1-7-110. Preparing to vote in person
Overview of Statute
Upon showing up to vote, electors must sign a signature card containing the individual’s name and address as they appear in the statewide voter registration system in addition to presenting an acceptable form of identification. Election judges must help an elector sign the petition card if asked for assistance from electors unable to sign the card. The signature card will affirm the accuracy of the electors and that the elector has not previously voted in the election. In the event that an elector must submit an affidavit, this affidavit will serve as the elector’s signature card. Additionally, any elector who fails to present valid identification may instead cast a provisional ballot.
Electors who meet the requirements and have been signed in may enter the immediate voting area, but no more than four electors may enter the area when all voting booths are occupied.
(1) (a) When an elector appears in person to vote, a signature card containing the elector’s name and residential address, as they appear in the statewide voter registration system created in section 1-2-301, shall be completed.
(b) Except as provided in subsection (4) of this section, an eligible elector desiring to vote in person shall show his or her identification as defined in section 1-1-104 (19.5), verify the information that appears on the signature card, sign the signature card, and give the signature card to one of the election judges. An eligible elector who is unable to write may request assistance from one of the election judges, who shall also sign the signature card and witness the eligible elector’s mark. The signature card shall provide:
I, …………………, state under penalty of perjury that I am an eligible elector; that my name and sole legal place of residence are as shown on this signature card; and that I have not nor will I cast a ballot by any other means in this election.
(2) If the eligible elector shows his or her identification within the meaning of section 1-1-104 (19.5) and the elector’s name is found on the registration list or, where applicable, the property owner’s list by the election judge in charge, the judge in charge of the pollbook or list shall enter the eligible elector’s name, and the eligible elector shall be allowed to enter the immediate voting area. Besides the election officials, no more than four electors more than the number of voting booths shall be allowed within the immediate voting area at one time.
(2.5) If the elector’s qualification to vote is established by the completion of an affidavit, and if the affidavit contains all of the information required in subsection (1) of this section, then the designated election official shall consider the affidavit the signature card.
(3) The election judges shall return the signed signature cards with other election materials to the designated election official.
(4) An eligible elector who is unable to produce identification may cast a provisional ballot in accordance with article 8.5 of this title.
Source: L. 92: Entire article R&RE, p. 735, § 9, effective January 1, 1993.L. 94: (2.5) added, p. 1163, § 34, effective July 1.L. 2003: (1) and (2) amended and (4) added, p. 1277, § 2, effective April 22.L. 2004: (2) amended, p. 1053, § 5, effective May 21; (2) amended, p. 1357, § 16, effective May 28.L. 2005: (4) amended, p. 1404, § 25, effective June 6; (4) amended, p. 1439, § 25, effective June 6.L. 2007: (1) and (2) amended, p. 1978, § 25, effective August 3.L. 2013: (1) amended, (HB 13-1303), ch. 185, p. 719, § 63, effective May 10.L. 2014: (1), (2.5), and (3) amended, (SB 14-161), ch. 160, p. 561, § 13, effective May 9.
(2) Amendments to subsection (2) by Senate Bill 04-213 and House Bill 04-1227 were harmonized.
Cross references: (1) For the legislative declaration contained in the 2004 act amending subsection (2), see section 1 of chapter 334, Session Laws of Colorado 2004.
(2) In 2013, subsection (1) 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.
The rules define “immediate voting area” as the area that is within six feet of the voting equipment, voting booths, and the ballot box.
1. Definition for Designated election official
The secretary of state, a county clerk and recorder, or other election official as provided by article XXI of the state constitution. C.R.S. § 1-12-100.5.
2. Definition for 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.
3. Definition for 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.
4. Definition for 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.
5. Definition for 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.