(1) The ballot of any elector that has been cast by mail may be challenged using a challenge form signed by the challenger under penalty of perjury setting forth the name of the person challenged and the basis for the challenge. Challenged ballots, except those rejected for forgery of a deceased person's signature on a mail ballot affidavit or submission of multiple ballots, must be counted. The election judges shall forthwith deliver all challenges, together with the affidavits of the persons challenged, to the county clerk and recorder or designated election official, as applicable.
(2) A mail ballot may not be challenged under this section solely on the basis of the signature that appears on the mail ballot. Signatures on mail ballots must be reviewed in accordance with section 1-7.5-107.3.
Source: L. 94: Entire section added, p. 1169, § 46, effective July 1. L. 2002: Entire section amended, p. 1636, § 22, effective June 7. L. 2005: Entire section amended, p. 1421, § 45, effective June 6; entire section amended, p. 1456, § 45, effective June 6. L. 2007: Entire section amended, p. 1795, § 58, effective June 1. L. 2021: Entire section amended, (SB 21-250), ch. 282, p. 1651, § 45, 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.
Structure Colorado Code