Section 1-7.5-105 - Preelection process - rules(1)(a) The county clerk and recorder or designated election official responsible for conducting an election that is to be by mail ballot pursuant to section 1-7.5-104 (1) shall send a proposed election plan for conducting the mail ballot election to the secretary of state no later than ninety days prior to a nonpartisan election or, for any mail ballot election that is coordinated with or conducted by the county clerk and recorder, no later than one hundred ten days prior to the election. The proposed plan may be based on the standard plan adopted by the secretary of state by rule.(b) For each general election, a county clerk and recorder or designated election official shall solicit public comment on the proposed locations for voter service and polling centers and drop boxes in an election plan required pursuant to subsection (1)(a) of this section. On or before the fifty-fifth day before the deadline to submit the plan to the secretary of state, the county clerk and recorder or designated election official shall post to the county clerk and recorder's website the proposed locations for voter service and polling centers and drop boxes. The county clerk and recorder shall accept public comments on the proposed locations through the fortieth day before the deadline to submit the plan to the secretary of state.(1.3) The election plan required under subsection (1) of this section must include, at a minimum: (a) The address and hours of operation for each voter service and polling center;(b) The address and hours of operation for each ballot drop-off location, including the location of each drop box;(c) A throughput analysis for each designated voter service and polling center that addresses: (I) The number of electors anticipated at the center during its operation;(II) If the center was used in a previous election, the wait times and number of electors that used the center in the previous election; and(III) The number of election judges, check-in stations, printers, and other equipment that will be in use at the center;(d) A copy of the mail ballot packet that will be used in the election;(e) A copy of the signature card that will be used for in-person voting in accordance with section 1-7-110;(f) Copies of all forms that will be available or provided to electors to cure deficiencies or errors during the election with the county-specific information filled in;(f.5) The information required by section 1-7.5-113.5 (2); and(g) Such other information as the secretary of state may require.(2)(a) The secretary of state shall approve or disapprove the written plan for conducting a mail ballot election, in accordance with section 1-7.5-106, within twenty days after receiving the plan and shall provide a written notice to the affected political subdivision.(c) The secretary of state may promulgate rules concerning the submission and approval of election plans.(3) The county clerk and recorder or designated election official shall supervise the distribution, handling, and counting of ballots and the survey of returns in accordance with rules promulgated by the secretary of state as provided in section 1-7.5-106 (2) and shall take the necessary steps to protect the confidentiality of the ballots cast and the integrity of the election.(4) No elector information shall be delivered in the form of a sample ballot.Amended by 2021 Ch. 282, § 37, eff. 6/21/2021.Amended by 2019 Ch. 326, § 40, eff. 8/2/2019.Amended by 2013 Ch. 185, § 84, eff. 5/10/2013.L. 92: Entire article R&RE, p. 753, § 10, effective 1/1/1993. L. 93: (1) amended, p. 1423, § 83, effective July 1. L. 94: (1) amended, p. 1166, § 40, effective July 1. L. 95: (1) amended, p. 840, § 61, effective July 1. L. 2007: (1) and (2) amended, p. 922, § 1, effective May 17. L. 2009: (1.5) added and (2) amended, (HB 09-1015), ch. 1184, p. 1184, § 5, effective August 5. L. 2010: (1) and (2)(a) amended, (HB 10-1116), ch. 834, p. 834, § 19, effective May 5; (2)(b) amended, (HB 10-1422), ch. 2062, p. 2062, § 2, effective August 11. L. 2012: (1) and (1.5)(a) amended, (HB 12-1292), ch. 181, p. 686, § 32, effective May 17. L. 2013: (1) and (3) amended and (1.5) and (2)(b) repealed, (HB 13-1303), ch. 726, p. 726, § 84, effective May 10. L. 2019: (1) amended and (1.3) and (2)(c) added, (HB 19-1278), ch. 3029, p. 3029, § 40, effective August 2. (1) This section is similar to former § 1-7.5-105 as it existed prior to 1992.
(2) Section 85 of chapter 282 (SB 21-250), Session Laws of Colorado 2021, provides that the act changing this section applies to elections conducted on or after June 21, 2021.
(1) In 2013, subsections (1) and (3) were amended and subsections (1.5) and (2)(b) were repealed by the "Voter Access and Modernized Elections Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013. (2) For the short title ("Colorado Votes Act") in HB 19-1278, see section 1 of chapter 326, Session Laws of Colorado 2019.