(1) Each eligible elector, upon receiving a ballot, shall immediately proceed unaccompanied to one of the voting booths provided. To cast a vote, the eligible elector shall clearly fill the oval, connect the arrow, or otherwise appropriately mark the name of the candidate or the names of the joint candidates of the elector's choice for each office to be filled. In the case of a ballot issue, the elector shall clearly fill the oval, connect the arrow, or otherwise appropriately mark the appropriate place opposite the answer that the elector desires to give. Before leaving the voting booth, the eligible elector, without displaying the marks thereon, shall place the ballot in the privacy envelope so that the contents of the ballot or ballot card are concealed and shall place the envelope and the ballot or ballot card in the ballot box.
(2) Each eligible elector who has prepared the ballot and is ready to vote shall then leave the voting booth and approach the election judges having charge of the ballot box. The eligible elector shall give his or her name to one of the election judges. The elector shall, in full view of the election judges, deposit the ballot or ballot card in the ballot box, with the official endorsement on the ballot or ballot card facing upward.
(3) In precincts which use electronic voting equipment in which voting is by a method other than a ballot, each voter shall be listed by name in the pollbook and shall be given an entry card to the electronic voting device.
(4) Notwithstanding any provision of subsection (1) or (2) of this section to the contrary, at a polling location at which a ballot marking device, as defined in section 1-5-702 (2.5), is available for accessible voting, the election judge in charge of the ballot box shall deposit every elector's ballot card in the ballot box.
Source: L. 92: Entire article R&RE, p. 745, § 9, effective January 1, 1993. L. 97: (1) and (2) amended, p. 185, § 5, effective August 6. L. 2007: (4) added, p. 1979, § 27, effective August 3. L. 2012: (1) amended, (HB 12-1292), ch. 181, p. 685, § 29, effective May 17. L. 2013: (4) amended, (HB 13-1303), ch. 185, p. 722, § 72, effective May 10.
Editor's note: This section is similar to former § 1-7-503 as it existed prior to 1992.
Cross references: (1) For ballots for general and congressional vacancy elections, see § 1-5-403; for method of counting paper ballots, see § 1-7-307; for ballots improperly marked, see § 1-7-309.
(2) In 2013, subsection (4) 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 7 - Conduct of Elections
Part 5 - Electronic Voting Equipment
§ 1-7-501. Judges Open Ballot Box First
§ 1-7-504. Spoiled Ballot or Ballot Card
§ 1-7-505. Close of Polls - Security of Voting Machinery
§ 1-7-507. Electronic Vote-Counting - Procedure
§ 1-7-508. Determination of Improperly Marked Ballots
§ 1-7-509. Electronic and Electromechanical Vote Counting - Testing of Equipment Required - Rules
§ 1-7-510. Election Software Code - Escrow - Definitions
§ 1-7-511. Election Software - Voting Equipment Providers - Escrow - Definitions
§ 1-7-512. Voting System Providers - Duties
§ 1-7-513. Voting Equipment - Records
§ 1-7-515. Risk-Limiting Audits - Rules - Legislative Declaration - Definitions