1-2-228. Residence – false information – penalty
Overview of Statute
The falsification of information regarding an elector’s present place of residence shall result in criminal penalitites.
Any person who votes by knowingly giving false information regarding the elector’s place of present residence commits a class 6 felony and shall be punished as provided in section 18-1.3-401, C.R.S.
Source: L. 92: Entire article R&RE, p. 662, § 2, effective January 1, 1993. L. 2002: Entire section amended, p. 1464, § 4, effective October 1.
Editor’s note: This section is similar to former § 1-2-225 as it existed prior to 1992.
Cross references: For the legislative declaration contained in the 2002 act amending this section, see section 1 of chapter 318, Session Laws of Colorado 2002.
Conduct prohibited by this section is sufficiently distinguishable from misdemeanor election statute to create two separate offenses, avoiding violation of equal protection clause. This section is violated when defendant actually votes by providing false information about present residence. People v. Onesimo Romero, 746 P.2d 534 (Colo. 1987) (decided under former law).
Prior civil proceeding, involving defendant’s petition to require that he be certified as candidate for state senate on primary election ballot, did not involve “election contest” and, therefore, defendant’s testimony at civil action concerning his residence could be admitted in prosecution for voting in election by providing false information about residence, without violating constitutional provision involving use of incriminating testimony given in trial of contested election. People v. Onesimo Romero, 746 P.2d 534 (Colo. 1987) (decided under former law).
- Election Offenses & Judicial Proceedings
- Offenses & Penalties
- Registration Requirements
- Voter Registration
1. 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.
2. Definition for 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.
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 Candidate
Any person who seeks nomination or election to any state or local public office that is to be voted on in this state at any primary election, general election, school district election, special district election, or municipal election. “Candidate” also includes a judge or justice of any court of record who seeks to be retained in office pursuant to the provisions of section 25 of article VI. A person is a candidate for election if the person has publicly announced an intention to seek election to public office or retention of a judicial office and thereafter has received a contribution or made an expenditure in support of the candidacy. A person remains a candidate for purposes of this article so long as the candidate maintains a registered candidate committee. A person who maintains a candidate committee after an election cycle, but who has not publicly announced an intention to seek election to public office in the next or any subsequent election cycle, is a candidate for purposes of this article. Section 2(2) of article XXVIII of the state constitution.
Case Name: People v. Onesimo Remeroi
Citation: 746 P.2d 534
Case Summary: Directing the trial court to reinstate misdemeanor charges against a defendant for voting in a precinct in which he was not qualified to vote because he resided at an address in a different precinct.