1-2-501. Form for mail and agency registration–procedures for registration by mail for first-time electors–additional identifying information to be provided by first-time registrants
Overview of Statute
The secretary of state, in coordination with the federal election assistance commission, must develop an application form for registration by mail, registration at voter registration agencies, and change of address. This form can only include the identifying information necessary, including the eligibility requirements and a signature, to allow the county clerk and recorder to determine an applicant’s eligibility. The form must also include information about the identification requirements, as articulated in C.R.S. § 1-1-104(19.5), for an applicant’s registration by mail if a first-time voter in the county or state.
Should an individual fail to provide a copy of identification with a registration application, the individual must instead provide a copy of identification with a mail-in or absentee ballot. Lastly, the form must include information pertaining to the procedure for returning an incomplete voter registration form, the confidentiality requirements for abstaining from registration, and the penalty for submitting a false registration application.
(1) The secretary of state, in consultation with the federal election assistance commission, shall develop an application form that may be used for mail voter registration, voter registration at voter registration agencies, and voter change of address. The form developed must:
(a) Require only such identifying information, including the signature of the applicant and other information such as data relating to previous registration by the applicant, as is necessary to enable the appropriate county clerk and recorder to assess the eligibility of the applicant and to administer voter registration and other parts of the election process;
(b) Include a statement that:
(I) Specifies each eligibility requirement, including citizenship;
(II) Contains an affirmation that the applicant meets each requirement; and
(III) Requires the signature of the applicant, under penalty of perjury; (b.5) (I) Include:
(A) The question: “Are you a citizen of the United States of America?” and boxes for the applicant to indicate whether the applicant is or is not a citizen of the United States;
(B) The question “Will you be eighteen years of age on or before election day?” and boxes for the applicant to indicate whether or not the applicant will be eighteen years of age or older on election day;
(C) The statement “If you checked ‘no’ in response to either of these questions, do not complete this form.”; and
(D) A statement informing the applicant that, if the form is submitted by mail and the applicant has not previously voted in the county, or in the state if the statewide voter registration system required by section 1-2-301 is operating, the applicant shall submit with the registration form a copy of identification as defined in section 1-1-104 (19.5), the applicant’s driver’s license number, or the last four digits of the applicant’s social security number, otherwise the applicant will be required to submit a copy of identification with the applicant’s mail ballot or absentee ballot.
(II) If an applicant for registration fails on the mail registration form to answer the question specified in sub-subparagraph (A) of subparagraph (I) of this paragraph (b.5), the state or local election official shall notify the applicant of the failure and provide the applicant with an opportunity to complete the form in a timely manner to allow for the completion of the registration form prior to the next election for federal office.
(c) Not include any requirement for notarization or other formal authentication; and
(d) Include, in print that is identical to that used in the affirmation portion of the application:
(I) A statement of the penalties provided by law for submission of a false voter registration application;
(II) 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 purposes; and
(III) 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 purposes.
(2) (a) Subject to the requirements of paragraph (b) of this subsection (2), in addition to the identifying information required to be provided by the elector pursuant to subsection (1) of this section, a person who applies to register by mail in accordance with this part 5 shall submit with the registration application:
(I) In the case of an elector who has been issued a current and valid Colorado driver’s license or a current and valid identification card issued by the department of revenue in accordance with part 3 of article 2 of title 42, C.R.S., the number of the elector’s Colorado driver’s license or identification card; or
(II) In the case of an elector who has not been issued a current and valid Colorado driver’s license or a current and valid identification card issued by the department of revenue in accordance with part 3 of article 2 of title 42, C.R.S., the last four digits of the person’s
social security number. (a.5) If an applicant has not been issued a current and valid Colorado driver’s license, has not been issued a current and valid identification card by the department of revenue in accordance with part 3 of article 2 of title 42, C.R.S., and does not have a social security number, the secretary of state shall assign the applicant a number for voter registration purposes in accordance with section 1-2-204 (2.5).
(b) Notwithstanding any other provision of law, a Colorado driver’s license number, the number of an identification card issued by the department of revenue in accordance with the requirements of
part 3 of article 2 of title 42, C.R.S., or the last four digits of the person’s social security number shall only be received in satisfaction of the requirements of this subsection (2) where the state or local election official matches the number of the driver’s license or identification card or the person’s social security number submitted under paragraph (a) of this subsection (2) with an existing state identification record bearing the same number, name, and date of birth as provided in such registration information.
(c) If the elector does not comply with the requirements of this subsection (2), the county clerk and recorder shall not register the elector.
Source: L. 94: Entire part added, p. 1762, § 21, effective January 1, 1995. L. 2003: (1)(b.5) and (2) added, pp. 2076, 2077, §§ 11, 12, effective May 22. L. 2004: IP(1) and (1)(b.5)(I)(D) amended, p. 1053, § 4, effective May 21. L. 2006: (1)(b.5)(I)(D) and (2)(a) amended and (1.5) and (2)(a.5) added, pp. 2029, 2030, §§ 3, 4, 5, effective June 6. L. 2007: (1)(e) added and (1.5)(b) amended, p. 1777, §§ 9, 10, effective June 1; IP(1.5), (2)(a), and (2)(a.5) amended and (2)(c) added, p. 1969, § 6, effective August 3. L. 2013: IP(1), IP(1.5), and (1.5)(b) amended and (1)(e) repealed, (HB 13-1303), ch. 185, p. 698, § 23, effective May 10. L. 2016: (1.5) repealed,(SB 16-142), ch. 173, p. 593, § 81, effective May 18.
Cross references: In 2013, the introductory portions to subsections (1) and (1.5) and subsection (1.5)(b) were amended and subsection (1)(e) was repealed 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.
Cross references: For school elections, see articles 30, 31, and 42 of title 22; for elections for removal of county seats, see article 8 of title 30; for municipal elections, see article 10 of title 31; for special district elections, see part 8 of article 1 of title 32; for exemption of certain statutory proceedings from the rules of civil procedure, see C.R.C.P. 81; for recall from office, see article XXI of the state constitution; for recall of state and county officers, see part 1 of article 12 of this title; for recall of municipal officers, see part 5 of article 4 of title 31; for recall of directors of special districts, see § § 32-1-906, 32-1-907.
Editor’s note: Articles 1 to 13 were repealed and reenacted in 1980, and this article was subsequently repealed and reenacted in 1992, resulting in the addition, relocation, and elimination of sections as well as subject matter. For amendments to this article prior to 1992, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume and the editor’s note following the title heading. Former C.R.S. section numbers are shown in editor’s notes following those sections that were relocated in 1992. For a detailed comparison of this article for 1980 and 1992, see the comparative tables located in the back of the index.
Cross references: For election offenses relating to qualifications and registration of electors, see part 2 of article 13 of this title.
1. Definition for Election day
The date either established by law or determined by the governing body of the political subdivision conducting the election, to be the final day on which all ballots are determined to be due, and the date from which all other dates in this article are set.C.R.S. § 1-7.5-103.
2. 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.
3. 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.
4. Definition for Title
A brief statement that fairly and accurately represents the true intent and meaning of the proposed text of the initiative.
5. 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.
6. 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.
7. 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.
8. 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.
9. Definition for Secretary
The Colorado secretary of state. C.R.S. § 1-1.5-102.