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Colorado > Colorado Electoral Code > Qualifications And Registration Of Electors

1-2-605. Canceling Registration—Confirmation Card

Overview of Statute

When communicating by mail to confirm an individual’s registration, county clerk and recorders must use confirmation cards that include at least the individual’s name, address, and precinct number. This confirmation card must be mailed to the mailing address identified on the registration. These cards will also be sent after an individual fails to vote in any general election or if a mail ballot addressed to the individual is returned as undeliverable. Failing to return a confirmation card will not affect an individual’s registration. For any confirmation cards returned as undeliverable, the county clerk and recorders must mark an individual’s registration status as “Inactive.” Inactive voters may still vote in any election so long as all he or she meets all other voting requirements.

An individual labeled as “Inactive” may change his or her status to “Active” by updating registration, voting in an election with the required information, or returning a completed, signed confirmation card to the county clerk and recorder. The county clerk and recorder must cancel the registration of any individual who fails to vote in two consecutive general elections after being identified as “Inactive” without updating or affirming the registration by other means. Lists of canceled voters, containing the names, addresses, precinct numbers, and party affiliations of the electors, will be sent to major party officials within ninety days after each general election.

Statute

(1) (a) Communication by mail from the county clerk and recorder to a registered elector of a county must be in the form of a confirmation card and must include, at a minimum, the elector’s name and address and precinct number. The county clerk and recorder shall mail the card to the elector’s address of record unless the elector has requested that the county clerk and recorder send the card to his or her deliverable mailing address pursuant to section 1-2-204 (2) (k).

(b) If an elector’s confirmation card is returned by the United States postal service as undeliverable, the county clerk and recorder shall mark the elector’s registration record “Inactive”.

(c) If an elector’s confirmation card is not returned to the county clerk and recorder as undeliverable, the county clerk and recorder shall not change the elector’s registration record.

(2) If an active registered elector fails to vote in a general election, the county clerk and recorder shall mail the elector a confirmation card. If the elector returns the confirmation card confirming the elector’s information or if the elector does not return the confirmation card, the elector remains active. If the confirmation card is returned by the United States postal service as undeliverable, the county clerk and recorder shall mark the elector’s registration record “Inactive”.

(3) Any registered elector whose registration record is marked “Inactive” is eligible to vote in any election where registration is required if the elector meets all other requirements.

(4) A county clerk and recorder shall mark an “Inactive” elector’s registration record as “Active” if:

(a) The elector updates his or her registration information; or

(b) The elector votes in an election conducted by a county clerk and recorder or an election for which the registration information has been provided to the clerk and recorder; or

(c) (Deleted by amendment, L. 2013.)

(d) The elector completes, signs, and returns a confirmation card or change of address card.

(5) If an active elector’s mail ballot is returned to the county clerk and recorder by the United States postal service as undeliverable, the county clerk and recorder shall mark the elector’s registration record “Inactive” and send to the elector a confirmation card by which the elector may verify or correct the address information. If the elector verifies that he or she has moved within the state, the county clerk and recorder shall forward the address information to the county clerk and recorder of the county in which the voter resides to update the elector’s registration record with the new address. If the elector verifies that he or she has moved outside the state, the county clerk and recorder shall cancel the elector’s registration record. If the elector fails to respond, the county clerk and recorder shall leave the registration record of that elector marked “Inactive”.

(6) (Deleted by amendment, L. 2013.)

(7) If an elector whose registration record is marked “Inactive” fails to update his or her registration record, fails to respond to any confirmation card, and fails to vote in any election conducted by the county clerk and recorder during the time period that includes two consecutive general elections since the elector’s registration record was marked “Inactive”, the county clerk and recorder shall cancel the elector’s registration record. Nothing in this section allows an elector’s registration record to be canceled solely for failure to vote.

(8) No later than ninety days following any general election, the county clerk and recorder shall furnish to the county chairperson of each major political party a list containing the names, addresses, precinct numbers, and party affiliations of the electors whose registration records were canceled pursuant to this section.

(9) to (11) (Deleted by amendment, L. 2013.)

Source: L. 97: Entire part added with relocations, p. 467, § 1, effective July 1.L. 99: (6)(a), (8), and (10) amended, p. 760, § 14, effective May 20; (1)(a), (5), (6)(b), and (7) amended, p. 279, § 4, effective August 4. L. 2005: (10) amended, p. 1396, § 10, effective June 6; (10) amended, p. 1431, § 10, effective June 6.L. 2007: (1)(a), (4)(c), and (6)(b) amended, p. 1777, § 11, effective June 1.L. 2008: (1)(a)(I) amended, p. 1875, § 1, effective June 2; (2) amended and (11) added, pp. 1742, 1743, § § 1, 3, effective July 1.L. 2009: (5) amended, (HB 09-1216), ch. 165, p. 728, § 2, effective August 5.L. 2010: (7) amended, (HB 10-1116), ch. 194, p. 832, § 8, effective May 5.L. 2012: (6)(b) and (8) amended, (HB 12-1292), ch. 181, p. 678, § 7, effective May 17.L. 2013: Entire section amended, (HB 13-1303), ch. 185, p. 700, § 26, effective May 10.

 

Editor’s note: This section is similar to former § 1-2-224 as it existed prior to 1997.

Cross references: In 2013, this section was amended 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.
 
ANNOTATION

Law reviews. For note, “Purged Voter Lists”, see 44 Den. L.J. 279 (1967).

Annotator’s note. Since § 1-2-605 is similar to § 1-2-224 as it existed prior to the 1997 amendment to article 2 of title 1, which resulted in the relocation of provisions, a relevant case decided under former provisions similar to that section has been included in the annotations to this section.

The provision for purging the registration book does not violate the equal protection clause of amendment 14, U.S. Const. Duprey v. Anderson, 184 Colo. 70, 518 P.2d 807 (1974).

Nor requirements of due process. The requirements of due process of law as set forth in § 25 of art. II, Colo. Const., and in amendment 14, U.S. Const., are not violated by the provision as it applies to persons whose names have been removed from the registration books. Duprey v. Anderson, 184 Colo. 70, 518 P.2d 807 (1974).

Purging procedure does not result in an invidious discrimination between qualified registered electors who exercise their right to vote in general elections and qualified registered electors who do not vote. Duprey v. Anderson, 184 Colo. 70, 518 P.2d 807 (1974).

Purging registration book is exclusively an administrative adjunct which is necessary in order to provide for the purity of elections and to guard against abuses. Duprey v. Anderson, 184 Colo. 70, 518 P.2d 807 (1974).

Prevention of fraud and other abuses is state interest in purging books. Any person who does not reregister may be presumed to be deceased, to have moved and registered at a new address, or to have no desire to vote at a forthcoming election. Thus, the election list becomes more authentic and is not as susceptible to fraudulent voting practices or other abuses of the franchise. This is the legitimate state interest involved in the purging procedure. Duprey v. Anderson, 184 Colo. 70, 518 P.2d 807 (1974).

Qualified electors whose names were purged from registration books were in no way barred from voting, for to vote, they are merely required to reregister. Duprey v. Anderson, 184 Colo. 70, 518 P.2d 807 (1974).
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 [Political party]

Any group of registered electors who, by petition or assembly, nominate candidates for the official general election ballot. “Political party” includes affiliated party organizations at the state, county, and election district levels, and all such affiliates are considered to be a single entity for the purposes of this article, except as otherwise provided in section 7. Section 2(13) of article XXVIII of the state constitution.

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 [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: Duprey v. Anderson

Citation: 518 P.2d 807

Year: 1974

Case URL: https://www.ravellaw.com/opinions/a4be64c692bff0b65d6d7a3bc6a52415

Case Summary: Holding that state statute purging from registration books names of registered electors who did not vote in general election was constitutional, because it imposed an administrative process designed to facilitate participation in the election process.

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