Postelection procedures - voting history - definitions.

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(1) Not later than sixty days after a state election, the county clerk and recorder shall generate a list of electors within the county who submitted more than one ballot for the election.

  1. If it is determined that an elector has voted more than once, the secretary of state orthe county clerk and recorder shall notify the proper district attorney for prosecution of a violation of this code.

  2. As used in this section, unless the context otherwise requires:

  1. "District of state concern" means a congressional district or a unique political subdivision with territory in more than one county and with its own enabling legislation, as identified by rules adopted by the secretary of state pursuant to section 1-1-104 (9.5).

  2. "State election" means a general, primary, or congressional vacancy election, a special legislative election involving more than one county, a ballot issue election involving a statewide ballot issue, or any election involving a candidate or ballot issue for a district of state concern.

(4) No later than March 1 of each year following a year in which a general election was held, the secretary of state shall distribute to each major and minor political party, free of charge, a list of individuals who actually voted in such election. Such list may be in the form of a computer list.

Source: L. 92: Entire article R&RE, p. 664, § 2, effective January 1, 1993. L. 95: Entire section amended, p. 180, § 4, effective April 7. L. 2000: (1) amended and (3) and (4) added, p. 1758, § 3, effective January 1, 2001. L. 2007: (1) amended, p. 1777, § 8, effective June 1. L. 2009: (1) and (2) amended, (HB 09-1018), ch. 158, p. 683, § 4, effective August 5. L. 2013: (1) amended, (HB 13-1303), ch. 185, p. 698, § 21, effective May 10. L. 2016: (1) and (2) amended, (SB 16-142), ch. 173, p. 573, § 21, effective May 18.

Editor's note: This section is similar to former § 1-2-305 as it existed prior to 1992.

Cross references: In 2013, subsection (1) was amended by the "Voter Access and Modernized Elections Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013.


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