Article 2 Qualifications and registration of electors

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Part 1 Qualifications of electors

1-2-101. Qualifications for registration - preregistration.

(1) Every person who is eighteen years of age or older on the date of the next election and who has the following qualifications is entitled to register to vote at all elections:

(a) The person is a citizen of the United States; and

(b) The person has resided in this state twenty-two days immediately prior to the election at which the person intends to vote.

(2) (a) (I) Notwithstanding subsection (1) of this section, upon satisfactory proof of age, every person who is otherwise qualified to register and is sixteen years of age or older but will not have reached eighteen years of age by the date of the next election may preregister and update his or her preregistered information by any means authorized in this article for persons eighteen years of age or older. Upon reaching eighteen years of age, the person is automatically registered.

(II) Repealed.

(b) The registration requirements of section 1-2-201 apply to a person preregistering to vote under this subsection (2).

(c) A person preregistered under this subsection (2) who is seventeen years of age on the date of a primary election or presidential primary election and who will be eighteen years of age on the date of the next general election is entitled to vote in the primary election or presidential primary election.

(3) Repealed.

1-2-102. Rules for determining residence.

(1) The following rules shall be used to determine the residence of a person intending to register or to vote in any precinct in this state and shall be used by election judges in challenge procedures:

(a) (I) The residence of a person is the principal or primary home or place of abode of a person. A principal or primary home or place of abode is that home or place in which a person's habitation is fixed and to which that person, whenever absent, has the present intention of returning after a departure or absence, regardless of the duration of the absence. A residence is a permanent building or part of a building and may include a house, condominium, apartment, room in a house, or mobile home. No vacant lot or business address shall be considered a residence.

(II) For the purpose of voter registration residence, a homeless elector shall identify a specific location within a county where the elector returns to regularly. This location may include a homeless shelter, a homeless services provider, a park, a campground, a vacant lot, a business address, or any other physical location. If the homeless elector's registration residence does not include a mailing address, the elector shall also provide a mailing address.

(b) In determining what is the principal or primary place of abode of a person, the following circumstances relating to the person shall be taken into account: Business pursuits, employment, income sources, residence for income or other tax purposes, age, marital status, residence of parents, spouse or civil union partner, and children, if any, leaseholds, situs of personal and real property, existence of any other residences and the amount of time spent at each residence, and motor vehicle registration.

(c) The residence given for voting purposes shall be the same as the residence given for motor vehicle registration and for state income tax purposes.

(d) A person shall not be considered to have gained a residence in this state, or in any county or municipality in this state, while retaining a home or domicile elsewhere.

(e) If a person moves to any other state with the intention of making it a permanent residence, that person is considered to have lost Colorado residence after twenty-two days' absence from this state unless the person has evidenced an intent to retain a residence in this state by a self-affirmation executed pursuant to section 1-7.5-107 (3)(b.5).

(f) After a person moves from one residence to another and has made the new residence his or her sole legal place of residence, the person is considered to have residence at the residence in this state to which the person moved.

1-2-103. Military service - students - inmates - persons with behavioral or mental health disorders - confinement.

(1) For the purposes of registration, voting, and eligibility for office, no person gains residence by reason of that person's presence, or loses it by reason of absence, while in the civil or military service of the state or of the United States; while a student at any institution of higher education; or while confined in a correctional facility, jail, or state institution if the person is not serving a sentence for a felony conviction.

(2) The provisions of subsection (1) of this section notwithstanding, no person otherwise qualified under the provisions of this code shall be denied the right to register or to vote at any election held within this state solely because that person is a student at an institution of higher education.

(3) No provision in this section shall apply in the determination of residence or residence status of students for any college or university purpose.

(4) No person while serving a sentence of detention or confinement in a correctional facility, jail, or other location for a felony conviction is eligible to register to vote or to vote in any election. A confined prisoner who is awaiting trial but has not been tried or who is not serving a sentence for a felony conviction shall be certified by the institutional administrator, may register to vote pursuant to this article 2, and may list his or her confinement location as his or her ballot address in accordance with section 1-2-204 (2)(f.3). An individual serving a sentence of parole is eligible to register to vote and to vote in any election.

(5) A person confined in a state institution for persons with behavioral or mental health disorders shall not lose the right to vote because of the confinement.

1-2-104. Additional qualifications.

The authorizing legislation, as defined in section 1- 1-104 (1.5), may provide additional or alternative qualifications for a person to become an eligible elector of a political subdivision.

Part 2 Registration of electors

1-2-201. Registration required - deadlines - additional identifying information to be provided by first-time registrants.

(1) No person shall be permitted to cast a regular ballot at any election without first having been registered within the time and in the manner required by the provisions of this article. No charge shall be made for registration.

(2) Each elector registering shall sign his or her name on the registration record or, if unable to write, shall make a personal mark or be provided assistance to make such a mark by the county clerk and recorder or any other person authorized by the county clerk and recorder or the elector. The elector shall answer the questions required by section 1-2-204 and shall complete the self-affirmation required by section 1-2-205.

(3) (a) Any other provisions of this title to the contrary notwithstanding, an elector is permitted to vote in any primary, presidential, general, coordinated, special legislative, municipal, congressional vacancy, special district, or other election if he or she timely registers to vote before or on the date of such election.

(b) An elector may timely register to vote by:

(I) Submitting an application through a voter registration drive no later than twenty-two days before the election; except that, if the twenty-second day before an election is a Saturday, Sunday, or legal holiday, the elector is permitted to register on the next day that is not a Saturday, Sunday, or legal holiday;

(II) Registering through a high school, in accordance with part 4 of this article 2;

(III) Submitting an application through the mail, a voter registration agency, a local driver's license examination facility, or the online voter registration system established pursuant to section 1-2-202.5 (7)(c), through the eighth day prior to an election; except that, if the eighth day before an election is a Saturday, Sunday, or legal holiday, the elector is permitted to register on the next day that is not a Saturday, Sunday, or legal holiday;

(IV) Appearing in-person at the elector's county clerk and recorder's office at any time during which registration is permitted at the office; or

(V) Appearing in-person at a voter service and polling center pursuant to section 1-2-217.7 at any time during which the voter service and polling center is open, including on election day.

(4) To receive a ballot by mail for an election conducted under this code, an elector must submit his or her voter registration application on or before the eighth day before the election.

(5) An elector who submits a voter registration form and has not previously voted in the state shall:

(a) Submit with the voter registration form a copy of identification as defined in section 1-1-104 (19.5), the elector's driver's license number, or the last four digits of the elector's social security number; or

(b) Submit a copy of identification as defined in section 1-1-104 (19.5) with the elector's mail ballot in accordance with section 1-7.5-107 (3.5).

1-2-202. Registration by county clerk and recorder.

(1) The county clerk and recorder shall register any eligible elector residing in any precinct in the state of Colorado who appears in person at any office regularly maintained by the county clerk and recorder and staffed by regular employees at any time. If the elector resides in a county other than where he or she is registering, the registration shall be forwarded to the county clerk and recorder of the county in which the elector resides.

(2) Each municipal clerk shall serve as a deputy registrar. The municipal clerk shall register any eligible elector who appears in person at the municipal clerk's primary office at any time during which registration is permitted in the office of the county clerk and recorder. The municipal clerk shall deliver the new registration records to the office of the county clerk and recorder either in person or by mail no later than the tenth day of each month for the month immediately prior and in person on the day following the last day for registration preceding any election for which registration is required.

(3) (Deleted by amendment, L. 94, p. 1753, § 8, effective January 1, 1995.)

(4) If the county clerk and recorder finds that a precinct is composed of three percent or more non-English-speaking eligible electors, the county clerk and recorder shall take affirmative action to recruit full-time or part-time staff members who are fluent in the language used by the eligible electors and in English. The action shall be conducted through voluntarily donated public service notices in the media, including newspapers, radio, and television, particularly those media which serve those non-English-speaking persons.

(5) Repealed.

(6) (Deleted by amendment, L. 97, p. 471, § 3, effective July 1, 1997.)

(7) Registration records for any election shall include all those electors who have registered up to and including election day.

1-2-202.5. Online voter registration - online changes in elector information.

(1) (a) An elector may register to vote, and a registered elector may change his or her residence in the registration record or change or withdraw his or her affiliation, by completing an electronic form on the official website of the secretary of state if the elector's signature is stored in digital form  in the database systems maintained by the department of state pursuant to section 1-2-301 (1) or accessible to the department of state in accordance with the requirements of section 1-2-302 (6).

(b) The official website referenced in paragraph (a) of this subsection (1) shall be fully secure. The website shall maintain the confidentiality of all users and preserve the integrity of the data submitted. Further specifications regarding the security of the website may be promulgated by the secretary by rule in accordance with the provisions of section 1-1-107 (2)(a).

(1.5) A person may preregister pursuant to section 1-2-101 (2) on the official website referenced in, and in accordance with the signature requirements of, subsection (1) of this section, and any person that has preregistered may change his or her information on the registration record by completing an electronic form on the official website referenced in subsection (1) of this section.

(2) The secretary of state shall make available on the secretary of state's official website electronic forms for persons to apply to register to vote and for a registered elector to change his or her residence or change or withdraw his or her affiliation.

(3) The electronic voter registration form must include:

(a) (I) The questions "Are you a citizen of the United States of America?", "Are you at least sixteen years of age?", "Do you understand that you must be at least seventeen years old and turning eighteen years old on or before the date of the next general election to be eligible to vote in a primary election, and at least eighteen years old to be eligible to vote in any other election?", "Have you resided in Colorado for at least twenty-two days immediately prior to the election?","Do you reside in the precinct in which you intend to register?", "Is the address you have listed your sole legal place of residence for purposes of voting?", and "Do you affirm that you will not cast more than one ballot in any election?" and places for the elector to input answers to the questions.

(II) Following the questions listed in subparagraph (I) of this paragraph (a), the form shall include the statement "If you checked 'no' in response to any of these questions, do not complete this application because you do not qualify as an eligible elector in accordance with section 1-2-101, Colorado Revised Statutes.".

(b) The questions specified in section 1-2-204 (2) with places for the elector to input information in response to the questions;

(c) A place for the elector to input additional information, as determined by the secretary of state, necessary to locate the elector's signature in the database systems specified in subsection of this section and a place for the elector to assent to the use of the signature for voter registration purposes;

(d) The self-affirmation required under section 1-2-205; and

(e) A statement that notifies the user of the website that it is against the law to knowingly submit false information or to tamper with another person's voter registration information.

(4) (a) The electronic form for a registered elector to change his or her residence shall include the information required by section 1-2-216 (1).

(b) The electronic form for a registered elector to change or withdraw his or her affiliation shall include the information required by section 1-2-219 (1).

(c) Repealed.

(d) In addition to any other requirements of this section, in order for a registered elector to access the electronic form to change his or her residence or change or withdraw his or her affiliation, the registered elector shall submit his or her birth date and, if the elector wishes to state them, the last four digits of his or her social security number.

(5) An elector's assent on the electronic application to the use of his or her signature for voter registration purposes meets the signature requirement of section 1-2-201 (2).

(6) The county clerk and recorder shall determine if the information submitted on the electronic form is complete prior to approving a new registration or approving an elector's change in residence or change in or withdrawal of his or her affiliation.

(7) (a) When a person completes an electronic voter registration form in accordance with subsection (3) of this section and is qualified to register based on the information provided in the form, the county clerk and recorder shall search for the elector's signature in the database systems specified in subsection (1) of this section. If the signature is found, the county clerk and recorder shall approve the new registration pursuant to subsection (6) of this section and shall add the elector to the computerized statewide voter registration list maintained by the secretary of state pursuant to section 1-2-301 (1).

(b) When a registered elector completes an electronic form to change his or her residence or change or withdraw his or her affiliation, the county clerk and recorder shall search for the registered elector's signature in the database systems specified in subsection (1) of this section. If the signature is found, the county clerk and recorder shall approve the change in status pursuant to subsection (6) of this section and shall make the changes indicated on the electronic form in the computerized statewide voter registration list maintained by the secretary of state pursuant to section 1-2-301 (1).

(c) (I) A person attempting to register or update his or her residence through the online voter registration system after the eighth day before an election shall be registered and immediately informed that the person must instead visit a voter service and polling center to receive a ballot for the election.

(II) A change or withdrawal of affiliation made in accordance with this section applies to an election if the elector completes the electronic form no later than twenty-nine days before the election; except that, if the twenty-ninth day before an election is a Saturday, Sunday, or legal holiday, the change or withdrawal applies if made by the next day that is not a Saturday, Sunday, or legal holiday.

(8) (a) No later than July 1, 2011, the secretary of state shall make available on the secretary of state's official website a link to the department of revenue's official website, whereby an elector may change his or her address information on file with the department of revenue for driver's license or identification card purposes.

(b) No sooner than November 1, 2011, and no later than January 1, 2012, the secretary of state shall make available on the secretary of state's official website a link to the department  of revenue's official website, whereby an elector may change his or her address information for state income tax purposes.

1-2-203. Registration on Indian reservations.

(1) The secretary or secretary's designee of any tribal council of an Indian tribe located on a federal reservation serves as a deputy registrar only for registration purposes for the county in which the reservation is located. The secretary of the tribal council or the secretary's designee shall register any eligible elector residing in any precinct in the county who provides a complete voter registration application to the secretary of the tribal council at any time during which registration is permitted in the office of the county clerk and recorder. The secretary of the tribal council shall forward the registration records to the county clerk and recorder, either in person or by certified mail, on or before the fifteenth day of each month; except that, within twenty-two days before an election, the secretary of the tribal council shall appear in person or transmit daily to deliver any registration records to the county clerk and recorder. Within eight days before an election, the secretary of the tribal council shall accept an application and inform the applicant that he or she must go to a voter service and polling center in order to vote in that election.

(2) An eligible elector who lives on an Indian reservation, but who does not have a residence address recognized by the United States postal service, may register to vote using, as his or her residence address, the address of the tribal council headquarters or any other address approved by the secretary of the tribal council.

1-2-204. Questions answered by elector - rules.

(1) Repealed.

(2) In addition, each elector shall correctly answer the following:

(a) The elector's name in full;

(b) The elector's place of residence, including municipal address with street number or, if there is no street number, by legal description of the land upon which the residence sits, including lot, block, addition, division, or subdivision, as applicable. In all other cases, the residence shall be described by the section or subdivision in the township and range as established and numbered by the United States government survey. If the place of residence is an apartment house, rooming house, dormitory, hotel, or motel, the number of the floor and the number of the apartment or room shall also be given. No vacant lot or business address shall be considered a residence. A post office box number shall not be used as a place of residence for the purposes of this subsection (2).

(c) Whether the elector is a citizen of the United States;

(d) The elector's gender identity, if the elector wishes to state it;

(e) The elector's date of birth;

(f) The elector’s deliverable mailing address if different from the elector’s address of record;

(f.3) The address where the elector wishes to receive his or her ballot if different from the address of record;

(f.5) The elector's current and valid Colorado driver's license number, the number of the current and valid identification card issued to the elector in accordance with part 3 of article 2 of title 42, or the last four digits of the elector's social security number. If the elector does not have a social security number or a current and valid Colorado driver's license or identification card, the elector shall answer that he or she does not have a social security number or a current and valid Colorado driver's license or identification card.

(g) Repealed.

(h) Whether or not the elector is registered to vote in another county of this state;

(i) Whether or not the elector was registered to vote in another state;

(j) The elector's affiliation, if any, if the eligible elector desires to affiliate with any political party or political organization. If this question is not answered, the elector shall be registered as "unaffiliated". Only the eligible elector personally shall declare the eligible elector's affiliation.

(j.5) In the case of an unaffiliated elector, the name of the political party, if any, whose primary election ballot the elector desires to receive in the mail;

(k) Repealed.

(l) The question "Do you affirm that you meet the voter registration qualifications and that the information you have provided in this application is true to the best of your knowledge and belief?".

(2.5) If an applicant for voter registration has not been issued a current and valid Colorado driver's license, a current and valid identification card issued by the department of revenue in accordance with the requirements of part 3 of article 2 of title 42, C.R.S., or a social security number, the secretary of state shall assign the applicant a number that will serve to identify the applicant for voter registration purposes. Insofar as the department of state has created a computerized statewide voter registration list in accordance with the requirements of part 3 of this article and the list assigns unique identifying numbers to registrants, the number assigned under this subsection (2.5) shall be the unique identifying number assigned under the list.

(2.7) The form used for registration of electors shall contain a statement that the applicant must comply with the requirements of paragraph (f.5) of subsection (2) of this section, that an applicant who is qualified to vote in this state but does not have a driver's license, state-issued identification card, or social security number may still register to vote, and that the secretary of state will assign an identifying number to such an applicant for voter registration purposes.

(3) (a) If the county clerk and recorder has reasonable cause to believe that an applicant has falsified any answers to the questions set forth in this section, the county clerk and recorder shall certify the same to the district attorney for investigation and appropriate action.

(b) If the elector states that the elector's present address is the elector's sole legal residence and that the elector claims no other place as the elector's legal residence and if the elector meets the qualifications of section 1-2-101, the county clerk and recorder shall proceed to register the elector.

(c) If the elector does not comply with the requirements of subsections (1) and (2) of this section, the county clerk and recorder shall not register the elector.

(4) (a) If the registration record of a registered elector does not contain the last four digits of the elector's social security number, the county clerk and recorder shall request the elector to provide the last four digits of the elector's social security number. The request may be made of the registered elector by the county clerk and recorder:

(I) In any written communication by mail from the county clerk and recorder to the registered elector;

(II) At any voter service and polling center in the registered elector's county;

(III) Repealed.

(IV) In materials to be returned by the registered elector with a mail ballot.

(b) No registered elector shall be prohibited from voting at any election for failure to provide the last four digits of the elector's social security number or the elector's full social security number.

(c) Any social security number or the last four digits of a social security number of an elector that is obtained by the county clerk and recorder from such elector pursuant to this section shall be held confidential and shall not be published or be open to or available for public inspection. The county clerk and recorder shall develop appropriate security measures to ensure the confidentiality of such numbers.

(d) The last four digits of a social security number described in this section shall not be considered a social security number for purposes of section 7 of the federal "Privacy Act of 1974", Pub.L. 93-579.

(4.5) This section does not apply to a covered voter, as defined in section 1-8.3-102, who is registering to vote pursuant to section 1-8.3-107.

(5) The secretary of state shall promulgate rules in accordance with article 4 of title 24, C.R.S., as may be necessary to determine the identity of a resident of a group residential facility, as defined in section 1-1-104 (18.5), and any rules necessary to ensure the consistent application of such identification rules.

1-2-205. Self-affirmation made by elector.

(1) The registration record to be signed by the elector shall bear the following statement:

WARNING: IT IS A CLASS 1 MISDEMEANOR:

To swear or affirm falsely as to your qualifications to register to vote.

(2) Each elector making application for registration or preregistration shall make the following self-affirmation: "I, ...., affirm that I am a citizen of the United States; I have been a resident of Colorado for at least twenty-two days immediately before an election I intend to vote in; I am at least sixteen years old; and I understand that I must be at least seventeen and turning eighteen on or before the date of the next general election to be eligible to vote in a primary election, and at least eighteen to be eligible to vote in any other election. I further affirm that the residence address I provided is my sole legal place of residence. I certify under penalty of perjury that the information I have provided on this application is true to the best of my knowledge and belief; and that I have not, nor will I, cast more than one ballot in any election.".

(3) (Deleted by amendment, L. 94, p. 1754, § 10, effective January 1, 1995.)

(4) The elector shall sign the registration record as evidence of the affirmation made by the elector.

(5) This section does not apply to a person registered in accordance with section 1-2- 213.3 or 1-2-502.5.

1-2-206. Declaration of party affiliation. (Repealed)

1-2-207. Affidavit registration. (Repealed)

1-2-208. Registration by federal postcard application - definitions. (Repealed)

1-2-209. Registration of citizens who reside outside the United States - federal law. (Repealed)

1-2-209.5. Absent uniformed services and overseas electors - simultaneous voter registration and absentee ballot application - designated office - cooperation with military units. (Repealed)

1-2-210. Registration for congressional vacancy elections.

Except as otherwise provided in section 1-4-401.5, in any congressional vacancy election, the time and method of registration and performance of other acts shall be as provided in this part 2 for general elections. In every other respect, the election shall be held in conformity with this part 2 as far as practicable. Any congressional vacancy election shall be called in sufficient time before the date of the election to permit the county clerk and recorder to comply with the provisions of this part 2.

1-2-210.5. Registration of and voting by persons in custody of division of youth services - definitions.

(1) In the case of any individual committed to a juvenile facility and in the custody of the division of youth services in the department of human services created in section 19-2-203 (1) who is eighteen years of age or older on the date of the next election, the administrator of the facility in which the individual is committed shall facilitate the registration for voting purposes of, and voting by, the individual. In connection with this requirement, the administrator shall provide the individual information regarding his or her voting rights and how the individual may register to vote and cast a mail ballot, provide the individual with voter information materials upon the request of the individual, and ensure that any mail ballot cast by the individual is timely delivered to the designated election official.

(2) The administrator and the secretary of state shall post the type or kind of verification satisfying the requirements of section 1-1-104 (19.5)(d) in a prominent place on the public websites maintained by the department of human services and the secretary, respectively. The secretary shall provide notice to the county clerk and recorders as well as other designated election officials throughout the state that such verification constitutes an acceptable form of identification under section 1-1-104 (19.5) permitting the individuals possessing such identification to register to vote and cast a ballot.

(3) Notwithstanding any other provision of law, an administrator is exempt from any restriction under law on the number of mail or mail-in ballots an eligible elector may deliver in person to the designated election official.

(4) The administrator shall forward applications made under this section on a weekly basis, or on a daily basis during the last week allowed for registration prior to any election, to the county clerk and recorder of the county in which the facility is located, and, if the applicant resides in a different county from the facility, the application must then be forwarded to the county clerk and recorder of the county in which the applicant resides.

(5) As used in this section:

(a) "Administrator" means the administrator, or his or her designee, of the division of youth services created in section 19-2-203 (1), a residential facility operated by the division of youth services, or a residential facility that contracts with the division of youth services in which a person committed to the department of human services is confined and eligible to register to vote and cast a ballot.

(b) (I) "Voter information materials" means the following documents, as applicable to the election for which the individual seeks to register to vote and cast a ballot:

(A) Any forms used to register an elector under this part 2;

(B) An application for a mail ballot pursuant to section 1-13.5-1002;

(C) A copy of a ballot information booklet described in section 1-40-124.5; and

(D) Any mailings to electors that are described in section 1-40-125.

(II) Upon an administrator's written request to the legislative council staff or a county clerk and recorder for copies of the documents specified in sub-subparagraph (C) or (D) of subparagraph (I) of this paragraph (b), the legislative council staff or county clerk and recorder, as applicable, shall timely provide copies of the documents to the administrator in a sufficient number to cover the number of individuals who are authorized to register and vote under this section and who are either residing in the administrator's facility or under the supervision of the administrator's program.

1-2-211. Establishment and conduct of branch registration sites. (Repealed)

1-2-212. Mobile registration sites - definitions - establishment and conduct. (Repealed)

1-2-213. Registration at driver's license examination facilities.

(1) The department of revenue, through its local driver's license examination facilities, shall provide each eligible elector who applies for the issuance, renewal, or correction of any type of driver's license or for an identification card pursuant to part 3 of article 2 of title 42, C.R.S., an opportunity to complete an application to register to vote, which application provides the information required under this part 2.

(2) (a) An applicant who wishes to complete an application for registration must provide the information required by section 1-2-204 with the exception of the information required by section 1-2-204 (2)(f.3). The applicant shall also sign the self-affirmation required by section 1- 2-205.

(b) The application for registration shall not require any information that duplicates information required in the driver's license portion of the form other than a second signature or other information necessary to assure that the applicant meets the eligibility requirements for registration. The application may require only the minimum amount of information necessary to prevent duplicate voter registrations and enable the county clerk and recorder to assess the eligibility of the applicant and to administer voter registration and other parts of the election process.

(c) The application shall include a statement that, if an applicant declines to register to vote, the fact that the applicant has declined to register will remain confidential and will be used only for voter registration statistics purposes, and a statement that, if an applicant does register to vote, the office at which the applicant submits a voter registration application will remain confidential and will be used only for voter registration statistics purposes.

(d) Applications and changes must be forwarded on a weekly basis, or on a daily basis during the last week prior to any election conducted by the county clerk and recorder, to the county clerk and recorder of the county in which the applicant resides.

(e) The department of revenue, through its local driver's license examination facilities, shall notify a program participant, as defined in section 24-30-2103 (9), C.R.S., who submits a current and valid address confidentiality program authorization card of the provisions of section 24-30-2108 (4), C.R.S., and inform the participant about how he or she may use a substitute address, as defined in section 24-30-2103 (14), C.R.S., on the driver's license or identification card.

(3) Upon receipt of an application, the county clerk and recorder shall determine if the application is complete. If the application is complete, the applicant shall be deemed registered  as of the date of application. If the application is not complete, the county clerk and recorder shall notify the applicant, stating the additional information required. The applicant shall be deemed registered as of the date of application if the additional information is provided at any time prior to the actual voting.

(4) (Deleted by amendment, L. 94, p. 1756, § 16, effective January 1, 1995.)

(5) The department of revenue and the secretary of state shall jointly develop an application form or process, and a change of name and address form or process, that allows an applicant wishing to register to vote to do so without duplicating any information required for the issuance, renewal, or correction of the driver's license or identification card. Any such forms must be furnished to the local driver's license examination facilities by the department of revenue.

(6) (a) Any registered elector who informs a driver's license examination facility of a change of name or address must have notice of the change of name or address forwarded by the driver's license examination facility to the county clerk and recorder of the county in which the elector resides.

(b) The county clerk and recorder of the county in which the elector resides shall change the registration record of the elector to reflect the change of name and address, mark the registration record as "active", and send to the elector's address of record, by forwardable mail, notice of the change and a postage paid pre-addressed return form by which the elector may verify or correct the information.

(c) If the elector returns the form described in subsection (6)(b) of this section and indicates that the change was in error, the appropriate county clerk and recorder shall immediately correct the elector's previously updated information in the statewide voter registration database.

(7) No information relating to the failure of an applicant for a driver's license to sign a voter registration application may be used for any purpose other than voter registration statistics.

1-2-213.3. Transfer of new voter registration records from department of revenue.

[Editor's note: This section is effective July 1, 2020.]

(1) (a) In addition to the requirements of section 1-2-213 for registered electors, the department of revenue shall provide to the secretary of state, on a schedule established by the secretary of state, electronic records containing the full name, date of birth, residence address, deliverable mailing address if different from the residence address, county of residence, citizenship information for, and an electronic copy of the signature of each unregistered elector and each person eligible to preregister in accordance with section 1- 2-101 (2) who provides a document that demonstrates United States citizenship and who applies for the issuance, renewal, or correction of any type of driver's license or identification card pursuant to part 3 of article 2 of title 42; except that the department of state shall not use the record of an individual who applies for or renews an identification document under part 5 of article 2 of title 42 or the record of a person who is a program participant in the "Address Confidentiality Program Act", part 21 of article 30 of title 24, for voter registration purposes.

(b) The department of revenue shall continue to offer any person not registered to vote pursuant to subsection (2) of this section an opportunity to register to vote pursuant to section 1- 2-213, unless they have provided documentation demonstrating a lack of United States citizenship.

(2) Upon receiving an electronic record for an individual who provided documentation that confirmed his or her citizenship and contains the minimum information to register the individual to vote, the secretary of state shall provide the information to the county clerk and recorder of the county in which the person resides. Upon receipt of a record, the county clerk and recorder shall determine if the record is complete for the purposes of voter

(3) If the record is complete for purposes of voter registration or preregistration, the county clerk and recorder shall send to the person's address of record, by nonforwardable mail:

(a) If the record is for an eligible elector, notice that the elector has been registered to vote and a postage paid pre-addressed return form by which the elector may:

(I) Decline to be registered as an elector; or

(II) Affiliate with a political party; and

(b) If the record is for a person eligible to preregister under section 1-2-101 (2), notice that the person has been preregistered and will be automatically registered upon turning eighteen years of age, and a postage paid preaddressed return form by which the person may:

(I) Decline to be preregistered; or

(II) Affiliate with a political party.

(4) If the record is not complete, the county clerk and recorder shall send to the person's address of record, by nonforwardable mail, notice that the person has not been registered or preregistered to vote and stating the additional information required to register or preregister. If the person provides the additional information, the person is registered or preregistered to vote effective as of the date of the person's application with the department of revenue. If the person does not provide the additional information necessary to make his or her application complete and accurate within twenty-four months after the notification is mailed pursuant to this subsection (4), the person's registration is cancelled.

(5) A notice mailed under subsection (3) of this section must include an explanation, in both English and Spanish, of the eligibility requirements to register or preregister to vote, and a statement that, if the person is not eligible, the person should decline to register using the preaddressed return form.

(6) The notice provided under subsection (3) of this section must include a statement that, if the person declines to register or preregister to vote, the fact that the person has declined will remain confidential and will be used only for voter registration statistics purposes, and a statement that, if a person remains registered or preregistered to vote, the office at which the person was registered or preregistered will remain confidential and will be used only for voter registration statistics purposes.

(7) (a) (I) If a notice provided under subsections (2) and (3) of this section is returned as undeliverable within twenty days after the county clerk and recorder mails the notice, the person's registration or preregistration is cancelled and the person is deemed to have never registered or If the notice is returned as undeliverable after twenty days after the county clerk and recorder mails the notice, the person's registration or preregistration is marked inactive.

(II) Notwithstanding subsection (7)(a)(I) of this section, if a person votes in an election after the transfer of the person's record but before the notice is returned as undeliverable, the person's registration shall not be cancelled or marked inactive.

(b) If a notice provided under subsection (3) of this section is not returned within twenty days, the person is registered or preregistered as of the date of the person's application at the department of revenue and the person shall be marked as unaffiliated.

(c) If a person returns the form provided under subsection (3) of this section and declines to be registered or preregistered, including if the person returns the form and both declines to be registered or preregistered and also affiliates with a party, the person's registration or preregistration is cancelled and the person is deemed to have never registered or preregistered; except that, if the person has voted in an election, the return form is of no effect and the person remains registered as of the date of the person's application with the department of revenue.

(d) If a person returns the form provided under subsection (3) of this section and affiliates with a party, the person is registered or preregistered as of the date of the person's application with the department of revenue and the person's affiliation shall be marked effective as of the date the affiliation information was received.

(e) If a person returns the form without marking either the option to decline or the option to affiliate with a party, the returned form is of no effect. The person is registered or preregistered as of the date of the person's application with the department of revenue and shall be marked as unaffiliated.

(8) Information relating to the return of a notice form declining to be registered or preregistered shall not be used for any purpose other than voter registration statistics.

(9) This section does not preclude the state from complying with its obligations under the federal "National Voter Registration Act of 1993", 52 U.S.C. sec. 20501 et seq., as amended; the federal "Voting Rights Act of 1965", 52 U.S.C. sec. 10101 et seq., as amended; the federal "Help America Vote Act of 2002", 52 U.S.C. sec. 20901 et seq., as amended; or any other applicable federal laws.

1-2-213.5. State institutions of higher education - electronic voter registration option - information to students.

(1) (a) Any state institution of higher education, as defined in section 23-1-108 (7)(g)(II), C.R.S., that utilizes an electronic course registration process shall provide to each student registering electronically for courses at the institution the opportunity to register to vote by giving each student the option to be electronically directed to the official website of the secretary of state so that he or she may register in accordance with section 1-2-202.5. The option shall be provided to students either during or immediately following the electronic registration period for each term or semester.

(b) Each state institution of higher education subject to paragraph (a) of this subsection (1) shall implement the electronic voter registration option as soon as practicable, but not later than the next regularly scheduled maintenance to its electronic course registration system process.

(2) A state institution of higher education that does not utilize an electronic course registration process shall provide to students information regarding how to register to vote, including, at a minimum, prominently posting such information in a clearly visible area of the institution's registrar's office.

1-2-214. Withdrawal of registration. (Repealed)

1-2-215. Certificate of registration.

Upon the request of any eligible elector, including requests made at the time of a regular biennial or special school election, special district election, or municipal election, the county clerk and recorder shall make and deliver to the elector a certificate of registration for the elector, setting forth the facts of the elector's registration, including the date, description, and other information recorded in connection with the registration, which certificate shall be attested by the signature of the county clerk and recorder and the seal of the county.

1-2-216. Change of address.

(1) Any eligible elector who has moved within the state may have his or her residence changed on the registration record by submitting a letter or form furnished by the county clerk and recorder, either by mail, in person, or through the online voter registration system established pursuant to section 1-2-202.5. The letter or form for the change must include the elector's new residence address, mailing address if different from the residence address, old address, printed name, birth date, last four digits of the elector's social security number, if the elector wishes to state them, and signature and the date.

(2) Any address change made on the same form or personal letter as a change or withdrawal of affiliation or name change shall be accepted by the county clerk and recorder if the form or personal letter is signed indicating that the elector intended to make the change or withdrawal indicated on the form or in the personal letter.

(3) Any eligible elector who is unable to write may request assistance from the county clerk and recorder, and the county clerk and recorder shall sign the form, witnessing the elector's mark, or the elector may have his or her mark attested to by any other person on a prescribed form or personal letter, if the request is not made at the office of the county clerk and recorder.

(4) (a) Any eligible elector may complete a change of address form stating, under penalty of perjury, that the elector moved before the election and that, on the day of the election, the elector will be living at the new address in the new precinct. Such change of address forms must be submitted as follows:

(I) By appearing in-person at a voter service and polling center or clerk and recorder's office in the county in which the elector resides, at any time during which the voter service and polling center or office is open;

(II) By submitting, on or before the eighth day before an election, an electronic change of address form through the online voter registration system established pursuant to section 1-2- 202.5; or

(III) By submitting by mail a change of address form that is received by the elector's county clerk and recorder no later than the close of business on the eighth day before any election.

(b) The election judges shall allow the registered elector to cast the ballot for their current residence.

(c) (Deleted by amendment, L. 2013.)

(5) Repealed.

1-2-216.5. Verification of change of address. (Repealed)

1-2-217. Change in residence after close of registration. (Repealed)

1-2-217.5. Change in residence before close of registration - emergency registration at office of county clerk and recorder. (Repealed)

1-2-217.7. Registration on or immediately prior to election day - locations - rules - legislative declaration.

(1) The general assembly hereby declares that the intent of this section is to remove barriers to participation in the political process and make voting and registration more convenient and accessible so all citizens who want to vote have the opportunity to exercise their right to vote by allowing such persons to register to vote up to and on election day.

(2) Notwithstanding any other provision of law, an elector who is not registered to vote in Colorado or who is registered to vote in Colorado but has moved within the state and needs to make a change of address may register or update his or her address immediately prior to and on election day in accordance with this section and rules adopted pursuant to this section. Upon so registering or updating his or her information, the elector is entitled to vote at any voter service and polling center in the county where the elector registered.

(3) Timing. Voter registration within the twenty-two days prior to an election must be conducted:

(a) (I) For general elections, from the fifteenth day prior to and including election day, at locations designated as voter service and polling centers by county clerk and recorders pursuant to section 1-5-102.9; or

(II) For all other elections conducted or coordinated by a county clerk and recorder or for which a county clerk and recorder is the designated election official, from the eighth day prior to and including election day, at locations designated as voter service and polling centers  by county clerk and recorders pursuant to section 1-7.5-107;

(b) By county clerk and recorders, or their designees who have received such specific training or instruction as may be provided or prescribed by the secretary of state, at the offices of the county clerk and recorders at any time during which registration is permitted at such offices; and

(c) Through the eighth day prior to election day, via mail application, voter registration agency, local driver's license examination facility, or the online voter registration system established pursuant to section 1-2-202.5.

(3.5) Notwithstanding the deadlines specified in subsection (3) of this section, voter registration applications must be processed pursuant to section 1-2-508 (3).

(4) Registration at voter service and polling centers.

(a) An elector may register and vote prior to an election or on election day if the elector:

(I) Appears in person at a voter service and polling center in the county in which the elector resides at a time when that voter service and polling center is open;

(II) Completes and signs a voter registration application in the form prescribed by the secretary of state by rule, which application must include the questions contained in section 1-2- 204 (2);

(III) Completes and signs the self-affirmation specified in section 1-2-205; and

(IV) Completes and signs the affidavit described in paragraph (b) of this subsection (4).

(b) Repealed.

(5) Change of residence at voter service and polling centers. In accordance with section 1-2-216 (4), a registered elector who has moved within the state may update his or her residence by appearing at a voter service and polling center in the elector's county of residence when the voter service and polling center is open. The elector may then vote at the voter service and polling center where the elector updated his or her information.

(6) As soon as practicable, a county clerk and recorder shall access the statewide voter registration list maintained pursuant to section 1-2-301 (1) to add or update voter registration information when an elector registers or updates his or her information pursuant to this section. The secretary of state shall prescribe procedures to enable such additions or updates to be accomplished on an expedited basis.

(7) The secretary of state shall promulgate rules in accordance with article 4 of title 24, C.R.S., as may be necessary to implement this section.

1-2-218. Change of name.

(1) Any eligible elector who has been registered in the county and who subsequently has had a name change by any legal means may have his or her name changed in the statewide voter registration system by:

(a) Appearing before the county clerk and recorder or at a voter service and polling center at any time during which registration at those locations is permitted and submitting the change on forms prescribed by the secretary of state;

(b) Sending a personal letter received by the county clerk and recorder at any time during which registration is permitted; or

(c) Completing and submitting, on election day, to an election judge forms prescribed by the secretary of state.

(2) The prescribed form or personal letter for the change must include the elector's printed former legal name, printed present legal name, birth date, last four digits of the elector's social security number, if the elector wishes to state them, and signature of present legal name and the date. Prescribed forms shall be furnished by the county clerk and recorder upon oral or written request by the elector.

(3) A name change shall not be made by anyone other than the elector.

1-2-218.5. Declaration of affiliation.

(1) The declaration of affiliation of each registered elector shall remain as recorded in the registration record until the elector changes or withdraws his or her affiliation.

(2) Any eligible elector who has not declared an affiliation with a political party or political organization must be designated on the registration records of the county clerk and recorder as "unaffiliated". Any unaffiliated eligible elector may, but is not required to, declare a political party affiliation when the elector desires to vote at a primary election, or the elector may declare his or her political party or political organization affiliation at any other time during which electors are permitted to register by submitting a letter or a form furnished by the county clerk and recorder, by mail, in person, or online in accordance with section 1-2-202.5. An unaffiliated eligible elector need not declare an affiliation to vote in a presidential primary election.

1-2-219. Changing or withdrawing declaration of affiliation.

(1) Any eligible elector desiring to change or withdraw the elector's affiliation may do so by completing and signing a prescribed request for the change or withdrawal and filing it with the county clerk and recorder or by submitting a personal letter written by the elector to the county clerk and recorder at any time up to and including the twenty-ninth day preceding a primary election; except that, if the twenty-ninth day before the primary election is a Saturday, Sunday, or legal holiday, the change or withdrawal applies if made by the next day that is not a Saturday, Sunday, or legal holiday. The prescribed form or personal letter for the change must include the elector's printed name, address within the county, birth date, social security number, if the elector wishes to state it, and signature, the date, the elector's previous affiliation status, and the requested change in affiliation status. A prescribed form must be furnished by the county clerk and recorder upon the elector's oral or written request. Upon receiving the request, the county clerk and recorder shall change the elector's affiliation on his or her registration record. If the affiliation is withdrawn, the designation on the elector's registration record must be changed to "unaffiliated". If an elector changes affiliation, the elector is entitled to vote, at any primary election, only the ballot of the political party to which the elector is currently affiliated. A change or withdrawal of affiliation may not be made by anyone other than the elector. Notwithstanding any other provision of law, a declaration or change of affiliation made by an unaffiliated elector in accordance with this section must be deferred if the elector has already been mailed a primary election ballot packet. The deadline by which the elector must declare, change, or withdraw an affiliation as specified  in this subsection (1) only applies to a primary election and does not apply to a general or coordinated election.

(2) Any declaration, change, or withdrawal of affiliation made on the same form or personal letter as an address or name change shall be accepted by the county clerk and recorder if the form or personal letter is dated and signed so that it is clearly indicated that the elector intended to make the change or withdrawal indicated on the form or in the personal letter. An elector who is unable to write may request assistance from the county clerk and recorder, and the county clerk and recorder shall sign the form, witnessing the elector's mark or, on a personal letter, the elector shall have his or her signature attested to by a notary public.

1-2-220. Loss of party affiliation. (Repealed)

1-2-221. Continuation of affiliation. (Repealed)

1-2-222. Errors in recording of affiliation.

(1) If an elector goes to the elector's legal voting place to vote at any primary election or to the office of the county clerk and recorder and contends that an error has been made in the recording of the elector's affiliation in the statewide voter registration system or that the affiliation has been unlawfully changed or withdrawn, the election judges or the county clerk and recorder shall allow the elector to make and sign an affidavit, which shall be substantially in the form provided in subsection (4) of this section. Any election judge or the county clerk and recorder has authority to administer the oath and take the acknowledgment of the elector's affidavit. When the affidavit is completed, the county clerk and recorder shall make the change as specified in the affidavit using the date of the affidavit as the new affiliation date.

(2) (Deleted by amendment, L. 99, p. 159, § 5, effective August 4, 1999.)

(3) For the purposes of determining the eligibility of candidates for nomination in accordance with sections 1-4-601 (4)(a) and 1-4-801 (4), the eligibility of persons to vote at any precinct caucus, assembly, or convention in accordance with section 1-3-101, or the eligibility of persons to sign petitions in accordance with section 1-4-801 (2), the date of declaration of the party affiliation of the elector shall be the date of the declaration which the elector alleges by affidavit to have been erroneously recorded or unlawfully changed or withdrawn.

(4) Printed affidavit forms shall be furnished to the election judges of the various election precincts. The affidavit form must be substantially as follows:

STATE OF COLORADO)

) ss.

County of ...........................................................)

I, ...................., believing an error has been made as to the recording of my party affiliation, or a change unlawfully made, or a withdrawal unlawfully made in the statewide voter registration system, do solemnly swear, or affirm, that the party affiliation as now shown in the statewide voter registration system is an error, or has been unlawfully changed, or has been unlawfully withdrawn and that my correct party affiliation should be ................… instead of ................… and request that the party affiliation be corrected in the statewide voter registration system. My correct affiliation was made on or before ................… (date) at ................… (place).

Dated ................…

Signed ................…

Subscribed and sworn to before me this .......… day of ..............., 20…

..............................................................…

Election Judge or County Clerk

Precinct ................................................…

County ..................................................…

1-2-223. Names transferred when precinct boundaries changed.

(1) In case any new election precinct is formed within a county or in case of the division of any existing precinct, the precinct number on the voter's master file record shall be changed to reflect the new precinct number.

(2) In case any change is made in precinct boundaries as a result of annexation affecting county boundaries, the county clerk and recorder of the annexing county shall update in the statewide voter registration system the registration records of all electors residing in the annexed territory as soon as practicable. The registrations are considered as continuing registrations with all the registered electors involved having full rights and privileges as if no change in county boundaries had occurred.

1-2-224. Canceling registration. (Repealed)

1-2-225. Change of polling place - accessibility for persons with disabilities. (Repealed)

1-2-226. Deceased electors - purging of registration book. (Repealed)

1-2-227. Custody and preservation of records.

(1) (a) Registration records must be left in the custody of the county clerk and recorder, who is responsible for them. Except as provided in paragraph (b) of this subsection (1), the oaths or affirmations, applications for affidavit registration, federal postcard applications, applications for change of residence or change of name, and other papers provided for by this part 2 shall be preserved by the county clerk and recorder and shall not be destroyed until after the next general election. Such registration records, whether paper or digital, are public records subject to examination by any person, and such person has the right to make copies of the records during office hours.

(b) A county clerk and recorder may destroy paper voter registration records as soon as they have been digitally recorded in the statewide voter registration system.

(2) The voter information provided by a preregistrant who will not turn eighteen years of age by the date of the next election shall be kept confidential in the same manner as, and using the programs developed for, information that is kept confidential pursuant to section 24-72-204 (3.5). Nothing in this subsection (2) shall be construed to require any request, application, or fee for such confidentiality. When the preregistrant will be eighteen years of age on the date of the next election, or on January 1 of the year in which the preregistrant will be eligible to vote in any primary election under section 1-2-101 (2)(c), such information is no longer confidential under this subsection (2).

1-2-228. Residence - false information - penalty.

Any person who votes by knowingly giving false information regarding the elector's place of present residence commits a class 6 felony and shall be punished as provided in section 18-1.3-401, C.R.S.

1-2-229. Change in status of electors deemed "Inactive - failed to vote" - update to active status - repeal. (Repealed)

Part 3 Master list of electors

1-2-301. Centralized statewide registration system - secretary of state to maintain computerized statewide voter registration list - county computer records - agreement to match information - definition.

(1) The secretary of state shall implement, in a uniform and nondiscriminatory manner, a single, uniform, official, centralized, interactive, computerized statewide voter registration system defined, maintained, and administered at the state level, which system shall contain a computerized statewide voter registration list maintained by the secretary of state that contains the name and registration information of every legally registered voter in the state and that assigns a unique identifier to each legally registered voter. The single, uniform, official, centralized, interactive, computerized statewide voter registration system required by this subsection (1) is referred to in this part 3 as the "centralized statewide registration system". The centralized statewide registration system and the computerized statewide voter registration list must be fully compliant with all applicable requirements specified in section 303 of the federal "Help America Vote Act of 2002", 52 U.S.C. 20901 et seq.

(2) (a) On and after January 1, 2006, the county clerk and recorder of each county shall maintain voter registration information by utilizing the centralized statewide registration system developed or acquired by the department of state under subsection (1) of this section. Prior to the implementation of the computerized statewide voter registration list required by subsection (1) of this section, if the county chooses to maintain voter registration information on its own computer system, the information required by law to be transmitted to the secretary of state shall be transmitted in a media format acceptable to the secretary of state and within the time prescribed by the secretary of state, by this section, and by section 1-2-302.

(b) Repealed.

(3) (Deleted by amendment, L. 2001, p. 514, § 1, effective January 1, 2002.)

(4) (a) (I) (Deleted by amendment, L. 2003, p. 2073, § 9, effective May 22, 2003.)

(II) The centralized statewide registration system shall enable county clerk and recorders to maintain voter registration information and shall include such additional capabilities as may be necessary or desirable to enable county clerk and recorders and the secretary of state to carry out their responsibilities related to the conduct of elections. Such additional capabilities may include but need not be limited to the preparation of ballots, the identification of voting districts for each address, access by county clerk and recorders to the master list of registered electors and, on or after January 1, 2006, the computerized statewide voter registration list maintained pursuant to this section and section 1-2-302, the management of mail ballots, the preparation of official abstracts of votes cast, the transmission of voting data from county clerk and recorders to the secretary of state, and reporting of voting results on election night. County clerk and recorders shall have access to the digitized signatures of electors in the centralized statewide registration system for the purpose of comparing an elector's signature in the system with the signature on the return envelope of a mail ballot, including by using a signature verification device in accordance with section 1-7.5-107.3 (5).

(III) Subject to available appropriations, the department of state is responsible for the cost of acquiring computer hardware and providing necessary training for the centralized statewide registration system. The secretary of state shall promulgate rules specifying whether such hardware is owned by the department or the counties or whether and to what extent ownership may be shared between the department and the counties. If the department provides system hardware to any county clerk and recorder, it may transfer ownership of the hardware to that clerk and recorder. The secretary of state may promulgate rules providing that the county clerk and recorders shall be solely responsible for the support and maintenance of the hardware provided to the counties. On or after January 1, 2006, the department shall make the centralized statewide registration system software available at no charge to the clerk and recorder of each county.

(b) As soon as practicable, the department of state shall make the master list of registered electors available at no charge on the internet to the county clerk and recorders. This paragraph (b) shall not be construed to require the department to provide or pay for internet connection services for any county.

(c) (Deleted by amendment, L. 2003, p. 2073, § 9, effective May 22, 2003.)

(5) (a) For elections conducted by mail ballot under the "Colorado Municipal Election Code of 1965", article 10 of title 31, C.R.S., after March 30, 2018, a clerk must be given access to the digitized signatures for each elector contained in the lists provided to the clerk pursuant to section 31-10-910 (1), C.R.S., in the centralized statewide voter registration system for the purpose of comparing an elector's signature in the system with the signature on the self- affirmation on the return envelope of a mail ballot, including by using a signature verification device, in accordance with section 31-10-910.3, C.R.S.

(b) As used in this subsection (5), "clerk" has the same meaning set forth in section 31- 10-102, C.R.S.

(6) By July 1, 2021, the department of state shall, in consultation with county clerk and recorders, further develop the statewide voter registration database to minimize wait times at polling locations. Specifically, the department of state shall develop the database to:

(a) Streamline the voter check-in process; and

(b) Provide a simple and intuitive user interface for election judges at voter service and polling

1-2-302. Maintenance of computerized statewide voter registration list - confidentiality.

(1) The secretary of state shall maintain the master list of registered electors of the entire state on as current a basis as is possible.

(1.5) The maintenance of the computerized statewide voter registration list by the secretary of state pursuant to section 1-2-301 (1) shall be conducted in a manner that ensures that:

(a) The name of each registered elector appears in the computerized statewide voter registration list;

(b) Only the names of voters who are not registered or who are not eligible to vote are removed from the computerized statewide voter registration list; and

(c) Duplicate names are removed from the computerized statewide voter registration list.

(2) The electors on the computerized statewide voter registration list shall be identified by name, place of residence, precinct number, date of birth, Colorado driver's license number, social security number, or other identification number, as such numbers may have been provided by the elector at the time the elector first registered to vote, and the date of registration.

(3) (Deleted by amendment, L. 2009, (HB 09-1018), ch. 158, p. 683, § 3, effective August 5, 2009.)

(3.5) (a) The secretary of state shall coordinate the computerized statewide voter registration list with state agency records on death. Upon being furnished with the report provided to him or her by the state registrar of vital statistics pursuant to section 1-2-602 (1), the secretary of state may electronically cancel the registration of deceased persons.

(b) The secretary of state shall coordinate the computerized statewide voter registration list with state agency records on felony status. Upon being furnished with information from the Colorado integrated criminal justice system that a particular registered elector has been convicted of a felony, the secretary of state may electronically cancel the registration of persons who have been convicted of a felony.

(4) Repealed.

(5) (a) (Deleted by amendment, L. 97, p. 476, § 18, effective July 1, 1997.)

(b) Repealed.

(6) The secretary of state shall determine and use other necessary means to maintain the master list of registered electors on a current basis. The department of state and the department of revenue shall allow for the exchange of information between the systems used by them to collect information on residence addresses, signatures, and party affiliation for all applicants for driver's licenses or state identification cards. No later than July 31, 2019, the department of state shall regularly provide the department of revenue with current voter registration information. The department of revenue must use the information to determine whether an individual is registered to vote at the time he or she applies to obtain, renew, or update a driver's license or state identification card. The department of state shall reimburse the department of revenue, through a one-time reimbursement, for any initial costs the department of revenue incurs in connection with updating Colorado DRIVES, as defined in section 42-1-102 (16.5), to allow the department of revenue to receive voter registration information and to use such information for the purposes described in this section. The department of revenue may exchange information on residence addresses in the driver's license database with the motor vehicle registration database, motorist insurance database, and the state income tax information systems.

(6.5) (a) At the earliest practical time, the secretary of state, acting on behalf of the department of state, and the executive director of the department of revenue, as the official responsible for the division of motor vehicles, shall enter into an agreement to match information in the database of the centralized statewide registration system with information in the database of the division of motor vehicles to the extent required to enable each department to verify the accuracy of the information provided on applications for voter registration in conformity with the requirements of section 1-2-301.

(b) At the earliest practical time, the secretary of state, acting on behalf of the department of state, shall enter into agreements with the executive directors of the department of public health and environment and the department of corrections to access information in the databases of the department of public health and environment and the department of corrections, to the extent required to enable the verification of the accuracy of the information provided on applications for voter registration in conformity with the requirements of section 1-2-301.

(c) At the earliest practical time, the secretary of state, acting on behalf of the department of state, shall enter into agreements with the executive directors of voter registration agencies as defined in section 1-2-504 (1)(a) and (1)(b) to the extent required to enable the transfer and verification of information for voter registration purposes in accordance with section 1-2-502.5.

(6.7) The department of revenue shall enter into an agreement with the federal commissioner of social security for the purpose of verifying applicable information in accordance with the requirements of section 303 (a)(5)(B)(ii) of the federal "Help America Vote Act of 2002", 52 U.S.C. sec. 20901 et seq.

(6.8) In accordance with subsections (6) and (6.5) of this section, the secretary of state may forward any information obtained from the division of motor vehicles in the department of revenue or voter registration agencies as defined in section 1-2-504 (1)(a) and (1)(b) to the appropriate county clerk and recorder. If the information meets the minimum matching criteria as specified in sections 1-2-603 and 1-2-604, the clerk shall then update the elector's voter registration record in the master list of registered electors.

(7) Repealed.

(8) The secretary of state shall provide adequate technological security measures to prevent unauthorized access to the computerized statewide voter registration list. The secretary of state shall also establish adequate and reasonable technological security requirements for the exchange or transfer of data related to voter registration between the secretary of state and any other state agency or voter registration agency as defined in section 1-2-504 (1)(a) and (1)(b). Before commencing any data exchange or transfer required under this article 2, and no later than the date such exchange or transfer is required by statute to begin, the state agency or voter registration agency shall adhere to the technological security requirements established by the secretary of state under this section. The secretary of state, the department of revenue, the department of public health and environment, the department of corrections, and the clerk and recorders shall not sell, disclose, or otherwise release a social security number, a driver's license or a state-issued identification number, or the unique identification number assigned by the secretary of state to the voter pursuant to section 1-2-204 (2.5) or electronic copies of signatures created, transferred, or maintained pursuant to this section or section 42-1-211, to any individual other than the elector who created such signature absent such elector's consent; except that nothing in this subsection (8) prohibits the sale, disclosure, or release of an electronic copy of such signature for use by any other public entity in carrying out its functions, or the sale, disclosure, or release of a photocopied or microfilmed image of an elector's signature.

1-2-302.5. Change of address search - rules.

(1) The secretary of state shall conduct a monthly national change of address search, using the national change of address database administered by the United States postal service, for all electors whose names appear in the statewide voter registration list.

(2) (a) The secretary of state shall transmit monthly to the appropriate county clerk and recorders the data obtained from the search conducted under subsection (1) of this section.

(b) If any search of the national change of address database administered by the United States postal service conducted under this section indicates an elector has permanently moved, the county clerk and recorder shall act as follows:

(I) (A) If the search indicates that the elector moved within the state, the county clerk and recorder of the county in which the elector's new address is located shall mark the elector's registration record as "Active" and update the elector's registration record with the elector's new address and send, to the elector's old address, notice of the change by forwardable mail and a postage pre-paid pre-addressed return form by which the registrant may verify or correct the address information.

(B) If the elector returns the return form sent pursuant to sub-subparagraph (A) of this subparagraph (I) and indicates that he or she has not moved, the county clerk and recorder of the county in which the elector's old address is located shall immediately correct the elector's previously updated address in the statewide voter registration database.

(C) If the elector returns the return form confirming the new address, or if the elector does not return the return form, the county clerk and recorder shall leave the elector's new address and status as updated in the registration record pursuant to sub-subparagraph (A) of this subparagraph (I).

(II) Repealed.

(III) If the search indicates that the elector moved to a different state, the county clerk and recorder shall mark the elector's registration record "Inactive" and send a confirmation card and:

(A) If the elector returns the confirmation card and confirms the new address, the county clerk and recorder shall cancel the elector's registration record in the statewide voter registration database;

(B) If the elector does not return the confirmation card, the elector's registration record must remain "Inactive". If the inactive elector subsequently fails to vote in two consecutive general elections, the county clerk and recorder shall cancel the elector's registration record in accordance with section 1-2-605 (7).

(C) If the elector returns the confirmation card and indicates the elector has not moved, the county clerk and recorder shall immediately correct the elector's registration record in the statewide voter registration database and mark the voter "Active".

(c) A county clerk and recorder shall make corrections to address updates made pursuant to a national change of address search upon receiving additional information from the elector.

(3) Repealed.

(4) If any search conducted pursuant to this section indicates that an elector has added or changed a post office box, the county clerk and recorder shall update the elector's registration record with the new post office box as the elector's mailing address and send him or her a confirmation card in accordance with section 1-2-605. The card must notify the elector of the change in mailing address and apprise the elector of his or her place of residence for voting purposes.

(5) In addition to the search conducted by the secretary of state pursuant to subsection (1) of this section, a county clerk and recorder may conduct a national change of address search using the national change of address database administered by the United States postal service as frequently as he or she sees fit.

1-2-303. Multiple registration - most recent date of registration determines precinct in which allowed to vote.

(1) If a registered elector is registered to vote in more than one precinct in this state, the elector shall vote only in the precinct which pertains to the most recent date of registration, as determined by the secretary of state's master list of registered electors.

(2) and (3) Repealed.

1-2-304. Multiple registration - procedure. (Repealed)

1-2-305. Postelection procedures - voting history - definitions.

(1) Not later than sixty days after a state election, the county clerk and recorder shall generate a list of electors within the county who submitted more than one ballot for the election.

(2) If it is determined that an elector has voted more than once, the secretary of state or the county clerk and recorder shall notify the proper district attorney for prosecution of a violation of this code.

(3) As used in this section, unless the context otherwise requires:

(a) "District of state concern" means a congressional district or a unique political subdivision with territory in more than one county and with its own enabling legislation, as identified by rules adopted by the secretary of state pursuant to section 1-1-104 (9.5).

(b) "State election" means a general, primary, or congressional vacancy election, a special legislative election involving more than one county, a ballot issue election involving a statewide ballot issue, or any election involving a candidate or ballot issue for a district of state concern.

(4) No later than March 1 of each year following a year in which a general election was held, the secretary of state shall distribute to each major and minor political party, free of charge, a list of individuals who actually voted in such election. Such list may be in the form of a computer list.

Part 4 High school registration

1-2-401. Legislative declaration.

It is the intent of the general assembly that, in order to promote and encourage voter registration of all eligible electors in the state, registration should be made as convenient as possible. It is determined by the general assembly that if voter registration is convenient, the number of registered voters will increase. It is further determined by the general assembly that support and cooperation of school officials and interested citizens will make high school registration successful. It is therefore the purpose of this part 4 to encourage voter registration by providing convenient registration procedures for qualified high school students, employees, and other persons by using high school deputy registrars.

1-2-402. Registration by high school deputy registrars.

(1) Each principal of a public high school, or the principal's designee who is a registered voter in the county, may serve as a deputy registrar. The principal of each high school shall notify the county clerk and recorder of the county in which the high school is located of the name of the school's deputy registrar, and the county clerk and recorder shall maintain a list of the names of all of the high school deputy registrars in that county in a public file.

(2) The high school deputy registrar may register or preregister any student, employee of the school, other person who attends school functions, or any other person who is eligible to register or preregister to vote. Voter registration may be made available only when the school is open for classes or any other school or community function. The high school deputy registrar shall take registrations or preregistrations only on school district premises.

(3) A high school deputy registrar may have available an official application form for voter registration for each student who is eighteen years of age or who will be eighteen years of age at the time of the next election. A high school deputy registrar may have available an official application form for preregistration for each student who is sixteen years of age.

1-2-403. Training and registration materials for high school deputy registrars - processing applications.

(1) The county clerk and recorder shall train and supervise the high school deputy registrars, and, after training is completed, shall administer the oath of office to the high school deputy registrars.

(2) The county clerk and recorder shall issue sufficient materials to each high school deputy registrar for the registration or preregistration of all eligible students, employees, and other persons at the high school which the high school deputy registrar serves. The high school deputy registrar shall give a receipt to the county clerk and recorder for all materials issued.

(3) (a) The high school deputy registrar shall stamp the application for registration or preregistration with a validation stamp and provide the applicant with a receipt verifying the application.

(b) (I) Except as provided in subparagraph (II) of this paragraph (b), the high school deputy registrar shall forward applications and changes on a weekly basis to the county clerk and recorder of the county in which the high school is located.

(II) (A) During the last week allowed for registration applications submitted by mail prior to any election, the high school deputy registrar shall forward applications daily to the county clerk and recorder of the county in which the high school is located.

(B) Within eight days prior to an election, a high school deputy registrar shall accept an application tendered under this section and shall immediately inform the applicant that, to vote in the upcoming election, the voter must go to a voter service and polling center.

(4) Upon receipt of an application, the county clerk and recorder shall determine if the application is complete. If the county clerk and recorder determines that the application is complete, the applicant shall be deemed registered or preregistered as of the date of application. If the county clerk and recorder determines that the application is not complete, the county clerk and recorder shall notify the applicant, stating the additional information required. The applicant shall be deemed registered or preregistered as of the date of application when the additional information is provided any time prior to the actual voting.

Part 5 Mail registration and registration at voter registration agencies

1-2-501. Form for mail and agency registration - procedures for registration by mail for first-time electors - additional identifying information to be provided by first-time registrants.

(1) The secretary of state, in consultation with the federal election assistance commission, shall develop an application form that may be used for mail voter registration, voter registration at voter registration agencies, and voter change of address. The form developed must:

(a) Require only such identifying information, including the signature of the applicant and other information such as data relating to previous registration by the applicant, as is necessary to enable the appropriate county clerk and recorder to assess the eligibility of the applicant and to administer voter registration and other parts of the election process;

(b) Include a statement that:

(I) Specifies each eligibility requirement, including citizenship;

(II) Contains an affirmation that the applicant meets each requirement; and

(III) Requires the signature of the applicant, under penalty of perjury;

(b.5) (I) Include:

(A) The question: "Are you a citizen of the United States of America?" and boxes for the applicant to indicate whether the applicant is or is not a citizen of the United States;

(B) The question "Will you be eighteen years of age on or before election day?" and boxes for the applicant to indicate whether or not the applicant will be eighteen years of age or older on election day;

(C) The statement "If you checked 'no' in response to either of these questions, do not complete this form."; and

(D) A statement informing the applicant that, if the form is submitted by mail and the applicant has not previously voted in the county, or in the state if the statewide voter registration system required by section 1-2-301 is operating, the applicant shall submit with the registration form a copy of identification as defined in section 1-1-104 (19.5), the applicant's driver's license number, or the last four digits of the applicant's social security number, otherwise the applicant will be required to submit a copy of identification with the applicant's mail ballot or absentee ballot.

(II) If an applicant for registration fails on the mail registration form to answer the question specified in sub-subparagraph (A) of subparagraph (I) of this paragraph (b.5), the state or local election official shall notify the applicant of the failure and provide the applicant with an opportunity to complete the form in a timely manner to allow for the completion of the registration form prior to the next election for federal office.

(c) Not include any requirement for notarization or other formal authentication; and

(d) Include, in print that is identical to that used in the affirmation portion of the application:

(I) A statement of the penalties provided by law for submission of a false voter registration application;

(II) A statement that, if an applicant declines to register to vote, the fact that the applicant has declined to register will remain confidential and will be used only for voter registration purposes; and

(III) A statement that if an applicant does register to vote, the office at which the applicant submits a voter registration application will remain confidential and will be used only for voter registration purposes.

(e) Repealed.

(1.5) Repealed.

(2) (a) Subject to the requirements of paragraph (b) of this subsection (2), in addition to the identifying information required to be provided by the elector pursuant to subsection (1) of this section, a person who applies to register by mail in accordance with this part 5 shall submit with the registration application:

(I) In the case of an elector who has been issued a current and valid Colorado driver's license or a current and valid identification card issued by the department of revenue in accordance with part 3 of article 2 of title 42, C.R.S., the number of the elector's Colorado driver's license or identification card; or

(II) In the case of an elector who has not been issued a current and valid Colorado driver's license or a current and valid identification card issued by the department of revenue in accordance with part 3 of article 2 of title 42, C.R.S., the last four digits of the person's social security number.

(a.5) If an applicant has not been issued a current and valid Colorado driver's license, has not been issued a current and valid identification card by the department of revenue in accordance with part 3 of article 2 of title 42, C.R.S., and does not have a social security number, the secretary of state shall assign the applicant a number for voter registration purposes in accordance with section 1-2-204 (2.5).

(b) Notwithstanding any other provision of law, a Colorado driver's license number, the number of an identification card issued by the department of revenue in accordance with the requirements of part 3 of article 2 of title 42, C.R.S., or the last four digits of the person's social security number shall only be received in satisfaction of the requirements of this subsection (2) where the state or local election official matches the number of the driver's license or identification card or the person's social security number submitted under paragraph (a) of this subsection (2) with an existing state identification record bearing the same number, name, and date of birth as provided in such registration information.

(c) If the elector does not comply with the requirements of this subsection (2), the county clerk and recorder shall not register the elector.

1-2-502. Form for agency registration.

(1) In addition to the information required in section 1-2-501, the form used at a voter registration agency shall include:

(a) The question, "If you are not registered to vote where you live now, would you like  to apply to register to vote here today?";

(b) If the agency provides public assistance, the statement, "Applying to register or declining to register to vote will not affect the amount of assistance that you will be provided by this agency.";

(c) Boxes for the applicant to check to indicate whether the applicant would like to register or decline to register to vote, together with the statement, in close proximity to the boxes and in prominent type, "IF YOU DO NOT CHECK EITHER BOX, YOU WILL BE CONSIDERED TO HAVE DECIDED NOT TO REGISTER TO VOTE AT THIS TIME.";

(d) The statement, "If you would like help in filling out the voter registration application form, we will help you. The decision whether to seek or accept help is yours. You may fill out the application form in private.".

(e) The statement, "If you believe that someone has interfered with your right to register or to decline to register to vote, your right to privacy in deciding whether to register or in applying to register to vote, or your right to choose your own political party or other political preference, you may file a complaint with the secretary of state." The form shall also include the address and telephone number of the secretary of state.

(2) All agencies providing an opportunity to complete the voter registration forms shall keep copies of all records relating to the completion of the forms for two years. The forms shall not be considered public records but are available to the secretary of state for purposes of compiling data in compliance with the federal "National Voter Registration Act of 1993", 52 U.S.C. sec. 20501 et seq.

 

1-2-502.5. Transfer of voter registration information to secretary of state.

(1) Subject to compliance with all applicable federal laws and regulations, the department of health care policy and financing shall provide to the secretary of state, on a schedule established by the secretary of state, electronic records containing the full name, date of birth, residence address, deliverable mailing address if different from the residence address, and county of residence for each registered and unregistered eligible elector who applies for medical assistance as defined in section 25.5-4-103 (13); except that the department of state shall not use the record of a person who is a program participant in the "Address Confidentiality Program Act", part 21 of article 30 of title 24, for voter registration purposes.

(2) If available, the department of health care policy and financing shall also provide, for each eligible elector, an electronic copy of the elector's signature and the eligible elector's valid Colorado driver's license or identification card number or the last four digits of the elector's social security number.

(3) Upon receiving the electronic record for an unregistered eligible elector that includes all of the information in subsection (1) of this section and either the elector's valid Colorado driver's license or identification card number or the last four digits of the elector's social security number in accordance with subsection (2) of this section, the secretary of state shall provide the information to the county clerk and recorder of the county in which the elector resides. Upon receipt of a record, the county clerk and recorder shall determine if the record is complete for the purposes of voter registration. If the record is not complete, the county clerk and recorder shall send to the person's address of record, by nonforwardable mail, notice that the person has not been registered to vote and stating the additional information required to register. If the person provides the additional information, the person is registered to vote effective on the date of the person's application with the department of health care policy and financing. If the person does not provide the additional information necessary to make his or her application complete and accurate within twenty-four months after the notification is mailed pursuant to this subsection (3), the person's registration is cancelled.

(4) If the record is complete for purposes of voter registration, the county clerk and recorder shall send to the person's address of record, by nonforwardable mail, notice that the person has been registered to vote and a postage paid preaddressed return form by which the person may:

(a) Decline to be registered as an elector; or

(b) Affiliate with a political party; and

(c) Provide a signature if, at the time the elector applied for medical assistance, the person did not use a Colorado driver's license or identification number and did not provide an electronic copy of their signature.

(5) A notice mailed under subsection (4) of this section must include an explanation, in both English and Spanish, of the eligibility requirements to register to vote, and a statement that, if the person is not eligible, the person should decline to register using the preaddressed return form.

(6) The notice provided under subsection (4) of this section must include a statement that, if a person declines to register to vote, the fact that the person has declined to register will remain confidential and will be used only for voter registration statistics purposes, and a statement that, if the person remains registered to vote, the office at which the person was registered will remain confidential and will be used only for voter registration statistics purposes.

(7) (a) (I) If a notice provided under subsections (3) and (4) of this section is returned as undeliverable within twenty days after the county clerk and recorder mails the notice, the person's registration is cancelled and the person is deemed to have never registered. If the notice is returned as undeliverable after twenty days after the county clerk and recorder mails the notice, the person's registration is marked inactive.

(II) Notwithstanding subsection (7)(a)(I) of this section, if a person votes in an election after the transfer of the person's record but before the notice is returned as undeliverable, the person's registration shall not be cancelled or marked inactive.

(b) If a notice provided under subsection (4) of this section is not returned within twenty days, or if the person returns the form and provides a signature but does not affiliate with a party, the person is registered as of the date of the person's application with the department of health care policy and financing and the person shall be marked as unaffiliated.

(c) If a person returns the form provided under subsection (4) of this section and declines to be registered, including if the person returns the form and both declines to be registered and also affiliates with a party or provides a signature for registration, the person's registration is cancelled and the person is deemed to have never registered; except that, if the person has voted in an election, the returned form is of no effect and the person remains registered as of the date of the person's application with the department of health care policy and financing.

(d) If a person returns the form provided under subsection (4) of this section and affiliates with a party, the person is registered as of the date of the person's application with the department of health care policy and financing and the person's affiliation shall be marked effective as of the date the affiliation information was received.

(e) If a person returns the form without selecting any option, the returned form is of no effect. The person is registered as of the date of the person's application with the department of health care policy and financing and shall be marked as unaffiliated.

(8) Information relating to the return of a notice form declining to be registered shall not be used for any purpose other than voter registration statistics.

(9) This section does not preclude the state from complying with its obligations under the federal "National Voter Registration Act of 1993", 52 U.S.C. sec. 20501 et seq., as amended; the federal "Voting Rights Act of 1965", 52 U.S.C. sec. 10101 et seq., as amended; the federal "Help America Vote Act of 2002", 52 U.S.C. sec. 20901 et seq., as amended; or any other applicable federal laws.

1-2-502.7. Voter registration agencies - reports - transfer of records for voter registration.

(1) Each state agency that oversees one or more offices designated as voter registration agencies in section 1-2-504 (1)(a) and (1)(b) shall annually provide to the secretary of state a list with each designated office, the type of services the office provides, and a designated voter registration contact for that office.

(2) Each office designated under subsection (1) of this section shall report to the secretary of state each month the number of people who applied for public assistance or who applied to participate in state-funded programs, the number of voter registration choice forms the office collected, and the number of people who received a voter registration form.

(3) At the earliest practicable time, the office of information technology created in section 24-37.5-103 shall assess which voter registration agencies, as defined in section 1-2-504 (1)(a) and (1)(b), collect sufficient information from applicants for voter registration purposes, and shall report its findings to the secretary of state. Upon a determination by the office of information technology and the secretary of state that a voter registration agency collects the necessary information to register an eligible elector, the office of information technology and the secretary of state shall establish a schedule by which the voter registration agency shall begin providing electronic records regarding eligible electors to the secretary of state. The secretary of state and each county clerk and recorder shall process electronic records received from voter registration agencies under this subsection (3) substantially in accordance with section 1-2- 502.5.

1-2-503. Availability of forms.

The application forms for mail voter registration shall be available for distribution through governmental and private entities, with particular emphasis on making them available for organized voter registration programs.

1-2-504. Voter registration agencies.

(1) The following offices are designated as voter registration agencies:

(a) All offices that provide public assistance;

(b) All offices that provide state-funded programs primarily engaged in providing services to persons with disabilities;

(c) All recruitment offices of the armed forces of the United States; and

(d) Any other federal, state, local government, or nongovernment office that chooses to provide voter registration service or applications.

(2) The following agencies may provide application forms for mail voter registration:

(a) All offices of county clerk and recorders;

(b) All federal post offices; and

(c) Any other federal, state, local government, or nongovernment office that chooses to provide voter registration service or applications.

1-2-505. Services at voter registration agencies - services to persons with disabilities.

(1) At each voter registration agency, the following services shall be made available with each application made in person for service or assistance and with each recertification, renewal, or change of address form relating to the service or assistance:

(a) Distribution of mail voter registration application forms;

(b) Assistance to applicants in completing agency voter registration application forms, unless the applicant refuses such assistance; and

(c) Acceptance of completed agency voter registration application forms for transmittal to the appropriate county clerk and recorder.

(2) If a voter registration agency provides services to a person with a disability at the person's home, the agency shall provide the services described in subsection (1) of this section at the person's home.

1-2-506. Prohibitions.

(1) A person who provides the services described in section 1-2- 505 shall not:

(a) Seek to influence an applicant's political preference or party registration;

(b) Display any political preference or party allegiance;

(c) Make any statement to an applicant or take any action, the purpose or effect of which is to discourage the applicant from registering to vote;

(d) Make any statement to an applicant or take any action, the purpose or effect of which is to lead the applicant to believe that a decision to register or not to register has any bearing on the availability of services or benefits.

(2) A person who provides the services described in section 1-2-505 shall ensure that the identity of the voter registration agency through which any particular voter is registered is not disclosed to the public.

(3) No information relating to a declination to register to vote made in connection with an application completed at a voter registration agency may be used for any purpose other than voter registration.

1-2-507. Transmittal of voter registration applications - when.

(1) Except as provided in subsection (2) of this section, a completed agency registration application accepted at a voter registration agency shall be transmitted to the county clerk and recorder not later than five days after the date of acceptance; except that, within twenty-two days before an election, a voter registration agency must transmit completed voter registration applications on a daily basis.

(2) Within eight days before an election, a voter registration agency shall accept the application and immediately inform the applicant that he or she must go to a voter service and polling center in order to vote in that election.

1-2-508. Receipt of voter registration applications - effective dates - legislative intent.

(1) The county clerk and recorder shall ensure that any eligible applicant is registered to vote in an election if:

(a) In the case of registration with a driver's license application, the valid voter registration application of the applicant is accepted by a driver's license examination facility no later than eight days before the date of an election;

(a.5) In the case of registration through the online voter registration system established pursuant to section 1-2-202.5, the application is submitted no later than the eighth day before the date of the election;

(b) In the case of registration by mail, the valid voter registration application of the applicant is postmarked not later than eight days before the date of the election;

(c) In the case of registration by mail where the application has no postmark, the date of registration is the date that the application is received;

(d) In the case of registration at a voter registration agency, the valid agency voter registration application of the applicant is accepted at the voter registration agency not later than eight days before the date of the election;

(e) In the case of registration through a voter registration drive, the valid voter registration is submitted no later than twenty-two days before an election; and

(f) In any other case, the valid voter registration application of the applicant is received by the appropriate county clerk and recorder not later than eight days before the date of the election, except as otherwise permitted by section 1-2-217.7.

(2) (a) The effective date of a voter registration application or change of registration that is completed at the office of the county clerk and recorder or in the presence of a deputy registrar is the date received by the office of the county clerk and recorder or by the registrar.

(b) The effective date of an application or change of registration that is completed at a driver's license examination facility or voter registration agency is the date that the application or change is accepted by the facility or agency.

(c) The effective date of a voter registration application or change of registration that is completed by a mail registration form is the date of the postmark or receipt by the county clerk and recorder, whichever is earlier.

(d) The effective date of a voter registration application or change of registration made at a voter service and polling center pursuant to section 1-2-217.7 is the date that the application is made by the elector.

(3) (a) (I) Notwithstanding the voter registration application deadlines contained in this section and this code, a county clerk and recorder shall accept and process a voter registration application received after the deadlines specified in subsection (1) of this section, including applications received through the online voter registration system. Any person who submits a voter registration application within eight days of an election shall be informed that he or she will not receive a mail ballot but may either pick up a ballot in person or vote in person at a voter service and polling center.

(II) It is the general assembly's intent, in enacting this paragraph (a), to use modern technology to maximize the efficiency of operations at voter service and polling centers by allowing the continuous processing of voter registration applications for eligible persons in accordance with this article.

(b) If a voter has already cast a ballot in an election, and submits an application after casting the ballot, the county clerk and recorder shall defer processing that voter's application until after the close of the election.

1-2-509. Reviewing voter registration applications - notification.

(1) Upon receipt of an application, if the applicant resides in a county other than the county receiving the application, the county clerk and recorder shall within five days transmit the application to the clerk and recorder of the applicant's county; except that, if the application is received thirty days or less before an election, the application shall be transmitted as expeditiously as possible.

(2) Upon receipt of an application, the county clerk and recorder shall verify that the application is complete and accurate. If the application is complete and accurate, the county clerk and recorder shall notify the applicant of the registration. If the application is not complete or is inaccurate, the county clerk and recorder shall notify the applicant, stating the additional information required.

(3) (a) Within ten business days after receipt of the application, the county clerk and recorder shall notify each applicant of the disposition of the application by nonforwardable mail and proceed in accordance with paragraph (b) of this subsection (3).

(b) (I) If within twenty business days after receipt of the application the notification is returned to the county clerk and recorder as undeliverable, the applicant shall not be registered.

(II) If the notification is not returned within twenty business days as undeliverable, then the applicant shall be deemed registered as of the date of the application; except that, if the applicant was notified that the application was not complete, then the applicant is deemed registered as of the date of the application if the additional information is provided at any time prior to the actual voting. If such applicant does not provide the additional information necessary to make his or her application complete and accurate within twenty-four months after notification is sent pursuant to subsection (2) of this section, the applicant must reapply in order to be registered.

(III) If the notification is returned to the county clerk and recorder as undeliverable after twenty days after receipt of the application, the county clerk and recorder shall mark the applicant's registration record "Inactive" and send a confirmation card.

1-2-510. Public disclosure of voter registration activities.

(1) The secretary of state shall maintain for at least two years and shall make available for public inspection and copying at a reasonable cost, all records concerning the implementation of programs and activities conducted for the purpose of ensuring the accuracy and currency of official lists of eligible voters, except to the extent that the records relate to a declination to register to vote or to the identity of a voter registration agency through which any particular voter is registered.

(2) The records maintained pursuant to subsection (1) of this section shall include lists of the names and addresses of all persons to whom confirmation notices are sent and information concerning whether or not each person has responded to the notice as of the date that inspection of the records is made.

(3) The secretary of state is also responsible for filing any reports or information concerning the implementation of the federal "National Voter Registration Act of 1993", 52 U.S.C. sec. 20501 et seq., with the federal election commission as may be required.

1-2-511. Prosecutions of violations.

(1) Any person who believes a violation of this part 5 has occurred may file a written complaint no later than sixty days after the date of the violation with the secretary of state. If the secretary of state determines, after a hearing, that the violation has occurred, he or she shall so notify the attorney general, who may institute a civil action for relief, including a permanent or temporary injunction, a restraining order, or any other appropriate order, in the district court. Upon a proper showing that such person has engaged or is about to engage in any prohibited acts or practices, a permanent or temporary injunction, restraining order, or other order shall be granted without bond by the court. If, within one hundred twenty days after a complaint is filed with the secretary of state, no civil action for relief is instituted by the attorney general, the complainant shall have a private right of action based on an alleged violation of this part 5 and may institute a civil action in district court for any appropriate remedy. Any such action shall be filed within one year from the date of the alleged violation.

(2) Unless a person intentionally takes voluntary action to register to vote knowing that he or she is not eligible to register, the transfer of the person's electronic record by a voter registration agency in accordance with section 1-2-213.3 or 1-2-502.5 does not constitute the completion of a voter registration form by that person. If such a registration is processed by the state, it is presumed to have been officially authorized by the state and the person is not subject to any penalty under this code.

Part 6 Cancellation of registration

1-2-601. Withdrawal of registration.

At any time that registration is permitted in the county clerk and recorder's office, any person who desires to withdraw or cancel his or her own registration may do so by filing with the county clerk and recorder a self-affirmation of withdrawal of registration, and the self-affirmation shall be used as the record of evidence to cancel the elector's registration record.

1-2-602. Deceased electors.

(1) As soon as is practicable after the end of each month, the state registrar of vital statistics shall furnish the secretary of state with a report of all persons eighteen years of age or older who have died during the previous month. To the extent possible, persons on the report shall be identified by name, county of residence, date of birth, and social security number.

(2) The secretary of state shall forward to each county clerk and recorder monthly the information received from the state registrar of vital statistics concerning persons registered to vote in the county who have died.

(3) The county clerk and recorder shall cancel the registration of any elector who is deceased and of whose death the county clerk and recorder has received notice pursuant to subsection (2) of this section.

(3.5) The secretary of state may by electronic means cancel the registration of any elector who is deceased and of whose death the secretary has received notice pursuant to subsection (1) of this section.

(4) The county clerk and recorder shall cancel the registration of any elector who is deceased when the county clerk and recorder receives written notice of the fact. The written notice shall be signed by a family member of the deceased. If the county clerk and recorder has sufficient proof that an elector is deceased, cancellation may be made without such written notice.

1-2-603. Notification that elector has moved and registered in different county.

(1) If the elector registers to vote in another county, the county clerk and recorder of the elector's new county of residence shall transfer the elector's registration record from the old county in accordance with the following requirements:

(a) If the elector provides a name, date of birth, and prior address and the county clerk and recorder can match the name, date of birth, and prior address to the elector's prior registration record, the elector's registration record shall be transferred from the old county.

(b) If the elector provides a name and date of birth but does not provide a prior address, the elector's registration record shall be transferred from the old county only if:

(I) The elector provides a driver's license or identification card number, and the county clerk and recorder of the new county of residence can match the name, date of birth, and driver's license or identification card number to the elector's prior registration record; or

(II) The elector provides a social security number, and the county clerk and recorder of the new county of residence can match the name, date of birth, and social security number to the elector's prior registration record.

(c) If the elector does not provide a prior address, driver's license number, or social security number, the registration record shall not be transferred from the old county unless the elector submits additional information that complies with the requirements of this subsection (1). The county clerk and recorder of the county of prior residence may send notice to the elector by forwardable mail to the elector's address of record. Any such notice shall have a returnable portion that has the return postage prepaid and is preaddressed to the sending county clerk and recorder, and shall include an area for the elector to indicate if the elector has moved to another county and wishes to have his or her registration record transferred from the old county.

(2) If a county clerk and recorder receives a notice from the secretary of state or from an election official in another state that the elector has registered to vote in another state, the county clerk and recorder of the county of prior residence shall cancel the registration record if the name and birth date or the name and social security number of the elector match.

1-2-604. Cancellation of electors with multiple registrations.

(1) Based upon an examination of the secretary of state's master lists of registered electors, each county clerk and recorder shall generate a list containing the name of each elector who is registered in more than one precinct in the state and shall cancel from the county's master lists of registered electors the name of the elector wherever it appears, except where it corresponds to the elector's most recent date of registration.

(2) (Deleted by amendment, L. 2009, (HB 09-1018), ch. 158, p. 684, § 6, effective August 5, 2009.)

(3) (a) The county clerk and recorder may not cancel the registration record pursuant to subsection (1) of this section unless there is a match in the county's registration records and the statewide voter registration database with respect to, at a minimum, the following types of identifying information:

(I) The elector's name, date of birth, and prior residence; or

(II) The elector's name, date of birth, and driver's license number or social security number.

(b) If the county clerk and recorder is not able to cancel the registration record pursuant to paragraph (a) of this subsection (3), the county clerk and recorder shall send a notice to the elector whose record the clerk and recorder intends to cancel. The notice shall be sent to that elector's address of record, shall have a returnable portion that has the return postage prepaid and that is preaddressed to the sending county clerk and recorder, and shall include an area for the elector to indicate if the elector has moved to another county and wishes to have his or her registration record transferred from the old county.

1-2-605. Canceling registration - procedures.

(1) (a) Correspondence by mail from the county clerk and recorder to a registered elector of a county must include, at a minimum, the elector's name and address.

(b) (I) Except as provided in subparagraph (II) of this paragraph (b), if correspondence described in paragraph (a) of this subsection (1) is returned by the United States postal service as undeliverable, the county clerk and recorder shall mark the elector's registration record “Inactive" and mail the elector a confirmation card.

(II) If correspondence described in paragraph (a) of this subsection (1) is returned by the United States postal service as undeliverable and the elector's registration record is already marked "Inactive", the county clerk and recorder shall not modify the record and may not mail the elector a confirmation card.

(c) If an elector's confirmation card is not returned to the county clerk and recorder as undeliverable, the county clerk and recorder shall not change the elector's registration record.

(2) Repealed.

(3) Any registered elector whose registration record is marked "Inactive" is eligible to vote in any election where registration is required if the elector meets all other requirements.

(4) A county clerk and recorder shall mark an "Inactive" elector's registration record as "Active" if:

(a) The elector updates his or her registration information; or

(b) The elector votes in an election conducted by a county clerk and recorder or an election for which the registration information has been provided to the clerk and recorder; or

(c) (Deleted by amendment, L. 2013.)

(d) The elector completes, signs, and returns a confirmation card or change of address card.

(5) If an active elector's mail ballot is returned to the county clerk and recorder by the United States postal service as undeliverable, the county clerk and recorder shall mark the elector's registration record "Inactive" and send to the elector a confirmation card by which the elector may verify or correct the address information. If the elector verifies that he or she has moved within the state, the county clerk and recorder shall forward the address information to the county clerk and recorder of the county in which the voter resides to update the elector's registration record with the new address. If the elector verifies that he or she has moved outside the state, the county clerk and recorder shall cancel the elector's registration record. If the elector fails to respond, the county clerk and recorder shall leave the registration record of that elector marked "Inactive".

(6) (Deleted by amendment, L. 2013.)

(7) If an elector whose registration record is marked "Inactive" fails to update his or her registration record, fails to respond to any confirmation card, and fails to vote in any election conducted by the county clerk and recorder during the time period that includes two consecutive general elections since the elector's registration record was marked "Inactive", the county clerk and recorder shall cancel the elector's registration record. Nothing in this section allows an elector's registration record to be canceled solely for failure to vote.

(8) No later than ninety days following any general election, the county clerk and recorder shall furnish to the county chairperson of each major political party a list containing the names, addresses, precinct numbers, and party affiliations of the electors whose registration records were canceled pursuant to this section.

(9) to (11) (Deleted by amendment, L. 2013.)

1-2-606. Cancellation by reason of criminal conviction in federal court.

(1) If an elector whose residence is in the state of Colorado is convicted of a felony in a district court of the United States, the United States attorney shall give written notice of the conviction to the secretary of state of Colorado. The notice shall include the name of the offender, the offender's age and residence address, the date of entry of the judgment, a description of the offenses of which the offender was convicted, and the sentence imposed by the court. The United States attorney shall additionally give the secretary of state written notice of the vacation of the judgment if the conviction is overturned.

(2) The secretary of state shall forward the information received pursuant to this section to the applicable county clerk and recorder of the county in which the offender resides.

(3) The county clerk and recorder shall cancel the registration of the elector as of the date of receipt of the information from the secretary of state, and the registration shall remain canceled until the offender reregisters to vote.

Part 7 Voter registration drives

1-2-701. Registration of voter registration drive - training - rules.

(1) Before commencing a voter registration drive, a voter registration drive organizer shall file a statement of intent to conduct a voter registration drive with the secretary of state in the manner prescribed by the secretary of state by rules promulgated in accordance with article 4 of title 24, C.R.S. The voter registration drive organizer shall designate on the statement the agent of the voter registration drive, who shall be a resident of the state.

(2) A voter registration drive organizer and a voter registration drive circulator shall fulfill the training requirements established by the secretary of state by rules promulgated in accordance with article 4 of title 24, C.R.S.

(3) (a) Prior to circulating any voter registration applications, a person intending to work as a circulator on a voter registration drive shall complete the training provided by the voter registration drive organizer and sign an affirmation affirming that he or she fulfilled the training requirements for circulators.

(b) A voter registration drive organizer shall maintain and make available to the secretary of state records evidencing the training completed by its circulators.

1-2-702. Conducting a voter registration drive.

(1) A voter registration drive organizer shall use the form of the voter registration application approved by the secretary of state by rule.

(2) A circulator working on a voter registration drive shall collect a voter registration application distributed by the voter registration drive and offered by an elector and deliver the application to the voter registration drive organizer. A voter registration drive organizer shall deliver the application to the county clerk and recorder of the county in which the elector resides according to the address indicated on the application. The application shall be delivered no later than fifteen business days after the application is signed, or, if the application is sent by mail, it shall be postmarked no later than fifteen business days after the application is signed; except that an application shall be delivered or mailed no later than the registration deadline set forth in section 1-2-201 (3).

(2.5) Within twenty-two days prior to an election, before accepting for delivery a voter registration application form from any elector, a circulator working on a voter registration drive shall inform the elector that, to vote in the upcoming election, the elector must submit an application for registration at a voter service and polling center or the elector's county clerk and recorder's office or through the online voter registration system established pursuant to section 1- 2-202.5.

(3) A voter registration drive organizer shall not compensate a circulator working on the voter registration drive based on the number of voter registration applications the circulator distributes or collects.

1-2-703. Violations - penalties.

(1) A voter registration drive organizer that conducts a voter registration drive without filing the statement of intent with the secretary of state in accordance with section 1-2-701 or without maintaining a designated agent in the state or that uses a voter registration application form other than the form approved by the secretary of state by rule shall be punished by a fine not to exceed five hundred dollars.

(2) A voter registration drive organizer that fails to fulfill the training requirements established by the secretary of state in accordance with section 1-2-701 (2) shall be punished by a fine not to exceed five hundred dollars.

(3) (a) and (b) Repealed.

(c) A voter registration drive organizer that intentionally fails to deliver a voter registration application to the proper county clerk and recorder in the manner and time prescribed by section 1-2-702 (2) shall be punished by a fine not to exceed five thousand dollars.

(4) A voter registration drive organizer that compensates a circulator working on a voter registration drive based on the number of voter registration applications the circulator distributes or collects shall be punished by a fine not to exceed one thousand dollars.

This is not an official copy of the statutes. Please visit LexisNexis Legal Resources for the most current version.