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Colorado > Colorado Electoral Code > Qualifications And Registration Of Electors

1-2-218. Change of name

Overview of Statute

Following a change of name by any legal means, individuals may change the name used in the registration book by submitting a form in-person at a county clerk and recorder, submitting a form to an election law judge on election day, or by mailing a personal letter to the county clerk and recorder. Personalized letter sent to the county clerk and recorder must include the registrant’s former legal name, printed present legal name, birth date, last four digits of the registrant’s social security number (upon the registrant’s discretion), and signature of current legal name with the date. Only registrants can submit a name change.

Statute

(1) Any eligible elector who has been registered in the county and who subsequently has had a name change by any legal means may have his or her name changed on the registration book by:

(a) Appearing before the county clerk and recorder or at a voter service and polling center at any time during which registration at those locations is permitted and submitting the change on forms prescribed by the secretary of state;

(b) Sending a personal letter received by the county clerk and recorder at any time during which registration is permitted; or

(c) Completing and submitting, on election day, to an election judge forms prescribed by the secretary of state.

(2) The prescribed form or personal letter for the change must include the elector’s printed former legal name, printed present legal name, birth date, last four digits of the elector’s social security number, if the elector wishes to state them, and signature of present legal name and the date. Prescribed forms shall be furnished by the county clerk and recorder upon oral or written request by the elector.

(3) A name change shall not be made by anyone other than the elector

 

Source: L. 92: Entire article R&RE, p. 652, § 2, effective January 1, 1993.L. 93: Entire section amended, p. 1400, § 20, effective July 1.L. 2013: Entire section amended, (HB 13-1303), ch. 185, p. 695, § 17, effective May 10.

 

Editor’s note: This section is similar to former § 1-2-216 as it existed prior to 1992.

Cross references: In 2013, this section 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

Annotator’s note. The following annotations are taken from cases decided under former provisions similar to this section.

The pertinent sections concerning the transfer of party affiliation from one county to another are § § 1-14-104 and 1-14-105 (now § § 1-2-218 and 1-2-219). Murphey v. Trott, 160 Colo. 336, 417 P.2d 234 (1966).

And § 1-14-104 (now § 1-2-218) provides that unless the procedure of § 1-14-105 (now § 1-2-219) is followed, an elector moving from one county to another shall lose his party affiliation. Murphey v. Trott, 160 Colo. 336, 417 P.2d 234 (1966).

Provision of section constitutional. Provision in this section that a registered elector shall lose his party affiliation “by his failure to vote at any general election” is constitutional. Duprey v. Anderson, 184 Colo. 70, 518 P.2d 807 (1974).

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.

Definition [Secretary]

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

Cases

Colorado Cases

Out-of-State Cases

Case State: colorado

Case Name: Murphey v. Trott

Citation: 417 P.2d 234

Year: 1966

Case URL: https://www.ravellaw.com/opinions/8f93c3584bf33b964fee310660b33fac

Case Summary: Holding that petitioner had not preserved former party affiliation when he failed to register certificate of registered party affilliation from his former county of residence at time of registration in new county; required twelve months' party affiliation commenced in new county from time he first declared his party affiliation in new county; and petitioner did not meet statutory requirement as party designee for nomination to public office.

Case State: colorado

Case Name: Duprey v. Anderson

Citation: 518 P.2d 807

Year: 1974

Case URL: https://www.ravellaw.com/opinions/a4be64c692bff0b65d6d7a3bc6a52415

Case Summary: Holding that state statute purging from registration books names of registered electors who did not vote in general election was constitutional, because it imposed an administrative process designed to facilitate participation in the election process.

Federal Cases