1-2-213. Registration at driver’s license examination facilities
Overview of Statute
Local Driver’s License Examination Facilities must provide individuals with the opportunity to register to vote while obtaining, or updating, either a driver’s license or an identification card. The registration procedure will adhere to all relevant statutes, including the required self-affirmations. The voter registration process must utilize all information provided in the application for a driver’s license or idenfication card and cannot require providing duplicative information. However, an applicant will be required to provide a second signature in conjunction with the voter registration application. The Department of Revenue and Secretary of State must also create a form that allows individuals to change the primary address or name used for voter registration purposes while obtaining a new driver’s license or identification card. Administrators at Driver’s License Facilities must forward any forms identifying changes of name or address to the appropriate county clerk or recorder determined by the updated information.
Information concerning an individual’s decision not to register or sign a registration form can only be used for voter registration purposes and otherwise must remain confidential. Employees of the Driver’s License Facility must stamp registration materials with a validation stamp and send them to the county clerk and recorder where the registrant resides. The employees must send these materials on a weekly basis, until the week immediately preceeding a registration deadline when they must send them on a daily basis. Facilities must also notify registrants accepted into the address condientiality program that a substitute address may be used, as defined by C.R.S. 24-30-2103(4), instead of an actual address on a driver’s licenses or identification card.
The county clerk and recorder must ensure that all registration materials are complete upon receipt of an application, and notification must be given to any individual who submits incomplete application materials. Applicants will be deemed registered on the date that the county clerk and recorder receives a completed application.
(1) The department of revenue, through its local driver’s license examination facilities, shall provide each eligible elector who applies for the issuance, renewal, or correction of any type of driver’s license or for an identification card pursuant to part 3 of article 2 of title 42, C.R.S., an opportunity to complete an application to register to vote, which application provides the information required under this part 2.
(2) (a) An applicant who wishes to complete an application for registration must provide the information required by section 1-2-204 with the exception of the information required by section 1-2-204 (2)(f.3). The applicant shall also sign the self-affirmation required by section 1-2-205.
(b) The application for registration shall not require any information that duplicates information required in the driver’s license portion of the form other than a second signature or other information necessary to assure that the applicant meets the eligibility requirements for registration. The application may require only the minimum amount of information necessary to prevent duplicate voter registrations and enable the county clerk and recorder to assess the eligibility of the applicant and to administer voter registration and other parts of the election process.
(c) The application shall include a statement that, if an applicant declines to register to vote, the fact that the applicant has declined to register will remain confidential and will be used only for voter registration statistics purposes, and a statement that, if an applicant does register to vote, the office at which the applicant submits a voter registration application will remain confidential and will be used only for voter registration statistics purposes.
(d) Applications and changes must be forwarded on a weekly basis, or on a daily basis during the last week prior to any election conducted by the county clerk and recorder, to the county clerk and recorder of the county in which the applicant resides.
(e) The department of revenue, through its local driver’s license examination facilities, shall notify a program participant, as defined in section 24-30-2103 (9), C.R.S., who submits a current and valid address confidentiality program authorization card of the provisions of section 24-30-2108 (4), C.R.S., and inform the participant about how he or she may use a substitute address, as defined in section 24-30-2103 (14), C.R.S., on the driver’s license or identification card.
(3) Upon receipt of an application, the county clerk and recorder shall determine if the application is complete. If the application is complete, the applicant shall be deemed registered as of the date of application. If the application is not complete, the county clerk and recorder shall notify the applicant, stating the additional information required. The applicant shall be deemed registered as of the date of application if the additional information is provided at any time prior to the actual voting.
(4) (Deleted by amendment, L. 94, p. 1756, § 16, effective January 1, 1995.)
(5) The department of revenue and the secretary of state shall jointly develop an application form or process, and a change of name and address form or process, that allows an applicant wishing to register to vote to do so without duplicating any information required for the issuance, renewal, or correction of the driver’s license or identification card. Any such forms must be furnished to the local driver’s license examination facilities by the department of revenue.
(6) (a) Any registered elector who informs a driver’s license examination facility of a change of name or address must have notice of the change of name or address forwarded by the driver’s license examination facility to the county clerk and recorder of the county in which the elector resides.
(b) The county clerk and recorder of the county in which the elector resides shall change the registration record of the elector to reflect the change of name and address, mark the registration record as “active”, and send to the elector’s address of record, by forwardable mail, notice of the change and a postage paid pre-addressed return form by which the elector may verify or correct the information.
(c) If the elector returns the form described in subsection (6)(b) of this section and indicates that the change was in error, the appropriate county clerk and recorder shall immediately correct the elector’s previously updated information in the statewidevoter registration database.
(7) No information relating to the failure of an applicant for a driver’s license to sign a voter registration application may be used for any purpose other than voter registration statistics.
Source: L. 92: Entire article R&RE, p. 648, § 2, effective January 1, 1993.L. 93: (1) and (2) amended, p. 1398, § 17, effective July 1.L. 94: (1) amended, p. 2542, § 7, effective January 1, 1995; (2), (4), and (6) amended and (7) added, p. 1756, § 16, effective January 1, 1995.L. 96: (2)(c), (2)(d), and (7) amended, p. 1736, § 13, effective July 1.L. 97: (2)(d) amended, p. 472, § 6, effective July 1.L. 2004: (5) amended, p. 191, § 1, effective August 4.L. 2007: (2)(e) added, p. 1699, § 1, effective July 1.L. 2010: (1) amended, (HB 10-1116), ch. 194, p. 829, § 2, effective May 5.L. 2011: (2)(e) amended, (HB 11-1080), ch. 256, p. 1123, § 4, effective June 2.L. 2013: (2)(e) amended, (HB 13-1300), ch. 316, p. 1661, § 1, effective August 7; (2)(a) amended, (HB 13-1135), ch. 184, p. 678, § 4, effective January 1, 2014. L. 2016: (1), (2)(a), (2)(d), (5), and (6) amended, (SB 16-142), ch. 173, p. 569, § 11, effective May 18. L. 2018: (2)(a) and (6) amended, (SB 18-233), ch. 262, p. 1604, § 5, effective May 29.
Editor’s note: This section is similar to former § 1-2-212.5 as it existed prior to 1992.
1. Definition for Address of record
The elector’s place of residence or the elector’s deliverable mailing address, if different from the elector’s place of residence. C.R.S. § 1-1-104.
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 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.