(1) (a) In every mail ballot election conducted after March 30, 2018, an election judge shall, except as provided in paragraph (b) of this subsection (1), 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 this section.
(b) A clerk 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 section.
(2) (a) The election judges must compare the signature on the self-affirmation on each return envelope with the signature provided by the secretary of state pursuant to section 1-2-301, C.R.S. The election judges must research the signature further if there is:
An obvious change in the signature's slant;
A printed signature on one document and a cursive signature on the other document;(III) A difference in the signature's size or scale;
A difference in the signature's individual characteristics, such as how the "t's" arecrossed, "i's" are dotted, or loops are made on "y's" or "j's";
A difference in the elector's signature style, such as how the letters are connected atthe top and bottom;
Evidence that ballots or envelopes from the same household have been switched; or(VII) Any other noticeable discrepancy such as misspelled names.
(b) (I) If an election judge must conduct further research on an elector's signature, he or she must check the additional signatures provided by the secretary of state pursuant to section 12-301, C.R.S., if available.
An election judge may compare additional information written by the elector on thereturn envelope, such as the elector's address and date of signing. Any similarities noted when comparing other information may be used as part of the signature verification decision process.
If an election judge determines that an elector inadvertently returned his or her ballot in another household member's ballot return envelope, the election judge must process and prepare the ballot of the elector who signed the self-affirmation for counting if it is otherwise valid. The election judge need not send a signature verification discrepancy letter to the elector.
(c) If the election judges dispute the signature, they must document the discrepancy and the research steps taken in a log that identifies the elector only by name and elector identification number, does not contain the elector's signature, notes the final resolution and ballot disposition, and identifies the election judges responsible for the final resolution and ballot disposition.
(3) (a) If the election judge determines that the signature of an eligible elector on the self-affirmation matches the elector's signature stored in the statewide voter registration system, the election judge shall follow the procedures specified in section 31-10-910 (5) concerning the qualification and counting of mail ballots.
(b) If a signature verification device used pursuant to paragraph (b) of subsection (1) of this section 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 31-10-910 (5) concerning the qualification and counting of mail ballots.
If, upon comparing the signature of an eligible elector on the self-affirmation on thereturn 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 paragraph (b) of subsection (1) of this section is unable to determine that the signatures match, two other election judges shall simultaneously compare the signatures and proceed according to subsection (5) of this section.
(a) If the two other election judges specified in subsection (4) of this section agree that the signature of an eligible elector on the self-affirmation matches the elector's signature stored in the statewide voter registration system, the initial election judge shall follow the procedures specified in section 31-10-910 (5) concerning the qualification and counting of mail ballots.
In the case of a disagreement between the two other election judges as to whether thesignature of 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 subsection (4) of this section, the signatures are deemed to match, and the initial election judge shall follow the procedures specified in section 31-10-910 (5) concerning the qualification and counting of mail ballots.
(I) If both other election judges agree that the signatures do not match, the clerk 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 a letter explaining the discrepancy in signatures and a form for the eligible elector to confirm that the elector returned a ballot to the clerk.
(II) (A) If the clerk receives the form within eight days after election day confirming that the elector returned a ballot to the clerk, and if the ballot is otherwise valid, the ballot must be counted.
(B) If the eligible elector returns the form indicating that the elector did not return a ballot to the clerk, or if the eligible elector does not return the form within eight days after election day, the self-affirmation on the return envelope must be categorized as incorrect, and the ballot shall not be counted. An original return envelope with an enclosed secrecy envelope containing a voted ballot that is not counted in accordance with this sub-subparagraph (B) must be stored in the office of the clerk in a secure location separate from valid return envelopes and may be removed only by order of a court having jurisdiction.
An election judge shall not determine that the signature of an eligible elector on theself-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.
The clerk shall provide training in the techniques and standards of signature comparison to election judges who compare signatures pursuant to this section.
As used in this section, "statewide voter registration system" means the statewidevoter registration system created pursuant to section 1-2-301, C.R.S.
Source: L. 2016: Entire section added, (HB 16-1070), ch. 130, p. 370, § 1, effective August 10.