Colorado § 31-10-1008 Challenge of absentee ballots - rejection - record

Colorado Statutes

§ 31-10-1008 — Challenge of absentee ballots - rejection - record

Colorado·Title 31 Government·Art. Municipal Election Code

(1)The vote of any absentee voter may be challenged in the same manner as other votes are challenged, and the judges of election shall have power to determine the legality of such ballot. If the challenge is sustained or if the judges determine that the self-affirmation accompanying the absentee voter's ballot is insufficient or that the voter is not a registered elector, the envelope containing the ballot of such voter shall not be opened, and the judges shall endorse on the back of the envelope the reason therefor. When it is made to appear to the judges of election by sufficient proof that any absentee voter who has marked and forwarded his or her ballot has died, the envelope containing the ballot of such deceased voter shall not be opened, and the judges shall make proper no

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(1) The vote
of any absentee voter may be challenged in the same manner as other votes are
challenged, and the judges of election shall have power to determine the legality of
such ballot. If the challenge is sustained or if the judges determine that the self-affirmation accompanying the absentee voter's ballot is insufficient or that the
voter is not a registered elector, the envelope containing the ballot of such voter
shall not be opened, and the judges shall endorse on the back of the envelope the
reason therefor. When it is made to appear to the judges of election by sufficient
proof that any absentee voter who has marked and forwarded his or her ballot has
died, the envelope containing the ballot of such deceased voter shall not be
opened, and the judges shall make proper notation on the back of such envelope. If
an absentee voter's envelope contains more than one marked ballot of any one kind,
none of such ballots shall be counted, and the judges shall make notation on the
back of the ballots the reason therefor. Judges of election shall certify in their
returns the number of absentee voters' ballots cast and counted and the number of
such ballots rejected.

(2) All absentee voters' identification envelopes, ballot stubs, and absentee
voters' ballots rejected by the judges of election in accordance with the provisions
of this section shall be returned to the clerk. All absentee voters' ballots received
by the clerk after 7 p.m. the day of the election, together with those rejected and
returned by the judges of election, as provided in this section, shall remain in the
sealed identification envelopes and be destroyed later, as provided in section 31-10-616.

(3) If an absentee voter's ballot is not returned or if it is rejected and not
counted, such fact shall be noted on the record kept by the clerk. Such record shall
be open to public inspection under proper regulations.

Colorado § 31-10-1008 (Challenge of absentee ballots - rejection - record) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

Source: L. 75: Entire title R&RE, p. 1063, � 1, effective July 1. L. 91: (1) amended, p. 642, � 91, effective May 1. L. 93: (2) amended, p. 1711, � 14, effective July 1. L. 2014: Entire section amended, (HB 14-1164), ch. 2, p. 68, � 24, effective February 18.