(III) Entitled to vote otherwise than in person under any other federal law.

Source: L. 96: Entire article amended with relocations, p. 1753, § 46, effective July 1. L. 97: (2) amended, p. 188, § 12, effective August 6. L. 2002: (1) amended, p. 1635, § 19, effective June 7. L. 2003: (1) amended, p. 1281, § 8, effective April 22; (3) added, p. 2079, § 16, effective May 22. L. 2004: (1)(a) and (1)(d) amended and (1)(b) and (1)(c) repealed, pp. 1053, 1054, §§ 7, 9, effective May 21. L. 2005: (1)(d) and (3)(d) amended, p. 1412, § 32, effective June 6; (1)(d) and (3)(d) amended, p. 1447, § 32, effective June 6. L. 2006: IP(3)(a) amended, p. 2033, § 14, effective June 6. L. 2007: (1)(a), (1)(d), (2), (3)(b), (3)(c), and (3)(d) amended, p. 1785, § 32, effective June 1. L. 2009: (1)(a) amended, (HB 09-1186), ch. 98, p. 366, § 1, effective April 3; (1)(a) amended, (HB 09-1205), ch. 383, p. 2081, § 5, effective August 5; (1)(e) added, (HB 09-1216), ch. 165, p. 729, § 5, effective August 5; (3)(d) amended, (HB 09-1336), ch. 261, p. 1199, § 8, effective August 5.

Editor's note: (1) This section was formerly numbered as 1-8-114 (1) and (2).

(2) Amendments to this subsection (1)(a) by House Bill 09-1186 and House Bill 09-1205 were harmonized.

(3) Subsections (1)(a) and (3)(d) were amended and subsection (1)(e) was added in 2009 acts that were passed without safety clauses. The acts, or portions thereof, may not take effect if the people exercise their right to petition under article V, section 1 (3) of the state constitution. For further explanation concerning the effective dates, see page ix of this volume.

Am. Jur.2d. See 26 Am. Jur.2d, Elections, §§ 331-339.

C.J.S. See 29 C.J.S., Elections, § 336.

Annotator's note. The following annotations include cases decided under former provisions similar to this section.

A voter wishing to cast an absentee vote must comply with all the statutory demands, and the power of the board of elections is held within those lines. Bullington v. Grabow, 88 Colo. 561, 298 P. 1059 (1931).

Absentee voting is in derogation of the general election law and should be strictly construed. Bullington v. Grabow, 88 Colo. 561, 298 P. 1059 (1931).

For a strict construction of prescribed procedures is necessary to safeguard the exercise of the elective franchise. Bullington v. Grabow, 88 Colo. 561, 298 P. 1059 (1931).

And the general assembly undoubtedly intended that a voter be held to a strict performance of the prescribed absentee voting procedures. Bullington v. Grabow, 88 Colo. 561, 298 P. 1059 (1931).

Thus, execution by a voter of the affidavit is a mandatory precedent to the right to so vote, and if not furnished, the ballot should not be counted. Bullington v. Grabow, 88 Colo. 561, 298 P. 1059 (1931).

However, objection to method of casting vote not considered where vote not mentioned in statement of contest. Israel v. Wood, 98 Colo. 495, 56 P.2d 1324 (1936).

Voter cannot be disenfranchised for clerk's mistake. A voter who has performed every act required of him cannot be disenfranchised because of irregularities or mistakes of the county clerk. Kellogg v. Hickman, 12 Colo. 256, 21 P. 325 (1888); Lehman v. Pettingell, 39 Colo. 258, 89 P. 48 (1907); Bullington v. Grabow, 88 Colo. 561, 298 P. 1059 (1931).

Election officials are presumed to comply with the law. Bullington v. Grabow, 88 Colo. 561, 298 P. 1059 (1931).