Section 1-9-201 - Right to vote may be challenged(1)(a) A person's right to vote at a polling location or in an election may be challenged on one or more of the following grounds: (I) The person is not a citizen of the United States;(II) The person has not resided in the state for twenty-two days immediately preceding the election;(III) The person will not be eighteen years of age or older on or before election day; or(IV) If being a property owner or the spouse or civil union partner of a property owner is required for the election, the person is not a property owner or the spouse or civil union partner of a property owner.(b) If a person whose right to vote is challenged at a polling location refuses to answer the questions asked or sign the challenge form in accordance with section 1-9-203, the person shall be offered a provisional ballot. If the person casts a provisional ballot, the election judge shall attach the challenge form to the provisional ballot envelope and indicate "Challenge" on the provisional ballot envelope.(2) An election judge shall challenge any person intending to vote who the judge believes is not an eligible elector as provided in subsection (1)(a) of this section. In addition, challenges may be made by watchers or any eligible elector of the precinct as provided in subsection (1)(a) of this section.(3) A challenge at a polling location shall be made in the presence of the person whose right to vote is challenged.Amended by 2022 Ch. 421, § 4, eff. 8/10/2022.Amended by 2021 Ch. 282, § 42, eff. 6/21/2021.Amended by 2013 Ch. 185, § 112, eff. 5/10/2013.L. 80: Entire article R&RE, p. 381, § 1, effective 1/1/1981. L. 92: Entire article amended, p. 772, § 12, effective 1/1/1993. L. 2005: Entire section amended, p. 1419, § 40, effective June 6; entire section amended, p. 1454, § 40, effective June 6. L. 2013: (1) and (3) amended, (HB 13-1303), ch. 746, p. 746, § 112, effective May 10. (1) This section is similar to former § 1-8-102 as it existed prior to 1980.
(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 June 21, 2021.
2022 Ch. 421, was passed without a safety clause. See Colo. Const. art. V, § 1(3). In 2013, subsections (1) and (3) 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.