§ 31-10-1010 — Emergency absentee voting - definition

Colorado § 31-10-1010

• Jurisdiction: Colorado
• Title 31: Government
• Art.: Municipal Election Code

Text

(1) (a) If the voter is
confined in a hospital or his or her place of residence on election day because of
conditions arising after the closing day for absent voters' ballot applications, the
voter may request in a written statement, signed by him or her, that the clerk send
him or her an absent voter's ballot with the word EMERGENCY stamped on the
stubs thereof. The clerk shall deliver the emergency absent voter's ballot at his or
her office, during the regular hours of business, to any authorized representative of
the voter possessing a written statement from the voter's physician, physician
assistant authorized under section 12-240-107 (6), advanced practice registered
nurse, or practitioner that the voter will be confined in a hospital or his or her place
of residence on election day. For the purposes of this subsection (1)(a), authorized
representative means a person possessing a written statement from the voter
containing the voter's signature, name, and address and requesting that the
emergency absent voter's ballot be given to the authorized person as identified by
name and address. The authorized person shall acknowledge receipt of the
emergency ballot with his or her signature, name, and address.

(b) A request for an emergency absent voter's ballot under this section shall
be made before, and the ballot shall be returned to the clerk's office no later than, 7
p.m. on election day.

(2) Any voter unable to go to the polls because of conditions arising after the
closing day for absent voters' ballot applications which will result in his absence
from the precinct on election day may apply at the office of the clerk for an
emergency absent voter's ballot. Upon receipt of an affidavit signed by the voter on
a form provided by the clerk and attesting to the fact that the voter will be
compelled to be absent from his precinct on election day because of conditions
arising after the closing day for absent voters' ballot applications, the clerk shall
provide the voter with an absent voter's ballot, with the word EMERGENCY
stamped on the stubs thereof.

(3) After marking his ballot, the voter shall place it in a return envelope
provided by the clerk. He shall then fill out and sign the self-affirmation on the
envelope, as provided in section 31-10-1003, on or before election day and return it
to the office of the clerk. Upon receipt of the envelope, the clerk shall verify the
voter's name on the return envelope with that which appears on his office precinct
record and, if they compare, shall deliver the envelope to the election judges, as
provided in section 31-10-1006.

Legislative History

Source: L. 79: Entire section added, p. 1181, � 26, effective July 1. L. 81: (1)(b) and (2) amended, p. 1506, � 28, effective July 1. L. 91: (3) amended, p. 643, � 93, effective May 1. L. 93: (1)(b) amended, p. 1712, � 15, effective July 1. L. 2008: (1)(a) amended, p. 135, � 28, effective January 1, 2009. L. 2016: (1)(a) amended, (SB 16-158), ch. 204, p. 729, � 23, effective August 10. L. 2019: (1)(a) amended, (HB 19-1172), ch. 136, p. 1719, � 217, effective October 1.