(1) (a) Except as provided in subsection (5) of this section, in every mail ballot election that is coordinated with or conducted by the county clerk and recorder, an election judge shall compare the signature on the self-affirmation on each return envelope with the signature of the eligible elector stored in the statewide voter registration system in accordance with subsections (2), (3), and (4) of this section.
(b) (Deleted by amendment, L. 2008, p. 356, 2, effective April 10, 2008.)
(1.5) (a) If an eligible elector returns a ballot but does not have a signature stored in the statewide voter registration system, the county clerk and recorder shall, within three days after the missing signature is confirmed, but in no event later than two days after election day, send to the eligible elector at the address indicated in the registration records and to the eligible elector's electronic mail address if available a letter explaining the need for a signature for verification purposes and a form with instructions for the eligible elector to:
Confirm that the eligible elector returned a ballot to the county clerk and recorder;
Provide a copy of the eligible elector's identification as defined in section 1-1-104
(19.5); and
(III) Provide a signature for verification in accordance with this section.
If the county clerk and recorder receives the form within eight days after election dayconfirming that the eligible elector returned a ballot to the county clerk and recorder and enclosing a copy of the eligible elector's identification as defined in section 1-1-104 (19.5), and if the ballot is otherwise valid, the ballot shall be counted. If the eligible elector returns the form indicating that the eligible elector did not return a ballot to the county clerk and recorder, or if the eligible elector does not return the form within eight days after election day or does not enclose identification, the ballot shall not be counted.
An original return envelope containing a voted ballot that is not counted in accordance with subsection (1.5)(b) of this section shall be stored under seal as an election record in the office of the county clerk and recorder in a secure location separate from valid return envelopes and may be removed only under the authority of the district attorney or by order of a court having jurisdiction.
(2) (a) If, upon comparing the signature of an eligible elector on the self-affirmation on the return envelope with the signature of the eligible elector stored in the statewide voter registration system, the election judge determines that the signatures do not match, or if a signature verification device used pursuant to subsection (5) of this section is unable to determine that the signatures match, two other election judges of different political party affiliations shall simultaneously compare the signatures. If both other election judges agree that the signatures do not match, the county clerk and recorder shall, within three days after the signature deficiency has been confirmed, but in no event later than two days after election day, send to the eligible elector at the address indicated in the registration records and to the eligible elector's electronic mail address if available a letter explaining the discrepancy in signatures and a form for the eligible elector to confirm that the elector returned a ballot to the county clerk and recorder. If the county clerk and recorder receives the form within eight days after election day confirming that the elector returned a ballot to the county clerk and recorder and enclosing a copy of the elector's identification as defined in section 1-1-104 (19.5), and if the ballot is otherwise valid, the ballot shall be counted. If the eligible elector returns the form indicating that the elector did not return a ballot to the county clerk and recorder, or if the eligible elector does not return the form within eight days after election day, the self-affirmation on the return envelope shall be categorized as incorrect, the ballot shall not be counted, and the county clerk and recorder shall send copies of the eligible elector's signature on the return envelope and the signature stored in the statewide voter registration system to the district attorney for investigation.
An original return envelope containing a voted ballot that is not counted in accordance with subsection (2)(a) of this section shall be stored under seal in the office of the county clerk and recorder in a secure location separate from valid return envelopes and may be removed only under the authority of the district attorney or by order of a court having jurisdiction.
In the case of a disagreement among the election judges as to whether the signatureof an eligible elector on the self-affirmation on the return envelope matches the signature of the eligible elector stored in the statewide voter registration system pursuant to the procedures specified in paragraph (a) of this subsection (2), the signatures are deemed to match, and the election judge shall follow the procedures specified in section 1-7.5-107 (6) concerning the qualification and counting of mail ballots.
If the election judge determines that the signature of an eligible elector on the selfaffirmation matches the elector's signature stored in the statewide voter registration system, the election judge shall follow the procedures specified in section 1-7.5-107 (6) concerning the qualification and counting of mail ballots.
(a) An election judge shall not determine that the signature of an eligible elector on the self-affirmation does not match the signature of that eligible elector stored in the statewide voter registration system solely on the basis of substitution of initials or use of a common nickname.
(b) The county clerk and recorder shall provide training in the technique and standards of signature comparison to election judges who compare signatures pursuant to this section.
(5) (a) A county clerk and recorder may allow an election judge to use a signature verification device to compare the signature on the self-affirmation on a return envelope of an eligible elector's ballot with the signature of the elector stored in the statewide voter registration system in accordance with this subsection (5) and any rules promulgated by the secretary of state pursuant to subsection (6) of this section.
(b) If a signature verification device determines that the signature on the self-affirmation on a return envelope of an eligible elector's ballot matches the signature of the elector stored in the statewide voter registration system, the signature on the self-affirmation is deemed verified, and the election judge shall follow the procedures specified in section 1-7.5-107 (6) concerning the qualification and counting of mail ballots. If a signature verification device is unable to determine that the signature on the self-affirmation on a return envelope of an eligible elector's mail ballot matches the signature of the elector stored in the statewide voter registration system, an election judge shall compare the signatures in accordance with subsections (2), (3), and (4) of this section.
(5.5) The county clerk and recorder shall ensure the privacy of each elector's vote when election judges are removing and separating marked ballots from return envelopes. If the county clerk and recorder chooses not to include a secrecy envelope or sleeve in the mail ballot packet, he or she must notify the secretary of state in the election plan required under section 1-7.5-105 (1) and must also explain the county's process for ensuring the privacy of marked ballots. The secretary of state shall promulgate rules to ensure the privacy of each elector's vote.
The secretary of state shall adopt rules in accordance with article 4 of title 24, C.R.S.,establishing procedures for using signature verification devices to process ballots used in mail ballot elections pursuant to this article.
Each county clerk and recorder shall, as soon as practical, develop and implementoptions for electors to electronically provide necessary documentation for signature verification.
Source: L. 2003: Entire section added, p. 1280, § 7, effective April 22; entire section added, p. 1438, § 2, effective April 29. L. 2004: (2)(c) amended, p. 1186, § 3, effective August 4. L. 2005: (2)(a) amended, p. 1411, § 29, effective June 6; (2)(a) amended, p. 1446, § 29, effective June 6. L. 2008: (1), (2)(a), (2)(c), (3), and (4)(a) amended and (5) added, p. 356, § 2, effective April 10. L. 2009: (2)(a) amended, (HB 09-1337), ch. 262, p. 1201, § 2, effective August 5. L. 2010: Entire section amended, (HB 10-1116), ch. 194, p. 835, § 21, effective May 5. L. 2013: (4)(b) and (5)(a) amended and (6) added, (HB 13-1303), ch. 185, p. 733, § 88, effective May 10. L. 2014: (4)(b) amended, (SB 14-161), ch. 160, p. 564, § 18, effective May 9.
L. 2018: (2)(b) amended and (5.5) added, (SB 18-233), ch. 262, p. 1613, § 29, effective May 29. L. 2019: (2)(a) amended, (HB 19-1278), ch. 326, p. 3033, § 42, effective August 2; (1.5) and (7) added, (SB 19-235), ch. 329, p. 3055, § 7, effective July 1, 2020.
Editor's note: Amendments to this section by House Bill 03-1241 and Senate Bill 03102 were harmonized.
Cross references: (1) In 2013, subsections (4)(b) and (5)(a) were amended and subsection (6) was added 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.
(2) For the short title ("Colorado Votes Act") in HB 19-1278, see section 1 of chapter 326, Session Laws of Colorado 2019.