(1) No person shall willfully destroy, deface, or alter any ballot or any election records or willfully delay the delivery of any such ballots or election records, or take, carry away, conceal, or remove any ballot, ballot box, or election records from the polling location or drop-off location or from the possession of a person authorized by law to have the custody thereof, or aid, counsel, procure, advise, or assist any person to do any of the aforesaid acts.
(2) No election official who has undertaken to deliver the official ballots and election records to the county clerk and recorder shall neglect or refuse to do so within the time prescribed by law or shall fail to account fully for all official ballots and other records in his charge. Informality in the delivery of the ballots and election records shall not invalidate the vote of any precinct if such records are delivered prior to the canvassing of the votes by the county board of canvassers.
(3) Any person who violates any provision of this section commits a class 1 misdemeanor.
Source: L. 80: Entire article R&RE, p. 435, § 1, effective January 1, 1981. L. 2013: (1) amended, (HB 13-1303), ch. 185, p. 749, § 123, effective May 10. L. 2021: (3) amended, (SB 21-271), ch. 462, p. 3130, § 38, 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.
Cross references: 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.
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