HOUSE BILL 971234
BY REPRESENTATIVES Allen, G. Berry, and Taylor;
also SENATOR Thiebaut.
CONCERNING REGISTRATION OF ELECTORS.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. Article 2 of title 1, Colorado Revised Statutes, 1980 Repl. Vol., as amended, is amended BY THE ADDITION OF A NEW PART CONTAINING RELOCATED PROVISIONS, WITH AMENDMENTS, to read:
PART 6
CANCELLATION OF REGISTRATION
12601. [Formerly 12214]
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 under oath, an
affidavit A SELFAFFIRMATION
of withdrawal of registration, and the document
SELFAFFIRMATION shall be used as the record of evidence
to cancel the elector's registration record.
12602. Deceased electors.
(1) [Formerly 12302
(4)] (4) 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 as
provided in subsection (2) of this section
BY NAME, COUNTY OF RESIDENCE, DATE OF BIRTH, AND SOCIAL SECURITY
NUMBER.
(2) [Formerly 12302 (7)]
(7) The
secretary of state shall notify
FORWARD TO each county clerk and recorder quarterly
of any persons who have died and concerning whom the secretary
of state has MONTHLY THE INFORMATION
received a report
from the state registrar of vital statistics pursuant
to subsection (4) of this section
CONCERNING PERSONS REGISTERED TO VOTE IN THE COUNTY WHO HAVE DIED.
(3) [Formerly 12226 (1)]
(1) The
county clerk and recorder shall purge
CANCEL the registration book of the
name of any elector who is deceased
and of whose death the county clerk and recorder has received
notice pursuant to section 12302
(7) by drawing a red line through the name of the elector, writing
or stamping on the registration record the word "deceased",
and removing the registration record from the registration book
SUBSECTION (2) OF THIS SECTION. All
registration records removed shall be preserved for a period of
two years.
(4) [Formerly 12226 (2)]
(2) The
county clerk and recorder shall purge
CANCEL the registration book of the
name 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.
12603. [Formerly 12303
(2) and (3)] Notification that elector has moved and registered
in different county. (2) (1) If
the elector completes a "notice
of registration" form as required by section 12204
(2) (i) REGISTERS TO VOTE IN ANOTHER
COUNTY, the county clerk and recorder shall immediately transmit
the form
INFORMATION to the county clerk and recorder of the elector's
prior county of residence. using the
statewide electronic registration system in the counties that
do online registration with the secretary of state.
Upon receipt of the form
INFORMATION, the county clerk and recorder of the county of prior
residence shall use the elector's
"notice of registration" as evidence of the elector's
move from the county and shall cancel
the ELECTOR'S registration record. from
the registration book. In counties that do not have online
registration with the secretary of state, the form shall be transmitted
weekly to the secretary of state. The secretary of state shall
notify the county clerk and recorders of any duplicate records
throughout the state. The county
clerk and recorder of the county of prior residence shall cancel
the registration record only if the name and birth date or the
name and social security number of the elector match.
(3) (2) If
a county clerk and recorder receives a notice from
another county clerk and recorder in the state of Colorado,
from the secretary of state or from an election official in another
state that the elector has registered to vote in another county,
or transferred registration to another
county, 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.
12604. Cancellation of
electors with a multiple registration.
(1) [Formerly 12302 (5) (b)] (5)
(b) If the
name of any elector appears more than once on
the secretary of state's master list of registered electors showing
the SHOWS AN elector to be registered
in more than one precinct in this state, the secretary of state
and SHALL
NOTIFY every applicable county clerk and recorder EACH MONTH OF
SUCH MULTIPLE REGISTRATION. EACH COUNTY CLERK AND RECORDER WHO
RECEIVES SUCH NOTIFICATION shall delete
CANCEL from the COUNTY'S master lists of registered electors maintained
in their offices the name of the
elector wherever it appears, except where it corresponds to the
elector's most recent date of registration.
(2) [Formerly 12304 (1)]
(1) Not
later than eight
FIFTEEN days prior to each primary, general, ODDNUMBERED
YEAR, or congressional vacancy election, the secretary of state
shall furnish to each county clerk and recorder a list of registered
electors who are registered to vote in more than one precinct
in this state. The lists shall identify each elector as provided
in section 12301 (1).
(3) THE COUNTY CLERK AND RECORDER OF THE
COUNTY OF PRIOR RESIDENCE SHALL CANCEL THE REGISTRATION RECORD
PURSUANT TO SUBSECTION (1) OF THIS SECTION ONLY IF THE NAME AND
BIRTH DATE OR THE NAME AND SOCIAL SECURITY NUMBER OF THE ELECTOR
MATCH.
12605. [Formerly 12224]
Canceling registration. (1) (a) At
any time between twentynine days before the primary election
and thirty days after the primary election, the
ANY county clerk and recorder shall
communicate COMMUNICATION by mail
with all ACTIVE registered electors The
communication shall be in the form
of an elector information card, including but not limited to the
registered elector's name and address, precinct number, and polling
place, AND shall be mailed first class
and shall contain on the address side of the card the statement
"Do Not Forward. Address Correction Requested" or any
other similar statement which is in accordance with United States
postal service regulations BY FORWARDABLE
MAIL.
(b) For all electors whose communication
pursuant to paragraph (a) of this subsection (1) is returned by
the United States postal service as undeliverable at the elector's
voting address, the county clerk and recorder shall
MAY mark the registration record of that elector with the word
"Inactive".
(c) All electors whose communication pursuant
to paragraph (a) of this subsection (1) is not returned to the
county clerk and recorder as undeliverable shall be deemed "Active",
and no mark shall be made on the electors' registration records.
(3) (2) A
registered elector who is deemed "Active" pursuant
to paragraph (c) of subsection (1) of this section,
but who fails to vote in the
ANY general election which follows
the communication mailed by the county clerk and recorder pursuant
to paragraph (a) of subsection (1) of this section,
shall have the elector's registration record marked "Inactive
(insert date)" by the county clerk and recorder following
the general election.
(8) (3) Any
registered elector whose registration record has been marked "Inactive"
shall be eligible to vote in any municipal,
school district, or special district election, but voting in these
elections shall not cause the county clerk and recorder to delete
the word "Inactive" from the elector's registration
record, except as provided for in subsection (2) of this section
ELECTION WHERE REGISTRATION IS REQUIRED AND THE ELECTOR MEETS
ALL OTHER REQUIREMENTS.
(2) (4) Any
"INACTIVE" elector whose
registration record has been marked "Inactive" pursuant
to paragraph (b) of subsection (1) of this section shall have
the "Inactive" statement deleted from the registration
record and shall be deemed "Active"
if:
(a) The elector makes
current UPDATES the registration
information WITH THE COUNTY CLERK AND RECORDER; OR
(I) At any office of the county
clerk and recorder at any time prior to or on the day of any primary,
general, or congressional vacancy election; or
(II) At any office of the county
clerk and recorder, any mobile registration station, any driver's
license examination facility, or any voter registration agency;
or
(b) The elector votes in any primary,
general, or congressional vacancy
election CONDUCTED BY A COUNTY CLERK AND RECORDER OR ANY ELECTION
FOR WHICH THE INFORMATION HAS BEEN PROVIDED TO THE CLERK AND RECORDER;
or
(c) The elector votes in any municipal,
school district, or special district election in which a county
clerk and recorder has access to the election records; or
(d) (c) The
elector applies for an absentee ballot for any primary,
general, or congressional vacancy
election WHICH THE COUNTY CLERK AND RECORDER CONDUCTS, REGARDLESS
OF WHETHER OR NOT THE BALLOT IS RETURNED; OR
(d) THE ELECTOR COMPLETES, SIGNS, AND
RETURNS A CONFIRMATION CARD.
(3.5) (5) If
a mail ballot that was mailed to the voting address of an elector
who has been deemed "Active" is returned to the county
clerk and recorder by the United States postal service as undeliverable,
the county clerk and recorder shall send the elector a notice
pursuant to section 12509 by forwardable mail and
a postage prepaid, preaddressed form by which the elector
may verify or correct the address information. If the elector
verifies that he or she resides in a county other than the county
mailing the mail ballot, the county clerk and recorder shall mark
the registration record of the elector "Canceled (insert
date)", and the record shall be removed from the registration
file of the county. If the elector fails to respond, the county
clerk and recorder shall mark the registration record of that
elector with the word "Inactive".
(4) Any registered elector who
is deemed "Active" pursuant to paragraph (c) of subsection
(1) of this section, and whose general election absentee ballot
was received by the county clerk and recorder after 7 p.m. on
general election day or within twenty days thereafter, but was
postmarked on or before election day, shall have the registration
record marked "LATE, Date __________", and the elector
shall be deemed "Active".
(5) A registered elector whose
registration record is marked "Inactive" pursuant to
subsection (3) of this section shall have the "Inactive"
statement deleted from the registration record and shall be deemed
"Active" if:
(a) The elector votes in any of
the next two primary, general, or congressional vacancy elections
that follow the general election in which the elector failed to
vote (referred to in this section as the "next" election);
or
(b) The elector makes current
the registration information:
(I) At any office of the county
clerk and recorder at any time prior to or on the day of any primary,
general, or congressional vacancy election; or
(II) At any office of the county
clerk and recorder, any mobile registration station, any driver's
license examination facility, or any voter registration agency;
or
(c) The elector submitted the
elector's general election absentee ballot, which was received
by the county clerk and recorder after 7 p.m. on general election
day or within twenty days thereafter, but which was postmarked
on or before election day. The elector's registration record shall
be marked "LATE, Date __________".
(6) (a) At any time before
January 10 WITHIN NINETY DAYS after
any general election, any registered elector whose registration
record is marked "Inactive" prior
to a general election and
who failed
to become "Active" pursuant to either subsection (2)
or (4) of this section, AND WHO HAS
NOT PREVIOUSLY BEEN MAILED A CONFIRMATION CARD shall be mailed
a continuance
CONFIRMATION card by the county clerk and recorder. pursuant
to paragraph (b) of this subsection (6).
(b) A continuance
CONFIRMATION card shall be mailed, first
class, shall
contain on the address side of the card "Please forward."
or any other similar statement which is in accordance with United
States postal service regulations, and
shall have a place for an address change, and
the return card shall be SENT BY
FORWARDABLE MAIL, SHALL HAVE A RETURNABLE PORTION THAT HAS THE
RETURN postage prepaid and IS preaddressed to the sending county
clerk and recorder, AND SHALL INCLUDE A REGISTRATION FORM TO ALLOW
THE ELECTOR TO REREGISTER IN THE COUNTY WHERE THE ELECTOR RESIDES.
The continuance card shall state that,
if the registered elector wishes to be retained in the registration
book of the county and if the elector is still a resident of the
county, the elector shall complete and sign the continuance card
and shall return it to the county clerk and recorder.
(c) (I) If a continuance
card is completed, signed, and handdelivered to the county
clerk and recorder or returned postmarked within sixty days after
the card is mailed by the county clerk and recorder, the county
clerk and recorder shall change the mark on the elector's registration
record from "Inactive" to "Active". The elector's
registration record shall remain in the registration file of the
county and shall reflect any further changes requested by the
elector.
(II) If a continuance card is
not completed and handdelivered to the county clerk and
recorder or returned postmarked within sixty days after the card
is mailed by the county clerk and recorder, after the second general
election in which the elector has been designated "Inactive",
the county clerk and recorder shall mark the registration record
of the elector "Canceled (insert date)", and the record
shall be removed from the registration file of the county.
(III) (7) If
a continuance card is returned to
the county clerk and recorder as undeliverable
RECEIVES NO RESPONSE TO THE CONFIRMATION CARD and the elector
has been designated "Inactive" for two general elections
since the first continuance
CONFIRMATION card was mailed, the county clerk and recorder shall
mark
CANCEL the registration record of the elector. "Canceled
(insert date)", and the record shall be removed from the
registration file of the county.
(7) (8) Within
one hundred thirtyfive
NINETY days following any general election, the county clerk and
recorder shall furnish to the county chairpersons of the two major
political parties a list containing the names, addresses, precinct
numbers, and party affiliations of the electors whose names were
removed
CANCELED from the registration book
RECORD PURSUANT TO THIS SECTION.
(9) AS SOON AS IS PRACTICABLE AFTER A
GENERAL ELECTION, THE COUNTY CLERK AND RECORDER SHALL TRANSMIT
TO THE SECRETARY OF STATE, IN A MEDIA FORMAT ACCEPTABLE TO THE
SECRETARY OF STATE, A LIST OF THE ELECTORS CANCELED FROM THE REGISTRATION
RECORDS PURSUANT TO THIS SECTION.
(9) (10) If
after twentyeight days prior to an election, any registered
elector finds that his or her registration record has been canceled
during the prior six years pursuant to this section, the elector
shall have the canceled notation deleted and shall be reinstated
and given a "Certificate of Reinstatement" if the elector
provides proof to the county clerk and recorder that he or she
has not moved since the last two
THREE general elections. The "Certificate of Reinstatement"
may be issued any time during the twentyeight days before
or on election day, and the elector may then vote at his or her
precinct polling place or, if authorized by the county clerk and
recorder, at the office of the county clerk and recorder.
12606. 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.
SECTION 2. 12201
(3), Colorado Revised Statutes, 1980 Repl. Vol., as amended, is
amended to read:
12201. Registration required
deadline. (3) Any other
provisions of this title to the contrary notwithstanding, electors
shall be permitted to register up
to VOTE IF THE ELECTOR IS REGISTERED
TO VOTE FOR AT LEAST twentynine days before any primary,
presidential, general, municipal, congressional vacancy, special
district, or other election, and, if the twentyninth day
before an election is a Saturday, Sunday, or legal holiday, then
electors shall be permitted to register on the next day that is
not a Saturday, Sunday, or legal holiday.
SECTION 3. 12202
(1), (2), (6), and (7), Colorado Revised Statutes, 1980 Repl.
Vol., as amended, are amended to read:
12202. 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 the primary office or
at any office mobile or stationary,
regularly maintained by the county clerk and recorder and staffed
by regular employees at any time. following
any general election, up to and including the twentyninth
day before the primary election, or at any time after the primary
election, up to and including the twentyninth day before
the general election. IF THE ELECTOR
RESIDES IN A COUNTY OTHER THAN WHERE HE OR SHE IS REGISTERING,
the registrations
REGISTRATION shall then
be forwarded to the appropriate
county clerk and recorder OF THE COUNTY IN WHICH THE ELECTOR RESIDES.
The county clerk and recorder shall
accept deferred registrations pursuant to subsection (6) of this
section, except on the days of the primary, general, and congressional
vacancy elections and elections held on the first Tuesday in November
of oddnumbered years.
(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. except
the twentyeight days preceding any municipal election.
The municipal clerk shall deliver the new registration records
to the office of the county clerk and recorder either in person
or by certified
mail on or before the fifteenth day of each month and in person
on the day following the last day for registration preceding any
election for which registration is required.
(6) At any
time that the registration books of the county clerk and recorder
are closed pursuant to the provisions of subsection (1) of this
section, except for the days of the primary, general, and congressional
vacancy elections, the county clerk and recorder shall register
any eligible elector residing in any precinct in the county who
appears in person at the primary office or at any office regularly
maintained by the county clerk and recorder and staffed by regular
employees, but the names of persons registering pursuant to the
provisions of this subsection (6) shall not be placed
in the registration book or added to the list of eligible electors
until after the election for which the registration books were
closed. Registrations made pursuant to this subsection (6) shall
take effect on the day following the election for which the registration
books were closed, and after that date each registration shall
be effective as of the date the registration was actually made.
(7) The name
of each elector who registered pursuant to subsection (6) of this
section shall be included in books and lists prepared for all
elections held at least twentynine days after the date of
registration. REGISTRATION RECORDS
FOR ANY ELECTION SHALL INCLUDE ALL THOSE ELECTORS WHO HAVE REGISTERED
AT LEAST TWENTYNINE DAYS BEFORE THE ELECTION.
SECTION 4. 12204
(2) (i), Colorado Revised Statutes, 1980 Repl. Vol., as amended,
is amended to read:
12204. Questions answered
by elector. (2) In addition,
each eligible elector shall be asked, and the elector shall correctly
answer, the following:
(i) Whether or not the elector has voted
or was registered to vote in another county of this state or in
another state; If the elector was
previously registered, the elector shall, when registering, sign
a "notice of registration" form pursuant to section
12221; and
SECTION 5. 12212,
Colorado Revised Statutes, 1980 Repl. Vol., as amended, is repealed
as follows:
12212. Mobile registration
sites definition establishment and conduct.
(1) As used in this section,
"mobile registration site" means an elector registration
site staffed and maintained by the county clerk and recorder at
a temporary location.
(2) (a) Mobile registration
sites shall be established, at the discretion of the county clerk
and recorder, at locations where, and during periods when, heavy
registration is anticipated. Doortodoor registration
shall not be considered a mobile registration site.
(b) The sites may be open during
times set by the county clerk and recorder; except that the sites
shall not be open on the following days: General election day,
primary election day, and congressional vacancy election day.
The sites shall not remain open later than 7 p.m. of the twentyninth
day before each primary and general election.
(c) At all mobile registration
sites, eligible electors shall be registered in the same manner
as if registration were made in the office of the county clerk
and recorder.
SECTION 6. 12213
(2) (d), Colorado Revised Statutes, 1980 Repl. Vol., as amended,
is amended to read:
12213. Registration at
driver's license examination facilities.
(2) (d) The authorized employee shall stamp the
application for registration with a validation stamp and indicate
on the driver's license that the bearer registered to vote, which
license shall be the elector's receipt. Applications and changes
shall be forwarded on a weekly basis, or ON A DAILY BASIS when
open during the last week allowed for registration prior to any
election, to the county clerk and recorder of the county in which
the driver's license examination facility is located, and, if
the applicant lives in a different county from the facility, the
application shall then be forwarded to the county clerk and recorder
of the county in which the applicant resides.
SECTION 7. 12216
(4) (a) and (5), Colorado Revised Statutes, 1980 Repl. Vol., as
amended, are amended to read:
12216. Change of residence.
(4) (a) For the twentyeight days before
and on the day of any primary, general, ODDNUMBERED YEAR,
or congressional vacancy election, any eligible elector, by appearing
in person at the office of the county
clerk and recorder OF THE COUNTY IN WHICH THE ELECTOR IS REGISTERED,
may complete a change of address form within
the county in which the elector is registered
stating, under penalty of perjury, that the elector has moved
prior to the thirtieth day before the election and that, on the
day of the election, the elector will have lived at the new address
in the new precinct for at least thirty days. Upon the receipt
of the request, the county clerk and recorder shall verify the
registration of the elector and, upon verification, if the elector
does not choose to vote at the time the request is verified, shall
issue or authorize a certificate of registration showing the information
required in section 12215 plus the change of address.
(5) Changes
from one residence in a precinct to another residence in
A CHANGE OF RESIDENCE WITHIN the same precinct may be made on
the day of any primary, general, ODDNUMBERED YEAR, congressional
vacancy, or coordinated election AT THE POLLS by the election
judges ELECTOR. Any
election judge making the change shall sign opposite the change
of residence.
SECTION 8. 12223
(1), Colorado Revised Statutes, 1980 Repl. Vol., as amended, is
amended to read:
12223. 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 registration
records of all electors residing in the detached part of any precinct
shall be forthwith removed by the county clerk and recorder from
the registration book of the precinct and shall be inserted in
the registration book of the new precinct or the precinct to which
such part has been attached PRECINCT
NUMBER ON THE VOTER'S MASTER FILE RECORD SHALL BE CHANGED TO REFLECT
THE NEW PRECINCT NUMBER.
SECTION 9. 12225
(2), Colorado Revised Statutes, 1980 Repl. Vol., as amended, is
amended to read:
12225. Change of polling
place accessibility for persons with disabilities.
(2) The elector information card required to be sent
to all registered electors pursuant to section
12224 SECTION 15206
shall include a notice to the elector indicating whether the polling
place for the elector is accessible to persons with disabilities.
The information card shall also include an affidavit which may
be signed and returned to the county clerk and recorder indicating
that the elector to whom the information card was sent has a disability
and requesting a change of polling place assignment to a location
that is accessible to persons with disabilities.
SECTION 10. 12301
(1) and (2) (b), Colorado Revised Statutes, 1980 Repl. Vol., as
amended, are amended to read:
12301. Secretary of state
to maintain master list of electors county computer records
consolidated data processing system.
(1) The secretary of state shall maintain in the office
a complete list of all the registered electors in this state.
The list shall be maintained by county and by precinct, and each
elector on the list shall be identified by name, place of residence,
precinct number, date of birth, or
naturalization social security number
or other identification number, and the date or dates on which
the elector has registered.
(2) (b) Within five days after the
close of the registration books prior
to LAST DAY TO REGISTER FOR a primary,
general, ODDNUMBERED YEAR or congressional vacancy election,
the county clerk and recorder of each county shall transmit to
the secretary of state, in a media format acceptable to the secretary
of state, a list of the registered electors in the county. The
list shall contain, but shall not be limited to, each elector's
name, place of residence, mailing address if different from residence
address, precinct number, date of birth, or
naturalization social security number
or other identification number, and the date on which the elector
was last registered.
SECTION 11. 12303
(1), Colorado Revised Statutes, 1981 Repl. Vol., as amended, is
amended to read:
12303. 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 be
allowed to 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.
SECTION 12. 12304
(2), Colorado Revised Statutes, 1980 Repl. Vol., as amended, is
repealed as follows:
12304. Multiple registration
procedure. (2) The
county clerk and recorder of each county in which an elector resides
who is registered in more than one precinct shall note the fact
of the multiple registration in the correct registration book.
The notation shall contain the information set forth in section
12301 (1). If a multiple registered elector attempts
to vote in a precinct other than the precinct which corresponds
to the most recent date of registration, the elector shall not
be permitted to vote in that precinct, and the elector shall be
informed of the correct precinct. The elector shall be permitted
to vote in the correct precinct if the elector is otherwise eligible
to vote.
SECTION 13. 12508
(1) (c), Colorado Revised Statutes, 1980 Repl. Vol., as amended,
is amended to read:
12508. Effective date of
voter registration. (1) The
county clerk and recorder shall ensure that any eligible applicant
is registered to vote in an election if:
(c) In the case of registration by mail
and the application has no postmark, the application of the applicant
is received BY A COUNTY CLERK AND RECORDER within five days of
the close of registration. THE DATE OF REGISTRATION SHALL BE THE
DATE OF THE LAST DAY ALLOWED FOR REGISTRATION;
SECTION 14. 12510
(2), Colorado Revised Statutes, 1981 Repl. Vol., as amended, is
amended to read:
12510. Public disclosure
of voter registration activities. (2) The
records maintained pursuant to subsection (1) of this section
shall include lists of the names and addresses of all persons
to whom continuation
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.
SECTION 15. 12209
(3), Colorado Revised Statutes, 1980 Repl. Vol., as amended, is
amended to read:
12209. Registration of
citizens who reside outside the United States federal law.
(3) An elector registered pursuant to this section
shall apply for and cast a vote by absent voting procedures as
authorized by this code. The absentee ballot issued shall carry
the candidates for the following federal offices: President and
vice president of the United States, member of the United States
senate, and member of the United States house of representatives.
Any elector registered pursuant to the provisions of this section
shall be canceled under the provisions of section 12224
12605. Upon returning to the United States, any elector
registered pursuant to this section shall notify the county clerk
and recorder either to cancel the elector's registration because
the elector has established residence outside the county where
registered or to complete the registration because the elector
has established residence in the county.
SECTION 16. 12225
(2), Colorado Revised Statutes, 1980 Repl. Vol., as amended, is
amended to read:
12225. Change of polling
place accessibility for persons with disabilities.
(2) The elector information card required to be sent
to all registered electors pursuant to section 12224
12605 shall include a notice to the elector indicating
whether the polling place for the elector is accessible to persons
with disabilities. The information card shall also include an
affidavit which may be signed and returned to the county clerk
and recorder indicating that the elector to whom the information
card was sent has a disability and requesting a change of polling
place assignment to a location that is accessible to persons with
disabilities.
SECTION 17. 12226
(1), Colorado Revised Statutes, 1980 Repl. Vol., as amended, is
repealed as follows:
12226. Deceased electors
purging of registration book. (1) The
county clerk and recorder shall purge the registration book of
the name of any elector who is deceased and of whose death the
county clerk and recorder has received notice pursuant to section
12302 (7) by drawing a red line through the name of
the elector, writing or stamping on the registration record the
word "deceased", and removing the registration record
from the registration book. All registration records removed shall
be preserved for a period of two years.
SECTION 18. 12302
(1), (2), (3), and (5), Colorado Revised Statutes, 1980 Repl.
Vol., as amended, are amended to read:
12302. Maintenance of master
list. (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. In order
to assist the secretary of state, the county clerk and recorder
in each county, within five days after the end of each month,
shall transmit to the secretary of state in a media format acceptable
to the secretary of state ALL ADDITIONS, CHANGES, AND DELETIONS
TO THE MASTER REGISTRATION RECORDS MADE IN EACH COUNTY FOR THE
PREVIOUS MONTH.
(a) A list of all persons who
have registered to vote in the county during the previous month;
(b) A list of registered electors
who have moved from one precinct to another within the county
or from one place of residence to another in the same precinct
or other changes of information necessary to maintain each elector's
registration on a current basis pursuant to section 12301
(2); and
(c) A list of registered electors
who are to be deleted from the master list of registered electors.
(2) The electors on the lists
required to be furnished under subsection (1) of this section
MASTER REGISTRATION RECORDS shall be identified by name, place
of residence, precinct number, date of birth, or
naturalization, social security number
or other identification number, and the date on
which the elector was last registered
OF REGISTRATION.
(3) As soon as is practicable after a
general election, the county clerk and recorders shall transmit
to the secretary of state, in a media format acceptable to the
secretary of state, a list of the electors canceled from the registration
books
RECORDS PURSUANT TO PART 6 OF THIS ARTICLE. The electors shall
be identified as provided in subsection (2) of this section.
(5) (a) The
secretary of state and the applicable county clerk and recorder
shall delete from the master lists of registered electors maintained
in their offices the name of any elector:
(I) Who is deceased; or
(II) Who is no longer qualified
to vote in the precinct where currently registered; or
(III) Whose name has been purged
from the registration book, as provided in section 12224;
or
(IV) Who is otherwise no longer
qualified to vote as provided by law.
SECTION 19. 15206
(1), Colorado Revised Statutes, 1980 Repl. Vol., as amended, is
amended to read:
15206. Postcard notice
and notice by publication. (1) At
any time between twentynine days before the primary election
and thirty days after the primary election, except for the presidential
primary, mail ballot, courtordered elections, and elections
which require the mailing of a ballot issue notice,
NO LATER THAN TWENTYFIVE DAYS BEFORE THE GENERAL ELECTION,
the county clerk and recorder shall mail BY FORWARDABLE MAIL a
voter information card concerning the general election to all
ACTIVE eligible electors of the county. The card shall contain
the eligible elector's name and address, precinct number, polling
location for the general election, and any other applicable information.
It shall be mailed firstclass
and shall state on the address surface "Do not forward. Address
correction requested." or similar wording in accordance with
United States postal service regulations.
SECTION 20. 18208
(2) (a), Colorado Revised Statutes, 1980 Repl. Vol., as amended,
is amended to read:
18208. Manner of early
voting repeal of subsection. (2) (a) An
eligible elector who appears in person at the early voters' polling
place to cast an early voters' ballot shall be requested to write
on the signature card the elector's driver's license number or
the number printed on the elector information card or voter information
card or letter mailed to the elector pursuant to section 12224
12605 or 15206, if a number is printed
on such card or letter, or to present such elector information
card or voter information card or letter when the signature card
is given to the election judge. Signature cards shall include
a labeled space for the driver's license number and the number
of the elector information card or voter information card or letter
and shall clearly indicate that providing such information is
optional. No person shall be prohibited from voting for failure
to provide such information. If the elector presents an elector
information card or voter information card or letter instead of
providing the driver's license number or the number of the elector
information card or voter information card or letter, the election
judge receiving the signature card shall enter a notation to that
effect on the signature card.
SECTION 21. 19101
(1) (a) (II), Colorado Revised Statutes, 1980 Repl. Vol., as amended,
is amended to read:
19101. Challenge of illegal
or fraudulent registration. (1) (a) (II) If
the county clerk and recorder finds some evidence but not sufficient
evidence to support the allegations in the challenge, the registration
record of the elector may be marked with the word "Inactive",
and the procedures of section 12224
12605 in regard to registered electors who fail to
vote in a general election shall apply; or
SECTION 22. 3110204,
Colorado Revised Statutes, 1986 Repl. Vol., as amended, is amended
to read:
3110204. Municipal clerk
as deputy county clerk and recorder. Each
clerk shall serve as a deputy county clerk and recorder for purposes
of registration only in the county in which the clerk's municipality
is located. The clerk shall register any qualified elector residing
in any precinct in such county who appears in person at the clerk's
office at any time during which registration is permitted in the
office of the county clerk and recorder. except
the twentyeight days preceding any municipal election.
The clerk shall deliver the new registration records to the office
of the county clerk and recorder either in person or by certified
mail on or before the fifteenth day of each month and in person
on the day following the last day for registration preceding any
election for which registration is required.
SECTION 23. Repeal of provisions
being relocated in this act. 12214,
12224, 12226, 12302 (4), (5)
(b), and (7), 12303 (2) and (3), and 12304
(1), Colorado Revised Statutes, 1980 Repl. Vol., as amended, are
repealed.
SECTION 24. Effective date. This
act shall take effect July 1, 1997.
SECTION 25. Safety clause.
The general assembly hereby finds, determines, and declares that
this act is necessary for the immediate preservation of the public
peace, health, and safety.
____________________________ ____________________________
Charles E. Berry Tom Norton
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Judith M. Rodrigue Joan M. Albi
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE OF COLORADO