8 Colo. Code Regs. § 1505-1-6
Current through Register Vol. 47, No. 22, November 25, 2024
Rule 8 CCR 1505-1-6 - [Effective until 1/7/2025] Election Judges6.1 Appointment of election judges under section 1-6-104, C.R.S. 6.1.1 Except for a state primary election, the county clerk must request an updated list of election judges from each major party before each election the clerk conducts under the Uniform Election Code. Each party must provide that list to the county clerk no later than 90 days before election day. For the state primary election, each party must provide a list of election judges no later than the last Tuesday of April preceding the election, as required by section 1-6-103, C.R.S.6.1.2 No later than the Friday before precinct caucuses, the clerk must provide each major party with an estimate of the number of judges needed for each position and the general time commitment required for each position for the upcoming primary, general, and odd-year coordinated election. The clerk may update this estimate for each major party prior to an election.6.1.3 Except for a state primary election, the county clerk must reasonably attempt to exhaust the precinct caucus and updated list provided by the major parties by the 90th day before an election. If, by the 90th day before an election, a major political party fails to provide a sufficient list of election judges who are available for the county to staff all of the election judge positions, dates, and times needed by the county for that election, the county clerk may appoint additional major party, minor party, or unaffiliated judges to fill any remaining positions. For a state primary election, the county clerk may appoint additional major party, minor party, or unaffiliated judges after reasonably attempting to exhaust the precinct caucus list and list of election judges provided in accordance with section 1-6-103, C.R.S.6.1.4 When the county clerk is filling election judge vacancies under section 1-6-113(1), C.R.S., the clerk may choose from any of the available major party, minor party, or unaffiliated judges.6.1.5 The county clerk must provide a list of election judges, including political party affiliations and assignments, if known, to each appointing party no later than 35 days before election day. Upon request by an appointing party, the clerk must provide a supplemental list no later than seven days before the date on which the county will open its first voter service and polling center.6.1.6 The county clerk may not ask an election judge or county staff member to change his or her party affiliation to achieve the bipartisan balance required under section 1-6-109, C.R.S.6.1.7 The county clerk may not hire the sheriff, current sheriff staff, or other personnel currently involved in the day-to-day operations of a county jail or detention facility as an election judge for the in-person voting event required by section 1-7.5-113.5(4)(a)(I), C.R.S.6.2 Assignment of election judges. 6.2.1 The county clerk may assign an election judge based upon appropriate skill level and interest. If a major party objects to the initial election judge assignments provided by the clerk under Rule 6.1.4, the political party may contact the clerk and nominate judges for replacement. The clerk must consider the new nominations.6.2.2 Prior to assigning an election judge to perform signature verification, the county clerk must review any data available from that judge's signature verification work in a previous election in the same county. If the judge had an unexplained, irregular acceptance or rejection rate the clerk may not assign that judge to conduct signature verification. 6.2.3 The county clerk may remove or reassign an election judge performing signature verification at any time for cause, which may include, but is not limited to: (a) An inability to perform signature verification;(b) An inability to serve for the requisite amount of time needed; or(c) An irregular acceptance or rejection rate, as determined by the county clerk.6.3 The county clerk may not personally conduct signature verification.6.4 Except for UOCAVA ballots and ballots received for counting after election day: 6.4.1 Absent written consent by each major party county chair, a county with 5,000 or more active electors on the 90th day before election day may not use regular staff as signature verification judges.6.4.2 A county with fewer than 5,000 active electors on the 90th day before election day may use regular county staff that are sworn in as election judges to conduct signature verification.6.5 For purposes of training election judges, an "election cycle" means all elections held during a calendar year beginning January 1 and ending December 31.6.6 In lieu of the oath for other election judges prescribed in section 1-6-114, C.R.S., each student election judge must take a self-affirming oath or affirmation before serving, in substantially the following form: " I, ________________ do solemnly swear (or affirm) that I am a citizen of the United States and state of Colorado; that I am at least 16 years of age and a High School Junior or Senior; that I will perform the duties of an election judge according to law and to the best of my ability; that I will studiously strive to prevent fraud, deceit, and abuse in conducting the same; that I will not try to determine how any elector voted, nor will I disclose how any elector voted if in the discharge of my duties as a student election judge such knowledge shall come to me, unless called upon to disclose the same before some court of justice; that I have never been convicted of election fraud, any other election offense, or fraud and that, if any ballots are counted before the polls close on the date of the election, I will not disclose the result of the votes until after the polls have closed."
6.7 Subject to the limitations provided in section 1-6-111, C.R.S., a county clerk may appoint student election judges to complete any task assigned to any other election judge. Student election judges must be considered as affiliated with a party, or unaffiliated, as reflected in that student election judge's voter registration record. If the student election judge is not registered to vote, the student must be considered unaffiliated.6.8 A supervisor judge in a voter service and polling center must complete a training course conducted by the county clerk. The Secretary of State must provide or approve the training content. Training content which is approved by the Secretary of State is only valid for the calendar year in which it is approved. A supervisor training approved in the calendar year before a presidential primary is valid for the presidential primary.6.9 A signature verification judge must successfully complete a training course conducted by the county clerk prior to each election. The county clerk must use the Secretary of State's provided training and may provide additional training. If the county clerk provides their own training, it must be approved by the Secretary of State each year before its first use. A signature verification training approved in the calendar year before a presidential primary is valid for the presidential primary.6.10 The county clerk must inform the Secretary of State's office within two business days, in writing, of the fact that an election judge has been removed from duty under sections 1-6-119(2)-(4) and 1-6-120, C.R.S., by the county clerk.37 CR 19, October 10,2014, effective 10/30/201438 CR 17, September 10, 2015, effective 9/30/201539 CR 05, March 10, 2016, effective 3/30/201639 CR 17, September 10, 2016, effective 9/30/201640 CR 17, September 10, 2017, effective 9/30/2017Renumbered from 8 CCR 1505-1-1.1.3140 CR 17, September 10, 2017, effective 9/30/2017Renumbered from 8 CCR 1505-1-1.1.4940 CR 17, September 10, 2017, effective 9/30/2017Renumbered from 8 CCR 1505-1-10.1040 CR 17, September 10, 2017, effective 9/30/2017Renumbered from 8 CCR 1505-1-10.1140 CR 17, September 10, 2017, effective 9/30/2017Renumbered from 8 CCR 1505-1-10.1240 CR 17, September 10, 2017, effective 9/30/2017Renumbered from 8 CCR 1505-1-10.1340 CR 17, September 10, 2017, effective 9/30/2017Renumbered from 8 CCR 1505-1-10.540 CR 17, September 10, 2017, effective 9/30/2017Renumbered from 8 CCR 1505-1-10.640 CR 17, September 10, 2017, effective 9/30/2017Renumbered from 8 CCR 1505-1-10.740 CR 17, September 10, 2017, effective 9/30/2017Renumbered from 8 CCR 1505-1-10.840 CR 17, September 10, 2017, effective 9/30/2017Renumbered from 8 CCR 1505-1-10.940 CR 17, September 10, 2017, effective 9/30/2017Renumbered from 8 CCR 1505-1-11.340 CR 17, September 10, 2017, effective 9/30/2017Renumbered to 8 CCR 1505-1-1.1.3240 CR 17, September 10, 2017, effective 9/30/2017Renumbered to 8 CCR 1505-1-1.1.5140 CR 17, September 10, 2017, effective 9/30/201741 CR 01, January 10, 2018, effective 1/30/201841 CR 08, April 25, 2018, effective 5/15/201841 CR 18, September 25, 2018, effective 10/15/201842 CR 18, September 25, 2019, effective 10/15/201943 CR 05, March 10, 2020, effective 2/3/202043 CR 15, August 10, 2020, effective 8/30/202044 CR 18, September 25, 2021, effective 10/15/202145 CR 15, August 10, 2022, effective 8/30/202246 CR 09, May 10, 2023, effective 5/30/202346 CR 20, October 25, 2023, effective 9/22/2023 exp. 1/20/2024 (Emergency)46 CR 20, October 25, 2023, effective 11/14/202347 CR 19, October 10, 2024, effective 9/9/2024, exp. 1/7/2025 (Emergency)