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1437 Bannock St . Denver , Colorado 80202 - Brennan Center for ...

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i. Mail Ballot Elections<strong>Colorado</strong> law permits counties to conduct mail ballot elections “under specifiedcircumstances.” Section 1-7.5-102, C.R.S. (2012). A mail ballot election is “an election <strong>for</strong>which eligible electors may cast ballots by mail and in accordance with [the Election Code] in aprimary election or an election that involves only nonpartisan candidates or ballot questions orballot issues.” Section 1-7.5-103(4), C.R.S. (2012). “Election” is defined as “any election underthe ‘Uni<strong>for</strong>m Election Code of 1992’ or the ‘<strong>Colorado</strong> Municipal Election Code of 1965””,article 10 of title 31, C.R.S.” Section 1-7.5-103(2), C.R.S. (2012) Mail ballot elections areoptional. Section 1-7.5-104(1), C.R.S. (2012). The election official responsible <strong>for</strong> conducting amail ballot election must notify the Secretary no later than fifty-five days prior to election.Section 1-7.5-105(1), C.R.S. (2012). For primary elections conducted as mail ballot elections,the official must notify the Secretary no later than ninety days prior to the election. Section 1-7.5-105(1.5), C.R.S. (2012) The notification must include a proposed plan <strong>for</strong> conducting themail ballot election. Sections 1-7.5-105(1), (1.5). The plan may be based on the standard planadopted by the Secretary. Id. Political subdivisions that opt to conduct a mail ballot election mustdo so “under the supervision of the secretary of state” and “subject to rules which shall bepromulgated by the secretary of state.” Sections 1-7.5-104(1) and -106(1)(c) C.R.S. (2012).In a mail ballot election, the election official “shall mail to each active registered electora mail ballot packet” (Emphasis added) Section 1-7.5-107(3)(a)(I), C.R.S. (2012). If a primaryelection is conducted as a mail ballot election, ballots must be mailed to “active registeredelectors who are affiliated with a political party” and “to each registered elector who is affiliatedwith a political party and whose registration is marked as ‘Inactive-failed to vote’.” Section 1-7.5-107(3)(a)(II)(a), C.R.S. (2012).18

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