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colorado > Colorado Electoral Code > Qualifications And Registration Of Electors

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

Overview of Statute

The county clerk and recorder must register any eligible voter who appears in person at its office, including voters from different counties whose registration must be forwarded to the appropriate county. Municipal clerks serve as deputy registrars, and these clerks must deliver new registration records to the office of the county clerk and recorder no later than the tenth day of the month immediately prior to the last month of registration and again on the day following the last day for registration in an election requiring registered electors. If three percent or more of a county’s eligible electors are not fluent in English, the county clerk and recorder must recruit employees capable of communicating with these individuals. This recruitment should be conducted in the media most frequently used by this language minority, and includes the dispersion of voluntarily donated public service notices.

Statute

(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.

 

Source: L. 92: Entire article R&RE, p. 639, § 2, effective January 1, 1993.L. 93: (2) amended, p. 1397, § 14, effective July 1.L. 94: (1) amended, p. 1151, § 6, effective July 1; (1), (2), (3), and (7) amended, p. 1753, § 8, effective January 1, 1995.L. 95: (1), (2), and (7) amended, p. 821, § 7, effective July 1.L. 97: (1), (2), (6), and (7) amended, p. 471, § 3, effective July 1.L. 99: (2) amended, p. 757, § 5, effective May 20.L. 2010: (5) repealed, (HB 10-1116), ch. 194, p. 829, § 1, effective May 5.L. 2013: (7) amended, (HB 13-1303), ch. 185, p. 688, § 9, effective May 10.

 

Editor’s note: (1) This section is similar to former § 1-2-202 as it existed prior to 1992.

(2) Amendments to subsection (1) by House Bill 94-1286 and House Bill 94-1294 were harmonized.

Cross references:(1) For verification of registration sheets and admissibility thereof in evidence in criminal proceedings for election offenses, see § § 1-2-205 (4) and 1-13-207; for questions answered and oath taken by the elector, see § § 1-2-204 and 1-2-205.

(2) In 2013, subsection (7) was amended 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.
 
ANNOTATION
 
I. General Consideration.
II. Registering Qualified Elector.
III. Registering Family Member.
 
I.GENERAL CONSIDERATION.

Annotator’s note. The following annotations include cases decided under former provisions similar to this section.
 
II.REGISTERING QUALIFIED ELECTOR.

The entire purpose of the election law, insofar as it relates to the subject of registration, is to render it impossible to prevent registration on account of political affiliations or preferences. People ex rel. Smith v. Dist. Court, 33 Colo. 22, 78 P. 679 (1904).

Person complying with section is entitled to have name upon registration list. People ex rel. Smith v. Dist. Court, 33 Colo. 22, 78 P. 679 (1904).

And in such instances there is no power to prevent the registration. See People ex rel. Smith v. Dist. Court, 33 Colo. 22, 78 P. 679 (1904).

Nor strike the name from the registration list. See People ex rel. Smith v. Dist. Court, 33 Colo. 16, 78 P. 684 (1904).

However, registration lists are only prima facie evidence that the persons whose names appear thereon are legally qualified to vote, and so, when they present themselves at the polls, they may be challenged. People ex rel. Smith v. Dist. Court, 33 Colo. 22, 78 P. 679 (1904).

Closing registration books 32nd day before election is constitutional. Since the state is entitled to a reasonable time to complete whatever administrative tasks are necessary to prevent fraud, the requirement that registration books be closed after the 32nd day before an election is constitutionally valid. Jarmel v. Putnam, 179 Colo. 215, 499 P.2d 603 (1972) (decided prior to 1992 repeal and reenactment of this article).

But county clerks must register any persons otherwise qualified as electors who are or will be residents of the state for 32 days on the date of the election for which they seek to register. Jarmel v. Putnam, 179 Colo. 215, 499 P.2d 603 (1972) (decided prior to 1992 repeal and reenactment of this article).
 
III.REGISTERING FAMILY MEMBER.

Where individuals are members of a religious order, then, even though they live together in a community, such a community within the meaning of this section is not such a family as to make registration valid. Goss v. Klipfel, 112 Colo. 87, 146 P.2d 217 (1944).
Definition [Election day]

The date either established by law or determined by the governing body of the political subdivision conducting the election, to be the final day on which all ballots are determined to be due, and the date from which all other dates in this article are set.C.R.S. § 1-7.5-103.

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 [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.

Cases

colorado Cases

Case Name: People ex rel. Smith v. District Court of Third Judicial District

Citation: 78 P. 679

Year: 1904

Case PDF: People ex rel. Smith v. District Court of Third Judicial District

Case Summary: Finding that the district court had jurisdiction to direct that election judges place the names of specified persons on the registration lists; it was impossible for the majority members of the registration board to prevent the registration of those persons for whom the minority member vouched; and other provisions of law protected against illegal voting.

Case Name: Jarmel v. Putnam

Citation: 179 Colo. 215, 499 P.2d 603 (1972)

Year: 1972

Case URL: https://www.ravellaw.com/opinions/41b5124eb0cfe58973696db2e60b5ebe

Case Summary: Holding that constitutional article and statute attempting to establish three months durational residency as a condition of the right to vote in nonpresidential elections were unconstitutional under the Fourteenth Amendment.

Out-of-State Cases

Federal Cases