First Regular Session Sixty-eighth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 11-0082.01 Troy Bratton SENATE BILL 11-018 SENATE SPONSORSHIP Harvey, HOUSE SPONSORSHIP Holbert, Senate Committees House Committees State, Veterans & Military Affairs A BILL FOR AN ACT Concerning a requirement to provide proof of citizenship to register to vote. Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://www.leg.state.co.us/billsummaries.) A person who applies to register to vote is required to provide proof of citizenship. An applicant establishes proof of citizenship by providing: A United States passport or photocopy thereof; A birth certificate or photocopy thereof; A United States naturalization document or a photocopy thereof; The number on the applicant's certificate of naturalization, verified by the county clerk and recorder; or Any document or method of proof of citizenship established by federal immigration law. Additionally, the county clerk and recorder is prohibited from registering a person who has completed a provisional ballot affidavit until the person provides proof of citizenship. A person is exempt from the proof of citizenship requirements if the person is registered prior to July 1, 2011, or if the person is an absent uniformed services elector or a nonresident or resident overseas elector and applies to register by federal postcard application. A registered elector is not required to submit proof of citizenship when the elector: Moves from one county to another county within the state and has completed an emergency registration affidavit; Moves within the county and changes his or her address on the registration record; Changes his or her name on the registration record; or Declares, changes, or withdraws an affiliation with a political party or political organization. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. 1-2-201 (2), Colorado Revised Statutes, is amended to read: 1-2-201. Registration required - deadline. (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, and, if necessary, provide proof of citizenship as specified in section 1-2-205.5. SECTION 2. Part 2 of article 2 of title 1, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read: 1-2-205.5. Proof of citizenship. (1) Except as provided in subsection (5) of this section, the county clerk and recorder or deputy registrar shall not register an eligible elector applying for registration unless the elector submits proof of citizenship to the county clerk and recorder or deputy registrar. (2) An eligible elector shall establish proof of citizenship by providing: (a) A United States passport, or a legible photocopy of the pertinent pages of the passport, identifying the elector and showing the passport number; (b) The elector's birth certificate or a legible photocopy of the birth certificate; (c) The elector's United States naturalization documentation, a legible photocopy of the naturalization documentation, or the number of the elector's certificate of naturalization; except that an elector who provides the number of the certificate of naturalization in lieu of the naturalization documentation shall not be registered until the county clerk and recorder verifies the number with the United States citizenship and immigration services in the department of homeland security or its successor; or (d) Any document or method of proof of citizenship established by the federal "Immigration Reform and Control Act of 1986", Pub.L. 99-603, as amended. (3) For purposes of this section, proof of voter registration from another state shall not be considered proof of citizenship. (4) A person who is a registered elector as of July 1, 2011, is deemed to have provided proof of citizenship pursuant to this section. (5) A registered elector is not required to submit proof of citizenship when the elector: (a) Moves within a county and changes the elector's address on the registration record pursuant to section 1-2-216; (b) Moves from one county to another county within the state and has completed an emergency registration affidavit in accordance with the provisions of section 1-2-217.5; (c) Changes the elector's name on the registration record pursuant to section 1-2-218; (d) Declares an affiliation with a political party or political organization pursuant to section 1-2-218.5; or (e) Changes or withdraws an affiliation with a political party or organization pursuant to section 1-2-219. (6) The county clerk and recorder shall not register a person who applies to register by completing a provisional ballot affidavit pursuant to section 1-8.5-103 (2) (a), 1-8.5-107 (1) or (2) (c), or 1-8.5-108 until such person provides proof of citizenship pursuant to this section. (7) The requirements of this section shall not apply to an absent uniformed services elector, a nonresident overseas elector, or a resident overseas elector, who applies to register by federal postcard application in accordance with section 1-2-208 or 1-2-209. SECTION 3. 1-2-213 (2) (a), Colorado Revised Statutes, is amended to read: 1-2-213. Registration at driver's license examination facilities. (2) (a) An applicant who wishes to complete an application for registration shall read and answer the questions required by section 1-2-204, and shall provide proof of citizenship pursuant to section 1-2-205.5, and make a self-affirmation by signing the following statement: "I, ......................, do solemnly affirm that I am a citizen of the United States and that on the date of the next election I shall have attained the age of eighteen years and shall have resided in the state of Colorado at least thirty days and in my precinct at least thirty days before the election. I further affirm that the present address I listed herein is my sole legal place of residence and that I claim no other place as my legal residence." Each application for registration shall bear the following statement: "Warning: It is a class 1 misdemeanor to affirm falsely as to your qualifications to register to vote." SECTION 4. 1-2-217.5 (1) (b), Colorado Revised Statutes, is amended to read: 1-2-217.5. Change in residence before close of registration - emergency registration at office of county clerk and recorder. (1) Notwithstanding the provisions of sections 1-2-101 and 1-2-102, an elector may register to vote in an election after the registration books of the county clerk and recorder are closed for that election by completing an emergency registration affidavit as prescribed by the secretary of state if the elector: (b) Complies with the requirements of section 1-2-204 (1) and (2) and provides proof of citizenship pursuant to section 1-2-205.5. SECTION 5. 1-8.5-103 (2) (a), Colorado Revised Statutes, is amended to read: 1-8.5-103. Provisional ballot affidavit. (2) (a) The provisional ballot affidavit shall constitute a voter registration application for the voter for future elections, and the county clerk and recorder shall transfer any previous voter registration record for the voter shall be cancelled pursuant to section 1-2-603 (1). SECTION 6. Act subject to petition - effective date. This act shall take effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly (August 10, 2011, if adjournment sine die is on May 11, 2011); except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part shall not take effect unless approved by the people at the general election to be held in November 2012 and shall take effect on the date of the official declaration of the vote thereon by the governor.