COCODE

1-2-605. Canceling registration - procedures.

Statute text

(1) (a) Correspondence by mail from the county clerk and recorder to a registered elector of a county must include, at a minimum, the elector's name and address.

(b) (I) Except as provided in subparagraph (II) of this paragraph (b), if correspondence described in paragraph (a) of this subsection (1) is returned by the United States postal service as undeliverable, the county clerk and recorder shall mark the elector's registration record "Inactive" and mail the elector a confirmation card.

(II) If correspondence described in paragraph (a) of this subsection (1) is returned by the United States postal service as undeliverable and the elector's registration record is already marked "Inactive", the county clerk and recorder shall not modify the record and may not mail the elector a confirmation card.

(c) If an elector's confirmation card is not returned to the county clerk and recorder as undeliverable, the county clerk and recorder shall not change the elector's registration record.

(2) Repealed.

(3) Any registered elector whose registration record is marked "Inactive" is eligible to vote in any election where registration is required if the elector meets all other requirements.

(4) A county clerk and recorder shall mark an "Inactive" elector's registration record as "Active" if:

(a) The elector updates his or her registration information; or

(b) The elector votes in an election conducted by a county clerk and recorder or an election for which the registration information has been provided to the clerk and recorder; or

(d) The elector completes, signs, and returns a confirmation card or change of address card.

(5) If an active elector's mail ballot is returned to the county clerk and recorder by the United States postal service as undeliverable, the county clerk and recorder shall mark the elector's registration record "Inactive" and send to the elector a confirmation card by which the elector may verify or correct the address information. If the elector verifies that he or she has moved within the state, the county clerk and recorder shall forward the address information to the county clerk and recorder of the county in which the voter resides to update the elector's registration record with the new address. If the elector verifies that he or she has moved outside the state, the county clerk and recorder shall cancel the elector's registration record. If the elector fails to respond, the county clerk and recorder shall leave the registration record of that elector marked "Inactive".

(6) (Deleted by amendment, L. 2013.)

(7) If an elector whose registration record is marked "Inactive" fails to update his or her registration record, fails to respond to any confirmation card, and fails to vote in any election conducted by the county clerk and recorder during the time period that includes two consecutive general elections since the elector's registration record was marked "Inactive", the county clerk and recorder shall cancel the elector's registration record. Nothing in this section allows an elector's registration record to be canceled solely for failure to vote.

(8) No later than ninety days following any general election, the county clerk and recorder shall furnish to the county chairperson of each major political party a list containing the names, addresses, precinct numbers, and party affiliations of the electors whose registration records were canceled pursuant to this section.

(9) to (11) (Deleted by amendment, L. 2013.)

History

Source: L. 97: Entire part added with relocations, p. 467, 1, effective July 1. L. 99: (6)(a), (8), and (10) amended, p. 760, 14, effective May 20; (1)(a), (5), (6)(b), and (7) amended, p. 279, 4, effective August 4. L. 2005: (10) amended, p. 1396, 10, effective June 6; (10) amended, p. 1431, 10, effective June 6. L. 2007: (1)(a), (4)(c), and (6)(b) amended, p. 1777, 11, effective June 1. L. 2008: (1)(a)(I) amended, p. 1875, 1, effective June 2; (2) amended and (11) added, pp. 1742, 1743, 1, 3, effective July 1. L. 2009: (5) amended, (HB 09-1216), ch. 165, p. 728, 2, effective August 5. L. 2010: (7) amended, (HB 10-1116), ch. 194, p. 832, 8, effective May 5. L. 2012: (6)(b) and (8) amended, (HB 12-1292), ch. 181, p. 678, 7, effective May 17. L. 2013: Entire section amended, (HB 13-1303), ch. 185, p. 700, 26, effective May 10. L. 2016: (1)(a) and (1)(b) amended and (2) repealed, (HB 16-1093), ch. 126, p. 360, 5, effective April 21.

Annotations

Editor's note: This section is similar to former 1-2-224 as it existed prior to 1997.

Annotations

Cross references: In 2013, this section was 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.

Annotations

ANNOTATION

Annotations

Law reviews. For note, "Purged Voter Lists", see 44 Den. L.J. 279 (1967).

Annotator's note. Since 1-2-605 is similar to 1-2-224 as it existed prior to the 1997 amendment to article 2 of title 1, which resulted in the relocation of provisions, a relevant case decided under former provisions similar to that section has been included in the annotations to this section.

The provision for purging the registration book does not violate the equal protection clause of amendment 14, U.S. Const. Duprey v. Anderson, 184 Colo. 70, 518 P.2d 807 (1974).

Nor requirements of due process. The requirements of due process of law as set forth in 25 of art. II, Colo. Const., and in amendment 14, U.S. Const., are not violated by the provision as it applies to persons whose names have been removed from the registration books. Duprey v. Anderson, 184 Colo. 70, 518 P.2d 807 (1974).

Purging procedure does not result in an invidious discrimination between qualified registered electors who exercise their right to vote in general elections and qualified registered electors who do not vote. Duprey v. Anderson, 184 Colo. 70, 518 P.2d 807 (1974).

Purging registration book is exclusively an administrative adjunct which is necessary in order to provide for the purity of elections and to guard against abuses. Duprey v. Anderson, 184 Colo. 70, 518 P.2d 807 (1974).

Prevention of fraud and other abuses is state interest in purging books. Any person who does not reregister may be presumed to be deceased, to have moved and registered at a new address, or to have no desire to vote at a forthcoming election. Thus, the election list becomes more authentic and is not as susceptible to fraudulent voting practices or other abuses of the franchise. This is the legitimate state interest involved in the purging procedure. Duprey v. Anderson, 184 Colo. 70, 518 P.2d 807 (1974).

Qualified electors whose names were purged from registration books were in no way barred from voting, for to vote, they are merely required to reregister. Duprey v. Anderson, 184 Colo. 70, 518 P.2d 807 (1974).