Colorado § 1-3-101 - Party affiliation required - residence.

§ 1-3-101. Party affiliation required - residence.

(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. If allowed by a political party's rules, a preregistrant may vote at any caucus, assembly, or convention if the preregistrant has been a resident of the precinct for twenty-two days before the caucus, assembly, or convention, and has been 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 a preregistrant who preregistered within the twenty-two days immediately preceding the meeting may vote at any caucus, assembly, or convention even though the preregistrant 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. Notwithstanding section 1-2-227 (2), the list must include preregistrants whose information is otherwise confidential.

(b) Repealed.

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. L. 2018: (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, p. 3, § 1, effective March 3. L. 2021: (1)(a) and (3)(a) amended, (SB 21-250), ch. 282, p. 1636, § 11, effective June 21.

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.)

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