1-2-217.7. Registration on or Immediately Prior to Election Day—Locations—Rules—Legislative Declaration
Overview of Statute
In an effort to remove barriers to voting participation, the legislature will allow voters to register, and update registration, on any day prior to an election including on election day. Voters initially registering in the state, or changing an address used for registration, may vote at any polling center in the county where the voter registered.
For general elections, voters must register at voter service and polling centers, as designated by the county clerk and recorder, if registering within the last fifteen days immediately prior to an election. Voters can still register by mail, online, at local driver’s license examination facility, or at the voter registration agency up until the eighth day immediately prior to an election for all other elections conducted by the county clerk and recorder. If within eight days prior to a non-general election, voters may only register in-person at voter service and polling centers. Voter registration applications must be processed according to C.R.S. § 1–2–508(3), which regulates how the county clerk and recorder must process the voter registration applications it receives. Regulations affecting voter registration also apply to voter registration applications submitted according to these provisions. In accordance with the other provisions of this section, the secretary of state must provide procedures to enable the expedited processing of any change to voter registration.
(1) The general assembly hereby declares that the intent of this section is to remove barriers to participation in the political process and make voting and registration more convenient and accessible so all citizens who want to vote have the opportunity to exercise their right to vote by allowing such persons to register to vote up to and on election day.
(2) Notwithstanding any other provision of law, an elector who is not registered to vote in Colorado or who is registered to vote in Colorado but has moved within the state and needs to make a change of address may register or update his or her address immediately prior to and on election day in accordance with this section and rules adopted pursuant to this section. Upon so registering or updating his or her information, the elector is entitled to vote at any voter service and polling center in the county where the elector registered.
(3) Timing. Voter registration within the twenty-two days prior to an election must be conducted:
(a) (I) For general elections, from the fifteenth day prior to and including election day, at locations designated as voter service and polling centers by county clerk and recorders pursuant to section 1-5-102.9; or
(II) For all other elections conducted or coordinated by a county clerk and recorder or for which a county clerk and recorder is the designated election official, from the eighth day prior to and including election day, at locations designated as voter service and polling centers by county clerk and recorders pursuant to section 1-7.5-107;
(b) By county clerk and recorders, or their designees who have received such specific training or instruction as may be provided or prescribed by the secretary of state, at the offices of the county clerk and recorders at any time during which registration is permitted at such offices; and
(c) Through the eighth day prior to election day, via mail application, voter registration agency, local driver’s license examination facility, or the on-line voter registration system established pursuant to section 1-2-202.5.
(3.5) Notwithstanding the deadlines specified in subsection (3) of this section, voter registration applications must be processed pursuant to section 1-2-508 (3).
(4) Registration at voter service and polling centers. (a) An elector may register and vote prior to an election or on election day if the elector:
(I) Appears in person at a voter service and polling center in the county in which the elector resides at a time when that voter service and polling center is open;
(II) Completes and signs a voter registration application in the form prescribed by the secretary of state by rule, which application must include the questions contained in section 1-2-204 (1) and (2);
(III) Completes and signs the self-affirmation specified in section 1-2-205; and
(IV) Completes and signs the affidavit described in paragraph (b) of this subsection (4).
(b) In addition to executing the self-affirmation required under section 1-2-205 (2), an elector registering to vote under this section shall complete and sign a voter registration affidavit, in a form prescribed by the secretary of state, that contains the following oath:
I, ………., hereby certify under penalty of perjury that, to the best of my knowledge, I have not, nor will I, cast more than one ballot in this election.
(5) Change of residence at voter service and polling centers. In accordance with section 1-2-216 (4), a registered elector who has moved within the state may update his or her residence by appearing at a voter service and polling center in the elector’s county of residence when the voter service and polling center is open. The elector may then vote at the voter service and polling center where the elector updated his or her information.
(6) As soon as practicable, a county clerk and recorder shall access the statewide voter registration list maintained pursuant to section 1-2-301 (1) to add or update voter registration information when an elector registers or updates his or her information pursuant to this section. The secretary of state shall prescribe procedures to enable such additions or updates to be accomplished on an expedited basis.
(7) The secretary of state shall promulgate rules in accordance with article 4 of title 24, C.R.S., as may be necessary to implement this section.
Source: L. 2013: Entire section added, (HB 13-1303), ch. 185, p. 693, § 16, effective May 10.L. 2014: (3)(a) and (3)(c) amended and (3.5) added, (SB 14-161), ch. 160, p. 557, § 6, effective May 9.
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, this section was added 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.
1. Definition for 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.
2. Definition for Designated election official
The secretary of state, a county clerk and recorder, or other election official as provided by article XXI of the state constitution. C.R.S. § 1-12-100.5.
3. 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.
4. Definition for 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.
5. Definition for 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.
6. 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.
7. Definition for Secretary
The Colorado secretary of state. C.R.S. § 1-1.5-102.