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What is an independent mail ballot election?
An election where all regular ballots are sent by mail to electors and the ballots then may be either mailed back or deposited at the designated site (described in mail ballot plan) by the voter.
An election for which eligible electors receive ballots by mail, and in accordance with Part 11, Article 13.5 of Title 1, C.R.S., vote by mailing those ballots or depositing those ballots.
C.R.S. Section 1-13.5-1101 et seq.
Defined specifically as: a mail ballot election that the governing body of a local government determines will not be coordinated by the county clerk and recorder.
C.R.S. Section 1-13.5-1102(1)
When are mail ballot elections required?
Any TABOR election.
Elections with ballot issues – those in which voters are asked questions required by Article X, Section 20 of the Colorado Constitution – must be conducted as either independent mail ballot elections or be coordinated by the county clerk and recorder. Such “TABOR” elections may only occur in November or on the May regular special district election date.
C.R.S. Section 1-13.5-111
What is the process for conducting a mail ballot election?
The process is found in Part 11 of the Code. This will be somewhat similar to polling place elections with many of the same deadlines except, of course, how the ballots are delivered and cast. See calendar for details.
What is a mail ballot plan and where is it kept?
For any mail ballot election, a mail ballot plan is required. The plan is kept/filed in the principal office of the district or DEO. It is not to be filed with the Secretary of State. It is a public record.
C.R.S. Section 1-13.5-1104
The designated election official responsible for conducting an election that is to be a mail ballot election shall no later than 55 days prior to the election have on file at the office of the district or DEO a plan for conducting the independent mail ballot election. The plan is a public record.
C.R.S. Section 1-13.5-1104(1)
Mail ballot plan (template): SD-43
What makes up a mail ballot packet?
Mail ballot packet" means the packet of information/documents provided by the designated election official to eligible electors in the independent mail ballot election. The packet includes the official ballot issued to such elector, instructions for completing the ballot, a secrecy envelope, and a return envelope.
C.R.S. Section 1-13.5-1102(2)
Sample mail ballot return envelope with voter affidavit: SD-42.1
Mail ballot instructions and secrecy sleeve: SD-42.2
What is the return envelope?
"Return envelope" means an envelope that is printed with spaces for the name and address of the eligible elector and a self-affirmation substantially in the form described in section 1-13.5-605 (1) to be signed by the eligible elector voting the ballot.
A return envelope must be designed to allow election officials, upon examining the signature, name, and address on the outside of the envelope, to determine whether the enclosed ballot is being submitted by an eligible elector who has not previously voted in that particular election.
C.R.S. Section 1-13.5-1102(4)
Sample mail ballot return envelope with voter affidavit: SD-42.1
What is the secrecy envelope/secrecy sleeve?
"Secrecy envelope" means the envelope or sleeve used for an independent mail ballot election (or an absentee ballot in a polling place election) that is designed to conceal elector’s ballot and maintain the confidentiality of the elector's vote until the counting of the votes.
C.R.S. Section1-13.5-1102(5)
Mail ballot instructions and secrecy sleeve: SD-42.2
What form should a mail ballot follow?
A mail ballot will be identical in appearance to a polling place ballot, but it does not require a duplicate stub.
C.R.S. Section 1-13.5-902(8)(b)
Sample mail ballot: SD-41
When does a district send its mail ballots?
Between 22 and 15 days prior to the election date.
A special district conducting an independent mail ballot election shall mail ballots to the last mailing address found in registration records of active voters no sooner than 22 days before an election date, and no later than 15 days before an election date.
C.R.S. Section 1-13.5-1105(4)(a)
How does a voter return a mail ballot?
A voter will either mail the ballot via regular U.S. mail or they may go to the DEO’s office, or any place designated in the mail ballot plan to drop off the ballot.
C.R.S. Section 1-13.5-1105(5)
What if an elector did not receive a ballot? Or needs a replacement?
A person may request a first/new ballot by formally presenting a sworn statement to the DEO. The DEO verifies the eligibility based on the information in the statement and ensures the voter is registered to vote in Colorado.
An eligible elector may obtain a replacement ballot if his or her original ballot was destroyed, spoiled, lost, or for any other reason not received by the eligible elector.
An eligible elector may obtain a ballot if a mail ballot packet was not sent to the elector because the eligibility of the elector could not be determined at the time the mail ballot packets were mailed.
In order to obtain a ballot, the eligible elector must sign a sworn statement specifying the reason for requesting the ballot, which statement must be presented to the designated election official no later than 7 p.m. on election day. The designated election official shall keep a record of each ballot issued in accordance with a list of each ballot obtained.
C.R.S. Section 1-13.5-1105(4)(e)
Request for mail ballot: SD-42
Mail ballot record & reconciliation sheet: SD-44.3
How many days must the district make their office/voting location available for voters seeking these ballots?
The office designated in the mail ballot plan shall be open and mail ballots available for at least 22 days prior to election day. This location only needs to be open during normal business hours.
C.R.S. Section 1-13.5-1105(4)(d)
Are there election judges in a mail ballot election?
Yes. The DEO must appoint no less than two (2) election judges. Since mail ballot elections typically have a larger voter turn-out, the DEO will need to ensure that enough election judges are appointed to handle the processing and counting of the ballots returned by the electors.
C.R.S. Section 1-13.5-1107
Can mail ballots be counted early?
Counting of the mail ballots may begin fifteen days prior to the election and continue until counting is completed. The election official in charge of the mail ballot counting place shall take all precautions necessary to ensure the secrecy of the counting procedures, and no information concerning the count shall be released by the election officials or watchers until after 7 p.m. on election day.
C.R.S. Section 1-13.5-1107
Note: For smaller districts with few voters, counting ballots more frequently than election night after the polls close will be unnecessary.
How are mail ballots/votes tracked?
While the judges will ultimately count the ballots, the DEO or an appointed Deputy DEO, if necessary, will daily collect the mail and/or ballots dropped off at the drop-off location. They will track the envelopes and whose was received each day.
Mail ballot poll book: SD-44.1
Mail ballot daily batch log (aids counting process): SD-44.2
Mail ballot record & reconciliation sheet: SD-44.3
The ballots are eventually counted similar to a polling place election until all ballots are tallied by the election judges. The judges post the abstract once the vote is counted, and then certify ASAP, keeping in mind this cannot occur until after the UOCAVA deadline has passed.
Judge’s Unofficial Abstract: SD-22.5
Judge’s Certificate of Election Returns: SD-24