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Colorado > Colorado Electoral Code > Qualifications And Registration Of Electors

1-2-218.5. Declaration of affiliation

Overview of Statute

Unless a registrant chooses to change a party affiliation, a registrant’s party affiliation should never be removed from the registration record.

Individuals who do not declare an affiliation will be recorded as “unaffiliated.” Unaffiliated registers may declare a political party affiliation in order to vote in a primary election, or may declare an affiliation at any time permissible to amend a registration.

Statute

(1)  The declaration of affiliation of each registered
elector shall remain as recorded in the registration record until the elector changes or withdraws his or her affiliation.

(2) Any eligible elector who has not declared an affiliation with a political party or political organization must be designated on the registration records of the county clerk and recorder as “unaffiliated”. Any unaffiliated eligible elector may, but is not required to, declare a political party affiliation when the elector desires to vote at a primary election, or the elector may declare his or her political party or political organization affiliation at any other time during which electors are permitted to register by submitting a letter or a form furnished by the county clerk and recorder, by mail, in person, or online in accordance with section 1-2-202.5. An unaffiliated eligible elector need not declare an affiliation to vote in a presidential primary election.

Source: L. 99: Entire section added, p. 158, § 3, effective August 4. L. 2003: (2) amended, p.1308, § 2, effective April 22. L. 2016: (2) amended, (SB 16-142), ch. 173, p. 570, § 14, effective May 18. Initiated 2016: (2) amended, Proposition 107, effective upon proclamation of the Governor, December 27, 2016. See L. 2017, p. 2819; (2) amended, Proposition 108, effective upon proclamation of the Governor, December 27, 2016. See L. 2017, p. 2822.

Editor’s note: (1) (a) Section 84 of chapter 173 (SB 16-142), Session Laws of Colorado 2016, provides that changes to this section by the act apply to elections conducted on or after May 18, 2016.

(b)  Subsection (2), as amended by SB 16-142, is printed below:
1-2-218.5. Declaration of affiliation. (2)  Any eligible elector who has  not declared an affiliation with a political party or political organization must be designated on the registration records of the county clerk and recorder as “unaffiliated”. Any unaffiliated eligible elector may declare a political party affiliation when the elector desires to vote at a primary election or the elector may declare his or her political party or political organization affiliation at any other time during which electors are permitted to register.

(2) The amendments to subsection (2) by SB 16-142 were harmonized with amendments to the subsection in Propositions 107 and 108 approved by the voters November 8, 2016, and effective upon proclamation of the governor on December 27, 2016.

(3) (a)  This section was amended by initiatives in 2016.

(4) (a) Section 7 of Proposition 107 (p. 2820), Session Laws of Colorado 2017, provides that the measure changing this section applies to any presidential primary election conducted after December 27, 2016.

(b) Section 13 of Proposition 108 (p. 2827), Session Laws of Colorado 2017, provides that the measure changing this section applies to any primary election conducted after December 27, 2016.

Cross references:  For the declaration of the people of Colorado in Proposition 107, see section 1 on p. 2815, Session Laws of Colorado 2017. For the declaration of the people of Colorado in Proposition 108, see section 1 on p. 2822, Session Laws of Colorado 2017.

 

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 [Political organization]

Any group of registered electors who, by petition for nomination of an unaffiliated candidate as provided in section 1-4-802, places upon the official general election ballot nominees for public office. C.R.S. § 1-1-104.

 

Alternate Meaning for Art. 45:

 

A political organization defined in section 527 (e) (1) of the federal “Internal Revenue Code of 1986”, as amended, that is engaged in influencing or attempting to influence the selection, nomination, election, or appointment of any individual to any state or local public office in the state and that is exempt, or intends to seek any exemption, from taxation pursuant to section 527 of the internal revenue code. “Political organization” shall not be construed to have the same meaning as “political organization” as defined in section 1-1-104 (24) for purposes of the “Uniform Election Code of 1992”, articles 1 to 13 of this title.

 

C.R.S. § 1-45-103

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 [Section]

A bound compilation of initiative forms approved by the secretary of state, which shall include pages that contain the warning required by section 1-40-110 (1), the ballot title, the abstract required by section 1-40-110 (3), and a copy of the proposed measure; succeeding pages that contain the warning, the ballot title, and ruled lines numbered consecutively for registered electors’ signatures; and a final page that contains the affidavit required by section 1-40-111 (2). Each section shall be consecutively prenumbered by the petitioner prior to circulation.

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.

Case Name: Murphey v. Trott

Citation: 417 P.2d 234

Year: 1966

Case URL: https://www.ravellaw.com/opinions/8f93c3584bf33b964fee310660b33fac

Case Summary: Holding that petitioner had not preserved former party affiliation when he failed to register certificate of registered party affilliation from his former county of residence at time of registration in new county; required twelve months' party affiliation commenced in new county from time he first declared his party affiliation in new county; and petitioner did not meet statutory requirement as party designee for nomination to public office.

Out-of-State Cases

Federal Cases