Section 1-6-119 - Removal of election judge by designated election official(1)(a) If a county chairperson of a major political party or the county chairperson or other authorized official of a minor political party believes that an election judge appointed to represent that party is not faithfully or fairly representing the party or that an election judge has moved from the county, the county chairperson or authorized official may, subject to the provisions of subsection (1)(b) of this section, exercise a preemptive removal of the election judge. The county chairperson or authorized official shall notify the county clerk and recorder and the election judge of the preemptive removal in writing. Such notice must include documentation regarding the reason for removal of the election judge and must be filed with the county clerk and recorder within three days of receiving the election judge list pursuant to rules promulgated by the secretary of state.(b) If an election judge is preemptively removed pursuant to subsection (1)(a) of this section, the county clerk and recorder shall allow the election judge two days to appeal the election judge's removal. If appealed, the county clerk and recorder shall review all documentation and determine whether the judge may be removed pursuant to subsection (1)(a) of this section.(c) The county clerk and recorder shall fill any vacancy created by the preemptive removal as provided in section 1-6-113.(2) Prior to election day, the designated election official may remove an election judge for cause. Cause includes but is not limited to the election judge's failure to file an acceptance form in accordance with sections 1-6-101 and 1-6-106 and the election judge's failure to attend a class of instruction as required in section 1-6-101 (5).(3) On election day, the designated election official may remove an election judge who has neglected the duties of the office by failing to appear at the polling location by 7:30 a.m., by leaving the polling location before completing all of the duties assigned, by being unable or unwilling or by refusing to perform the duties of the office, or by electioneering.(4) Upon receipt of a written complaint made by an eligible elector of the political subdivision concerning an election judge, the designated election official shall investigate the complaint and may remove the election judge and appoint another election judge in accordance with section 1-6-113.Amended by 2024 Ch. 468,§ 23, eff. 6/6/2024.Amended by 2013 Ch. 185, § 58, eff. 5/10/2013.L. 92: Entire article R&RE, p. 730, § 8, effective 1/1/1993. L. 95: (3) amended, p. 839, § 56, effective July 1. L. 98: Entire section amended, p. 581, § 13, effective April 30. L. 2002: (1) and (4) amended, p. 1633, § 14, effective June 7. L. 2013: (3) amended, (HB 13-1303), ch. 185, p. 718, § 58, effective May 10.This section is similar to former § 1-5-116 as it existed prior to 1992.
In 2013, subsection (3) 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.