Colorado

Complete coverage for Colorado can be found below. (Return to States List)

Swing State Focus

• Absentee Ballots: Will absentee voters be notified of mistakes on their ballot and be given an opportunity to correct those mistakes?

  Yes. Voters have until 8 days after the election (November 14, 2012) to cure a signature discrepancy or missing signature, or to provide missing ID for mail-in and provisional ballot to be counted. CRS § 1-8-113.

• Absentee Ballots: How many absentee ballots were cast in 2008 and 2010, and what percentage of those were counted as valid ballots?

  In 2008, 1,516,677 absentee ballots were cast, and 99.5 percent of those ballots were counted. In 2010, 1,260,035 absentee ballots were cast, and 99.4 percent of those ballots were counted. U.S. Election Assistance Commission, Election Administration and Voting Survey,

  http://www.eac.gov/research/election_administration_and_voting_survey.aspx.

• Absentee Ballots: What must a voter do to validate an absentee ballot (e.g. any witness requirement? ID requirement for mailed ballots?)

  If voters are voting by mail for the first time, they may need to provide a photocopy of their ID. If voters plan on voting by absentee ballot, they can include a copy of their ID with their voter registration form OR with their absentee ballot application OR with their voted absentee ballot. CRS § 1-8-113.

• Absentee Ballots: What is the last date on which an absentee ballot can arrive and still be counted?

  Mail-in ballots must be received by the county clerk and recorder no later than 7:00 p.m. on Election Day. Ballots cast by military and overseas voters must be sent no later than 7:00 P.M. on Election Day and received by the close of business on the 8th day after the election. CRS § 1-8-113.

• Absentee Ballots: What is the latest date on which a voter can request an absentee ballot, and are those dates different for overseas and domestic voters?

  An application for a mail-in ballot must be received no later than the close of business on the Friday preceding the election, whether for domestic or overseas voters. However, if the voter wants the ballot sent to him or her by mail, the deadline is the seventh day before the election. Colo. Rev. Stat. § 1-8-104(3) (2012); Colo. Rev. Stat. § 1-8.3-109 (2012).

• Poll-worker Error: What does state law say about a ballot cast incorrectly or in the wrong place due to poll-worker error?

  If the election official is knowledgeable that the elector was erroneously sent to the wrong precinct or erroneously given the wrong ballot style in the elector’s correct precinct, the voted ballot will be duplicated and only races and issues for which the elector is qualified to vote shall be counted. 8 CCR 1505-1:26.5.3.

• Provisional Ballots: What is the last date on which a provisional ballot voter can provide information that validates the ballot?

  Designated election officials are responsible for verifying the eligibility of the voter. A voter who failed to sign the required affidavit will be notified and has until no later than eight days after the election to sign the ballot. CRS § 1-8-105. A voter received a provisional ballot for failing to provide the proper identification at the polling place will be notified and must provide proper identification within eight days after the election. 8 CCR 1505-1:26.

• Provisional Ballots: What kind of information is required to validate a provisional ballot?

  County clerk and recorders review the information provided on the provisional ballot affidavit form and use the following databases to research provisional voters’ eligibility: State of Colorado statewide voter registration database; Colorado Department of Corrections Felon database; Colorado DMV Motor Voter database. CRS § 1-8.5-105.

• Provisional Ballots: How many provisional ballots were cast in 2008 and 2010, and what percentage of those were counted as valid ballots?

  In 2008, 51,824 provisional ballots were cast, and 84.1 percent were counted in full or in part. In 2010, 39,361 provisional ballots were cast, an 90.7 were counted in full or in part. U.S. Election Assistance Commission, Election Administration and Voting Survey,

  http://www.eac.gov/research/election_administration_and_voting_survey.aspx.

• Provisional Ballots: Is there an affidavit alternative for verifying the ID requirements for a provisional ballot?

  No.

• Provisional Ballots: Will provisional ballots count for the races for which a voter was in the correct location, even if in the wrong precinct for lower-ticket votes?

  If a voter comes to the wrong precinct to vote and chooses to vote a provisional ballot rather than go to the correct polling location, only federal and statewide races and issues will be counted. CRS § 1-8.5-109.

• Recount Resources: Does the state have an automatic recount, and how is it triggered?

  A recount is required if the margin is less than or equal to one-half of one percent. A recount occurs after the canvass board has certified the original vote count. CRS §1-10.5-101.

• Recount Resources: May a candidate request a recount?

  Whenever a recount is not required, a candidate or other interested party may submit a notarized written request for a recount at the expense of the interested party making the request. This request shall be filed with the secretary of state, the county clerk and recorder, the designated election official, or other governing body that originally certified the candidate, ballot question, or ballot issue for the ballot within twenty-one days after a primary election and within thirty-one days after any other election. CRS § 1-10.5-106.

• Recount Resources: What is the date for certification (how many days after the election)?

  Elections must be certified no later than the 17^th day after the election. Colo. Rev. Stat. § 1-10-102(1) (2012).

• Recount Resources: What is the date for certification (how many days after the election)?

  Elections must be certified by the county canvass board no later than the 17^th day after the election. Colo. Rev. Stat. § 1-10-102(1) (2012). The Secretary of State must determine if a recount is needed no later than the 30^th day after the election. Colo. Rev. Stat. § 1-10-103.

• Voter ID: On what date did the voter ID requirement become effective?

  April 22, 2003.

• Voter ID: What is the ID requirement to vote?

  The following are acceptable forms of identification when voting:

  • A valid Colorado driver's license
  • A valid identification card issued by the Department of Revenue
  • A valid U.S. passport
  • A valid employee identification card with a photograph of the eligible elector
  issued by any branch, department, agency, or entity of the United States government or of this state, or by any county, municipality, board, authority, or other political subdivision of the state of Colorado
  • A valid pilot's license issued by the Federal Aviation Administration or other authorized agency of the United States
  • A valid U.S. military identification card with a photograph of the eligible elector
  • A copy of a current utility bill, bank statement, government check, paycheck, or other government document that shows the name and address of the elector
  • A valid Medicare or Medicaid card issued by the Centers for Medicare and Medicaid Services
  • A certified copy of a U.S. birth certificate for the elector issued in the United States
  • Certified documentation of naturalization
  • A valid student identification card with a photograph of the eligible elector issued by an institute of higher education in Colorado, as defined in CRS § 23-3.1-102(5)
  • A valid veteran identification card issued by the United States department of veterans affairs veteran’s health administration with a photograph of the eligible elector
  • A valid identification card issued by a federally recognized tribal government certifying tribal membership. Colorado Secretary of State available at http://www.sos.state.co.us/pubs/elections/vote/acceptableFormsOfID.html
  • On what date did that requirement become effective?
  • Is there an affidavit alternative available to use on Election Day for persons without the required ID?
• Voter ID: Is there an affidavit alternative available to use on Election Day for persons without the required ID?

  No. An eligible elector who is unable to produce identification may cast a provisional ballot. The designated election official shall attempt to verify that an elector who cast a provisional ballot is eligible to vote. The designated election official or designee shall complete the preliminary verification of the elector's eligibility to vote before the ballot is counted. See C.R.S. §1-8.5-105

Information & Analysis

November, 2012

• Rejected Absentee Ballots in Colorado (11/06/12)

November, 2010

• Recount Procedures in Colorado (11/03/10)
• Races Still Too Close to Call (11/03/10)

November, 2008

• CO Common Cause Says Voting OK (11/04/08)
• Colorado Spanish-speaking voters protest the lack of bilingual pollworkers at vote centers (11/04/08)
• Sequoia failed to deliver 18,000 absentee ballots to Colorado (11/03/08)
• Colorado Secretary of State ordered again to stop purging voters (11/01/08)

October, 2008

• Thousands of CO Absentees Could Have ID Problems (10/31/08)
• Settlement Reached in CO Purging Case (10/30/08)
• Colorado Sued over Purges (10/26/08)
• Colorado Secretary of State at odds with county officials over checkbox (10/22/08)

January, 2008

• Colorado Sued over Purges (1/01/08)

December, 2007

• Colorado SoS Decertifies Voting Machines (12/18/07)

November, 2006

• Colorado SoS Race Over (11/15/06)
• Colorado SoS Race: Gap Exceeds Uncounted Ballots (11/14/06)
• Colorado SoS Election: Update (11/13/06)

Commentary

2010

• Looking Backward: Instant Runoff Voting in the 2010 Midterm Elections (11/30/10)

2008

• Unanimous Decision in McCain v. Obama (hypothetical) (10/28/08)
• Purges & Provisional Ballots (10/09/08)
• A November Hypothetical (5/20/08)

News Wire

Election law news from across the country concerning Colorado

May, 2013

• Colorado election bill receives intial approval (5/01/13)

April, 2013

• Judge tosses Denver clerk's inactive voter suit against Scott Gessler (4/30/13)
• Major Colo. election changes get 1st OK by House (4/19/13)
• Gessler slams election bills; blasts Dems (4/08/13)

March, 2013

• Federal judge dismisses challenge to Colorado campaign-finance law (3/01/13)

November, 2012

• Thousands of Colorado mail ballots rejected for signature issues (11/06/12)

October, 2012

• Judge clearing path for campaign finance probe into Arizona group (10/31/12)
• Gessler: Colorado prepared for election spotlight (10/31/12)
• Colo. furthers citizenship checks (10/24/12)
• Colorado county clerks blast Gessler for "errors and oversights" (10/09/12)
• Voters who answered citizenship check get thanks (10/05/12)

July, 2012

• Marks prevails (again) in Aspen ballot case (7/17/12)
• Homeland Security says Gessler may check voter citizenship (7/17/12)
• Legal fees but one battle in Aspen ballot case (7/11/12)
• Gessler hit with another campaign finance lawsuit – but this one he may actually like (7/05/12)

June, 2012

• Marks prevails in lawsuit over Aspen election ballots (6/29/12)
• Colorado Gov. John Hickenlooper signs into law rules for public review of voted ballots (6/08/12)

April, 2012

• Marks prevails in Jefferson County case (4/25/12)
• Colorado Democrats hope bill can deliver mail ballots, presidential votes (4/09/12)

February, 2012

• Colorado group files lawsuit to protect voters' privacy (2/15/12)

January, 2012

• Battle rages over tracing voted ballots in Colorado (1/26/12)

December, 2011

• Democrats win congressional redistricting (12/05/11)

November, 2011

• Ballot transparency a statewide debate (11/28/11)
• Colorado Supreme Court rejects newly drawn state legislative districts (11/16/11)

February, 2011

• House panel to consider mail-only election law (2/10/11)

November, 2010

• Court: No campaign finance limits for small groups (11/15/10)
• Republican Beezley wins HD33 race (11/03/10)

August, 2010

• Colorado secretary of state office spends $357,487 on lawsuits (8/18/10)

July, 2010

• Track Your Ballot Via E-Mail Or Text Message (7/21/10)
• Voters will get primary election ballots in the mail (7/02/10)

April, 2010

• Elections-reform bill in the offing (4/03/10)

November, 2009

• Colorado ranks high in its effort to count military ballots (11/06/09)

August, 2009

• City of Denver let ex-cons work during Nov. 2008 election (8/23/09)

July, 2009

• Aspen: Ballots are exempt from state open records law (7/31/09)

May, 2009

• Online voter registration could save big (5/19/09)
• Ritter Signs Election and Voter Reform Bills (5/18/09)

April, 2009

• Bill pushes all-paper voting (4/10/09)

March, 2009

• Bipartisan bill aimed at fraud on petitions (3/31/09)
• Balink predicts chaos if Election Day drop-offs allowed (3/17/09)
• All-paper vote has its doubters (3/04/09)

February, 2009

• Committee supports all-mail elections (2/27/09)
• Panel urges all-paper ballots by 2014 (2/18/09)
• Labor fights Denver election reform (2/02/09)

January, 2009

• New Colorado voter rule could boost registration (1/31/09)
• New Colorado voter rule could boost registration (1/31/09)
• How Much Does Your Vote Cost? $36.57 (1/25/09)
• Bill to require photo ID when voting fails (1/23/09)

December, 2008

• New election panel looking to end uncertainty (12/17/08)
• Expert advocates paper ballots for future elections (12/03/08)
• Paper ballots touted as most secure (12/02/08)

November, 2008

• Voters encounter some problems, but nothing to match 2006 calamities (11/05/08)
• Clay Co. Voters Face Jammed Ballot Boxes (11/04/08)
• Election Day sees only minor problems at polls (11/04/08)
• Sequoia Voting Systems Failed to Deliver 18,000 Absentee Ballots to Colorado County (11/03/08)

October, 2008

• Deal restores 30,000 voters in Colorado (10/31/08)
• Agreement in Colo. lawsuit helps purged voters (10/31/08)
• Colorado Agrees to Allow Purged Voters to Vote (10/30/08)
• ID confusion could nullify 35,000 Colorado mail ballots (10/30/08)
• Judge weighs lawsuit over purged Colorado voters (10/29/08)
• Ballot Shortages on Election Day? (10/28/08)
• Federal judge will hear voter purge case Wednesday (10/27/08)
• Colorado Faces Suit on Voter Purges (10/25/08)
• Some early voters worry their ballot won't count (10/22/08)
• Elections readiness panned (10/17/08)
• Report says Colorado poorly prepared for electronic voting machine problems (10/16/08)
• Study: Colorado Not Ready for Voting Problems (10/16/08)
• Purging voter list legal, AG says (10/15/08)
• Check-off box delays thousands of voter registrations (10/14/08)
• Voting forms ruled incomplete for lack of check mark (10/14/08)
• Voter registration gaffes have officials scrambling (10/10/08)
• Questions raised about Colorado voter purges (10/09/08)
• Secretary of State Mike Coffman responds to New York Times "inaccuracies." (10/09/08)
• Lawsuit claims state made election mistakes (10/03/08)

September, 2008

• Balink under fire for error on CC voter registration (9/24/08)
• Businessman failed to disclose ties (9/23/08)
• Possible fraudulent voter forms investigated (9/23/08)
• Voter registration fraud investigated (9/22/08)
• Letter to the Editor: Grand County voters urged to apply for mail-in ballots (9/10/08)

August, 2008

• Editorial: Election system needs our help (8/25/08)
• Election reform panel ready to get to work (8/12/08)
• Mail-ins up, but early voting down in today's primary (8/11/08)
• Some voters confused about Denver mail-in ballots (8/08/08)
• Suit against eSlate machine maker withdrawn (8/04/08)
• As elections near, voter numbers take flight (8/04/08)

July, 2008

• Metro counties' aim: paper ballots for one and all (7/29/08)
• Editorial: Vote in person, or from home? (7/26/08)
• Secretary of State praises local improvements for voters (7/25/08)
• Registration drives, politics swell voter rolls (7/23/08)
• El Paso County Clerk's Office offers service to visually impaired (7/18/08)

Litigation

Active Cases

• Citizen Center v. Gessler (Improper Election Administration, Voting Technology)

Archived Cases

• Citizen Center v. Gessler (Improper Election Administration, Voting Technology)
• Colorado Common Cause v. Donetta Davidson (Provisional Ballots, Voter ID)
• Common Cause v. Coffman (Voter Registration, State Voter Registration Databases)
• Jason Napolitano v. Donetta Davidson (Selection of Presidential Electors)
• Lance v. Dennis (Redistricting)
• Marks v. Koch (Improper Election Administration, Freedom of Information)

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