1-2-213. Registration at driver’s license examination facilities
Overview of Statute
Local Driver’s License Examination Facilities must provide individuals with the opportunity to register to vote while obtaining, or updating, either a driver’s license or an identification card. The registration procedure will adhere to all relevant statutes, including the required self-affirmations. The voter registration process must utilize all information provided in the application for a driver’s license or idenfication card and cannot require providing duplicative information. However, an applicant will be required to provide a second signature in conjunction with the voter registration application. The Department of Revenue and Secretary of State must also create a form that allows individuals to change the primary address or name used for voter registration purposes while obtaining a new driver’s license or identification card. Administrators at Driver’s License Facilities must forward any forms identifying changes of name or address to the appropriate county clerk or recorder determined by the updated information.
Information concerning an individual’s decision not to register or sign a registration form can only be used for voter registration purposes and otherwise must remain confidential. Employees of the Driver’s License Facility must stamp registration materials with a validation stamp and send them to the county clerk and recorder where the registrant resides. The employees must send these materials on a weekly basis, until the week immediately preceeding a registration deadline when they must send them on a daily basis. Facilities must also notify registrants accepted into the address condientiality program that a substitute address may be used, as defined by C.R.S. 24-30-2103(4), instead of an actual address on a driver’s licenses or identification card.
The county clerk and recorder must ensure that all registration materials are complete upon receipt of an application, and notification must be given to any individual who submits incomplete application materials. Applicants will be deemed registered on the date that the county clerk and recorder receives a completed application.
(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 by use of a form containing the necessary information required by this part 2.
(2) (a) An applicant who wishes to complete an application for registration must read and answer the questions required by section 1-2-204 and shall make the self-affirmation required under section 1-2-205. Each application for registration must bear the following statement: “Warning: It is a class 1 misdemeanor to affirm falsely as to your qualifications to register to vote.”.
(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) 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.
(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 and a change of name and address form, which shall allow an applicant wishing to register to vote to do so by the use of a single form containing the necessary information required by this part 2 and the information required for the issuance, renewal, or correction of the driver’s license or identification card. The forms shall be furnished to the local driver’s license examination facilities by the department of revenue.
(6) Unless the registrant states on the form that the change of address is not for voter registration purposes, any eligible elector who continues to reside in the county where the elector is registered to vote and who informs a driver’s license examination facility of a change of name or address shall 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 driver’s license facility is located. If the elector lives in a different county from the facility, the county clerk and recorder shall forward the change to the county clerk and recorder of the county in which the elector resides. 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.
(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.
Source: L. 92: Entire article R&RE, p. 648, § 2, effective January 1, 1993.L. 93: (1) and (2) amended, p. 1398, § 17, effective July 1.L. 94: (1) amended, p. 2542, § 7, effective January 1, 1995; (2), (4), and (6) amended and (7) added, p. 1756, § 16, effective January 1, 1995.L. 96: (2)(c), (2)(d), and (7) amended, p. 1736, § 13, effective July 1.L. 97: (2)(d) amended, p. 472, § 6, effective July 1.L. 2004: (5) amended, p. 191, § 1, effective August 4.L. 2007: (2)(e) added, p. 1699, § 1, effective July 1.L. 2010: (1) amended, (HB 10-1116), ch. 194, p. 829, § 2, effective May 5.L. 2011: (2)(e) amended, (HB 11-1080), ch. 256, p. 1123, § 4, effective June 2.L. 2013: (2)(e) amended, (HB 13-1300), ch. 316, p. 1661, § 1, effective August 7; (2)(a) amended, (HB 13-1135), ch. 184, p. 678, § 4, effective January 1, 2014.
Editor’s note: This section is similar to former § 1-2-212.5 as it existed prior to 1992.
1. Definition for 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.
2. Definition for 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.
3. Definition for Secretary
The Colorado secretary of state. C.R.S. § 1-1.5-102.