§ 37-47-137 — Conduct of election

Colorado § 37-47-137

• Jurisdiction: Colorado
• Title 37: Water and
• Art.: Southwestern Water Conservation District

Text

(1) Except as otherwise provided in this
article, an election held pursuant to this article shall be opened and conducted in
the manner then provided by the laws of this state for the conduct of general
elections.

(2) If an election is held concurrently with a primary or general election, the
county clerk and recorder of each county in which the district or subdistrict holding
the debt election is located shall perform for the district or subdistrict election the
acts provided by law to be performed by such officials. If an election is not held
concurrently with a primary or general election, such acts shall be performed by the
secretary of the district with the assistance of such county clerk and recorders. The
board of directors and such county clerk and recorders are authorized to agree
among themselves upon the division of such acts and the determination of persons
to perform them.

(3) An elector of the district may vote in any election by absentee voter's
ballot under such terms and conditions, and in substantially the same manner
insofar as is practicable, as prescribed in article 13.5 of title 1, C.R.S., of the
Uniform Election Code of 1992, except as specifically modified in this article.

(4) All acts required or permitted therein to be performed by a county clerk
and recorder shall be performed by each one respectively in the event of a primary
or general election and by the secretary or assistant secretary of the board of
directors in the event of any other election, unless the services of the county clerk
and recorder in each such county are contracted for, but no oath shall be
administered by the secretary or assistant secretary unless he is also an officer
authorized to administer oaths.

(5) Application may be made for an absentee voter's ballot not more than
twenty days and not less than four days before the election.

(6) No consideration shall be given nor distinction made with reference to
any person's political party affiliation or the lack thereof.

(7) The return envelope for the absentee voter's ballot shall have printed on
its face an affidavit substantially in the following form:

State of Colorado, County of ........., I, .........., being first duly sworn according to law,
depose and say that my residence and post-office address is ....................; that I am a
person qualified to vote in general elections in the State of Colorado and am a
resident of the Southwestern Water Conservation District or Water Users'
Association No. ...... or Special Improvement District No. ...... in the Southwestern
Water Conservation District, as may be appropriate, at the time of this election.

...................................................

Signature of voter

Subscribed and sworn to before me this ... day of............, 20....

...................................................

(Signature of notary public,

county clerk and recorder,

or other officer authorized

to administer oaths)

(SEAL)

...................................................

Title of office

(8) In any such election at which voting machines are used, the board of
directors shall provide paper ballots for absentee voters containing the same
question as is to be submitted to the electors by the voting machines, subject to the
provisions of subsection (9) of this section.

(9) The district or subdistrict may provide for mail voters to cast their mail
voters' ballots on voting machines expressly provided for that purpose, if each mail
voter indicates by affidavit that he or she is qualified to vote at the election and will
be a mail voter, pursuant to article 13.5 of title 1, C.R.S., and all laws supplemental
thereto.

Legislative History

Source: L. 77: Entire section added, p. 1660, � 10, effective June 9. L. 80: (3) and (9) amended, p. 416, � 34, effective January 1, 1981. L. 96: (9) amended, p. 1775, � 82, effective July 1. L. 2008: (9) amended, p. 1913, � 125, effective August 5. L. 2009: (9) amended, (HB 09-1216), ch. 165, p. 730, � 10, effective August 5. L. 2013: (3) amended, (HB 13-1303), ch. 185, p. 751, � 135, effective May 10; (3) amended, (HB 13-1300), ch. 316, p. 1699, � 113, effective August 7. L. 2014: (3), (5), IP(7), (8), and (9) amended, (HB 14-1164), ch. 2, p. 76, � 49, effective February 18.