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Colorado > Colorado Electoral Code > Qualifications And Registration Of Electors

1-2-202.5. On-Line Voter Registration—On-Line Changes in Elector Information

Overview of Statute

The secretary of state must maintain a fully secure website that enables individuals to register and update registration online, so long as the individual has a stored signature accessible by the department of state. The electronic voter registration form must include questions pertaining to eligibility requirements and an attestation that a voter will not cast multiple ballots in any election, as well as a declaration affirming the accuracy of information provided and a statement warning against the legal ramifications for submitting false information. The website must also provide a warning to individuals seeking to register less than eight days prior to an election that informs the individual to instead obtain a ballot at a polling center or voter service. An individual may change or withdrawal party affiliation online no later than twenty-nine days prior to an election.

Statute

(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 web site 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 sections 1-2-302 (6) and 42-1-211 (1.5), C.R.S.

(b) The official web site referenced in paragraph (a) of this subsection (1) shall be fully secure. The web site shall maintain the confidentiality of all users and preserve the integrity of the data submitted. Further specifications regarding the security of the web site 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 web site 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 web site referenced in subsection (1) of this section.

(2) The secretary of state shall make available on the secretary of state’s official web site 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, and do you understand that you must be at least eighteen years of age to be eligible to vote?”, “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 (1) and (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 (1) of this section and a place for the elector to assent to the use of the signature for voter registration purposes;

(d) A self-affirmation that the elector is qualified to register and that the information entered by the elector on the electronic application is true; and

(e) A statement that notifies the user of the web site 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 on-line 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.

(8) (a) No later than July 1, 2011, the secretary of state shall make available on the secretary of state’s official web site a link to the department of revenue’s official web site, 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 web site a link to the department of revenue’s official web site, whereby an elector may change his or her address information for state income tax purposes.

 

Editor’s note: Section 34 of chapter 160 (SB 14-161), Session Laws of Colorado 2014, provides that changes to this section by the act apply to elections conducted on or after May 9, 2014.

Cross references: In 2013, subsections (1)(a) and (2), the introductory portion to subsection (3), and subsections (3)(a)(I), (4)(d), (6), (7)(b), and (7)(c) were amended and subsection (4)(c) was repealed by the “Voter Access and Modernized Elections Act”. For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013.

Definition [United States]

Used in the territorial sense, means the several states, the District of Columbia, Puerto Rico, the United States Virgin Islands, and any territory or insular possession subject to the jurisdiction of the United States. C.R.S. § 1-8.3-102.

Definition [State]

A state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. C.R.S. § 1-8.3-102.

Definition [Ballot]

(a) A federal write-in absentee ballot;

(b) A ballot specifically prepared or distributed for use by a covered voter in accordance with this article; or

(c) A ballot cast by a covered voter in accordance with this article.

(2) “Covered voter” means:

(a) A uniformed-service voter defined in paragraph (a) of subsection (9) of this section who is a resident of this state but who is absent from this state by reason of active duty and who otherwise satisfies this state’s voter eligibility requirements;

(b) An overseas voter who, before leaving the United States, was last eligible to vote in this state and, except for a state residency requirement, otherwise satisfies this state’s voter eligibility requirements;

(c) An overseas voter who, before leaving the United States, would have been last eligible to vote in this state had the voter then been of voting age and, except for a state residency requirement, otherwise satisfies this state’s voter eligibility requirements; or

(d) An overseas voter who was born outside the United States, is not described in paragraph (b) or (c) of this subsection (2), and, except for a state residency requirement, otherwise satisfies this state’s voter eligibility requirements if the last place where a parent, legal guardian, spouse, or civil union partner of the voter was, or under this article would have been, eligible to vote before leaving the United States is within this state.

C.R.S. § 1-8.3-102.

Definition [Person]

Any natural person, partnership, committee, association, corporation, labor organization, political party, or other organization or group of persons. Section 2(11) of article XXVIII of the state constitution.

Definition [Election]

Any election under the “Uniform Election Code of 1992” or the “Colorado Municipal Election Code of 1965”, article 10 of title 31, C.R.S. C.R.S. § 1-7.5-103.

Definition [Secretary]

The Colorado secretary of state. C.R.S. § 1-1.5-102.

Regulations & Guidance

Additional Resources

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