1-2-203. Registration on Indian reservations
Overview of Statute
The secretary for any tribal council of an Indian tribe located on a federal reservation, without a municipality, serves as a deputy registrar for registration in the county where the reservation is located. Individuals must register in the tribal council headquarters, in accordance with the provisions regulating the offices of any county clerk and recorder. The secretary of the tribal council must forward the registration records to the county clerk and recorder office no later than the fifteenth day of each month or in person on the day after the last day for registration in an election that requires registered electors.
Statute
(1) The secretary or secretary’s designee of any tribal council of an Indian tribe located on a federal reservation serves as a deputy registrar only for registration purposes for the county in which the reservation is located. The secretary of the tribal council or the secretary’s designee shall register any eligible elector residing in any precinct in the county who provides a complete voter registration application to the secretary of the tribal council at any time during which registration is permitted in the office of the county clerk and recorder. The secretary of the tribal council shall forward the registration records to the county clerk and recorder, either in person or by certified mail, on or before the fifteenth day of each month; except that, within twenty-two days before an election, the secretary of the tribal council shall appear in person or transmit daily to deliver any registration records to the county clerk and recorder. Within eight days before an election, the secretary of the tribal council shall accept an application and inform the applicant that he or she must go to a voter service and polling center in order to vote in that election.
(2) An eligible elector who lives on an Indian reservation, but who does not have a residence address recognized by the United States postal service, may register to vote using, as his or her residence address, the address of the tribal council headquarters or any other address approved by the secretary of the tribal council.
Source: L. 92: Entire article R&RE, p. 640, § 2, effective January 1, 1993.L. 93: Entire section amended, p. 1398, § 15, effective July 1. L. 2016: Entire section amended, (SB 16-142), ch. 173, p. 568, § 9, effective May 18.L. 2019: Entire section amended, (HB 19-1278), ch. 326, p. 3006, § 5, effective August 2.
ANNOTATION
Annotator’s note. The following annotations are taken from a case decided under former provisions similar to this section.
Provisions not mandatory. To treat all of the provisions of this statute as mandatory so as to deprive those who attempt to register would provide an unequal application of the statute and an inconsistency not warranted by any express language in the enactment. Meyer v. Putnam, 186 Colo. 132, 526 P.2d 139 (1974).
Obtaining social security numbers from vast majority of voters is only directory. Meyer v. Putnam, 186 Colo. 132, 526 P.2d 139 (1974).
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- Cross-References:
- Voter Registration
1. Definition for 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.
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 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.
4. 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.
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.
6. Definition for Secretary
The Colorado secretary of state. C.R.S. § 1-1.5-102.
Cases
Colorado Cases
Case Name: Meyer v. Putnam
Citation: 526 P.2d 139
Year: 1974
Case URL: https://www.ravellaw.com/opinions/32f3d874d2ee6454af0c843e54727a7a
Case Summary: Striking down a statute that required providing a social security number when registering to vote. The requirement did not adequately protect against voter fraud.