Current through Register Vol. 47, No. 17, September 10, 2024
17.1 Provisional
voting in the voter service and polling center
17.1.1 The county clerk must use the approved
provisional ballot affidavit form.
17.1.2 Issuance of mail ballots instead of
provisional ballots
(a) If a voter service and
polling center loses connectivity to SCORE an election judge must attempt to
verify the elector's eligibility.
(1)
Eligibility may be determined by reviewing or receiving information produced
from the statewide voter registration system either in real-time or within the
preceding 24 hours; except if the time for voting is extended beyond 7 p.m. on
election day by a court order, in which case eligibility may be determined by
reviewing or receiving information produced from the statewide voter
registration system either in real-time or no earlier than the day
prior.
(2) If the elector's
eligibility can be determined, the judge must issue the elector a mail ballot
or replacement mail ballot. If an elector's eligibility cannot be determined,
the election judge must issue the voter a provisional ballot.
(b) Beginning the Friday before
election day, a county clerk must keep a paper or electronic backup of the
county's voter registration list produced from the preceding day for the
purpose of determining eligibility under this rule.
17.1.3 The word "provisional" must be marked
on the provisional ballot and on the signature card, if applicable, next to the
elector's name.
17.1.4 A county
clerk must have the ability to issue provisional ballots and envelopes totaling
10% of voters who appeared in person in the last election of the same
type.
17.2 Verification
of Provisional Ballots
17.2.1 The county clerk
must process and tabulate all mail and in-person ballots before processing
provisional ballots.
17.2.2 The
county must process all mail ballots and signature cards in SCORE before
processing provisional ballots.
17.2.3 Verification of an elector's
eligibility to have his or her provisional ballot counted is limited to the
following sources:
(a) Sources provided by the
Secretary of State or law enforcement agencies regarding felons who are serving
a sentence of detention or confinement or on parole;
(b) SCORE; and
(c) The information provided on the
provisional ballot envelope, including the affidavit.
17.2.4 When verifying provisional ballots,
the designated election official must check SCORE to determine whether the
elector has already voted in the election.
17.2.5 If during verification it appears that
the elector's record was cancelled or consolidated as a duplicate in error, the
ballot must be counted so long as the elector has not cast a ballot in the
election, the affidavit is complete, and the elector is otherwise eligible. The
county clerk must reinstate or unconsolidate the elector's record and update
the elector's record before marking the elector's provisional ballot as
accepted or rejected in SCORE and before linking it to the elector's
record.
17.2.6 When the county
clerk receives both a mail ballot and a provisional ballot from an elector, but
there is a discrepancy between the signature on the returned mail ballot
envelope and the elector's signature stored in SCORE, the discrepancy must be
resolved. Before the county clerk may verify the provisional ballot affidavit,
the elector must affirm that the signature on the mail ballot envelope is not
his or her signature. Sections
1-8.5-105(4) and
(5), C.R.S.
17.2.7 If an elector whose voter registration
record is tagged ID required casts a provisional ballot without providing valid
identification, the county clerk must verify and count the provisional ballot
as follows:
(a) The county clerk must send the
elector a letter within three days after the ballot is cast, and no later than
two days after election day, explaining that he or she must provide the
required identification. Nothing in this Rule prohibits the county clerk from
calling the elector; however, a phone call does not substitute for notification
to the elector in writing. If the county clerk calls any elector he or she must
call all electors who failed to provide required identification.
(b) If the elector provides a copy of valid
identification within eight days after election day, the county clerk must
count the ballot so long as the elector has not cast another ballot in the
election, the affidavit is complete, and the elector is otherwise
eligible.
17.2.8 If the
information contained in the provisional ballot affidavit provides adequate
criteria so that the county clerk is able to confirm that the elector is
eligible to cast a ballot, the provisional ballot must count.
17.2.9 Acceptance Codes (The county clerk
must count all races.)
AOK Reviewed and confirmed voter's eligibility.
ADB Election official issued the elector the wrong ballot
style. The voted ballot will be duplicated and only races and issues for which
the elector is qualified to vote may be counted.
ALC Elector voted a provisional ballot because the voter
service and polling center lost connectivity and the voter's eligibility could
not be otherwise determined. Elector's eligibility is confirmed.
17.2.10 Rejection Codes (The
county clerk must not count a ballot given a rejection code):
RNS (Rejection not signed) Provisional Ballot Affidavit not
signed.
RIN (Rejection incomplete information provided) Required
information is incomplete and the designated election official is unable to
confirm voter's eligibility.
REE (Rejection envelope empty) Provisional ballot envelope is
empty.
RAB (Rejection voter voted mail ballot) Designated election
official has confirmed that voter voted a mail ballot.
RED (Rejection based upon ballot cast in person) Voter voted
in a Voter Service Center or Polling Center.
RIP (Rejection based on incorrect party) Incorrect Party in
Primary Election.
RFE (Rejection not eligible to vote due to felony
incarceration) Individual was convicted of a felony and is serving a sentence
of confinement or detention.
RWC (Rejection elector not a resident of the district,
county, or the State of Colorado) The individual does not reside within the
district, county, or state, as applicable, and is not eligible to vote in the
county where the provisional ballot was voted.
RID (Rejection first time voter has not supplied
identification upon registration or thereafter prior to and during time voter
voted) First Time Voter is tagged ID deficient, and did not provide ID at the
time of voting.
17.3 The provisional ballot log required by
section 1-8.5-110(4),
C.R.S., may be prepared by the county clerk in handwritten or
computer-generated form.
17.4
Recount procedures for provisional ballots are the same as the recount
procedures for other ballots as directed by the Secretary of State.
17.5 Processing provisional ballot affidavits
in SCORE. Before closing an election, the county clerk must:
17.5.1 Enter all provisional ballot
affidavits into the SCORE provisional module;
17.5.2 Process all voter registration
updates; and
17.5.3 Link all
provisional ballot affidavits to the appropriate elector's record.
17.6 Public access to provisional
ballot information
17.6.1 The list of voters
who cast a provisional ballot and the accept/reject code for the ballot is
available for public inspection.
17.6.2 In accordance with section
24-72-204(8),
C.R.S., the county clerk must not release an original or copy of the elector's:
(a) Month and day of date of birth;
(b) Driver's license or Department of Revenue
identification number;
(c) Social
security number;
(d) Email address;
or
(e) Signature.
17.6.3 If a voter has requested
confidentiality under section
24-72-204 (3.5), C.R.S., the
county clerk must not release the elector's address or telephone
number.
17.6.4 If a voter has
requested confidentiality under section
24-30-2101, C.R.S., the county
clerk must not release the provisional ballot affidavit.
17.7 Voter Access to Provisional Ballot
Information
17.7.1 The Secretary of State will
provide a provisional ballot lookup on the Secretary's website during the 45
days following election day.
17.7.2
The county clerk must number the provisional ballot envelope or affidavit stock
using the standard numbering convention approved by the Secretary of State.
[Section
1-8.5-111, C.R.S.]
