Colorado § 1-2-204 - Questions answered by elector - rules.

§ 1-2-204. Questions answered by elector - rules.

(1) Repealed.

(2) In addition, each elector shall correctly answer the following:

(a) The elector's name in full;

(b) The elector's place of residence, including municipal address with street number or, if there is no street number, by legal description of the land upon which the residence sits, including lot, block, addition, division, or subdivision, as applicable. In all other cases, the residence shall be described by the section or subdivision in the township and range as established and numbered by the United States government survey. If the place of residence is an apartment house, rooming house, dormitory, hotel, or motel, the number of the floor and the number of the apartment or room shall also be given. Except as allowed by section 1-2-102 (1)(a), no vacant lot or business address shall be considered a residence. A post office box number shall not be used as a place of residence for the purposes of this subsection (2).

(c) Whether the elector is a citizen of the United States;

(d) The elector's gender identity, if the elector wishes to state it;

(e) The elector's date of birth;

(f) The elector's deliverable mailing address if different from the elector's address of record;

(f.3) The address where the elector wishes to receive his or her ballot if different from the address of record;

(f.5) The elector's current and valid Colorado driver's license number, the number of the current and valid identification card issued to the elector in accordance with part 3 of article 2 of title 42, or the last four digits of the elector's social security number. If the elector does not have a social security number or a current and valid Colorado driver's license or identification card, the elector shall answer that he or she does not have a social security number or a current and valid Colorado driver's license or identification card.

(g) Repealed.

(h) Whether or not the elector is registered to vote in another county of this state;

(i) Whether or not the elector was registered to vote in another state;

(j) The elector's affiliation, if any, if the eligible elector desires to affiliate with any political party or political organization. If this question is not answered, the elector shall be registered as "unaffiliated". Only the eligible elector personally shall declare the eligible elector's affiliation.

(j.5) and (k) Repealed.

(l) The question "Do you affirm that you meet the voter registration qualifications and that the information you have provided in this application is true to the best of your knowledge and belief?".

(2.5) If an applicant for voter registration has not been issued a current and valid Colorado driver's license, a current and valid 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 a social security number, the secretary of state shall assign the applicant a number that will serve to identify the applicant for voter registration purposes. Insofar as the department of state has created a computerized statewide voter registration list in accordance with the requirements of part 3 of this article and the list assigns unique identifying numbers to registrants, the number assigned under this subsection (2.5) shall be the unique identifying number assigned under the list.

(2.7) The form used for registration of electors shall contain a statement that the applicant must comply with the requirements of paragraph (f.5) of subsection (2) of this section, that an applicant who is qualified to vote in this state but does not have a driver's license, state-issued identification card, or social security number may still register to vote, and that the secretary of state will assign an identifying number to such an applicant for voter registration purposes.

(3) (a) If the county clerk and recorder has reasonable cause to believe that an applicant has falsified any answers to the questions set forth in this section, the county clerk and recorder shall certify the same to the district attorney for investigation and appropriate action.

(b) If the elector states that the elector's present address is the elector's sole legal residence and that the elector claims no other place as the elector's legal residence and if the elector meets the qualifications of section 1-2-101, the county clerk and recorder shall proceed to register the elector.

(c) If the elector does not comply with the requirements of subsections (1) and (2) of this section, the county clerk and recorder shall not register the elector.

(4) (a) If the registration record of a registered elector does not contain the last four digits of the elector's social security number, the county clerk and recorder shall request the elector to provide the last four digits of the elector's social security number. The request may be made of the registered elector by the county clerk and recorder:

(I) In any written communication by mail from the county clerk and recorder to the registered elector;

(II) At any voter service and polling center in the registered elector's county;

(III) Repealed.

(IV) In materials to be returned by the registered elector with a mail ballot.

(b) No registered elector shall be prohibited from voting at any election for failure to provide the last four digits of the elector's social security number or the elector's full social security number.

(c) Any social security number or the last four digits of a social security number of an elector that is obtained by the county clerk and recorder from such elector pursuant to this section shall be held confidential and shall not be published or be open to or available for public inspection. The county clerk and recorder shall develop appropriate security measures to ensure the confidentiality of such numbers.

(d) The last four digits of a social security number described in this section shall not be considered a social security number for purposes of section 7 of the federal "Privacy Act of 1974", Pub.L. 93-579.

(4.5) This section does not apply to a covered voter, as defined in section 1-8.3-102, who is registering to vote pursuant to section 1-8.3-107.

(5) The secretary of state shall promulgate rules in accordance with article 4 of title 24, C.R.S., as may be necessary to determine the identity of a resident of a group residential facility, as defined in section 1-1-104 (18.5), and any rules necessary to ensure the consistent application of such identification rules.

Source: L. 92: Entire article R&RE, p. 641, § 2, effective January 1, 1993. L. 93: (2)(j) amended, p. 1398, § 16, effective July 1. L. 94: (1)(d) amended, p. 1753, § 9, effective January 1, 1995. L. 95: (2)(f) amended, p. 822, § 8, effective July 1. L. 97: (2)(i) amended, p. 472, § 4, effective July 1. L. 98: (2)(f.5) and (4) added and (2)(g) amended, p. 279, §§1, 2, effective April 14. L. 99: (2)(f) amended and (2)(k) added, p. 279, § 3, effective August 4; (2)(j) amended, p. 158, § 2, effective August 4. L. 2003: (2)(f.5) amended and (2.5) added, p. 2072, § 8, effective May 22. L. 2004: (2)(c), (2)(d), and (2)(f.5) amended, p. 426, § 2, effective April 13; (2)(f.5), IP(4)(a), (4)(a)(I), and (4)(b) amended and (4)(d) added, p. 1051, § 2, effective May 21. L. 2006: (2)(f.5) amended and (2.7) and (3)(c) added, pp. 2028, 2029, §§ 1, 2, effective June 6. L. 2007: (4)(a)(IV) amended, p. 1775, § 2, effective June 1; (2)(f.5) amended, p. 1968, § 4, effective August 3. L. 2009: (5) added, (HB 09-1336), ch. 261, p. 1198, § 5, effective August 5. L. 2012: (2)(d) amended, (HB 12-1292), ch. 181, p. 677, § 3, effective May 17. L. 2013: (2)(g) and (4)(a)(III) repealed, (2)(k), IP(4)(a), (4)(a)(II), and (4)(a)(IV) amended, and (2)(l) added, (HB 13-1303), ch. 185, p. 690, § 11, effective May 10. L. 2016: (1) repealed, IP(2) and (2)(d) amended, and (4.5) added, (SB 16-142), ch. 173, p. 568, § 10, effective May 18. L. 2017: (2)(j.5) added, (SB 17-305), ch. 216, p. 841, § 1, effective August 9. L. 2018: (2)(f.3) added, (2)(i) amended, and (2)(k) repealed, (SB 18-233), ch. 262, p. 1604, § 4, effective May 29. L. 2019: (2)(f.5) amended, (HB 19-1278), ch. 326, p. 3006, § 6, effective August 2. L. 2022: (2)(b) amended, (SB 22-152), ch. 100, p. 477, § 2, effective April 13. L. 2023: (2)(j.5) repealed, (SB 23-276), ch. 399, p. 2375, § 4, effective June 6.

Editor's note: This section is similar to former § 1-2-203 as it existed prior to 1992.

Cross references: (1) In 2013, subsections (2)(g) and (4)(a)(III) were repealed, subsection (2)(k), the introductory portion to subsection (4)(a), and subsections (4)(a)(II) and (4)(a)(IV) were amended, and subsection (2)(l) was added 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.

(2) For the short title ("Colorado Votes Act") in HB 19-1278, see section 1 of chapter 326, Session Laws of Colorado 2019.

ANNOTATION

Annotator's note. The following annotations include cases decided under former provisions similar to this section.

Provisions not mandatory. To treat all of the provisions of this statute as mandatory so as to deprive those who attempt to register would provide an unequal application of the statute and an inconsistency not warranted by any express language in the enactment. Meyer v. Putnam, 186 Colo. 132, 526 P.2d 139 (1974).

Obtaining social security numbers from vast majority of voters is only directory. Meyer v. Putnam, 186 Colo. 132, 526 P.2d 139 (1974).

Supporters of minor parties must be allowed to designate that support on voter registration forms. The refusal to permit such designation unnecessarily burdens the opportunity of the citizen and his party to promote their minority interests. Baer v. Meyer, 577 F. Supp. 838 (D. Colo. 1984), aff'd in part, rev'd in part on other grounds, 728 F.2d 471 (10th Cir. 1984).

But party designation need only be permitted if a political organization already exists in the state under its name, has recognized officials, and has previously placed a candidate on the ballot by petition. Baer v. Meyer, 728 F.2d 471 (10th Cir. 1984).