Topics
Code Section
colorado > Colorado Electoral Code > Qualifications And Registration Of Electors

1-2-301. Centralized Statewide Registration System—Secretary of State to Maintain Computerized Statewide Voter Registration List—County Computer Records—Agreement to Match Information

Overview of Statute

By January 1, 2006, the secretary of state must implement, and thereafter maintain, a computerized statewide voter registration system containing the name and registration information of every legally registered voter in the state. The system must assign a unique identifier to each legally registered voter and comply with all applicable requirements outlined in section 303 of the federal “Help America Vote Act of 2002.” In addition, this system may also provide additional capabilities to enable election officials to more effectively carry out the responsibilities related to conducting elections. These capabilities may include the preparation of ballots, the identification of voting districts for each address, access to the master list of registered electors by county clerk and recorders as well as other transmission of data. The system must also allow county clerk and recorders to access digitized signatures of electors in order to help verify the legitimacy of signatures on the return envelope of a mail ballot.

Likewise, the Department of State must fund the cost of acquiring computer hardware and necessary training for the system, as well as provide necessary software for the system to all county clerk and recorders free of charge. The master list of registered voters must be accessible online for all county clerk and recorders.

Statute

(1) No later than January 1, 2006, the secretary of state shall implement, in a uniform and nondiscriminatory manner, a single, uniform, official, centralized, interactive, computerized statewide voter registration system defined, maintained, and administered at the state level, which system shall contain a computerized statewide voter registration list maintained by the secretary of state that contains the name and registration information of every legally registered voter in the state and that assigns a unique identifier to each legally registered voter. The single, uniform, official, centralized, interactive, computerized statewide voter registration system required by this subsection (1) shall be referred to in this part 3 as the “centralized statewide registration system”. The centralized statewide registration system shall replace the voter registration and election management that was required to be developed or acquired prior to May 22, 2003. On or before January 1, 2006, the centralized statewide registration system and the computerized statewide voter registration list shall be fully compliant with all applicable requirements specified in section 303 of the federal “Help America Vote Act of 2002”, Pub.L. 107-252, codified at 42 U.S.C. sec. 15301 et seq.

(2) (a) On and after January 1, 2006, the county clerk and recorder of each county shall maintain voter registration information by utilizing the centralized statewide registration system developed or acquired by the department of state under subsection (1) of this section. Prior to the implementation of the computerized statewide voter registration list required by subsection (1) of this section, if the county chooses to maintain voter registration information on its own computer system, the information required by law to be transmitted to the secretary of state shall be transmitted in a media format acceptable to the secretary of state and within the time prescribed by the secretary of state, by this section, and by section 1-2-302.

(b) Repealed.

(3) (Deleted by amendment, L. 2001, p. 514, § 1, effective January 1, 2002.)

(4) (a) (I) (Deleted by amendment, L. 2003, p. 2073, § 9, effective May 22, 2003.)

(II) The centralized statewide registration system shall enable county clerk and recorders to maintain voter registration information and shall include such additional capabilities as may be necessary or desirable to enable county clerk and recorders and the secretary of state to carry out their responsibilities related to the conduct of elections. Such additional capabilities may include but need not be limited to the preparation of ballots, the identification of voting districts for each address, access by county clerk and recorders to the master list of registered electors and, on or after January 1, 2006, the computerized statewide voter registration list maintained pursuant to this section and section 1-2-302, the management of mail ballots, the preparation of official abstracts of votes cast, the transmission of voting data from county clerk and recorders to the secretary of state, and reporting of voting results on election night. County clerk and recorders shall have access to the digitized signatures of electors in the centralized statewide registration system for the purpose of comparing an elector’s signature in the system with the signature on the return envelope of a mail ballot, including by using a signature verification device in accordance with section 1-7.5-107.3 (5).

(III) Subject to available appropriations, the department of state is responsible for the cost of acquiring computer hardware and providing necessary training for the centralized statewide registration system. The secretary of state shall promulgate rules specifying whether such hardware is owned by the department or the counties or whether and to what extent ownership may be shared between the department and the counties. If the department provides system hardware to any county clerk and recorder, it may transfer ownership of the hardware to that clerk and recorder. The secretary of state may promulgate rules providing that the county clerk and recorders shall be solely responsible for the support and maintenance of the hardware provided to the counties. On or after January 1, 2006, the department shall make the centralized statewide registration system software available at no charge to the clerk and recorder of each county.

(b) As soon as practicable, the department of state shall make the master list of registered electors available at no charge on the internet to the county clerk and recorders. This paragraph (b) shall not be construed to require the department to provide or pay for internet connection services for any county.

(c) (Deleted by amendment, L. 2003, p. 2073, § 9, effective May 22, 2003.)

L. 92: Entire article R&RE, p. 662, § 2, effective January 1, 1993.L. 93: (3) added, p. 2039, § 1, effective July 1.L. 94: (2) amended, p. 1152, § 10, effective July 1; (3) amended, p. 2542, § 8, effective January 1, 1995.L. 95: (2) amended, p. 179, § 2, effective April 7.L. 97: (1) and (2)(b) amended, p. 474, § 10, effective July 1.L. 99: (2)(b) amended, p. 759, § 11, effective May 20.L. 2000: (1) amended, p. 1758, § 2, effective January 1, 2001.L. 2001: (4) added, p. 515, § 2, effective May 18; (2)(a) and (3) amended, p. 514, § 1, effective January 1, 2002.L. 2003: (1), (2)(a), and (4) amended, p. 2073, § 9, effective May 22.L. 2005: (1) amended, p. 758, § 1, effective June 1.L. 2007: (4)(a)(II) amended, p. 1776, § 7, effective June 1.L. 2008: (4)(a)(II) amended, p. 356, § 1, effective April 10.L. 2009: (2)(b) repealed, (HB 09-1018), ch. 158, p. 682, § 2, effective August 5.L. 2014: (4)(a)(II) amended, (HB 14-1164), ch. 2, p. 72, § 35, effective February 18.

 

Editor’s note: Articles 1 to 13 were numbered as articles 1, 3, 4, 9 to 19, and 21 of chapter 49, C.R.S. 1963. The substantive provisions of these articles were repealed and reenacted in 1980, resulting in the addition, relocation, and elimination of sections as well as subject matter. For amendments to these articles prior to 1980, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume. Former C.R.S. numbers prior to 1980 are shown in editor’s notes following those sections that were relocated. For a detailed comparison of these articles for 1980, see the comparative tables located in the back of the index.

Cross references: For school elections, see articles 30, 31, and 42 of title 22; for elections for removal of county seats, see article 8 of title 30; for municipal elections, see article 10 of title 31; for special district elections, see part 8 of article 1 of title 32; for exemption of certain statutory proceedings from the rules of civil procedure, see C.R.C.P. 81; for recall from office, see article XXI of the state constitution; for recall of state and county officers, see part 1 of article 12 of this title; for recall of municipal officers, see part 5 of article 4 of title 31; for recall of directors of special districts, see § § 32-1-906, 32-1-907.


Editor’s note: Articles 1 to 13 were repealed and reenacted in 1980, and this article was subsequently repealed and reenacted in 1992, resulting in the addition, relocation, and elimination of sections as well as subject matter. For amendments to this article prior to 1992, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume and the editor’s note following the title heading. Former C.R.S. section numbers are shown in editor’s notes following those sections that were relocated in 1992. For a detailed comparison of this article for 1980 and 1992, see the comparative tables located in the back of the index.

Cross references: For election offenses relating to qualifications and registration of electors, see part 2 of article 13 of this title.

Editor’s note: This section is similar to former § 1-2-301 as said section existed prior to 1992.

Cross references: For the legislative declaration in HB 14-1164, see section 1 of chapter 2, Session Laws of Colorado 2014.
Definition [Return envelope]

An envelope that is printed with spaces for the name and address of, and a self-affirmation to be signed by, an eligible elector voting in a mail ballot election, that contains a secrecy envelope and ballot for the elector, and that is designed to allow election officials, upon examining the signature, name, and address on the outside of the envelope, to determine whether the enclosed ballot is being submitted by an eligible elector who has not previously voted in that particular election. 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 [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.

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.

Regulations & Guidance