§ 1-13.5-1204 — Challenge questions asked

Colorado § 1-13.5-1204

• Jurisdiction: Colorado
• Title 01: Elections
• Art.: Colorado Local Government Election Code

Text

(1) If a person offering to vote is
challenged as unqualified, one of the election judges shall tender to him or her the
following written oath or affirmation: You do solemnly swear or affirm that you will
fully and truly answer all such questions as are put to you regarding your place of
residence and qualifications as an eligible elector at this election.

(2) If the person is challenged as unqualified on the ground that he or she is
not a citizen and will not exhibit papers pertaining to naturalization, an election
judge shall ask the following question: Are you a citizen of the United States?

(3) If the person is challenged as unqualified on the ground that he or she is
not a resident of the local government, an election judge shall ask the following
questions:

(a) Have you resided in the local government immediately preceding this
election?

(b) Have you been absent from the local government immediately preceding
this election, and during that time have you maintained a home or domicile
elsewhere?

(c) If so, when you left, was it for a temporary purpose with the intent of
returning, or did you intend to remain away?

(d) Did you, while absent, look upon and regard this state as your home?

(e) Did you, while absent, vote in any other state or territory?

(4) If the person is challenged as ineligible because the person is not a
property owner or the spouse or civil union partner of a property owner, an election
judge shall ask the following questions:

(a) Are you a property owner or the spouse or civil union partner of a
property owner in this political subdivision and therefore eligible to vote?

(b) What is the address or, for special district elections where an address is
not available, the location of the property that entitles you to vote in this election?

(5) If the person is challenged as unqualified on the ground that the person is
not eighteen years of age, an election judge shall ask the following question: Are
you eighteen years of age or over to the best of your knowledge and belief?

(6) An election judge shall put all other questions to the person challenged
as may be necessary to test the person's qualifications as an eligible elector at the
election.

(7) If the person challenged answers satisfactorily all of the questions put to
him or her, the person shall sign his or her name on the form of the challenge after
the printed questions. The election judges shall indicate in the proper place on the
form of challenge whether the challenge was withdrawn and whether the
challenged voter refused to answer the questions and left the polling place without
voting.

Legislative History

Source: L. 2014: Entire article added, (HB 14-1164), ch. 2, p. 49, � 6, effective February 18.