2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 2 - QUALIFICATIONS AND REGISTRATION OF ELECTORS (§§ 1-2-101 — 1-2-703) › Part 5 - MAIL REGISTRATION AND REGISTRATIONAT VOTER REGISTRATION AGENCIES (§§ 1-2-501 — 1-2-511) › Section 1-2-502.5 - Transfer of voter registration information to secretary of state

(1)
Subject to compliance with all applicable federal laws and regulations, the department of health care policy and financing shall provide to the secretary of state, on a schedule established by the secretary of state, electronic records containing the full name, date of birth, residence address, deliverable mailing address if different from the residence address, and county of residence for each registered and unregistered eligible elector who applies for medical assistance as defined in section
25.5-4-103 (13)
; except that the department of state shall not use the record of a person who is a program participant in the "Address Confidentiality Program Act", part 21 of article
30
of title
24
, for voter registration purposes.
(2)
If available, the department of health care policy and financing shall also provide, for each eligible elector, an electronic copy of the elector's signature and the eligible elector's valid Colorado driver's license or identification card number or the last four digits of the elector's social security number.
(3)
Upon receiving the electronic record for an unregistered eligible elector that includes all of the information in subsection (1) of this section and either the elector's valid Colorado driver's license or identification card number or the last four digits of the elector's social security number in accordance with subsection (2) of this section, the secretary of state shall provide the information to the county clerk and recorder of the county in which the elector resides. Upon receipt of a record, the county clerk and recorder shall determine if the record is complete for the purposes of voter registration. If the record is not complete, the county clerk and recorder shall send to the person's address of record, by nonforwardable mail, notice that the person has not been registered to vote and stating the additional information required to register. If the person provides the additional information, the person is registered to vote effective on the date of the person's application with the department of health care policy and financing. If the person does not provide the additional information necessary to make his or her application complete and accurate within twenty-four months after the notification is mailed pursuant to this subsection (3), the person's registration is canceled.
(4)
If the record is complete for purposes of voter registration, the county clerk and recorder shall send to the person's address of record, by nonforwardable mail, notice that the person has been registered to vote and a postage paid preaddressed return form by which the person may:
(a)
Decline to be registered as an elector; or
(b)
Affiliate with a political party; and
(c)
Provide a signature if, at the time the elector applied for medical assistance, the person did not use a Colorado driver's license or identification number and did not provide an electronic copy of their signature. The form must include information on how the elector can upload a signature electronically.
(5)
A notice mailed under subsection (4) of this section must include an explanation, in both English and Spanish, of the eligibility requirements to register to vote, and a statement that, if the person is not eligible, the person should decline to register using the preaddressed return form.
(6)
The notice provided under subsection (4) of this section must include a statement that, if a person declines to register to vote, the fact that the person has declined to register will remain confidential and will be used only for voter registration statistics purposes, and a statement that, if the person remains registered to vote, the office at which the person was registered will remain confidential and will be used only for voter registration statistics purposes.
(7)
(a)
(I)
If a notice provided under subsections (3) and (4) of this section is returned as undeliverable within twenty days after the county clerk and recorder mails the notice, the person's registration is canceled and the person is deemed to have never registered. 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)(a)(I) of this section, if a person votes in an election after the transfer of the person's record but before the notice is returned as undeliverable, the person's registration shall not be canceled or marked inactive.
(b)
If a notice provided under subsection (4) of this section is not returned within twenty days, or if the person returns the form and provides a signature but does not affiliate with a party, the person is registered as of the date of the person's application with the department of health care policy and financing and the person shall be marked as unaffiliated.
(c)
If a person returns the form provided under subsection (4) of this section and declines to be registered, including if the person returns the form and both declines to be registered and also affiliates with a party or provides a signature for registration, the person's registration is canceled and the person is deemed to have never registered; except that, if the person has voted in an election, the returned form is of no effect and the person remains registered as of the date of the person's application with the department of health care policy and financing.
(d)
If a person returns the form provided under subsection (4) of this section and affiliates with a party, the person is registered as of the date of the person's application with the department of health care policy and financing and the person's affiliation shall be marked effective as of the date the affiliation information was received.
(e)
If a person returns the form without selecting any option, the returned form is of no effect. The person is registered as of the date of the person's application with the department of health care policy and financing and shall be marked as unaffiliated.
(7.5)
(a)
Subject to compliance with all applicable federal laws and regulations, the department of health care policy and financing shall provide to the secretary of state, on a schedule established by the secretary of state, notice of any registered elector who informs the department of a change of name or address. Upon receiving notice of the change of name or address, the secretary of state shall provide the information to the county clerk and recorder of the county in which the elector resides.
(b)
The county clerk and recorder of the county in which the elector resides shall change the registration record of the elector to reflect the change of name and address, mark the registration record as "active", and send to the elector's address of record, by forwardable mail, notice of the change, a postage paid preaddressed return form by which the elector may verify or correct the information, and information on how the elector can return a signature or upload a signature electronically if the elector does not have a signature on file.
(c)
If the elector returns the form described in subsection (7.5)(b) of this section and indicates that the change was in error, the appropriate county clerk and recorder shall immediately correct the elector's previously updated information in the statewide voter registration database.
(8)
After the twenty-day period described in subsection (7) of this section passes, the registration information of a person registered pursuant to this section, including the fact that the person was registered through a voter registration agency, becomes a registration record that must be maintained and made available for public inspection in accordance with section
1-2-227
. Information relating to the return of a notice form by a person declining to be registered and information relating to the specific agency at which a person was registered pursuant to this section is not a public record subject to inspection and shall not be used for any purpose other than voter registration statistics.
(9)
This section does not preclude the state from complying with its obligations under the federal "National Voter Registration Act of 1993",
52 U.S.C. sec. 20501
et seq., as amended; the federal "Voting Rights Act of 1965",
52 U.S.C. sec. 10101
et seq., as amended; the federal "Help America Vote Act of 2002",
52 U.S.C. sec. 20901
et seq., as amended; or any other applicable federal laws.
Amended by 2021 Ch. 282, § 10, eff. 6/21/2021.
Added by 2019 Ch. 329, § 3, eff. 8/2/2019.
L. 2019: Entire section added, (SB 19-235), ch. 3052, p. 3052, § 3, 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 June 21, 2021.