1-2-218. Change of name
Overview of Statute
Following a change of name by any legal means, individuals may change the name used in the registration book by submitting a form in-person at a county clerk and recorder, submitting a form to an election law judge on election day, or by mailing a personal letter to the county clerk and recorder. Personalized letter sent to the county clerk and recorder must include the registrant’s former legal name, printed present legal name, birth date, last four digits of the registrant’s social security number (upon the registrant’s discretion), and signature of current legal name with the date. Only registrants can submit a name change.
(1) Any eligible elector who has been registered in the county and who subsequently has had a name change by any legal means may have his or her name changed in the statewide voter registration system by:
(a) Appearing before the county clerk and recorder or at a voter service and polling center at any time during which registration at those locations is permitted and submitting the change on forms prescribed by the secretary of state;
(b) Sending a personal letter received by the county clerk and recorder at any time during which
registration is permitted; or
(c) Completing and submitting, on election day, to an election judge forms prescribed by the secretary of state.
(2) The prescribed form or personal letter for the change must include the elector’s printed former legal name, printed present legal name, birth date, last four digits of the elector’s social security number, if the elector wishes to state them, and signature of present legal name and the date. Prescribed forms shall be furnished by the county clerk and recorder upon oral or written request by the elector.
(3) A name change shall not be made by anyone other than the elector.
Source: L. 92: Entire article R&RE, p. 652, § 2, effective January 1, 1993. L. 93: Entire section amended, p. 1400, § 20, effective July 1. L. 2013: Entire section amended, (HB 13-1303), ch. 185, p. 695, § 17, effective May 10. L. 2016: IP(1) amended, (SB 16-142), ch. 173, p. 570, § 13, effective May 18.
Editor’s note: This section is similar to former § 1-2-216 as it existed prior to 1992.
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; Voter service and polling centers, see § 1-5-102.9.
Annotator’s note. The following annotations are taken from cases decided under former provisions similar to this section.
The pertinent sections concerning the transfer of party affiliation from one county to another are § § 1-14-104 and 1-14-105 (now § § 1-2-218 and 1-2-219). Murphey v. Trott, 160 Colo. 336, 417 P.2d 234 (1966).
And § 1-14-104 (now § 1-2-218) provides that unless the procedure of § 1-14-105 (now § 1-2-219) is followed, an elector moving from one county to another shall lose his party affiliation. Murphey v. Trott, 160 Colo. 336, 417 P.2d 234 (1966).
Provision of section constitutional. Provision in this section that a registered elector shall lose his party affiliation “by his failure to vote at any general election” is constitutional. Duprey v. Anderson, 184 Colo. 70, 518 P.2d 807 (1974).
1. Definition for Election day
The date either established by law or determined by the governing body of the political subdivision conducting the election, to be the final day on which all ballots are determined to be due, and the date from which all other dates in this article are set.C.R.S. § 1-7.5-103.
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 Title
A brief statement that fairly and accurately represents the true intent and meaning of the proposed text of the initiative.
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 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.
6. 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.
7. Definition for Secretary
The Colorado secretary of state. C.R.S. § 1-1.5-102.
Case Name: Murphey v. Trott
Citation: 417 P.2d 234
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.
Case Name: Duprey v. Anderson
Citation: 518 P.2d 807
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.