(1) The county clerk and recorder or designated election official shall provide mail ballots, affidavits, certificates, envelopes, instruction cards, and other necessary supplies in the same manner as other election supplies are provided for in all elections and without cost to any eligible elector wishing to vote pursuant to this article.
(2) (a) The ballots must be in the same form as other official ballots for the same election.
(b) The approved form must include, at a minimum:
(I) Instructions to return a copy of identification with the ballot for first-time electors who are required to provide identification in accordance with section 1-2-501;
(I.5) Instructions on how the elector can provide identification and a signature for verification for first-time electors who do not have a signature stored in the statewide voter registration system;
(II) Information regarding the availability of accessible voting systems in elections coordinated by the county clerk and recorder;
(III) Information regarding how to vote and return the ballot or obtain a replacement; and
(IV) Instructions to include adequate postage.
(3) In counties including more than one state senatorial district or more than one state representative district, or both, mail ballots must be provided in a manner to be determined by the county clerk and recorder for each combination of state legislative districts. Distinctive markings or colors may be used to identify political subdivisions when such colors or distinctive markings will aid in the distribution and tabulation of the ballots. A complete ballot may consist of one or more pages or cards so long as each page or card is numbered and identified as provided for paper ballots in sections 1-5-407 and 1-5-410. This subsection (3) applies to ballots to be cast on voting machines as well as to paper ballots and ballot cards that can be electronically counted.
(4) (a) On the mail ballot instructions, the following statements must be printed: "All ballots are counted in the same manner." and "You must sign the affirmation on the envelope. Do not sign, initial, or print your name on the ballot."
(b) The mail ballot instructions shall contain information on how the elector may verify that his or her mail ballot has been received by the county clerk and recorder or designated election official as provided in section 1-7.5-207.
Source: L. 2013: Entire section added, (HB 13-1303), ch. 185, p. 725, § 83, effective May 10. L. 2018: (4)(a) amended, (SB 18-233), ch. 262, p. 1612, § 26, effective July 1. L. 2019: (2)(b)(I.5) added, (SB 19-235), ch. 329, p. 3055, § 6, effective July 1, 2020. L. 2021: (2)(b)(I.5) amended, (SB 21-250), ch. 282, p. 1648, § 36, effective June 21.
Editor's note: Section 85 of chapter 282 (SB 21-250), Session Laws of Colorado 2021, provides that the act changing this section applies to elections conducted on or after June 21, 2021.
Cross references: In 2013, this section was added 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 7.5 - Mail Ballot Elections
Part 1 - Mail Ballot Elections
§ 1-7.5-102. Legislative Declaration
§ 1-7.5-104.5. Ballots and Supplies for Mail Voting
§ 1-7.5-105. Preelection Process - Rules
§ 1-7.5-106. Secretary of State - Duties and Powers
§ 1-7.5-106.5. Registration Record - List of Mail Ballots
§ 1-7.5-107.2. Manner of Early Voting - Securing Ballots Cast During Early Voting
§ 1-7.5-107.3. Verification of Signatures - Rules
§ 1-7.5-107.5. Counting Mail Ballots
§ 1-7.5-108.5. Designation of Inactive Status in Connection With Mailing of Mail Ballots
§ 1-7.5-109. Write-in Candidates
§ 1-7.5-113. Voting at Group Residential Facilities
§ 1-7.5-113.5. Voting at County Jails or Detention Centers
§ 1-7.5-114. Watchers at Voter Service and Polling Centers
§ 1-7.5-115. Emergency Voting - Replacement Ballots - Electronic Transfer - Rules - Definition