Colorado § 1-9-203 - Challenge questions asked person intending to vote.

§ 1-9-203. Challenge questions asked person intending to vote.

(1) (Deleted by amendment, L. 2005, pp. 1420, 1455, §§ 42, 42, effective June 6, 2005.)

(2) If the person is challenged as not eligible because the person is not a citizen, an election judge shall ask the following question:

(a) Are you a citizen of the United States?

(b) (Deleted by amendment, L. 93, p. 1432, § 109, effective July 1, 1993.)

(3) If the person is challenged as not eligible because the person has not resided in this state for twenty-two days immediately preceding the election, an election judge shall ask the following questions:

(a) Have you resided in this state for the twenty-two days immediately preceding this election?

(b) Have you been absent from this state during the twenty-two days immediately preceding this election, and during that time have you maintained a home or domicile elsewhere?

(c) If so, when you left, was it for a temporary purpose with the intent of returning, or did you intend to remain away?

(d) Did you, while absent, look upon and regard this state as your home?

(e) Did you, while absent, vote in any other state or any territory of the United States?

(4) (a) If the person is challenged as not eligible to vote in an election other than a primary election because the person will not be eighteen years of age or older on or before election day, an election judge shall ask the following question: To the best of your knowledge and belief, will you be eighteen years of age or older on election day?

(b) If the person is challenged as not eligible to vote in a primary election because the person will not be eighteen years of age on or before the date of the next general election, an election judge shall ask the following question: To the best of your knowledge and belief, are you at least seventeen years of age and will you be at least eighteen years of age on or before the date of the next general election?

(5) If the person is challenged as not eligible because the person is not a property owner or the spouse or civil union partner of a property owner, an election judge shall ask the following questions:

(a) Are you a property owner or the spouse or civil union partner of a property owner in this political subdivision and therefore eligible to vote?

(b) What is the address or, for special district elections where an address is not available, the location of the property which entitles you to vote in this election?

(6) Repealed.

(7) If the person challenged answers satisfactorily the questions asked in accordance with this section, the election judge shall offer the person challenged a regular ballot, and the challenger may withdraw the challenge. The election judge shall indicate in the proper place on the challenge form whether the challenge was withdrawn or whether the challenged elector refused to answer the questions and left the polling location without voting a provisional ballot.

(8) Only an election judge or election judge supervisor shall ask the questions required by this section and complete the form as required by subsection (7) of this section. If the challenger is an election judge or election judge supervisor, a different election judge or election judge supervisor shall ask the questions and complete the form as required by this section.

Source: L. 80: Entire article R&RE, p. 382, § 1, effective January 1, 1981. L. 91: (3) amended, p. 637, § 77, effective May 1. L. 92: Entire article amended, p. 773, § 12, effective January 1, 1993. L. 93: (2) and (5)(b) amended, p. 1432, § 109, effective July 1. L. 94: IP(3), (3)(a), and (3)(b) amended, p. 1771, § 32, effective January 1, 1995. L. 95: (3)(b) amended, p. 843, § 66, effective July 1. L. 2005: (1) and (7) amended, p. 1420, § 42, effective June 6; (1) and (7) amended, p. 1455, § 42, effective June 6. L. 2013: IP(5), (5)(a), and (7) amended, (HB 13-1303), ch. 185, p. 746, § 113, effective May 10. L. 2014: IP(3), (3)(a), (3)(b), and (4) amended, (SB 14-161), ch. 160, p. 566, § 24, effective May 9. L. 2019: (4) amended, (HB 19-1278), ch. 326, p. 3033, § 43, effective August 2. L. 2021: (6) repealed and (8) added, (SB 21-250), ch. 282, p. 1651, § 44, effective June 21. L. 2022: (7) amended, (SB 22-212), ch. 421, p. 2964, § 5, effective August 10.

Editor's note: This section is similar to former § 1-8-104 as it existed prior to 1980.

Cross references: (1) For oaths and affirmations generally, see article 12 of title 24.

(2) In 2013, the introductory portion to subsection (5) and subsections (5)(a) and (7) were amended 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.

(3) 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.

A voter can be challenged only for failure to meet the qualification of elector requirements. Sheldon v. Moffat Tunnel Comm'n, 335 F. Supp. 251 (D. Colo. 1971).

Thus a voter cannot be disenfranchised because he has not paid a property or other ad valorem tax on real estate. Sheldon v. Moffat Tunnel Comm'n, 335 F. Supp. 251 (D. Colo. 1971).

There is no method for verification or challenge of social security number submitted by a registrant. Meyer v. Putnam, 186 Colo. 132, 526 P.2d 139 (1974).