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Colorado > Colorado Electoral Code > Qualifications And Registration Of Electors

1-2-508. Receipt of Voter Registration Applications—Effective Dates—Legislative Intent


Overview of Statute

The county clerk and recorder consider an individual registered if he or she submitted either a driver’s license application, online registration, registration by mail, or registration form at a voter registration agency at least eight days prior to an election. For registration by mail, the registration date will be determined by the postmark date of the application materials or the date that a county clerk and recorder received the application materials if no postmark is used. Likewise, the date that the agency receives an application serves as the registration date for voter agency applications. Registration materials submitted at voter registration drives must be submitted no later than twenty-two days prior to an election. These same standards also apply to any changes made to voter registration in the various methods outlined.

Statute

(1) The county clerk and recorder shall ensure that any eligible applicant is registered to vote in an election if:

(a) In the case of registration with a driver’s license application, the valid voter registration application of the applicant is accepted by a driver’s license examination facility no later than eight days before the date of an election;

(a.5) In the case of registration through the on-line voter registration system established pursuant to section 1-2-202.5, the application is submitted no later than the eighth day before the date of the election;

(b) In the case of registration by mail, the valid voter registration application of the applicant is postmarked not later than eight days before the date of the election;

(c) In the case of registration by mail where the application has no postmark, the date of registration is the date that the application is received;

(d) In the case of registration at a voter registration agency, the valid agency voter registration application of the applicant is accepted at the voter registration agency not later than eight days before the date of the election;

(e) In the case of registration through a voter registration drive, the valid voter registration is submitted no later than twenty-two days before an election; and

(f) In any other case, the valid voter registration application of the applicant is received by the appropriate county clerk and recorder not later than eight days before the date of the election, except as otherwise permitted by section 1-2-217.7.

(2) (a) The effective date of a voter registration application or change of registration that is completed at the office of the county clerk and recorder or in the presence of a deputy registrar is the date received by the office of the county clerk and recorder or by the registrar.

(b) The effective date of an application or change of registration that is completed at a driver’s license examination facility or voter registration agency is the date that the application or change is accepted by the facility or agency.

(c) The effective date of a voter registration application or change of registration that is completed by a mail registration form is the date of the postmark or receipt by the county clerk and recorder, whichever is earlier.

(d) The effective date of a voter registration application or change of registration made at a voter service and polling center pursuant to section 1-2-217.7 is the date that the application is made by the elector.

(3) (a) (I) Notwithstanding the voter registration application deadlines contained in this section and this code, a county clerk and recorder shall accept and process a voter registration application received after the deadlines specified in subsection (1) of this section, including applications received through the on-line voter registration system. Any person who submits a voter registration application within eight days of an election shall be informed that he or she will not receive a mail ballot but may either pick up a ballot in person or vote in person at a voter service and polling center.

(II) It is the general assembly’s intent, in enacting this paragraph (a), to use modern technology to maximize the efficiency of operations at voter service and polling centers by allowing the continuous processing of voter registration applications for eligible persons in accordance with this article.

(b) If a voter has already cast a ballot in an election, and submits an application after casting the ballot, the county clerk and recorder shall defer processing that voter’s application until after the close of the election.

Source: L. 94: Entire part added, p. 1765, § 21, effective January 1, 1995.L. 95: (1) amended and (2) added, p. 826, § 21, effective July 1.L. 97: (1)(c) amended, p. 474, § 13, effective July 1.L. 99: (1)(a) and (1)(c) amended, p. 759, § 13, effective May 20.L. 2013: (1)(a), (1)(b), (1)(d), (1)(e), and (2) amended and (1)(a.5) added, (HB 13-1303), ch. 185, p. 699, § 25, effective May 10.L. 2014: (1)(a), (1)(b), (1)(c), (1)(d), and (1)(e) amended; and (1)(f) and (3) added, (SB 14-161), ch. 160, p. 559, § 10, 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, subsections (1)(a), (1)(b), (1)(d), (1)(e), and (2) were amended and subsection (1)(a.5) 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 [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 [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.

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