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1-7-104. Affidavits of eligibility

Overview of Statute

If a registration list fails to divide registered property owners and electors by precincts or an elector is not included on the list, election officials may permissibly require an elector to submit a signed affidavit affirming that no prior vote has been cast in the election.

Statute

In any election where the list of registered electors and property owners is not divided by precinct or where an elector’s name is not on the list of registered electors or property owners, an affidavit signed by the eligible elector stating that the elector has not previously voted in the election may be required prior to allowing the elector to cast a ballot.

 

Source: L. 92: Entire article R&RE, p. 733, § 9, effective January 1, 1993.L. 93: Entire section amended, p. 1416, § 64, effective July 1.L. 94: Entire section amended, p. 1162, § 33, effective July 1.L. 95: (2) amended, p. 840, § 58, effective July 1.L. 96: Entire section amended, p. 1745, § 40, effective July 1.L. 2013: Entire section amended, (HB 13-1303), ch. 185, p. 718, § 60, effective May 10.

 

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.

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 [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.