1-2-213.3. Transfer of new voter registration records from department of revenue.

(b)The department of revenue shall continue to offer any person not registered to vote pursuant to subsection (2) of this section an opportunity to register to vote pursuant to section 1-2-213, unless they have provided documentation demonstrating a lack of United States citizenship.

(2)Upon receiving an electronic record for an individual who provided documentation that confirmed his or her citizenship and contains the minimum information to register the individual to vote, the secretary of state shall provide the information to the county clerk and recorder of the county in which the person resides. Upon receipt of a record, the county clerk and recorder shall determine if the record is complete for the purposes of voter registration.

(3)If the record is complete for purposes of voter registration or preregistration, the county clerk and recorder shall send to the person’s address of record, by nonforwardable mail:

(a)If the record is for an eligible elector, notice that the elector has been registered to vote and a postage paid pre-addressed return form by which the elector may:

(I)Decline to be registered as an elector; or

(II)Affiliate with a political party; and

(b)If the record is for a person eligible to preregister under section 1-2-101 (2), notice that the person has been preregistered and will be automatically registered upon turning eighteen years of age, and a postage paid preaddressed return form by which the person may:

(I)Decline to be preregistered; or

(II)Affiliate with a political party.

(4)If the record is not complete, the county clerk and recorder shall send to the person’s address of record, by nonforwardable mail, notice that the person has not been registered or preregistered to vote and stating the additional information required to register or preregister. If the person provides the additional information, the person is registered or preregistered to vote effective as of the date of the person’s application with the department of revenue. If the person does not provide the additional information necessary to make his or her application complete and accurate within twenty-four months after the notification is mailed pursuant to this subsection (4), the person’s registration is cancelled.

(5)A notice mailed under subsection (3) of this section must include an explanation, in both English and Spanish, of the eligibility requirements to register or preregister to vote, and a statement that, if the person is not eligible, the person should decline to register using the preaddressed return form.

(6)The notice provided under subsection (3) of this section must include a statement that, if the person declines to register or preregister to vote, the fact that the person has declined will remain confidential and will be used only for voter registration statistics purposes, and a statement that, if a person remains registered or preregistered to vote, the office at which the person was registered or preregistered will remain confidential and will be used only for voter registration statistics purposes.

(7)(a) (I) If a notice provided under subsections (2) and (3) of this section is returned as undeliverable within twenty days after the county clerk and recorder mails the notice, the person’s registration or preregistration is cancelled and the person is deemed to have never registered or preregistered. If the notice is returned as undeliverable after twenty days after the county clerk and recorder mails the notice, the person’s registration or preregistration is marked inactive.

(II)Notwithstanding subsection (7)(a)(I) of this section, if a person votes in an election after the transfer of the person’s record but before the notice is returned as undeliverable, the person’s registration shall not be cancelled or marked inactive.

(b)If a notice provided under subsection (3) of this section is not returned within twenty days, the person is registered or preregistered as of the date of the person’s application at the department of revenue and the person shall be marked as unaffiliated.

(c)If a person returns the form provided under subsection (3) of this section and declines to be registered or preregistered, including if the person returns the form and both declines to be registered or preregistered and also affiliates with a party, the person’s registration or preregistration is cancelled and the person is deemed to have never registered or preregistered; except that, if the person has voted in an election, the return form is of no effect and the person remains registered as of the date of the person’s application with the department of revenue.

(d)If a person returns the form provided under subsection (3) of this section and affiliates with a party, the person is registered or preregistered as of the date of the person’s application with the department of revenue and the person’s affiliation shall be marked effective as of the date the affiliation information was received.

(e)If a person returns the form without marking either the option to decline or the option to affiliate with a party, the returned form is of no effect. The person is registered or preregistered as of the date of the person’s application with the department of revenue and shall be marked as unaffiliated.

(8)Information relating to the return of a notice form declining to be registered or preregistered shall not be used for any purpose other than voter registration statistics.

(9)This section does not preclude the state from complying with its obligations under the federal “National Voter Registration Act of 1993”, 52 U.S.C. sec. 20501 et seq., as amended; the federal “Voting Rights Act of 1965”, 52 U.S.C. sec. 10101 et seq., as amended; the federal “Help America Vote Act of 2002”, 52 U.S.C. sec. 20901 et seq., as amended; or any other applicable federal laws.