§ 37-50-128 — Conduct of election

Colorado § 37-50-128

• Jurisdiction: Colorado
• Title 37: Water and
• Art.: Republican River 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 holding the election
is located shall perform for the district 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 the county clerk and recorders. The board and 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 an election by absent voter's ballot
under such terms and conditions, and in substantially the same manner insofar as is
practicable, as prescribed in article 7.5 of title 1, C.R.S., of the Uniform Election
Code of 1992, for general elections, except as specifically modified in this article.

(4) All acts required or permitted 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 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 or she is also an officer authorized to
administer oaths.

(5) Application may be made for an absent 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 affiliation or the lack thereof.

(7) The return envelope for the absent 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 the address of my residence is ............; that I am a person
qualified to vote in general elections in the state of Colorado and am a resident of
the Republican river water conservation district 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 shall
provide paper ballots for absent voters containing the same question as will be
submitted to the electors by the voting machines, subject to subsection (9) of this
section.

(9) The district may provide for voters to cast their mail 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.

(10) If there is a direct conflict between this section and the provisions
governing elections in section 20 of article X of the state constitution, section 20 of
article X of the state constitution shall prevail.

Legislative History

Source: L. 2004: Entire article added, p. 1920, � 1, effective August 4. L. 2008: (9) amended, p. 1913, � 127, effective August 5. L. 2009: (9) amended, (HB 09-1216), ch. 165, p. 731, � 12, effective August 5. L. 2013: (3) and (9) amended, (HB 13-1303), ch. 185, p. 752, � 137, effective May 10.