(1) (a) No voter shall place any mark upon his or her ballot by means of which it can be identified as the one voted by him or her, and no other mark shall be placed on the ballot by any person to identify it after it has been prepared for voting.
(b) Any voter may show his or her voted ballot to any other person as long as the disclosure is not undertaken in furtherance of any election violation proscribed in this article 13.
(c) Any voter who makes available an image of the voter's own ballot through electronic means after it is prepared for voting is deemed to have consented to the transmittal of that image.
(d) The ability of a voter to disclose his or her voted ballot as described in this subsection (1) at a voter service and polling center or at any other location at which votes are being tabulated is subject to the power of a county clerk and recorder to monitor activity at such voter service and polling center or other location, including placing reasonable restrictions on the use of photography in such settings or imposing other restrictions on activity in such settings as the county clerk and recorder finds necessary, to ensure the fair and efficient conduct of elections.
(2) No person shall endeavor to induce any voter to show how he marked his ballot.
(3) No election official, watcher, or person shall reveal to any other person the name of any candidate for whom a voter has voted or communicate to another his opinion, belief, or impression as to how or for whom a voter has voted.
(4) Any person who violates any provision of this section upon conviction shall be punished as provided in section 1-13-111.
Source: L. 80: Entire article R&RE, p. 434, § 1, effective January 1, 1981. L. 2017: (1) amended, (HB 17-1014), ch. 42, p. 123, § 1, effective August 9. L. 2021: (4) amended, (SB 21-271), ch. 462, p. 3129, § 34, effective March 1, 2022.
Editor's note: (1) The provisions of this section are similar to provisions of several former sections as they existed prior to 1980. For a detailed comparison, see the comparative tables located in the back of the index.
(2) Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.
Structure Colorado Code
Article 13 - Election Offenses
Part 7 - Offenses - Conduct of Elections
§ 1-13-701. Interference With Election Official
§ 1-13-702. Interfering With Watcher
§ 1-13-703. Tampering With Statewide Voter Registration System, Registration List, or Pollbook
§ 1-13-704. Unlawfully Refusing Ballot or Permitting to Vote
§ 1-13-704.5. Voting by Persons Not Entitled to Vote - Penalty
§ 1-13-705. Personating Elector
§ 1-13-706. Delivering and Receiving Ballots at Polls
§ 1-13-707. Inducing Defective Ballot
§ 1-13-707.5. Tampering With Ballot Box
§ 1-13-708. Tampering With Voting Equipment
§ 1-13-709. Voting in Wrong Polling Location
§ 1-13-709.5. Residence - False Information - Penalty
§ 1-13-709.6. Residence - Conspiring to Give False Information - Penalty
§ 1-13-710. Voting Twice - Penalty
§ 1-13-711. Interference With Voter While Voting
§ 1-13-712. Disclosing or Identifying Vote
§ 1-13-714. Electioneering - Removing and Return of Ballot - Definition
§ 1-13-715. Liquor in or Near Voter Service and Polling Center
§ 1-13-716. Destroying, Removing, or Delaying Delivery of Election Records
§ 1-13-717. Penalty for Destruction of Supplies
§ 1-13-718. Release of Information Concerning Count
§ 1-13-719. Employer's Unlawful Acts
§ 1-13-720. Unlawfully Giving or Promising Money or Employment or Facilitating the Trading of Votes
§ 1-13-721. Receipt of Money or Jobs
§ 1-13-723. Penalty for Neglect of Duty - Destruction of Ballots - Breaking Seal