Section 1-2-202.5 - Online voter registration - online changes in elector information(1)(a) An elector may register to vote, and a registered elector may change his or her residence in the registration record or change or withdraw his or her affiliation, by completing an electronic form on the official website of the secretary of state if the elector's signature is stored in digital form in the database systems maintained by the department of state pursuant to section 1-2-301(1) or is accessible to the department of state in accordance with the requirements of section 1-2-302(6), or if the elector provides the last four digits of the elector's social security number and the number can be validated through the department of revenue pursuant to section 1-2-302 (6.7).(b) The official website referenced in paragraph (a) of this subsection (1) shall be fully secure. The website shall maintain the confidentiality of all users and preserve the integrity of the data submitted. Further specifications regarding the security of the website may be promulgated by the secretary by rule in accordance with the provisions of section 1-1-107(2)(a).(1.5) A person may preregister pursuant to section 1-2-101(2) on the official website referenced in, and in accordance with the signature requirements of, subsection (1) of this section, and any person that has preregistered may change his or her information on the registration record by completing an electronic form on the official website referenced in subsection (1) of this section.(2) The secretary of state shall make available on the secretary of state's official website electronic forms for persons to apply to register to vote and for a registered elector to change his or her residence or change or withdraw his or her affiliation.(3) The electronic voter registration form must include:(a)(I) The questions "Are you a citizen of the United States of America?", "Are you at least sixteen years of age?", "Do you understand that you must be at least seventeen years old and turning eighteen years old on or before the date of the next general election to be eligible to vote in a primary election, and at least eighteen years old to be eligible to vote in any other election?", "Have you resided in Colorado for at least twenty-two days immediately prior to the election?","Do you reside in the precinct in which you intend to register?", "Is the address you have listed your sole legal place of residence for purposes of voting?", and "Do you affirm that you will not cast more than one ballot in any election?" and places for the elector to input answers to the questions.(II) Following the questions listed in subparagraph (I) of this paragraph (a), the form shall include the statement "If you checked 'no' in response to any of these questions, do not complete this application because you do not qualify as an eligible elector in accordance with section 1-2-101, Colorado Revised Statutes.".(b) The questions specified in section 1-2-204(2) with places for the elector to input information in response to the questions;(c)(I) A place for the elector to input additional information, as determined by the secretary of state, necessary to locate the elector's signature in the database systems specified in subsection (1) of this section and a place for the elector to assent to the use of the signature for voter registration purposes. (II) A place for the elector, in the alternative, to enter the last four digits of the elector's social security number to be validated pursuant to subsection (1) of this section and to upload a signature electronically.(d) The self-affirmation required under section 1-2-205; and(e) A statement that notifies the user of the website that it is against the law to knowingly submit false information or to tamper with another person's voter registration information.(4)(a) The electronic form for a registered elector to change his or her residence shall include the information required by section 1-2-216(1).(b) The electronic form for a registered elector to change or withdraw his or her affiliation shall include the information required by section 1-2-219(1).(d) In addition to any other requirements of this section, in order for a registered elector to access the electronic form to change his or her residence or change or withdraw his or her affiliation, the registered elector shall submit his or her birth date and, if the elector wishes to state them, the last four digits of his or her social security number.(5) The signature requirement of section 1-2-201(2) is met by an elector's assent on the electronic application to the use of his or her signature for voter registration purposes, the return of an elector's signature in response to a notice sent pursuant to subsection (7)(a) or (7)(b) of this section, or the return of an elector's signature and copy of the elector's identification pursuant to section 1-7.5-107.3 (1.5).(6) The county clerk and recorder shall determine if the information submitted on the electronic form is complete prior to approving a new registration or approving an elector's change in residence or change in or withdrawal of his or her affiliation.(7)(a)(I) When a person completes an electronic voter registration form in accordance with subsection (3) of this section and is qualified to register based on the information provided in the form, the county clerk and recorder shall search for the elector's signature in the database systems specified in subsection (1) of this section. If the signature is found, the county clerk and recorder shall approve the new registration pursuant to subsection (6) of this section and shall add the elector to the computerized statewide voter registration list maintained by the secretary of state pursuant to section 1-2-301(1).(II) If a signature is not found, but the elector provided the last four digits of the elector's social security number, the county clerk and recorder shall:(A) Approve the new registration pursuant to subsection (6) of this section and shall add the elector to the computerized statewide voter registration list maintained by the secretary of state pursuant to section 1-2-301(1); and(B) Send to the elector's address of record, by nonforwardable mail, notice that the elector has been registered to vote, a postage paid preaddressed return form by which the elector may return a signature, and information on how the elector can upload a signature electronically.(b)(I) When a registered elector completes an electronic form to change his or her residence or change or withdraw his or her affiliation, the county clerk and recorder shall search for the registered elector's signature in the database systems specified in subsection (1) of this section. If the signature is found, the county clerk and recorder shall approve the change in status pursuant to subsection (6) of this section and shall make the changes indicated on the electronic form in the computerized statewide voter registration list maintained by the secretary of state pursuant to section 1-2-301(1). (II) If a signature is not found, but the elector provided the last four digits of the elector's social security number, the county clerk and recorder shall: (A) Approve the change in status pursuant to subsection (6) of this section and shall make the changes indicated on the electronic form in the computerized statewide voter registration list maintained by the secretary of state pursuant to section 1-2-301(1); and(B) Send to the elector's address of record, by nonforwardable mail, notice of the change in status, a postage paid preaddressed return form by which the elector may return a signature, and information on how the elector can upload a signature electronically.(c)(I) A person attempting to register or update his or her residence through the online voter registration system after the eighth day before an election shall be registered and immediately informed that the person must instead visit a voter service and polling center to receive a ballot for the election.(II) A change or withdrawal of affiliation made in accordance with this section applies to an election if the elector completes the electronic form no later than twenty-two days before the election; except that, if the twenty-second day before an election is a Saturday, Sunday, or legal holiday, the change or withdrawal applies if made by the next day that is not a Saturday, Sunday, or legal holiday.(d)(I) If a notice provided under subsection (7)(a)(II) or (7)(b)(II) of this section is returned as undeliverable within twenty days after the county clerk and recorder mails the notice, the person's registration or change in status is canceled and the person is deemed never to have registered or changed status. If the notice is returned as undeliverable after twenty days after the county clerk and recorder mails the notice, the person's registration is marked inactive.(II) Notwithstanding subsection (7)(d)(I) of this section, if a person votes in an election after submitting the application for registration or change in status but before the notice is returned as undeliverable, the person's registration or change in status shall not be canceled and the registration shall not be marked inactive.(8)(a) No later than July 1, 2011, the secretary of state shall make available on the secretary of state's official website a link to the department of revenue's official website, whereby an elector may change his or her address information on file with the department of revenue for driver's license or identification card purposes.(b) No sooner than November 1, 2011, and no later than January 1, 2012, the secretary of state shall make available on the secretary of state's official website a link to the department of revenue's official website, whereby an elector may change his or her address information for state income tax purposes.Amended by 2021 Ch. 282,§ 3, eff. 3/1/2022.Amended by 2019 Ch. 326,§ 4, eff. 8/2/2019.Amended by 2017 Ch. 101,§ 35, eff. 8/9/2017.Amended by 2016 Ch. 173,§ 8, eff. 5/18/2016.Amended by 2014 Ch. 160,§ 4, eff. 5/9/2014.Amended by 2013 Ch. 184,§ 2, eff. 8/7/2013.L. 2009: Entire section added, (HB 09-1160), ch. 1205, p. 1205, § 1, effective May 15. L. 2010: (8) added, (HB 10-1045), ch. 1478, p. 1478, § 1, effective July 1, 2011. L. 2013: (1)(a), (2), IP(3), (3)(a)(I), (4)(d), (6), (7)(b), and (7)(c) amended and (4)(c) repealed, (HB 13-1303), ch. 688, p. 688, § 10, effective May 10; (1.5) added, (HB 13-1135), ch. 678, p. 678, § 2; effective August 7. L. 2014: (4)(d), (7)(b), and (7)(c)(I) amended, (SB 14-161), ch. 556, p. 556, § 4, effective May 9. L. 2016: (3)(b), (3)(d), and (7)(c)(II) amended, (SB 16-142), ch. 567, p. 567, § 8, effective May 18. L. 2017: (1)(a) amended, (HB 17-1107), ch. 376, p. 376, § 35, effective August 9. L. 2019: (3)(a)(I) amended, (HB 19-1278), ch. 3006, p. 3006, § 4, effective August 2. Section 85 of chapter 282 (SB 21-250), Session Laws of Colorado 2021, provides that the act changing this section applies to elections conducted on or after March 1, 2022.
(1) In 2013, subsections (1)(a) and (2), the introductory portion to subsection (3), and subsections (3)(a)(I), (4)(d), (6), (7)(b), and (7)(c) were amended and subsection (4)(c) was repealed 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.