(1) (a) Except as provided in
subsection (5) of this section, in every mail ballot election that is coordinated with
or conducted by the county clerk and recorder, an election judge shall compare the
signature on the self-affirmation on each return envelope with the signature of the
eligible elector stored in the statewide voter registration system in accordance with
subsections (2), (3), and (4) of this section.
(b) (Deleted by amendment, L. 2008, p. 356, � 2, effective April 10, 2008.)
(1.5) (a) If an eligible elector returns a ballot but does not have a signature
stored in the statewide voter registration system, the county clerk and recorder
shall, within three days after the missing signature is confirmed, but in no event
later than two days after election day, send to the eligible elector at the address
indicated in the registration records and to the eligible elector's electronic mail
address if available a letter explaining the need for a signature for verification
purposes and a form with instructions for the eligible elector to:
(I) Confirm that the eligible elector returned a ballot to the county clerk and
recorder;
(II) Provide a copy of the eligible elector's identification as defined in section
1-1-104 (19.5); and
(III) Provide a signature for verification in accordance with this section.
(b) If the county clerk and recorder receives the form within eight days after
election day confirming that the eligible elector returned a ballot to the county
clerk and recorder and enclosing a copy of the eligible elector's identification as
defined in section 1-1-104 (19.5), and if the ballot is otherwise valid, the ballot shall
be counted. If the eligible elector returns the form indicating that the eligible
elector did not return a ballot to the county clerk and recorder, or if the eligible
elector does not return the form within eight days after election day or does not
enclose identification, the ballot shall not be counted.
(c) An original return envelope containing a voted ballot that is not counted
in accordance with subsection (1.5)(b) of this section shall be stored under seal as
an election record in the office of the county clerk and recorder in a secure location
separate from valid return envelopes and may be removed only under the authority
of the district attorney or by order of a court having jurisdiction.
(d) (I) The county clerk and recorder or designated election official, within
twenty-four hours of receiving the eligible elector's signed form and identification
in compliance with subsection (1.5)(b) of this section, shall update the statewide
voter registration system to indicate that the eligible elector has cured the
deficiency on their ballot. The clerk and recorder or designated election official is
not required to update the statewide voter registration system pursuant to this
subsection (1.5)(d) on a Saturday, Sunday, or a legal holiday unless, on the Thursday
immediately following election day, the clerk and recorder or designated election
official's review of the remaining number of letters issued but not returned
pursuant to subsections (1.5)(a) and (2)(a) of this section and section 1-7.5-107
(3.5)(d)(I) indicates that the margin for any ballot contest or ballot question is
greater than the remaining number of letters issued to voters eligible to vote on a
particular ballot contest or ballot question could not potentially move the margin of
that ballot contest or ballot question into a mandatory recount pursuant to section
1-10.5-101 (1)(b), if returned.
(II) For state-certified ballot contests and ballot measures, the secretary of
state's office shall complete the review pursuant to subsection (1.5)(d)(I) of this
section.
(2) (a) If, upon comparing the signature of an eligible elector on the self-affirmation on the return envelope with the signature of the eligible elector stored
in the statewide voter registration system, the election judge determines that the
signatures do not match, or if a signature verification device used pursuant to
subsection (5) of this section is unable to determine that the signatures match, two
other election judges of different political party affiliations shall simultaneously
compare the signatures. If both other election judges agree that the signatures do
not match, the county clerk and recorder shall, within three days after the signature
deficiency has been confirmed, but in no event later than two days after election
day, send to the eligible elector at the address indicated in the registration records
and to the eligible elector's electronic mail address if available a letter explaining
the discrepancy in signatures and a form for the eligible elector to confirm that the
elector returned a ballot to the county clerk and recorder. If the county clerk and
recorder receives the form within eight days after election day confirming that the
elector returned a ballot to the county clerk and recorder and enclosing a copy of
the elector's identification as defined in section 1-1-104 (19.5), and if the ballot is
otherwise valid, the ballot shall be counted. If the eligible elector returns the form
indicating that the elector did not return a ballot to the county clerk and recorder,
or if the eligible elector does not return the form within eight days after election
day, the self-affirmation on the return envelope shall be categorized as incorrect,
the ballot shall not be counted, and the county clerk and recorder shall send copies
of the eligible elector's signature on the return envelope and the signature stored in
the statewide voter registration system to the district attorney for investigation.
(b) An original return envelope containing a voted ballot that is not counted
in accordance with subsection (2)(a) of this section shall be stored under seal in the
office of the county clerk and recorder in a secure location separate from valid
return envelopes and may be removed only under the authority of the district
attorney or by order of a court having jurisdiction.
(c) In the case of a disagreement among the election judges as to whether
the signature of an eligible elector on the self-affirmation on the return envelope
matches the signature of the eligible elector stored in the statewide voter
registration system pursuant to the procedures specified in paragraph (a) of this
subsection (2), the signatures are deemed to match, and the election judge shall
follow the procedures specified in section 1-7.5-107 (6) concerning the qualification
and counting of mail ballots.
(d) (I) The county clerk and recorder or designated election official, within
twenty-four hours of receiving an eligible elector's signed form and identification in
compliance with subsection (2)(a) of this section, shall update the statewide voter
registration system to indicate that the eligible elector has cured the deficiency on
their ballot. The clerk and recorder or designated election official is not required to
update the statewide voter registration system pursuant to this subsection (2)(d) on
a Saturday, Sunday, or legal holiday unless, on the Thursday immediately following
election day, the clerk and recorder or designated election official's review of the
remaining number of letters issued but not returned pursuant to subsections (1.5)(a)
and (2)(a) of this section and section 1-7.5-107 (3.5)(d)(I) indicates that the margin
for any ballot contest or ballot question is greater than the remaining number of
letters issued or indicates that the remaining number of letters issued to voters
eligible to vote on a particular ballot contest or ballot question could not potentially
move the margin of that ballot contest or ballot question into a mandatory recount
pursuant to section 1-10.5-101 (1)(b), if returned.
(II) For state-certified ballot contests and ballot measures, the secretary of
state's office shall complete the review pursuant to subsection (2)(d)(I) of this
section.
(3) If the election judge determines that the signature of an eligible elector
on the self-affirmation matches the elector's signature stored in the statewide
voter registration system, the election judge shall follow the procedures specified
in section 1-7.5-107 (6) concerning the qualification and counting of mail ballots.
(4) (a) An election judge shall not determine that the signature of an eligible
elector on the self-affirmation does not match the signature of that eligible elector
stored in the statewide voter registration system solely on the basis of substitution
of initials or use of a common nickname.
(b) The county clerk and recorder shall provide training in the technique and
standards of signature comparison to election judges who compare signatures
pursuant to this section.
(5) (a) A county clerk and recorder may allow an election judge to use a
signature verification device to compare the signature on the self-affirmation on a
return envelope of an eligible elector's ballot with the signature of the elector
stored in the statewide voter registration system in accordance with this subsection
(5) and any rules promulgated by the secretary of state pursuant to subsection (6)
of this section.
(b) If a signature verification device determines that the signature on the
self-affirmation on a return envelope of an eligible elector's ballot matches the
signature of the elector stored in the statewide voter registration system, the
signature on the self-affirmation is deemed verified, and the election judge shall
follow the procedures specified in section 1-7.5-107 (6) concerning the qualification
and counting of mail ballots. If a signature verification device is unable to determine
that the signature on the self-affirmation on a return envelope of an eligible
elector's mail ballot matches the signature of the elector stored in the statewide
voter registration system, an election judge shall compare the signatures in
accordance with subsections (2), (3), and (4) of this section.
(5.5) The county clerk and recorder shall ensure the privacy of each elector's
vote when election judges are removing and separating marked ballots from return
envelopes. If the county clerk and recorder chooses not to include a secrecy
envelope or sleeve in the mail ballot packet, he or she must notify the secretary of
state in the election plan required under section 1-7.5-105 (1) and must also explain
the county's process for ensuring the privacy of marked ballots. The secretary of
state shall promulgate rules to ensure the privacy of each elector's vote.
(6) The secretary of state shall adopt rules in accordance with article 4 of
title 24, C.R.S., establishing procedures for using signature verification devices to
process ballots used in mail ballot elections pursuant to this article.
(7) Each county clerk and recorder shall, as soon as practical, develop and
implement options for electors to electronically provide necessary documentation
for signature verification.