1-13-714. Electioneering - removing and return of ballot - definition.

Statute text

(1) (a) No person shall do any electioneering on the day of any election, or during the time when voting is permitted for any election, within any polling location or in any public street or room or in any public manner within one hundred feet of any building in which a polling location is located, as publicly posted by the designated election official.

(b) (I) As used in this section, the term "electioneering" includes:

(A) Campaigning for or against any candidate who is on the ballot or any ballot issue or ballot question that is on the ballot.

(B) The distribution or display of campaign posters, signs, or other campaign materials or apparel, including materials or apparel promoting or opposing a candidate or displaying a candidate's name, likeness, or campaign slogan.

(C) Soliciting signatures for a candidate petition, a recall petition, or a petition to place a ballot issue or ballot question on a subsequent ballot.

(II) "Electioneering" does not include a respectful display of the American flag.

(c) Nothing in this section limits or prohibits the incidental display of buttons, shirts, hats, or other apparel that support various causes or political issues by individuals who are traveling through corridors subject to the one-hundred-foot electioneering restriction specified in subsection (1)(a) of this section seeking access to areas other than polling locations on campuses of institutions of higher education.

(2) Except as necessary for ballot counting, no person may remove any official ballot from the polling location before the closing of the polls.

(3) Any person who violates any provision of this section upon conviction shall be punished as provided in section 1-13-111.

History

Source: L. 80: Entire article R&RE, p. 435, 1, effective January 1, 1981. L. 94: Entire section amended, p. 1179, 72, effective July 1. L. 95: Entire section amended, p. 853, 88, effective July 1. L. 2006: Entire section amended, p. 2035, 23, effective June 6. L. 2013: Entire section amended, (HB 13-1303), ch. 185, p. 748, 121, effective May 10. L. 2016: Entire section amended, (SB 16-142), ch. 173, p. 589, 72, effective May 18. L. 2021: (1) amended, (SB 21-250), ch. 282, p. 1667, 69, effective June 21; (3) amended, (SB 21-271), ch. 462, p. 3129, 36, effective March 1, 2022. L. 2023: (1)(c) amended, (SB 23-276), ch. 399, p. 2393, 44, effective June 6.

Annotations

Editor's note: This section is similar to former 1-13-127 and 1-30-114 (1) as they existed prior to 1980.

Annotations

Cross references: In 2013, this section was amended 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.