(1) (a) A person's right to vote at a polling location or in an election may be challenged.
If a person whose right to vote is challenged at a polling location refuses to answerthe questions asked or sign the challenge form in accordance with section 1-9-203 or take the oath pursuant to section 1-9-204, the person shall be offered a provisional ballot. If the person casts a provisional ballot, the election judge shall attach the challenge form to the provisional ballot envelope and indicate "Challenge" on the provisional ballot envelope.
An election judge shall challenge any person intending to vote who the judge believes is not an eligible elector. In addition, challenges may be made by watchers or any eligible elector of the precinct.
A challenge at a polling location shall be made in the presence of the person whoseright to vote is challenged.
Source: L. 80: Entire article R&RE, p. 381, § 1, effective January 1, 1981. L. 92: Entire article amended, p. 772, § 12, effective January 1, 1993. L. 2005: Entire section amended, p. 1419, § 40, effective June 6; entire section amended, p. 1454, § 40, effective June 6. L. 2013: (1) and (3) amended, (HB 13-1303), ch. 185, p. 746, § 112, effective May 10.
Editor's note: This section is similar to former § 1-8-102 as it existed prior to 1980.
Cross references: In 2013, subsections (1) and (3) were 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.
Challenge to be made by written oath. Each challenge shall be made by written oath, shall set forth the name of the person challenged and the specific factual basis for the challenge of the person's right to vote, and shall be signed by the challenger under penalty of perjury in the second degree, as specified in section 1-13-104. The election judges shall forthwith deliver all challenges to the designated election official. No oral challenge shall be permitted.
Source: L. 80: Entire article R&RE, p. 381, § 1, effective January 1, 1981. L. 92: Entire article amended, p. 773, § 12, effective January 1, 1993. L. 2005: Entire section amended, p. 1420, § 41, effective June 6; entire section amended, p. 1455, § 41, effective June 6.
Editor's note: This section is similar to former § 1-8-103 as it existed prior to 1980.
Cross references: For oaths and affirmations generally, see article 12 of title 24.
Challenge questions asked person intending to vote.
(Deleted by amendment, L. 2005, pp. 1420, 1455, §§ 42, 42, effective June 6, 2005.)
If the person is challenged as not eligible because the person is not a citizen, anelection judge shall ask the following question:
Are you a citizen of the United States?
(Deleted by amendment, L. 93, p. 1432, § 109, effective July 1, 1993.)
(3) If the person is challenged as not eligible because the person has not resided in this state for twenty-two days immediately preceding the election, an election judge shall ask the following questions:
Have you resided in this state for the twenty-two days immediately preceding thiselection?
Have you been absent from this state during the twenty-two days immediately preceding this election, and during that time have you maintained a home or domicile elsewhere?
If so, when you left, was it for a temporary purpose with the intent of returning, ordid you intend to remain away?
Did you, while absent, look upon and regard this state as your home?
Did you, while absent, vote in any other state or any territory of the United States?
(a) If the person is challenged as not eligible to vote in an election other than a primary election because the person will not be eighteen years of age or older on or before election day, an election judge shall ask the following question: To the best of your knowledge and belief, will you be eighteen years of age or older on election day?
If the person is challenged as not eligible to vote in a primary election because theperson will not be eighteen years of age on or before the date of the next general election, an election judge shall ask the following question: To the best of your knowledge and belief, are you at least seventeen years of age and will you be at least eighteen years of age on or before the date of the next general election?
If the person is challenged as not eligible because the person is not a property owneror the spouse or civil union partner of a property owner, an election judge shall ask the following questions:
Are you a property owner or the spouse or civil union partner of a property owner inthis political subdivision and therefore eligible to vote?
What is the address or, for special district elections where an address is not available,the location of the property which entitles you to vote in this election?
An election judge shall put all other questions to the person challenged as may benecessary to test the person's qualifications as an eligible elector at the election.
If the person challenged answers satisfactorily the questions asked in accordancewith this section and signs the oath pursuant to section 1-9-204, the election judge shall offer the person challenged a regular ballot, and the challenger may withdraw the challenge. The election judge shall indicate in the proper place on the challenge form whether the challenge was withdrawn or whether the challenged elector refused to answer the questions and left the polling location without voting a provisional ballot.
Source: L. 80: Entire article R&RE, p. 382, § 1, effective January 1, 1981. L. 91: (3) amended, p. 637, § 77, effective May 1. L. 92: Entire article amended, p. 773, § 12, effective January 1, 1993. L. 93: (2) and (5)(b) amended, p. 1432, § 109, effective July 1. L. 94: IP(3), (3)(a), and (3)(b) amended, p. 1771, § 32, effective January 1, 1995. L. 95: (3)(b) amended, p. 843, § 66, effective July 1. L. 2005: (1) and (7) amended, p. 1420, § 42, effective June 6; (1) and (7) amended, p. 1455, § 42, effective June 6. L. 2013: IP(5), (5)(a), and (7) amended, (HB 131303), ch. 185, p. 746, § 113, effective May 10. L. 2014: IP(3), (3)(a), (3)(b), and (4) amended, (SB 14-161), ch. 160, p. 566, § 24, effective May 9. L. 2019: (4) amended, (HB 19-1278), ch. 326, p. 3033, § 43, effective August 2.
Editor's note: This section is similar to former § 1-8-104 as it existed prior to 1980.
Cross references: (1) For oaths and affirmations generally, see article 12 of title 24.
In 2013, the introductory portion to subsection (5) and subsections (5)(a) and (7) were 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.