Processing, counting, and challenging absentee/mail-in ballots in Colorado, 2020
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In August 2020, The New York Times estimated that 80 million Americans would vote by absentee/mail-in ballot in November 2020. That would have been more than double the number who did so in November 2016.[1] The processes states use to count absentee/mail-in ballots have come under closer inspection by state officials, candidates, political parties, and the media.
This article describes the rules in Colorado for processing, counting, and rejecting absentee/mail-in ballots in effect for the November 2020 election. It includes:
- How ballots are processed and counted
- Whether ballots can be challenged
- Conditions for rejecting a ballot
- Whether voters can correct mistakes on a ballot
The 2020 election took place against a backdrop of uncertainty. Our readers had questions about what to expect in elections at all levels of government, from the casting of ballots to the certification of final results. Ballotpedia's 2020 Election Help Desk was designed to answer those questions.
Processing and counting ballots
Upon receiving completed absentee/mail-in ballots, election officials must first process the ballots before they can be counted. Processing generally entails verifying voter signatures and physically preparing ballots for tabulation. Processing practices can vary widely from state to state. Counting entails the actual tabulation of votes.
The table below highlights key dates and deadlines related to absentee/mail-in voting in Colorado for the November 2020 election.
Processing ballots
As of November 2020, Colorado law did not specify when ballot processing could begin. State law included the following provision for processing absentee/mail-in ballots:
| “ | (1) (a) Before opening any mail ballot, one of the receiving judges, in the presence of a majority of the receiving judges, shall inspect the self-affirmation on the return envelope. (b) The self-affirmation is valid if: (I) The self-affirmation was completed by the elector; (II) The self-affirmation was signed by the elector or, if the elector is unable to sign, marked by the elector with or without assistance and witnessed by another person; and (III) In any election conducted by a county clerk and recorder, the signature on the self-affirmation matches the signature stored in the statewide voter registration system, or the eligible elector's marks on the application and the self-affirmation were witnessed by other persons. (c) If the self-affirmation is valid, the receiving judge shall open the envelope without defacing the self-affirmation or mutilating the enclosed ballot. (d) For the purposes of subparagraph (III) of paragraph (b) of this subsection (1), the signatures on an eligible elector's self-affirmation and stored in the statewide voter registration system shall be compared in the manner prescribed by section 1-7.5-107.3. (2) If the self-affirmation on the return envelope is invalid, the election judges shall mark the envelope "rejected" and shall write on the envelope the reason for the rejection. The envelope shall be set aside without being opened, and the ballot, if cured, shall be counted.[2] | ” |
Counting ballots
Officials in Colorado began counting absentee/mail-in ballots on October 19, 2020. As of November 2020, Colorado law included the following provision for counting absentee/mail-in ballots:
| “ | "The election officials at the mail ballot counting place may receive and prepare mail ballots delivered and turned over to them by the designated election official for tabulation. Counting of the mail ballots may begin fifteen days prior to the election and continue until counting is completed. The election official in charge of the mail ballot counting place shall take all precautions necessary to ensure the secrecy of the counting procedures, and no information concerning the count shall be released by the election officials or watchers until after 7 p.m. on election day."
"(1) Mail ballots and any ballots cast at a voter service and polling center in lieu of a mail ballot must be counted after delivery of the ballots as provided in section 1-7.5-203 and after preparation of the ballots as provided in section 1-7.5-204. (2) Mail ballots must be counted in one of the following ways: (a) In counties that use paper ballots, the mail ballots may be counted in the same manner as paper ballots. (b) Any county may use electronic vote-tabulating equipment for the counting of mail ballots in the same manner provided for the counting of ballots in part 6 of article 5 and parts 4 and 5 of article 7 of this title. (c) Ballots that are cast directly on electronic or electromechanical vote-tabulating equipment at a voter service and polling center in lieu of a mail ballot shall be counted in the same manner as provided for the counting of ballots in part 6 of article 5 and parts 4 and 5 of article 7 of this title."[2] |
” |
See law: Colorado Revised Statutes, Section 1-7.5-107.5. Counting mail ballots.
Colorado law included the following provision for who may count absentee/mail-in ballots:
| “ | If the county clerk and recorder or designated election official has mailed or delivered mail ballots to five hundred or more electors, the county clerk and recorder or designated election official shall appoint, in addition to the voter service and polling center judges appointed to staff voter service and polling centers described in section 1-7.5-107, at least three counting judges, not more than two of whom shall be from any one major political party. For each additional five hundred mail ballots so mailed or delivered, the county clerk and recorder or designated election official may appoint additional counting judges as needed. In all political subdivisions in which electronic or electromechanical voting systems are used, the county clerk and recorder or designated election official, for each five hundred mail ballots mailed or delivered, may appoint, in addition to the voter service and polling center judges appointed to staff voter service and polling centers as described in section 1-7.5-107, five counting judges, not more than three of whom shall be from any one major political party in a partisan election.[2] | ” |
Colorado law included the following provision for poll watchers:
| “ | Any political party, candidate, proponents, or opponents of a ballot issue entitled to have watchers at voter service and polling centers each has the right to maintain one watcher in the office of the designated election official and each voter service and polling center during the period in which mail ballots may be applied for or received.[2] | ” |
See law: Colorado Revised Statutes, Section 1-7.5-114. Watchers at voter service and polling centers.
Challenging ballots
Absentee/mail-in ballots may be challenged in an attempt to prevent the ballot from being counted. Ballots may be challenged for a variety of reasons, including: allegations that the voter is not qualified to vote in the election, the ballot was not received by the stated deadline, or that the voter had already voted in the same election. The methods and reasons for challenging ballots vary and are provided in state law. States without such provisions do not allow challenging absentee/mail-in ballots.
As of November 2020, Colorado law included the following provision for challenging ballots:
| “ | Votes cast pursuant to this article may be challenged pursuant to and in accordance with law. Any mail ballot election held pursuant to this article shall not be invalidated on the grounds that an eligible elector did not receive a ballot so long as the designated election official for the political subdivision conducting the election acted in good faith in complying with the provisions of this article or with rules promulgated by the secretary of state.[2] | ” |
See law: Colorado Revised Statutes, Section 1-7.5-110. Challenges.
Rejecting ballots
As of November 2020, Colorado law included the following provision for rejecting absentee/mail-in ballots:
| “ | A mail ballot is valid and shall be counted only if it is returned in the return envelope, the self-affirmation on the return envelope is signed and completed by the eligible elector to whom the ballot was issued, and the information on the return envelope is verified in accordance with subsection (5) of this section.[2] | ” |
See law: Colorado Revised Statutes, Section 1-7.5-204. Preparing to count mail ballots - rejections.
Ballot curing
Ballot curing refers to the process by which voters can correct mistakes—such as a missing or mismatched signature—with an absentee/mail-in ballot so that the ballot can be counted. Ballot curing provisions lay out this process in state law. States without such provisions do not count absentee/mail-in ballots with errors.[3]
As of November 2020, Colorado law included the following provision for curing ballots:
| “ | "If, upon comparing the signature of an eligible elector on the self-affirmation on the return envelope with the signature of the eligible elector stored in the statewide voter registration system, the election judge determines that the signatures do not match, or if a signature verification device used pursuant to subsection (5) of this section is unable to determine that the signatures match, two other election judges of different political party affiliations shall simultaneously compare the signatures. If both other election judges agree that the signatures do not match, the county clerk and recorder shall, within three days after the signature deficiency has been confirmed, but in no event later than two days after election day, send to the eligible elector at the address indicated in the registration records and to the eligible elector's electronic mail address if available a letter explaining the discrepancy in signatures and a form for the eligible elector to confirm that the elector returned a ballot to the county clerk and recorder. If the county clerk and recorder receives the form within eight days after election day confirming that the elector returned a ballot to the county clerk and recorder and enclosing a copy of the elector's identification as defined in section 1-1-104 (19.5), and if the ballot is otherwise valid, the ballot shall be counted. If the eligible elector returns the form indicating that the elector did not return a ballot to the county clerk and recorder, or if the eligible elector does not return the form within eight days after election day, the self-affirmation on the return envelope shall be categorized as incorrect, the ballot shall not be counted, and the county clerk and recorder shall send copies of the eligible elector's signature on the return envelope and the signature stored in the statewide voter registration system to the district attorney for investigation."
"(a) If an eligible elector returns a ballot but does not have a signature stored in the statewide voter registration system, the county clerk and recorder shall, within three days after the missing signature is confirmed, but in no event later than two days after election day, send to the eligible elector at the address indicated in the registration records and to the eligible elector's electronic mail address if available a letter explaining the need for a signature for verification purposes and a form with instructions for the eligible elector to: (I) Confirm that the eligible elector returned a ballot to the county clerk and recorder; (II) Provide a copy of the eligible elector's identification as defined in section 1-1-104 (19.5); and (III) Provide a signature for verification in accordance with this section. (b) If the county clerk and recorder receives the form within eight days after election day confirming that the eligible elector returned a ballot to the county clerk and recorder and enclosing a copy of the eligible elector's identification as defined in section 1-1-104 (19.5), and if the ballot is otherwise valid, the ballot shall be counted. If the eligible elector returns the form indicating that the eligible elector did not return a ballot to the county clerk and recorder, or if the eligible elector does not return the form within eight days after election day or does not enclose identification, the ballot shall not be counted."[2] |
” |
See law: Colorado Revised Statutes, Section 1-7.5-107.3. Verification of signatures - rules.
Rules in other states
Click on a state below to view information on processing, counting, and challenging absentee/mail-in ballots in that state.
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
More frequently asked questions about the 2020 election
Click on a question below to read the answer:
- General election information
- Who runs elections in the United States?
- Why do states have different election rules?
- What methods do states use to prevent election fraud?
- Do you have to vote for everything on your ballot?
- What happens if you mark outside the lines or use the wrong pen/pencil?
- What is a spoiled ballot?
- What is a write-in candidate?
- How can I check the status of my ballot?
- Can I take a ballot selfie?
- Presidential election
- What happens if a presidential candidate declares victory in the 2020 election before results are final?
- Can presidential candidates win the election if they have already conceded?
- What are the steps and deadlines for electing the President of the United States?
- What happens if there is a tie in the Electoral College?
- What are faithless electors in the Electoral College?
- What happens if a presidential nominee becomes incapacitated before the election?
- Can members of Congress object to Electoral College results?
- Processing and counting absentee/mail-in ballots
- What is the life cycle of an absentee/mail-in ballot?
- What happens if I vote by mail and want to change my ballot at a later date?
- What happens if someone votes by mail and then tries to vote in person?
- How do states protect and verify absentee/mail-in ballots?
- How do election workers match signatures?
- Are results reported on election night coming from in-person or absentee/mail-in votes?
- Do states report how many mail-in/absentee ballots are outstanding on election night?
- Do absentee/mail-in ballots take longer to count than in-person ballots?
- What happens if someone votes by mail-in ballot or absentee ballot and subsequently passes away before Election Day?
- Disputing election results
- How will election recounts work?
- How close does an election have to be to trigger an automatic recount?
- Can a candidate or voter request a recount?
- Who pays for recounts and contested elections?
- What are poll watchers?
- What does it mean to challenge a voter's eligibility, and who can do it?
- What is a redo election?
- Who can file election-related lawsuits?
- What are the reasons to call a redo election?
- Who can call a redo election?
- Can a redo be held for a presidential election?
- Transitions of power and taking office
- Who is the president if election results are unknown by January 20, 2021?
- Who serves in Congress if election results are unknown by January 2021?
- Who serves in a state or local government if election results are unknown?
- What happens if the winning presidential candidate becomes incapacitated before taking office?
- Articles about potential scenarios in the 2020 election
- U.S. Supreme Court actions affecting the November 3, 2020, general election
See also
- Ballotpedia's 2020 Election Help Desk
- Ballotpedia's 2020 Election Help Desk: Processing and counting absentee/mail-in ballots
- Absentee/mail-in voting, 2020
Footnotes
- ↑ The New York Times, "Where Americans Can Vote by Mail in the 2020 Elections," August 14, 2020
- ↑ 2.0 2.1 2.2 2.3 2.4 2.5 2.6 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ National Conference of State Legislatures, "VOPP: Table 15: States That Permit Voters to Correct Signature Discrepancies," September 21, 2020
