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colorado > Colorado Electoral Code > Qualifications And Registration Of Electors

1-2-222. Errors in recording of affiliation

Overview of Statute

If an eligible voter believes a mistake has been made regarding his or her recorded party affiliation, the voter may effectuate a change in party affiliation at any polling place by submitting a signed affidavit that attests to the believed recording error. Election judges and the county clerk and recorder may administer the required oath and authorize the changes requested in the voter’s submitted affidavit.

For purposes of determining either a candidate’s or individual’s eligibility to vote or sign a petition at any precinct caucus, assembly, or convention, the date of the declaration containing the believed erroneously recorded affiliation, as identified in the affidavit, serves as the date of the voter’s party affiliation.

Statute

(1) If an elector goes to the elector’s legal voting place to vote at any primary election or to the office of the county clerk and recorder and contends that an error has been made in the recording of the elector’s affiliation on the registration book or that the affiliation has been unlawfully changed or withdrawn, the election judges or the county clerk and recorder shall allow the elector to make and sign an affidavit, which shall be substantially in the form provided in subsection (4) of this section. Any election judge or the county clerk and recorder has authority to administer the oath and take the acknowledgment of the elector’s affidavit. When the affidavit is completed, the county clerk and recorder shall make the change as specified in the affidavit using the date of the affidavit as the new affiliation date.

(2) (Deleted by amendment, L. 99, p. 159, § 5, effective August 4, 1999.)

(3) For the purposes of determining the eligibility of candidates for nomination in accordance with sections 1-4-601 (4) (a) and 1-4-801 (4), the eligibility of persons to vote at any precinct caucus, assembly, or convention in accordance with section 1-3-101, or the eligibility of persons to sign petitions in accordance with section 1-4-801 (2), the date of declaration of the party affiliation of the elector shall be the date of the declaration which the elector alleges by affidavit to have been erroneously recorded or unlawfully changed or withdrawn.

(4) Printed affidavit forms shall be furnished to the election judges of the various election precincts. The affidavit form shall be substantially as follows:

STATE OF COLORADO)

) ss.

County of …………………………………………………..)

I, ……………….., believing an error has been made as to the recording of my party affiliation, or a change unlawfully made, or a withdrawal unlawfully made on the registration book of precinct ……. in ………………. County, do solemnly swear, or affirm, that the party affiliation as now shown on the registration book is an error, or has been unlawfully changed, or has been unlawfully withdrawn and that my correct party affiliation should be ………………. instead of ………………. and request that the party affiliation be corrected on the registration book. My correct affiliation was made on or before ………………. (date) at ………………. (place).

Dated ……………….

Signed ……………….

Subscribed and sworn to before me this ………. day of ……………, 20…

………………………………………………………..

Election Judge or County Clerk

Precinct ……………………………………………

County ……………………………………………..

 

Source: L. 92: Entire article R&RE, p. 654, § 2, effective January 1, 1993.L. 93: (3) amended, p. 1765, § 1, effective June 6.L. 99: (1) and (2) amended, p. 159, § 5, effective August 4.

 

Editor’s note: This section is similar to former § 1-2-220 as it existed prior to 1992.

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 [Candidate]

Any person who seeks nomination or election to any state or local public office that is to be voted on in this state at any primary election, general election, school district election, special district election, or municipal election. “Candidate” also includes a judge or justice of any court of record who seeks to be retained in office pursuant to the provisions of section 25 of article VI. A person is a candidate for election if the person has publicly announced an intention to seek election to public office or retention of a judicial office and thereafter has received a contribution or made an expenditure in support of the candidacy. A person remains a candidate for purposes of this article so long as the candidate maintains a registered candidate committee. A person who maintains a candidate committee after an election cycle, but who has not publicly announced an intention to seek election to public office in the next or any subsequent election cycle, is a candidate for purposes of this article. Section 2(2) of article XXVIII of the state constitution.