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Home » US Law » 2022 Colorado Code » Title 1 - Elections » Article 8.5 - Provisional Ballots

§ 1-8.5-101. Provisional Ballot – Entitlement to Vote

(1) At any election conducted pursuant to this title, a voter claiming to be properly registered but whose qualification or entitlement to vote cannot be immediately established upon examination of the registration list or upon examination of the records on file with the county clerk and recorder by election judges at the polling location is […]

§ 1-8.5-101.5. Electronic Voting Device – Use for Casting Provisional Ballot

(1) An electronic voting device may be used to cast a provisional ballot if the device is certified by the secretary of state for that purpose. (2) If an electronic voting device that is certified for use with provisional ballots is used in an election, the designated election official shall determine whether electors casting provisional […]

§ 1-8.5-102. Form of Provisional Ballot

(1) A provisional ballot shall contain text clearly identifying it as a provisional ballot. (2) An elector casting a provisional ballot shall complete an affidavit and receive information and instructions on the voting and handling of provisional ballots. The secretary of state shall prescribe by rules promulgated in accordance with article 4 of title 24, […]

§ 1-8.5-103. Provisional Ballot Affidavit

(1) The provisional ballot affidavit shall contain language prescribed by the secretary of state by rule and shall include an attestation, a notice of perjury, a warning of the penalty for falsifying the affidavit, and information sufficient to verify the elector’s eligibility to vote and to register the elector to vote or transfer the elector’s […]

§ 1-8.5-104. Voting Procedure – Provisional Ballot

(1) An elector casting a provisional ballot shall complete and sign the provisional ballot affidavit and cast the ballot. (2) The fact that an elector casts a provisional ballot shall be indicated on the signature card or pollbook next to the elector’s name. (3) The election judge shall examine the provisional ballot affidavit. If the […]

§ 1-8.5-105. Verification of Provisional Ballot Information – Counting Procedure

(1) In accordance with this section and using the procedures and databases prescribed by the secretary of state by rules promulgated in accordance with article 4 of title 24, C.R.S., the designated election official shall attempt to verify that an elector who cast a provisional ballot is eligible to vote. The designated election official or […]

§ 1-8.5-106. Counting of Provisional Ballots

If the designated election official verifies that an elector who cast a provisional ballot in accordance with this article is eligible to vote, the provisional ballot shall be counted. If the elector’s registration cannot be verified, the ballot shall not be counted. Source: L. 2005: Entire article added, p. 1417, § 39, effective June 6; […]

§ 1-8.5-110. Handling of Provisional Ballots – Reporting of Results

(1) Provisional ballots shall be kept separate from all other ballots and counted separately. (2) If twenty-five or more provisional ballots are cast and counted in a county, the designated election official shall report the results of voting by provisional ballot as a separate total. If fewer than twenty-five provisional ballots are cast and counted, […]

§ 1-8.5-111. Information System

For any election held on or after January 1, 2004, in which a provisional ballot is cast, the county clerk and recorder or designated election official shall establish a system allowing an elector who cast a provisional ballot to discover whether the ballot was counted and, if the ballot was not counted, the reason the […]

§ 1-8.5-112. Rules

The secretary of state shall promulgate all appropriate rules in accordance with article 4 of title 24, C.R.S., for the purpose of ensuring the uniform application of this article. Source: L. 2005: Entire article added, p. 1419, § 39, effective June 6; entire article added, p. 1454, § 39, effective June 6.