Colo. Rev. Stat. § 37-46-137

Current through 11/5/2024 election

Section 37-46-137 - Conduct of election

(1) Except as otherwise provided in this article, an election held pursuant to this article shall be opened and conducted in the manner then provided by the laws of this state for the conduct of general elections.

(2) If an election is held concurrently with a primary or general election, the county clerk and recorder of each county in which the district or subdistrict holding the debt election is located shall perform for the district or subdistrict election the acts provided by law to be performed by such officials. If an election is not held concurrently with a primary or general election, such acts shall be performed by the secretary of the district with the assistance of the county clerk and recorders. The board of directors and county clerk and recorders are authorized to agree among themselves upon the division of such acts and the determination of persons to perform them.

(3) An elector of the district may vote in any election by absentee voter's ballot under such terms and conditions, and in substantially the same manner insofar as is practicable, as prescribed in article 13.5 of title 1, C.R.S., except as specifically modified in this article.

(4) All acts required or permitted therein to be performed by a county clerk and recorder shall be performed by each one respectively in the event of a primary or general election and by the secretary or assistant secretary of the board of directors in the event of any other election, unless the services of the county clerk and recorder in each such county are contracted for, but no oath shall be administered by the secretary or assistant secretary unless he is also an officer authorized to administer oaths.

(5) Application may be made for an absentee voter's ballot not more than twenty days and not less than four days before the election.

(6) No consideration shall be given nor distinction made with reference to any person's affiliation or the lack thereof.

(7) The return envelope for the absentee voter's ballot must have printed on its face an affidavit substantially in the following form:

"State of Colorado, County of ........., I, ............, being first duly sworn according to law, depose and say that my residence and post-office address is ..............; that I am a person qualified to vote in general elections in the State of Colorado and am a resident of the Colorado River Water Conservation District or Water Users' Association No. .... or Special Improvement District No. .... in the Colorado River Water Conservation District, as may be appropriate, at the time of this election.

...................................................

Signature of voter

Subscribed and sworn to before me this ... day of............, 20....

...................................................

(Signature of notary public,

county clerk and recorder,

or other officer authorized

to administer oaths)

(SEAL)

...................................................

Title of office"

(8) In any such election at which voting machines are used, the board of directors shall provide paper ballots for absentee voters containing the same question as is to be submitted to the electors by the voting machines, subject to subsection (9) of this section.

(9) The district or subdistrict may provide for mail voters to cast their mail voters' ballots on voting machines expressly provided for that purpose, if each mail voter indicates by affidavit that he or she is qualified to vote at the election and will be a mail voter, pursuant to article 13.5 of title 1, C.R.S., and all laws supplemental thereto.

C.R.S. § 37-46-137

Amended by 2014 Ch. 2, § 48, eff. 2/18/2014.

Amended by 2013 Ch. 185, § 134, eff. 5/10/2013.

L. 77: Entire section added, p. 1643, § 5, effective June 9. L. 80: (3) and (9) amended, p. 416, § 33, effective 1/1/1981. L. 92: (3) and (9) amended, p. 924, § 195, effective 1/1/1993. L. 96: (9) amended, p. 1775, § 81, effective July 1. L. 99: (6) amended, p. 164, § 26, effective August 4. L. 2008: (9) amended, p. 1913, § 124, effective August 5. L. 2009: (9) amended, (HB 09 -1216), ch. 165, p. 730, § 9, effective August 5. L. 2013: (3) amended, (HB 13-1303), ch. 185, p. 751, § 134, effective May 10. L. 2014: (3), (5), IP(7), (8), and (9), amended, (HB 14-1164), ch. 2, p. 75, § 48, effective February 18.

(1) For the "Uniform Election Code of 1992", see articles 1 to 13 of title 1. (2) 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. (3) For the legislative declaration in HB 14-1164, see section 1 of chapter 2, Session Laws of Colorado 2014.