Colorado § 1-9-101 - Challenge of incorrect registration.

§ 1-9-101. Challenge of incorrect registration.

(1) (a) Any registered elector may protest the registration of any person whose name appears in a county registration record for the county in which the challenging elector resides. A protest may challenge a person's registration as incorrect because the person is:

(I) Not a citizen of the United States;

(II) Not at least fifteen years old;

(III) Deceased; or

(IV) No longer a resident of the state but has not yet been marked "inactive" in the voter registration record.

(b) A protest must be submitted for each person whose registration is being challenged. The protest must be made in writing on a form prescribed by the secretary of state and must include:

(I) The name of the person whose registration is challenged;

(II) The basis for the challenge, including supporting facts;

(III) All documentary evidence supporting the factual basis for the challenge; and

(IV) The signature and address of the challenger.

(c) A protest must be filed with the county clerk and recorder of the county where the challenged registration record resides no later than one hundred twenty days before any election conducted by that county clerk and recorder. A protest fee of fifty dollars must be paid to the county clerk and recorder responsible for adjudicating the challenge at the time that a protest is submitted. A fee payment is required for each written protest. If a protest is successful, the protest fee must be refunded to the challenger.

(d) Upon receipt of a protest, a county clerk and recorder shall review the protest to determine if it sufficiently alleges a basis for a challenge in accordance with subsection (1)(a) of this section. If a protest does not allege a sufficient basis for a challenge pursuant to this section, the county clerk and recorder shall dismiss the challenge and notify the challenger of the dismissal. If a protest sufficiently alleges a basis for a challenge pursuant to this section, the county clerk and recorder shall notify and mail a copy of the challenge to the person whose registration is being challenged. The county clerk and recorder shall notify the person whose registration is being challenged and the challenger of the date, time, and location set for the challenge hearing required by subsection (1)(e) of this section.

(e) If a county clerk and recorder determines that a protest sufficiently alleges a basis for a challenge pursuant to this section, then the county clerk and recorder must set a hearing date that is no later than thirty days from the date the protest was filed and must provide notice in accordance with subsection (1)(d) of this section. The challenger who submitted the protest must appear at the hearing and shall bear the burden of proving the allegations made in the protest are true. The person whose registration is being challenged must have the opportunity to appear at the hearing but may not be penalized or subject to a negative presumption or inference if they do not appear. The county clerk and recorder shall conduct the hearing and may receive evidence and hear testimony. No later than five days after the date of the hearing, but in no event later than ninety days before an election conducted by the county clerk and recorder, the county clerk and recorder must render a decision in accordance with subsection (1)(f) of this section and notify both parties of the decision.

(f) In rendering a decision after the hearing on a protest, a county clerk and recorder must proceed as follows:

(I) If they find sufficient evidence to support the allegations in the protest, and the basis of the challenge is that the person is deceased, less than fifteen years old, or not a citizen of the United States, the county clerk and recorder shall cancel the person's voter registration record in the statewide voter registration system;

(II) If they find sufficient evidence to support the allegations in the protest, and the basis for the challenge is that the person is not a resident of the state, the county clerk and recorder shall mark the person's voter registration record "inactive", send a confirmation card, and otherwise follow the requirements of section 1-2-302.5; or

(III) If they do not find sufficient evidence to support the allegations in the protest, the county clerk and recorder shall deny the challenge.

(2) All appeals from a decision of the county clerk and recorder must be to the district court and filed within three days from the date the decision is issued. An appellant must file in the district court a verified petition setting forth the facts presented at the hearing, if any, the decision of the county clerk and recorder, and the basis for the appeal. Within twenty-four hours, the clerk of the district court must mail to the other party a notice of the appeal, including the time of any hearing. A hearing must be held no less than three days nor more than five days after the date the verified petition is filed.

(3) (a) A district court must hear testimony and other evidence and investigate summarily any appeal filed pursuant to subsection (2) of this section. Only competent legal evidence may be received at the hearing or considered by the court. No presumption may be made against a person whose registration is challenged merely because of their failure to attend the hearing. The court has the power to subpoena any person as a witness and to make any necessary investigation to ascertain the truth of any charges made in the petition, if the method of investigation does not cause unnecessary delay or interfere with the final disposition of the protest within the time provided in this section. A hearing on any petition is summary and final and is not subject to delay.

(b) At the close of the hearing, the court must announce if the protest has been sustained. If the protest is sustained, the court shall order the appropriate remedy in accordance with subsection (1)(f) of this section. The court shall direct the clerk of the court to certify the name of the person whose registration is challenged and the remedy to the county clerk and recorder. Upon receipt of the name and remedy, the county clerk and recorder shall take the action required by the court. The decision of the court is final and not subject to review by any other court; except that the supreme court, in its discretion, may review any such proceedings in a summary way.

Source: L. 80: Entire article R&RE, p. 380, § 1, effective January 1, 1981. L. 87: (1) and (3) amended, p. 295, § 29, effective June 26. L. 89: (3) amended, p. 309, § 20, effective May 9. L. 91: (1)(b)(II) amended, p. 637, § 76, effective May 1. L. 92: Entire article amended, p. 771, § 12, effective January 1, 1993. L. 93: (1)(b)(II) amended, p. 1769, § 16, effective June 6. L. 97: (1)(b)(II) amended, p. 477, § 21, effective July 1. L. 99: (1)(a) amended, p. 778, § 63, effective May 20. L. 2000: (1)(a) amended, p. 301, § 1, effective August 2. L. 2013: (1)(b) amended, (HB 13-1303), ch. 185, p. 745, § 111, effective May 10. L. 2016: (1)(b)(I), (1)(b)(III), and (3) amended, (SB 16-142), ch. 173, p. 585, § 59, effective May 18. L. 2026: Entire section R&RE, (HB 26-1113), ch. 267, p. 1511, § 55, effective June 1.

Editor's note: Prior to its repeal and reenactment in 2026, this section was similar to former § 1-12-101 as it existed prior to 1980.

PART 2

CHALLENGES TO VOTING