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How does an eligible elector secure a ballot at a polling place election?
Voter eligibility for the vast majority of special district electors is known well before election day because the DEO will have compiled the poll book containing eligible elector names prior to that date. The eligible elector simply states who they are, and if they are on the list signs that they are who they say.
A person must be an eligible elector as defined in 32-1-103(5)(a), The elector shall write their name and address and sign an Eligible Voter form provided by the DEO of the district (such form has no defined name in statute):
I state under penalty of perjury that I am an elector who is eligible to vote each of the ballots that I have cast in this election; that my signature and name are as shown on this document; that I have not and will not cast more than one ballot for a matter to be decided in this election; and that my ballots are cast in accordance with applicable law.
Name: ..................................
Date: ....................................
Signature of elector: ...................................
If the elector’s name appears on the registration or property owners list, the elector shall be allowed to enter the immediate voting area.
C.R.S. § 1-13.5-605(1)
Poll Book: SD-33 (PP)
Eligible voter form (name in poll book): SD-36
In cases where an elector’s name does not show up on either the registered or property owners lists, the elector is simply directed to also attest to the self-affirming oath/affirmation, which states:
I, (printed name), who reside at (address), am an elector of this (name of special district) district and desire to vote at this election. I do solemnly swear (or affirm) that i am registered to vote in the state of Colorado and qualified to vote in this special district election as:
____ a resident of the district or area to be included In the district; or
____ the owner of taxable real or personal property situated within the boundaries of the special district or area to be included within the special district; or
____ a person who is obligated to pay taxes under a contract to purchase taxable property in the special district or the area to be included within the special district; or
____ the spouse or civil union partner of (name of spouse or civil union partner) who is the owner of taxable real or personal property situated within the boundaries of the special district or area to be included within the special district.
I have not voted previously at this election.
Date ________________
Signature of elector ________________.
C.R.S. § 1-13.5-605(2)
Self-affirming oath or affirmation of elector (not in pollbook) : SD-36.2
Before delivering the ballot to an elector, the election judge having charge of the ballots shall endorse his or her initials on the duplicate stub. An election judge shall enter the name of the elector and number of said ballot in the pollbook.
C.R.S. § 1-13.5-605(7)
If for whatever reason the election judge(s) have reason to believe the person intending to vote is not eligible, it is their duty to challenge the voter.
C.R.S. § 1-13.5-1202(2)
See Challenges to Voting for more information.
For electors who vote at any election by absentee or mail ballot, the affidavit on the return envelope must contain the oath found at 1-13.5-605(1).
When are polls open?
Polling places open from 7:00AM to 7:00PM on election day.
At all elections held under article 13.5, the polls shall be opened at 7 a.m. and remain open until 7 p.m. of the same day. If a full set of election judges is not present at the hour of 7 a.m., an alternate election judge shall be appointed by the designated election official or judge in attendance at the polling place. The polls shall be opened if at least two election judges are present, even if the alternate judge has not arrived. Every person otherwise qualified to vote who is standing in line waiting to vote at 7 p.m. may vote.
C.R.S. § 1-13.5-601
How do the judges check eligibility and give the voter a ballot? (Example)
When the elector presents the completed Eligible voter form (Section 1-13.5-605(1)), one judge will announce the voter’s name and the judge in charge of the registration and property owner’s lists (aka pollbook) will check to find the name on one or the other list.
If the name is found…an election judge shall give the eligible elector one, and only one, ballot, which the election judge shall remove from the package of ballots by tearing or cutting the ballot along the perforated or dotted line. Before delivering the ballot to an elector, the election judge having charge of the ballots shall endorse his or her initials on the duplicate stub. An election judge shall enter the name of the elector and number of said ballot in the pollbook (paper ballot election). C.R.S. § 1-13.5-605
If the elector does not appear in the voter registration or property owners list, the self-affirmation in 1-13.5-605(2) is given. Unless a successful challenge occurs, the voter continues as if they submitted an eligible voter form.
How does the voter vote and cast the ballot (polling place)?
In precincts that use paper ballots, upon receiving his or her ballot, an eligible elector shall immediately retire alone to one of the voting booths provided and shall prepare the ballot by marking or stamping in ink or indelible pencil, in the appropriate margin or place, a cross mark (x) opposite the name of the candidate of the elector's choice for each office to be filled; except that no cross mark (x) is required opposite the name of a write-in candidate. In case of a question submitted to a vote of the people, the elector shall mark or stamp, in the appropriate margin or place, a cross mark (x) opposite the answer that he or she desires to give. Before leaving the voting booth, the elector shall fold the ballot without displaying the marks thereon so that the contents of the ballot are concealed and the stub can be removed without exposing any of the contents of the ballot, and the elector must keep the ballot folded until the elector deposits the ballot in the ballot box.
Each eligible elector who has prepared a ballot and is ready to cast his or her vote shall then leave the voting booth and approach the election judge in charge of the ballot box. The elector shall give his or her name to that judge, who shall announce the name of such elector and the number upon the duplicate stub of the ballot, which number must correspond with the stub number previously placed on the registration list or pollbook. If the stub number of the ballot corresponds and is identified by the initials of the election judge placed thereupon, the election judge shall then remove the duplicate stub from the ballot. The ballot must then be returned to the eligible elector, who shall, in full view of the election judges, cast his or her vote by depositing the ballot in the ballot box.
Each eligible elector shall mark and deposit his or her ballot without undue delay and shall leave the immediate voting area as soon as the elector votes. No elector shall occupy a voting booth already occupied by another, nor remain within the immediate voting area for more than ten minutes, nor occupy a voting booth for more than five minutes if all such booths are in use and other electors are waiting to occupy the same. No eligible elector whose name has been entered on the pollbook is allowed to reenter the immediate voting area during the election except when accompanied by an election judge.
C.R.S. § 1-13.5-606
Voter instructions: SD-37.4
Polling place setup - diagram: SD-37.5
Can blind or otherwise disabled individuals, or those not able to read, or non-English speaking voters be given assistance?
Yes. Statute details the type and manner of assistance available to these individuals. An election judge may provide assistance if requested by the voter.
C.R.S. § 1-7-111, 1-13.5-605, 607, 808, 906
What are spoiled ballots?
If a voter spoils their ballot – marks it or damages it in some way that their vote cannot be determined – the voter may return the spoiled ballot and obtain others, one at a time, not to exceed three ballots.
The spoiled ballots…are immediately cancelled, and notation is made in the poll book where the newly issued ballot is properly recorded. The ballot(s) shall be preserved and returned to the DEO along with the other election records and supplies.
C.R.S. § 1-13.5-608
How are ballots counted?
Once the polls are closed, the judges immediately proceed to count the ballots. Only watchers may be present until the count is completed.
First, the ballot box is opened and all ballots are counted. If the ballots are found to exceed the number of names entered in the poll book(s), the judges shall examine the official endorsements on the ballots. If any of the ballots in excess of the number on the poll books are deemed not to bear the official endorsement they shall be put into a separate pile and into a separate record labeled “excess ballots.”
If the ballots and poll book agree, each ballot is read and counted separately, and every name separately marked as voted for on such ballot where there is no conflict to obscure the intention of the voter shall be marked upon the tally sheets.
C.R.S. § 1-13.5-609(1), 1-13.5-611
If a voter marks more names than there are persons to be elected or if for any reason it is impossible to determine the voter’s intent, the ballot shall not be counted. A defective or an incomplete cross marked on any ballot in a proper place must be counted if there is no other mark or cross on such ballot indicating an intention to vote for some person other than those indicated by the first mentioned defective cross or mark. No ballot without the official endorsement (DEO signature), except as provided in section 1-13.5-704, may be deposited in the ballot box, and only ballots provided in accordance with this article shall be counted.
Ballots not counted must be marked “defective” on the back thereof and shall be preserved for such time as is provided in section 1-13.5-616 for ballots and destroyed as therein directed.
C.R.S. § 1-13.5-612
Election judge’s tally sheet: SD-33.2 (PP), SD-44.4 (MB)
Who may be present while ballots are being counted?
All persons, except election judges and watchers, shall be excluded from the place where the ballot counting is being held until the count has been completed.
C.R.S. § 1-13.5-609(3)