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Colorado > Colorado Electoral Code > Qualifications And Registration Of Electors

1-2-228. Residence – false information – penalty

Statute

Any person who votes by knowingly giving false information regarding the elector’s place of present residence commits a class 6 felony and shall be punished as provided in section 18-1.3-401, C.R.S.

 

Source: L. 92: Entire article R&RE, p. 662, § 2, effective January 1, 1993.L. 2002: Entire section amended, p. 1464, § 4, effective October 1.

 

Editor’s note: This section is similar to former § 1-2-225 as it existed prior to 1992.

Cross references: For the legislative declaration contained in the 2002 act amending this section, see section 1 of chapter 318, Session Laws of Colorado 2002.
 
ANNOTATION

Conduct prohibited by this section is sufficiently distinguishable from misdemeanor election statute to create two separate offenses, avoiding violation of equal protection clause. This section is violated when defendant actually votes by providing false information about present residence. People v. Onesimo Romero, 746 P.2d 534 (Colo. 1987) (decided under former law).
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 v. Onesimo Remeroi

Citation: 746 P.2d 534

Year: 1987

Case URL: https://www.ravellaw.com/opinions/71f4f46baa698f1842a9eb76a882cf88

Case Summary: Directing the trial court to reinstate misdemeanor charges against a defendant for voting in a precinct in which he was not qualified to vote because he resided at an address in a different precinct.

Out-of-State Cases

Federal Cases