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colorado > Colorado Electoral Code > Qualifications And Registration Of Electors

1-2-302.5. Change of Address Search—Rules

Overview of Statute

The secretary of state must perform a monthly change of address search, using the national change of address database administered by the United States postal service, for all electors whose names appear in the statewide voter registration list. The data obtained in the searches must be forwarded monthly to the appropriate county clerk and recorders, who must confirm any results that indicate that an elector has moved permanently. If the elector moved within the county, the county clerk and recorder must mark the elector’s registration record as “Active” and update the elector’s registration record with the elector’s new address and send a confirmation card to the elector’s old address. The county clerk and recorder should leave the new address if the elector returns the confirmation card affirming the new address, the confirmation card is returned as undeliverable, or the confirmation card is not returned.

If an elector moves to another county, the county clerk and recorder must transfer an elector’s information to the appropriate county clerk upon receiving a confirmation card affirming the new address. Electors who appear to have moved out of state should be marked as “Inactive,” and the county clerk and recorder should subsequently send a confirmation card to the new address. The county clerk and recorder must cancel registration records for electors who affirm a move to a new state on a confirmation card. The county clerk and recorder must also cancel an elector’s registration records if the elector fails to return the confirmation card and does not vote in the preceding two general elections. The status of electors who return a confirmation card refuting the move should be changed to “Active.” The county clerk and recorder must also send a confirmation card to any elector who adds or changes a post office box that apprises the elector of his or her place of residence for voting purposes.

Statute

(1) The secretary of state shall conduct a monthly national change of address search, using the national change of address database administered by the United States postal service, for all electors whose names appear in the statewide voter registration list.

(2) (a) The secretary of state shall transmit monthly to the appropriate county clerk and recorders the data obtained from the search conducted under subsection (1) of this section.

(b) If any search of the national change of address database administered by the United States postal service conducted under this section indicates an elector has permanently moved, the county clerk and recorder shall act as follows:

(I) (A) If the search indicates that the elector moved within the county, the county clerk and recorder shall mark the elector’s registration record as “Active” and update the elector’s registration record with the elector’s new address and send a confirmation card in accordance with section 1-2-605 to the elector’s old address.

(B) If the elector returns the confirmation card sent pursuant to sub-subparagraph (A) of this subparagraph (I) and indicates the elector has not moved, the county clerk and recorder shall forthwith correct the elector’s previously updated address in the statewide voter registration database.

(C) If the elector returns the confirmation card affirming the new address, if the confirmation card is returned as undeliverable, or if the elector does not return the confirmation card, the county clerk and recorder shall leave the elector’s new address and status as updated in the registration record pursuant to sub-subparagraph (A) of this subparagraph (I).

(II) (A) If the search indicates that the elector moved to a different county within the state, the county clerk and recorder shall send a confirmation card to the elector’s new address in accordance with section 1-2-605.

(B) If the elector returns the confirmation card and confirms his or her new address, the county clerk and recorder shall forthwith notify the county clerk and recorder of the county to which the elector moved, and the county clerk and recorder of the new county shall forthwith update the elector’s address in the statewide voter registration database.

(C) If the elector returns the confirmation card and indicates that the elector has not moved, or if the elector does not return the confirmation card, the county clerk and recorder may not change the elector’s registration record.

(III) If the search indicates that the elector moved to a different state, the county clerk and recorder shall mark the elector’s registration record “Inactive” and send a confirmation card, in accordance with section 1-2-605, to the elector’s new address and:

(A) If the elector returns the confirmation card and confirms the new address, the county clerk and recorder shall cancel the elector’s registration record in the statewide voter registration database;

(B) If the elector does not return the confirmation card, the elector’s registration record must remain “Inactive”. If the inactive elector subsequently fails to vote in two consecutive general elections, the county clerk and recorder shall cancel the elector’s registration record in accordance with section 1-2-605 (7).

(C) If the elector returns the confirmation card and indicates the elector has not moved, the county clerk and recorder shall immediately correct the elector’s registration record in the statewide voter registration database and mark the voter “Active”.

(c) A county clerk and recorder shall make corrections to address updates made pursuant to a national change of address search upon receiving additional information from the elector.

(3) Repealed.

(4) If any search conducted pursuant to this section indicates that an elector has added or changed a post office box, the county clerk and recorder shall update the elector’s registration record with the new post office box as the elector’s mailing address and send him or her a confirmation card in accordance with section 1-2-605. The card must notify the elector of the change in mailing address and apprise the elector of his or her place of residence for voting purposes.

(5) In addition to the search conducted by the secretary of state pursuant to subsection (1) of this section, a county clerk and recorder may conduct a national change of address search using the national change of address database administered by the United States postal service as frequently as he or she sees fit.

L. 2013: Entire section added, (HB 13-1303), ch. 185, p. 696, § 20, effective May 10.L. 2014: (1), IP(2)(b), (2)(b)(I)(A), and (2)(b)(I)(C) amended; (2)(c), (4), and (5) added; and (3) repealed, (SB 14-161), ch. 160, p. 558, § 7, 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.
Definition [United States]

Used in the territorial sense, means the several states, the District of Columbia, Puerto Rico, the United States Virgin Islands, and any territory or insular possession subject to the jurisdiction of the United States. C.R.S. § 1-8.3-102.

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 [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.

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