1-3-101. Party affiliation required – residence
Overview of Statute
In order to vote at any precinct caucus, assembly, or convention of a political party, the elector shall be a resident of the precinct, shall have registered to vote, and shall be affiliated with the political party as reflected on the registration books of the county clerk and recorder.
(1)(a) In order to vote at any precinct caucus, assembly, or convention of a political party, the elector must be a resident of the precinct for twenty-two days, must be registered to vote no later than twenty-two days before the caucus, assembly, or convention, and must be affiliated with the political party holding the caucus, assembly, or convention for at least twenty-two days as shown in the statewide voter registration system; except that any registered elector who has attained the age of eighteen years or who has become a naturalized citizen during the twenty-two days immediately preceding the meeting may vote at any caucus, assembly, or convention even though the elector has been affiliated with the political party for less than twenty-two days. Any preregistrant who is seventeen years of age on the date of a caucus and who will be eighteen years of age on the date of the next general election may either vote at any caucus, assembly, or convention or be elected as a delegate to any assembly or convention even though the elector has been affiliated with the political party for less than twenty-two days.
(b) If an elector desires to vote at a precinct caucus but the elector’s eligibility cannot be verified upon examination of the list of registered electors provided in accordance with subsection (3) of this section, the elector shall complete an affidavit attesting to the facts establishing the elector’s eligibility. The secretary of state shall promulgate rules prescribing the form and content of the affidavit.
(2) Notwithstanding subsection (1) of this section and section 1-2-101(1)(b), an elector who moves from the precinct where registered during the twenty-one days prior to any caucus may participate in and vote at the caucus in the precinct of the elector’s former residence but shall not be eligible for election as a delegate or for nomination as a precinct committeeperson in the former precinct.
(3)(a) No later than twenty-one days prior to the date of the precinct caucus, or eighteen days prior to the date of the precinct caucus in a year in which a political party’s precinct caucus is held on the first Saturday following the presidential primary election, the county clerk and recorder shall furnish without charge to each major political party in the county a list of the registered electors in the county who are affiliated with that political party.
(b) Repealed by Laws 2002, Ch. 51, § 1 eff. July 1, 2002.
Source: L. 80: Entire article R&RE, p. 315, § 1, effective January 1, 1981. L. 81: Entire section amended, p. 302, § 1, effective April 29; (1) amended, p. 291, § 5, effective June 19. L. 91: Entire section amended, p. 618, § 28, effective May 1. L. 92: Entire article amended, p. 664, § 3, effective January 1, 1993. L. 94: (3) added, p. 1153, § 11, effective July 1; entire section amended, p. 1767, 22, effective January 1, 1995. L. 95: (1) and (2) amended, p. 828, § 23, effective July 1. L. 99: Entire section amended, p. 760, § 15, effective May 20. L. 2002: (3) amended, p. 131, § 1, effective March 27. L. 2007: (3)(a) amended, p. 1988, § 2, effective August 3. L. 2016: (1) amended, (SB 16-142), ch. 173, p. 574, § 25, effective May 18: (1), (2), and (3)(a) amended, (SB 18-233), ch. 262, p. 1606, § 8, effective May 29. L. 2019: (1) amended, (HB 19-1278), ch. 326, p. 3009, § 12, effective August 2; L. 2020: (1)(a) and (3)(a) amended, (HB 20-1289), Ch. 2, § 1, eff. March 3, 2020.
Editor’s note: (1) This section is similar to former § 1-14-101 as it existed prior to 1980. (2) The amendment to subsection (3) by House Bill 94-1286 was harmonized with the amendment to this section by House Bill 94-1294. (3) Subsection (3)(b)(II) provided for the repeal of subsection (3)(b), effective July 1, 2002. (See L. 2002, p. 131.)
Holding that the Oklahoma’s semiclosed primary system, under which a political party could invite only its own registered members and voters registered as Independents to vote in its primary, did not violate First Amendment right to freedom of political association of political party or registered members of other parties; system imposed only minor burden on associational rights of the state’s citizenry and advanced important regulatory interests in preserving political parties as viable and identifiable interest groups, aiding in parties’ electioneering and party-building efforts, and in preventing party raiding. Clingman v. Beaver, 544 U.S. 581, 125 (2005).
Holding that the purpose of party registration is to provide a minimal demonstration by the voter that he has some commitment to the party in whose primary he wishes to participate. Clingman v. Beaver, 544 U.S. 581, 125 (2005).
1. Definition for Political party
Any group of registered electors who, by petition or assembly, nominate candidates for the official general election ballot. “Political party” includes affiliated party organizations at the state, county, and election district levels, and all such affiliates are considered to be a single entity for the purposes of this article, except as otherwise provided in section 7. Section 2(13) of article XXVIII of the state constitution.
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 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.
4. 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.
5. Definition for Secretary
The Colorado secretary of state. C.R.S. § 1-1.5-102.
6. Definition for Committee
The committee of signers described in section 1-12-108(2). C.R.S. § 1-12-100.5.
Case Name: MacGuire v. Houston
Citation: 717 P.2d 948 (Colo. 1986)
Case Summary: The district court ruled that the statute restricting the opportunity to serve as an election judge to persons who have affiliated with one of two major political parties did not violate the plaintiff's freedom of speech and association or her right to equal protection of the laws. We affirm the ruling of the district court.