended by 2013 Ch. 185, § 56, eff. 5/10/2013.L. 92: Entire article R&RE, p. 727, § 8, effective 1/1/1993. L. 98: Entire section amended, p. 580, § 10, effective April 30. L. 2000: (1) amended and (7) added, p. 1335, § 3, effective July 1. L. 2004: (6) amended, p. 1106, § 5, effective May 27. L. 2007: (6) amended and (8) added, p. 1977, § 21, effective August 3. L. 2013: Entire section amended, (HB 13-1303), ch. 185, p. 716, § 56, effective May 10. L. 2018: (3), (4), (5), (7), and (8) amended, (SB 18-233), ch. 262, p. 1610, § 20, effective May 29.This section is similar to former §§ 1-5-104 and 1-5-105 as they existed prior to 1992.
In 2013, this section was amended by the "Voter Access and Modernized Elections Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013.