View From a Height
Commentary from the Mile High City
Friday, October 22, 2004

Election Judge Law 

A couple of readers have been worrying that local election officials might try to stack the ranks of election judges with Democrats. Presumably such individuals would be more likely to break down and let people vote without proper ID, etc. Or they might be more persuded by argument, both subtle and not, from Democratic poll watchers. I don't think this is an issue.

Colorado Law is pretty clear on this point:


1-6-109. Party affiliation of election judges in partisan elections.

(1) For partisan elections in precincts that have an even number of election judges, each major political party is entitled to one-half of the number of election judges.

(2) For partisan elections in precincts that have an odd number of election judges, one major political party is entitled to the extra election judge in one-half of the precincts, as determined by the county clerk and recorder, and the other major political party is entitled to the extra election judge in the other one-half of the precincts, as determined by the county clerk and recorder.

(3) If an odd number of precincts exist, the county clerk and recorder shall determine which major political party is entitled to any extra election judge. The county clerk and recorder shall make this determination either by mutual agreement of both of the major political parties or, if the two major political parties cannot agree, by lot.


and


1-6-111. Number of election judges.

(1) For partisan elections, the county clerk and recorder shall appoint at least three election judges to serve as polling place judges for each precinct to perform the designated functions, one of whom may be a student election judge appointed pursuant to the provisions of section 1-6-101 (7). In each precinct, notwithstanding any other provision of this article and subject to the availability of election judges who meet the affiliation requirements of section 1-6-109, of the election judges appointed to serve as polling place judges pursuant to the provisions of this subsection (1), there shall be at least one election judge from each major political party who is not a student election judge.

(2) (Deleted by amendment, L. 98, p. 580, ยง 10, effective April 30, 1998.)

(3) When two election judges who are not of the same political affiliation are present at the polls, voting may proceed. (Emphasis added -ed.)


I suppose a whole host of, say Democrats could be induced to change their party affiliation, to stack the polls with election judges working under false colors, but the number of people required to be "in" on such a conspiracy would be unsupportable. People talk.

Of course, there's also no reason the process couldn't work the other way in some places, with Republican election judges wrongly disenfranchising some voters.



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