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When does the election process begin?
While there isn’t a hard date formally set in the law, other deadlines serve as indicators that the Board should at least appoint a DEO for a regular election. Due to new Call for Nominations notice requirements, sooner may be better to ensure compliance, especially for metropolitan districts created after January 1, 2000 DLG recommends DEO appointment happens by November for those districts and December for all other special district types. Candidates may begin submitting self-nomination forms as early as January 1 of the election year, thus having a DEO appointed by that time is wise, though not required.
For elections involving ballot issues/questions, notification to the county clerk (100 days prior to a November election, if coordinated), signed IGA (70 days, if coordinated), and ballot certification (60 days prior to any election) serve as the most important hard deadlines, but districts generally need much more preparation time prior to that for determining budgetary or financial needs (if asking for higher taxes, property tax debt, etc.), verifying ballot language with a legal professional, outreach or other precursors.
Election Resolution – Polling place or mail ballot: SD-4
DEO official appointment: SD-5
In what manner may elections be conducted?
Special districts have two (2) options for independent elections under the Code. They may be conducted as “polling place elections” or as “mail ballot elections.” Note: A ballot issue election (TABOR) that is not part of an organizational election shall be conducted either as part of a coordinated election in November or as an independent mail ballot election – in accordance with the provisions of Article 13.5, part 11 of Title 1, C.R.S. Ergo, a TABOR election that coincides with a regular election in May is only to be conducted as a mail ballot election. (C.R.S. Section 32-1-103(17); 1-13.5-111(2))
A third option is to participate in county clerk & recorder-conducted November coordinated elections.
C.R.S. Section 1-13.5-1100; 1-13.5-500 et seq.; 1-7-116, 1-13.5-102(2)
Are district elections “nonpartisan” elections?
Yes. Special district elections are nonpartisan, meaning that no candidate may identify as affiliated with a political party.
C.R.S. Section 1-1-104(23.3, 23.6), 1-13.5-102
What is a special election?
A special election is any election called by the Board for submission of public questions and other matters. The election shall be held on the first Tuesday after the first Monday in February, May of even-numbered years (starting 2024), October or December. Ballot questions may also be posed at regular elections.
Ballot issue elections (TABOR) shall be held only at the time of a state general election (November of even-numbered years), the special district’s biennial regular election, or on the first Tuesday in November of odd-numbered years. In Novembers, the election may be coordinated.
Rare: A special district may petition the district court which has jurisdiction for permission to hold a special election on a day other than those specified.
C.R.S. Section 32-1-103(21); 1-13.5-111(2)
What are coordinated elections and how are they conducted?
A coordinated election is one in which the County Clerk and Recorder(s) agree to conduct an election for a special district (or other local governments) in November.
If more than one political subdivision holds an election on the same day in November and the eligible electors for each such election are the same or the boundaries overlap, the county clerk and recorder is the coordinating election official and shall conduct the election on behalf of all political subdivisions whose elections are part of the coordinated election, utilizing the mail ballot procedure set forth in Article 7.5 “(of Title 1, or “Mail Ballot Act”).
C.R.S. Section 1-7-116(1)(a)
If a district has determined by formal action to coordinate with the county clerk and recorder, it must notify the county clerk and recorder, in writing, of its intent to coordinate no later than one (100) hundred days before the election.
C.R.S. Section 1-7-116(5)
Are counties required to provide an estimate for the cost of conducting a coordinated election?
Yes. Any election called by a nonpartisan governing body where the county clerk and recorder will have responsibilities for the election, the county clerk and recorder shall give to the governing body estimates of the costs for conducting a coordinated election. This provision still applies as it only occurs in coordinated elections.
C.R.S. Section 1-5-507
Can districts “share” polling places and judges?
An election judge may serve more than one special district; sharing a polling place for the convenience of voters may be practical.
Geography requires districts to consult with each other: Districts with overlapping boundaries must “meet, confer, and thereafter, if practical, hold such elections in a manner that permits an elector in the overlapping area to vote in all of such elections at one polling place.”
C.R.S. Section 1-13.5-504(3)
Special districts may hold shared regular elections, but those elections are not considered coordinated elections.
“Coordinated” is a specific type of election: one held in November by the county clerk and recorder using the Uniform Election Code.
Due to the requirement to “meet and confer”, “sharing” a polling place and/or election judges is encouraged but is not technically “coordinated”.
Whenever the date of a regular special district election is identical to the date set for a municipal or another special district election in any municipality or other special district having boundaries coterminous with the special district, the election may be held jointly with the municipal or other special district election. An election held jointly pursuant to this subsection (4) is not a coordinated election (those are in November and conducted by the county clerk and recorder).
C.R.S. Section 1-13.5-111(4)
What is a “designated election official”?
”Designated Election Official” means the person designated by the governing body of a local government or by court order to supervise election duties on behalf of the local government.
C.R.S. Section 1-13.5-103(2)
Who conducts a special district election?
After appointment, the Designated Election Official (DEO) is in charge of the special district’s election.
The DEO shall render all interpretations and make all decisions as to the controversies or other matters arising in the conduct of the elections.
C.R.S. Section 1-13.5-108(1); DEO Official appointment form: SD-5
Can the DEO appoint an assistant or deputy?
Yes. Appointment of a deputy is encouraged, especially in large districts or in cases where the DEO knows they will be absent for a period of time during the election.
All powers and authority granted to the DEO…may be exercised by a deputy DEO in the absence of the DEO or in the event the DEO is unable to perform the duties.
C.R.S. Section 1-13.5-108(2): Deputy DEO appointment form: SD-5.1
Who is eligible to vote in a special district election?
The vast majority of eligible electors will be those who are…
registered to vote in Colorado and:
- A resident of the special district (regardless of whether they own property); OR
- An owner of real or personal taxable property within the special district (or their spouse/civil union partner) who owns the property in their (natural person) name. Ownership really only matters if the person is not a resident of the district.
Note: a partnership, corporation or trust cannot register to vote, is not a “person” in the context of voter registration and Title 32-1 eligibility, and therefore a non-resident owning property through such a legal entity is not an eligible elector. Further, the law does not specify a manner in which non-resident owners of these types may qualify as electors in a Title 32-1 election (it does, however, for Business Improvement and Conservation Districts). See Miles v. West Montrose Sanitation District, 2020CV30046
Other ways of qualifying as an eligible elector:
- Generally real estate developers or business owners: A person who is obligated to pay taxes under a contract to purchase taxable property situated within the boundaries of the special district or the area to be included within the special district shall be considered an owner.
- Mobile home owner: For all elections and petitions that require ownership of real property or land, a mobile home or a manufactured home shall be deemed sufficient to qualify as ownership of real property or land for the purposes of voting rights and petitions.
C.R.S. Section 32-1-103(5)
What is a registered elector?
A registered elector is a person legally qualified to vote in the district who has complied with the registration provisions of C.R.S. Title 1, Uniform Election Code, and is thus claiming Colorado to be their place of primary residence.
The registration provisions of C.R.S. Title 1 state that a person is qualified for registration if the person is eighteen years of age or older on the date of the next election and who has the following qualifications:
- the person is a citizen of the United States; and
- the person has resided in this state twenty-two days immediately prior to the election at which the person intends to vote.
If any provision of the Election Code requires the signing of any document by a registered elector, the person making the signature shall be deemed to be a registered elector if the person’s name and address at the time of signing the document matches the name and address for the person on the registration document at the county clerk and recorder’s office, and as it appears on the master elector list on file with the secretary of state.
C.R.S. Section 1-2-101; 1-1-104(35)
Can a renter, the owner of a condominium, or time-share owner vote in a special district election?
Yes, if they qualify as an eligible elector as set forth above. If they are not a resident registered elector of the district, and ownership of the condominium or time-share unit is not in the name of the natural person, the person is not qualified to vote as a property owner elector. It is unlikely that a person would use a time-share as their primary residence (but not completely impossible).
C.R.S. Section 32-1-103(5)
What is a “registered voters list”?
The list of resident eligible electors in a special district provided by the county clerk and recorder for each county that the special district is located.
Usually, except perhaps in special districts located in resort communities or any area where 2nd homes are prevalent, the vast majority of special district’s eligible electors are found on the registered voters list.
The list is used to verify eligibility of an elector who may vote on the basis of being registered to vote in Colorado and residing within the special district.
The district DEO must order a registered voters’ list from the county clerk and recorder(s) no later than the 40th day preceding an election. The clerk and recorder compiles and certifies a list of all the registered voters within the boundaries of the district.
There is an initial list of all registered electors as of the thirtieth day before an election with a supplemental list provided to the district on the twentieth day of all eligible electors who have become eligible since the earlier list was certified.
Alternatively, the DEO may request one complete list provided on the sixth day prior to the election containing all registered voters as of the deadline.
The cost for the lists…shall be assessed by the county clerk(s) and paid by the district holding the election. The fee for the lists shall be no less than $25.00 for both lists nor more than one cent for each name contained on the lists, whichever is greater.
C.R.S. Section 1-13.5-203
Request to Clerk & Recorder for registered electors list (letter): SD-30.1, SD-40.2(MB)
Note: Starting with the May 3, 2022, regular election, metropolitan districts organized after January 1, 2000, must request a list of electors residing within the district as of 150 days prior to the election. These electors then receive an email notice of the Call for Nominations. If no email is provided, resident electors are sent the notice via regular mail. All other special districts may also provide this notice by voluntarily by regular mail. See Call for Nominations section below.
C.R.S. Section1-13.5-501(1.7),(1.5)
What is a “property owner’s list”?
The list of taxpaying real or personal property owners within a special district provided by the County Assessor for each county in which the special district is located. These property owners might be eligible electors.
The district DEO must order a property owners’ list from the county assessor(s) no later than the 40th day preceding an election.
The assessor compiles and certifies a list of all the recorded owners of taxable real and personal property within the boundaries of the district.
There is an initial list provided no later than thirty days before an election with a supplemental list provided to the district no later than twenty days before the election. The list shall contain names and addresses of all recorded owners who have become owners no later than twenty-two days prior to the election.
Conversely, the DEO may order a complete list by the sixth day prior to the election instead of the supplemental list.
The cost for the lists shall be determined by the county assessors and paid by the district holding the election. The fee for the lists shall be no less than $25.00 for both lists nor more than one cent for each name contained on the lists, whichever is greater.
C.R.S. Section 1-13.5-204
Request to Assessor for mail ballot: SD-30.2, SD-40.1
What is taxable property?
Taxable property is real or personal property subject to general ad valorem taxes (property taxes), excluding property for which specific ownership tax is paid.
C.R.S. Section 32-1-103(22)
What is the difference between real and personal property?
Real property is basically real estate; the land itself, improvements, and rights that come along with it.
C.R.S. Section 39-1-102(14)
Personal property relates to things like machinery, equipment, and other articles related to commercial or industrial operations. For the tax years 2021 and 2022, the minimum actual value of personal property must be at least $50,000 to be taxable (often referred to as “business” personal property tax.). A business owner who owns personal property in their own name would thus only qualify as an elector in this manner if their personal property exceeded an actual value of $50,000.
Section39-1-102(11), 39.-3-119.5
What if someone moves into the District or purchases taxable District property after you receive your lists from the Clerk & Recorder and Assessor?
New eligible electors may qualify after the last of the clerk and assessor lists are received. Same day voter registration is allowed in special district elections, but registration is a function of the clerk and recorder and not a special district.
If a person claiming to have registered that day is not on the voter list, the voter self-affirmation is required (polling place election).
C.R.S. Section 1-13.5-605(2)(a).
Self-affirming oath or affirmation of elector: SD-36.2
Notably, the Special District Act specifically prohibits transfer of property for the purpose of qualifying an elector: “No person shall knowingly take or place title to taxable property in the name of another…for the purpose of attempting to qualify such person as an eligible elector.”
C.R.S. Section 32-1-808(1)
What does a special district candidate have to file to run for office?
1. Fill out a self-nomination form, due 67 days prior to the regular election date. An eligible elector of the state signs as a witness.
Or,
2. Complete a write-in affidavit, due 64 days prior to the regular election date.
The self-nomination form/letter is most often utilized. Generally, the latter is used only when there are remaining seats to be filled and the district has not received enough self-nomination forms prior to the deadline. However, elections have been triggered because of the affidavit as well.
No earlier than January 1 and no later than the normal close of business on the sixty-seventh day (generally late February/early March) before the date of a regular special district election, any person who desires to be a candidate for the office of a special district director shall file a self-nomination and acceptance form or letter signed by the candidate and by an eligible elector of the state as a witness to the signature of the candidate.
An amended self-nomination & acceptance form or letter may be accepted by the DEO until the normal close of business on the 67th day before an election.
C.R.S. Section 1-13.5-303
Self-nomination form: SD-7
Write-in Affidavit: SD-8
If the Election Is Not Cancelled, then Candidates must…
File the Self-nomination forms and write-in affidavits with the Secretary of State’s office only if the election will not be cancelled (competitive election with voting to transpire). This duty is generally considered the responsibility of the candidate. But SOS Rule 16 also allows the DEO to file them.
If the election is cancelled, self-nomination forms and write-in affidavits are not filed anywhere outside the special district.
A candidate in a special district election shall file the candidate affidavit or, alternatively, a copy of the candidate's self-nomination and acceptance form or letter submitted in accordance with, C.R.S. Section 1-13.5-303, if such form or letter contains a statement that the candidate is familiar with the provisions of this article, no later than the date established for certification of the special district's ballot pursuant to section 1-5-203(3)(a) (no later than 60 days before the election).
C.R.S. Section 1-45-110
A special district designated election official or director candidate must file a copy of the self-nomination and acceptance form described in Rule 16.2 with the Secretary of State no later than 60 days before the special district election. This rule does not apply if the special district cancels the election.
SOS CPF Rule16.1
Candidates are not required to file reports with the Secretary of State unless their aggregate spending is over $200. Each candidate will attest to such on their self-nomination & acceptance form or write-in affidavit.
SOS Rule 16.3 C.R.S. Section1-45-109(1)(a)(II); C.R.S. Section1-45-108(1)(c)
Email cpfhelp@sos.state.co.us for questions about Campaign Political Finance
When and how can an election be canceled?
If the number of candidates is equal to or less than the number of seats available, the election may be cancelled, and the candidates are elected by acclamation. The earliest this may occur is any time after the 63rd day before the election.
If the only matter before the electors in a nonpartisan election is the election of persons to office and if, at the close of business on the 63rd day before the election or anytime there after, there are not more candidates than offices to be filled at the election, including candidates filing affidavits of intent (write-ins), the DEO, if instructed by resolution of the governing body, shall cancel the election and declare the candidates elected.
C.R.S. Section 1-13.5-513(1)
However, if the electors are to consider the election of persons to office and ballot issues or ballot questions, the election may be cancelled by the governing body only in the event that there are not more candidates than offices to be filled at the election and all ballot issues and ballot questions have been withdrawn. No election may be cancelled in part.
C.R.S. Section1-13.5-513(3),(4)
Notice of Cancellation
This is the notice published in the special district’s chosen legal publication. A copy of the notice is filed with DLG.
The governing body or DEO shall provide notice by publication, as that term is defined in Section 1-13.5-501, of the cancellation of the election. A copy of the notice must be posted at each polling location of the local government, in the office of the designated election official, and in the office of the clerk and recorder for each county in which the political subdivision is located and, for special districts, a copy of the notice must be filed with DLG. The governing body shall also notify the candidates that the election was cancelled and that they were elected by acclamation.
The results of a special district election (even one that has been legally cancelled) shall be certified to DLG within 30 days after the election by sending DLG a notice and a copy of the board resolution either appointing the DEO & providing the ability to cancel or a formal board cancellation.
C.R.S. Section 1-13.5-513(6); 32-1-104(1)
Notice of Cancellation: SD-11
Board Resolution appointing DEO: SD-4, SD-5
Board Resolution formally cancelling election: SD-12
When may a candidate withdraw their nomination?
A candidate may withdraw any time, but should submit an affidavit* of withdrawal for it to be official.
Any person who has been nominated and who has accepted a nomination, or filed a self-nomination form or letter, may cause his or her name to be withdrawn from such nomination at any time before the election by executing a written affidavit withdrawing from the nomination.
C.R.S. Section 1-13.5-304
Note: The Article defines “affidavit” as a sworn statement in writing, including a self-affirmation.
C.R.S. Section 1-13.5-103(1.5)
What if a candidate withdraws or dies but their names are already printed on the ballots?
If the ballots are already printed, the votes cast for the withdrawn or deceased candidate are invalid and will not be counted.
C.R.S. Section 1-13.5-903(3)
What if there is an error on the ballots or publication?
If the DEO discovers or it is brought to the DEO’s attention that there is an error on the ballot or publication, the DEO shall correct, without delay, any error which can be corrected without interfering with the timely distribution of the ballots.
C.R.S. Section 1-13.5-903(1)
How long must election materials and records be kept?
The ballots, when not required to be taken from the sealed box for the purpose of election contests, shall remain in the sealed box in the custody of the designated election official until twenty-five (25) months after the date the polls closed for the election at which the ballots were cast or until the time has expired for which the ballots would be needed in any contest proceedings, at which time the sealed box must be opened by the designated election official and the ballots destroyed by fire, shredding, burial, or by any other method approved by the governing body.
C.R.S. Section 1-13.5-616
The designated election official shall preserve all other official election records and forms for at least six (6) months following the date the polls closed.
C.R.S. Section 1-13.5-616(2)
Self-nomination forms are preserved for two years.
C.R.S. Section 1-13.5-302(6)
Are election records public records?
Depends on which records.
Public records:
24-72-204(8) prohibits a DEO from allowing someone other than the “person in interest” to inspect election records that contain the original or electronic, digital or scanned images of the signature, social security number, month and day of birth or identification of the person. Identification may include addresses Section1-1-104(19.5)(b). Any other election record is open to inspection. A person in interest is the subject of the record or their appointed/legal representative (24-72-202(4)). Note that “identification” may include an address, thus a pollbook given over for public record should hide the addresses. The pollbook itself may be considered a “work product” until completed. Consultation with legal counsel is recommended if the poll book or any other request for voter information is made.
Election records:
Includes but is not limited to accounting forms, certificates of registration, pollbooks, certificates of election, signature cards, all affidavits, mail-in voter applications, mail-in voter lists and records, mail-in voter return envelopes, voted ballots, unused ballots, spoiled ballots, and replacement ballots.
C.R.S. Section 1-1-104(11)
Self-nomination & acceptance forms:
The designated election official shall preserve all nomination petitions filed with him or her for a period of two years. All such petitions are open to public inspection under proper regulation by the designated election official with whom they are filed.
C.R.S. Section 1-13.5-302(6)
“Documents Are Public Records”, specifically lists “acceptances” (Self-Nomination and Acceptance) as a public record. And acceptances also do not appear in the “Election Records” list of records subject to 1-1-104(11) and correspondingly are missing from the prohibition of 24-72-204(8). Because it may be difficult to contest a self-nomination form without knowing the address used, it is assumed that the address should not be hidden in that case, but due to the ambiguity legal counsel should be sought.
C.R.S. Section 1-4-504
May special districts spend money to support the campaign of an issue, candidate, etc.?
No, especially after the ballot (esp. language) has been approved by resolution of the board.
No…political subdivision of the state shall not make any contribution to the campaigns involving the nomination, retention, or election of any person to any public office, nor shall any such entity make any donation to any other person for the purpose of making an independent expenditure, nor shall any such entity expend any moneys from any source, or make any contributions, to urge any electors to vote in favor of any referred measures (ballot issues/questions).
C.R.S. Section 1-45-117(1)(a(I), (a)(I)(c)
Except that a member or employee of any such…board…may respond to questions about any such issue…if the member has not solicited the issue. A member or employee of any such…board…who has policy-making responsibilities may expend not more than fifty dollars of public moneys in the form of letters, telephone calls, or other activities incidental to expressing his or her opinion on any such issue described in subparagraph (I) of this paragraph (a).
C.R.S. Section 1-45-117(1)(a)(II)
See Regents of the University of Colorado v. Meyer