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Special Districts: Absentee & Permanent Absentee Voting

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What is the last day to accept an application for absentee ballot?

The application shall be filed no later than the close of business on the Tuesday immediately preceding the election in which the absentee voter wishes to vote by absentee voter’s ballot.
C.R.S. Section 1-13.5-1002(1)(b)

What form should an absentee ballot follow?

There must be printed on the stub of an absentee ballot “Absentee Ballot Number […], and such ballots must be numbered consecutively beginning with number one (e.g., separate/different from the regular ballots).
C.R.S. Section 1-13.5-902(8)

What is the process for obtaining and submitting an absentee voter’s ballot application?

Requests for an application for an absentee voter’s ballot shall be made verbally or in writing. The application may request that the applicant be added to the permanent absentee voter list for the local government.

Applications shall be filed in writing and be personally signed by the applicant or a family member related by blood, marriage, civil union, or adoption to the applicant. If the applicant is unable to sign the application, the applicant shall make such applicant’s mark on the application, which must be witnessed by another person.

C.R.S. Section 1-13.5-1002(1)
Application for absentee ballot: SD-31

How does the registration verification of an absentee voter occur?

Similar to the way mail ballot voter eligibility would be verified, except that voter records may need to be retrieved in advance of the clerk and/or assessor records, which can all be done online.

Upon timely receipt of an application for an absentee voter’s ballot within the proper time, the designated election official shall examine the records of the county clerk & recorder or the county assessor, as appropriate, to ascertain whether or not the applicant is registered and lawfully entitled to vote as requested.
C.R.S. Section 1-13.5-1002

How does a voter prepare the absentee voter’s ballot?

Essentially the same as they would for a mail ballot.

Any eligible elector applying for and receiving an absentee voter's ballot, in casting the ballot, shall make and subscribe to the self-affirmation on the return envelope. The voter shall then mark the ballot. The voter shall fold the ballot so as to conceal the marking, deposit it in the return envelope, and seal the envelope securely.
C.R.S. Section 1-13.5-1006

How may a completed absentee voter’s ballot (in return envelope) be returned?

Generally, by mailing it back or hand-delivering it to the DEO. It can also be given to another person to hand-deliver.

The ballot may be delivered personally or mailed by the voter to the designated election official issuing the ballot. It is permissible for a voter to deliver the ballot to any person of the voter's own choice or to any duly authorized agent of the designated election official for mailing or personal delivery to the designated election official. To be counted, all envelopes containing absentee voter's ballots must be in the hands of the designated election official or an election judge for the local government not later than 7 p.m. on election day.
C.R.S. Section 1-13.5-1006

Note: The requirement that a duly authorized agent cannot collect more than ten ballots was omitted from Article 13.5, and Article 8 was repealed.

What is the process for delivery of an absentee voter’s ballot to the elector?

It depends on when the ballots are printed and when the absentee application are received. But generally they are either mailed or possibly handed directly to an eligible elector.

Ballots must be printed 30 days prior to an election, with absentee ballots sent within 72 hours after being received from the printer or within 72 hours of receiving the application for an absentee ballot after the ballots have been printed.

If the person is found to be (entitled to vote), the designated election official shall deliver, as soon as practicable but no more than seventy-two hours after the ballots have been received (once printed), an official absentee voter’s ballot, an identification return envelope with the affidavit or the envelope properly filled in as to address of residence as shown by the records of the county clerk & recorder, and an instruction card. The Identification return envelope must state "do not forward. Address correction requested." or any other similar statement that is in accordance with United States Postal Service regulations. The delivery must be made to the applicant either personally in the office of the designated election official or by mail to the mailing address given in the application (for) an official absentee voter’s ballot.

Section 1-13.5-1002(2)(b)
Sample Ballot: SD-35
Absentee voter secrecy sleeve w/voter instructions: SD-31.2
Return envelope with affidavit: SD-31.3

Who tracks permanent absentee applicants for future elections?

Each district is responsible for keeping a record of permanent absentee voters. The list is reviewed each election cycle, as necessary (when there is a competitive election). However, many districts that frequently or nearly always cancel elections may not have had any requests for several years.

Any eligible elector of a special district may apply for permanent absentee voter status.  The application for permanent absentee voter status must be made in writing or by facsimile using an application form furnished by the designated election official or in the form of a letter.  The application must contain the same information submitted in connection with an application for an absentee voter’s ballot pursuant to C.R.S. 1-13.5-1002.

Upon receipt of an application for permanent absentee voter status, the designated election official shall process the application in the same manner as an application for an absentee voter’s ballot.  If DEO determines that the applicant is an eligible elector, the designated election official shall place the eligible elector’s name upon the list maintained pursuant to section C.R.S. 1-13.5-1004 of those eligible electors to whom an absentee voter’s ballot is mailed each time there is a coordinated election.

If there is no DEO appointed, the secretary of the local government shall process the application for permanent absentee voter status.

C.R.S. Section 1-13.5-1003
Permanent absentee voters record: SD-32.3

How are absentee ballots tracked?

Essentially like mail ballots.

As the absentee ballots come in, either by hand delivery or by mail, they are kept in a safe place for storage, and tracked by the DEO or deputies, but the envelopes remain unopened until election judges are brought in to count them.

C.R.S. Section 1-13.5-1009
Absentee ballot daily batching log: SD-32.4

How may an elector obtain an emergency absentee ballot (rare)?

If an eligible elector is confined in a hospital or at his or her place of residence on election day because of conditions arising after the closing day for absentee voter’s ballot applications, he or she may request, by a written statement signed by him or her, that the designated election official send him or her an emergency absentee voter's ballot. The designated election official shall deliver the emergency absentee voter's ballot, with the word "emergency" stamped or written on the stubs of the ballot, at his or her office, during the regular hours of business, to any authorized representative of the elector possessing a written statement from the voter's physician authorized under section 12-240-107(6), C.R.S., advanced practice nurse, or practitioner that the voter will be confined in a hospital or his or her place of residence on election day. The authorized representative shall acknowledge receipt of the emergency absentee voter's ballot with his or her signature, name, and address.

"Authorized representative" means a person possessing a written statement from the elector containing the elector's signature, name, and address and requesting that the elector's emergency absentee voter's ballot be given to the authorized person as identified by name and address.

A request for an emergency absentee voter's ballot shall be made, and the ballot shall be returned, to the designated election official’s office no later than 7 P.M. on election day.

C.R.S. Section 1-13.5-1011
Request for emergency absentee ballot: SD-31.4

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