8 CCR 1505-1-9 - Voting Challenges
9.1
Challenging an in-person voter
9.1.1 Under
Section 1-9-201, C.R.S., an election
official, watcher, or eligible elector of the precinct may challenge an
elector's right to vote. A person whose eligibility is challenged while voting
in-person, must be offered a regular ballot by an election judge if the person
answers the applicable challenge questions confirming their eligibility as
specified in section
1-9-203, C.R.S., and this Rule. If
the person challenged refuses to answer the challenge questions or does not
otherwise confirm their eligibility, an election judge must offer the person a
provisional ballot.
9.1.2
Citizenship. The election judge must ask the elector, "Are you a citizen of the
United States?"
9.1.3 Residency.
The election judge must ask the elector the following questions:
(a) "Will you have resided in Colorado for
the 22 days before election day?"
(b) "Do you reside at the address stated in
your voter registration record?"
(c) "Have you been absent from Colorado
during the past 22 days?" If the elector responds that he or she was absent
during the 22-day period, the election judge must also ask the following
questions:
(1) "Have you been absent for a
temporary purpose with the intent of returning, or did you intend to remain
outside Colorado?"
(2) "While you
were absent, did you consider Colorado to be your home or did you maintain a
home or domicile elsewhere?"
(3)
"While you were absent, did you vote in any other state or territory of the
United States?"
9.1.4 Age. The election judge must ask the
elector, "Will you be 18 years of age or older on election day?"
9.2 Challenging a mail ballot
voter
9.2.1 Challenges of a mail ballot must
be made in writing on the form approved for use by the Secretary of State, at
the county clerk's office, and must include all information required on the
form. Once filled out, the challenge must be delivered to a person designated
by the county clerk who did not make the challenge. The person designated by
the county clerk to receive the challenge form must attach the challenge form
to the mail ballot being challenged and process the challenge in accordance
with this Rule 9.
9.2.2 If an
individual challenges a mail ballot for forgery of a deceased person's
signature on the mail ballot envelope or for submission of multiple ballots by
the same voter for the same election, the election judge must forward the
ballot to two other election judges of different political party affiliations
designated by the county clerk who must jointly review the elector's
eligibility to vote. At their request, the election judges may receive
assistance in making their eligibility determination from county clerk staff. A
challenge for submission of multiple ballots under this rule does not apply to
an unaffiliated voter who returns more than one party's ballot.
(a) If both election judges determine the
mail ballot should not be counted because they believe it contains a forgery of
a deceased person's signature on the mail ballot envelope, or they believe it
is one of multiple ballots cast by the same voter for the same election, then
the following steps must be taken by the county clerk:
(1) The county clerk must send to the
challenged voter:
(A) Notification that their
ballot has been challenged;
(B) A
copy of the challenge form;
(C) A
form for the eligible elector to return confirming that the elector returned
their mail ballot or did not return more than one mail ballot as
applicable;
(D) Instructions to the
eligible elector to return a copy of the elector's identification as defined in
section 1-1-104 (19.5); C.R.S.,
and
(E) Notification to the
eligible elector that the challenge and elector's response must be referred to
the district attorney under section
1-9-209, C.R.S.
(2) Notification of the challenge
must be sent within three days after the challenge has been made, but no later
than two days after election day.
(3) The challenged ballot must be counted if
the ballot is otherwise valid and the county clerk receives the form from the
eligible elector within eight days after election day, including:
(A) A statement that the elector returned a
mail ballot to the county clerk and recorder or did not vote more than once in
an election as applicable; and
(B)
A copy of the elector's identification as defined in section
1-1-104 (19.5), C.R.S.
(4) If the county clerk receives a
form indicating that the elector did not return a ballot to the county clerk,
or if the eligible elector does not return the form within eight days after
election day, the self-affirmation on the return envelope must be categorized
as incorrect, and the ballot may not be counted.
(b) If either election judge determines the
challenge should be rejected, then the county clerk must count the elector's
ballot if it is otherwise valid. Unless the challenge is withdrawn, the county
clerk must send the challenged voter:
(1) A
copy of the challenge along with notification that the challenge was
rejected;
(2) Notification that the
ballot was counted;
(3)
Instructions to the elector allowing them to otherwise respond to the
challenge; and
(4) Notification
that the challenge and elector's response must be referred to the district
attorney under section
1-9-209, C.R.S.
9.2.3 If an individual
challenges a mail ballot for any reason other than for forgery of a deceased
person's signature or for submission of multiple ballots cast by the same voter
for the same election, the election judge must forward the challenge to the
county clerk and otherwise process the mail ballot as normal. Unless the
challenge is withdrawn, the county clerk must send the challenged voter:
(a) A copy of the challenge;
(b) Notification that the ballot was
counted;
(c) Instructions to the
elector allowing them to otherwise respond to the challenge; and
(d) Notification that the challenge and
elector's response must be referred to the district attorney under section
1-9-209, C.R.S.
9.2.4 Following the election, the
county clerk must send a copy of all challenges that have not been withdrawn,
along with any responses received from the challenged voters, to the district
attorney as required by section
1-9-209, C.R.S.
Notes
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