§ 1-6-119 — Removal of election judge by designated election official

Colorado § 1-6-119

• Jurisdiction: Colorado
• Title 01: Elections
• Art.: Election Judges

Text

(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.

Legislative History

Source: L. 92: Entire article R&RE, p. 730, � 8, effective January 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. L. 2024: (1) amended, (SB 24-210), ch. 468, p. 3251, � 23, effective June 6.