(1) (a) All polling locations must be open continuously from 7 a.m. until 7 p.m. on election day. If a full set of election judges is not present at the hour of 7 a.m. and it is necessary for judges to be appointed to conduct the election as provided in section 1-6-113, the election may commence when two judges who are not of the same political affiliation for partisan elections are present at any hour before the time for closing the polling locations. The polling locations shall remain open after 7 p.m. until every eligible elector who was at the polling location at or before 7 p.m. has been allowed to vote. Except as provided in subsection (1)(b) of this section, any person arriving after 7 p.m. is not entitled to vote.
(b) (I) Any person may petition the district court for the county in which a polling location is located for an order requiring a polling location to remain open after 7 p.m. on election day. The district court shall grant the petition upon a finding that access to or voting at the polling location has been substantially impaired due to inclement weather, equipment failure, technological problems, voter suppression activities, a shortage of supplies, or other exigent circumstance.
If the condition impairing voting at or access to polling locations affects pollinglocations in more than one county, any person may petition the district court of the city and county of Denver for an order requiring the secretary of state to order all polling locations in all affected counties to remain open after 7 p.m. on election day. The district court shall grant the petition upon a finding that access to or voting at one or more polling locations in the affected counties has been substantially impaired due to inclement weather, equipment failure, technological problems, voter suppression activities, a shortage of supplies, or other exigent circumstance.
If an order is issued in accordance with this subsection (1)(b), every eligible electorwho was at a polling location affected by the order at or before the closing time specified in the order shall be allowed to vote. The court shall not order polling locations to remain open for more than an additional six hours.
(2) Upon the opening of the polls, a proclamation shall be made by one of the judges that the polls are open, and, thirty minutes before the closing of the polls, a proclamation shall be made that the polls will close in thirty minutes.
Source: L. 92: Entire article R&RE, p. 731, § 9, effective January 1, 1993. L. 98: (1) amended, p. 583, § 17, effective April 30. L. 2013: (1) amended, (HB 13-1303), ch. 185, p. 718, § 59, effective May 10. L. 2019: (1) amended, (HB 19-1278), ch. 326, p. 3027, § 35, effective August 2.
Editor's note: This section is similar to former § 1-7-101 as it existed prior to 1992.
Cross references: (1) For the date of general and primary elections, see § 1-1-104 (17) and (32).
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.
For the short title ("Colorado Votes Act") in HB 19-1278, see section 1 of chapter326, Session Laws of Colorado 2019.