§ 1-5-101 — Establishing precincts and polling places for partisan elections

(1)
Subject to approval by the board of county commissioners, the county clerk and
recorder of each county shall divide the county into as many election precincts for
all general, primary, and congressional vacancy elections as is convenient for the
eligible electors of the county and shall designate the place for each precinct at
which elections are to be held. In establishing boundaries, the board of county
commissioners shall take into consideration natural and artificial boundaries that
meet the requirements of the United States bureau of the census. The precincts
shall be numbered in accordance with section 1-5-101.5. Changes in the precinct
boundaries of a county shall be made only within the district boundaries of each
representative and senatorial district.

(2) Repealed.

(3) (a) Every county clerk and recorder, subject to approval by the board of
county commissioners, shall establish at least one precinct for every one thousand
five hundred active eligible electors in the county at the time of the most recent
federal decennial census. However, the county clerk and recorder, subject to
approval by the board, may establish one precinct for every two thousand active
eligible electors.

(b) The precincts established by the county clerk and recorder in subsection
(3)(a) of this section need not be modified until the precincts have more than twice
as many active eligible electors as they did at the time of the most recent federal
decennial census, or when they were established by the county clerk and recorder,
whichever is later.

(4) Repealed.

(5) Notwithstanding section 1-5-103, and except as otherwise required by
federal law, in order to facilitate the preparation of a computerized database for
use in the redistricting process that will take place after the decennial census in
years ending in the number zero, the precinct boundaries established by the county
clerk and recorder of each county, subject to approval by the board of county
commissioners, that are used in the general election in years ending in the number
eight shall remain in effect until after the general election in years ending in the
number zero; except that the precincts so established may be subdivided within the
boundaries of the original precinct and adjacent precincts may be aggregated for
purposes of data collection. In establishing precinct boundaries pursuant to the
provisions of this subsection (5), county clerk and recorders and boards of county
commissioners shall, to the extent reasonably possible, utilize natural and man-made boundaries that meet the requirements for visible features adopted by the
United States bureau of the census. If the precinct boundaries used in the general
election in years ending in the number eight are changed prior to the next general
election in years ending in the number zero pursuant to federal law, the county
clerk and recorders shall timely submit in writing to the director of research of the
legislative council a list showing the precincts for which the boundaries have
changed.

(6) Repealed.

(7) In any county, the county clerk and recorder may alter the precinct
boundaries when necessary to ensure that no precinct is located in more than one
county commissioner district.

Legislative History

Source: L. 92: Entire article R&RE, p. 700, � 8, effective January 1, 1993. L. 95: Entire section amended, p. 835, � 45, effective July 1. L. 97: (5) added, p. 1056, � 2, effective May 27; (4) added, p. 5, � 1, effective August 6. L. 98: (6) added, p. 635, � 8, effective May 6. L. 99: (4) amended, p. 1389, � 7, effective June 4. L. 2000: (1) amended, p. 265, � 2, effective August 2. L. 2004: (4) repealed, p. 1104, � 2, effective May 27; (3) amended, p. 1343, � 4, effective May 28. L. 2007: (6) amended, p. 1778, � 12, effective June 1. L. 2008: (5) amended, p. 1743, � 4, effective July 1. L. 2013: (6) amended, (HB 13-1303), ch. 185, p. 703, � 29, effective May 10. L. 2021: (2) repealed, (3) amended, and (7) added, (HB 21-1047), ch. 70, p. 288, � 5, effective April 29.