(1) A county clerk is required to provide multilingual ballot access by creating a minority language sample ballot pursuant to section 1-5-906 and providing an in-person minority language ballot pursuant to section 1-5-907 if:
(a) The county has at least two thousand citizens age eighteen years or older who speak English less than very well, as defined by the United States bureau of the census American community survey or comparable census data, and who speak a shared minority language at home; or
(b) At least two and one-half percent of citizens in the county age eighteen years or older speak English less than very well, as defined by the United States bureau of the census American community survey or comparable census data, and speak a shared minority language at home.
(2) The secretary of state shall determine which counties in the state are required to provide multilingual ballot access and, therefore, are required to create a minority language sample ballot pursuant to section 1-5-906 and provide an in-person minority language ballot pursuant to section 1-5-907. The secretary of state shall make such determination based on information provided in the most recent five-year estimates specified in the United States bureau of the census American community survey or comparable census data. The secretary of state shall notify the county clerk of any county that is required to provide a minority language sample ballot pursuant to section 1-5-906 and provide an in-person minority language ballot pursuant to section 1-5-907 on or before January 5, 2022, and on or before January 5 of each even year thereafter. In addition, on or before January 5, 2022, and on or before January 5 of each even year thereafter, the secretary of state shall post a list on the secretary's website of all counties that are required to provide a minority language sample ballot pursuant to section 1-5-906 and provide an in-person minority language ballot pursuant to section 1-5-907.
(3) Legislative council staff shall provide to the secretary of state a translation of all statewide ballot questions or issues that will appear on the ballot in every language in which a minority language sample ballot must be provided in the state. The secretary of state shall provide each county clerk that is subject to this part 9 with a translation in the applicable language of all content that is certified to the county clerks by the secretary of state. The county clerk of each county shall use the translation provided by the secretary of state in creating the minority language sample ballot and in providing the in-person minority language ballot for his or her county.
Source: L. 2021: Entire part added, (HB 21-1011), ch. 366, p. 2411, § 1, effective June 28.
Structure Colorado Code
Article 5 - Notice of and Preparation for Elections
Part 9 - Multilingual Ballot Access
§ 1-5-902. Legislative Declaration - Intent
§ 1-5-904. Multilingual Ballot Hotline - Creation - Secretary of State - Rules
§ 1-5-906. Minority Language Sample Ballots - County Clerk
§ 1-5-907. In-Person Minority Language Ballot - County Clerk - Voter Service and Polling Centers
§ 1-5-908. State Assistance to Counties for Implementation Costs