A Bill for an Act
Page 1, Line 101Concerning modifications to voter registration, and, in
Page 1, Line 102connection therewith, eliminating the automatic
Page 1, Line 103voter registration provisions for default registration
Page 1, Line 104of electors as unaffiliated voters and requiring the
Page 1, Line 105registration records of electors who fail to vote in
Page 1, Line 106two consecutive general elections to be marked
Page 1, Line 107inactive.
Bill Summary
(Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.)
The bill modifies the automatic voter registration process by replacing the default registration or preregistration of a person who applies for a driver's license or identification card as an unaffiliated voter with a pending registration or preregistration status (pending status). Only a person who has affirmatively chosen to be an unaffiliated voter is registered or preregistered as such. The pending status applies to a potential voter whose intent to register or preregister or whose party affiliation is unknown or pending due to a need for further information or a failure to respond.
A pending voter registration or preregistration record created through existing processes may be finalized if the person affirms their intent to register or preregister, provides their desired party affiliation or identification as unaffiliated, and self-affirms their qualifications in the form required for all registrations to be complete. If a notice seeking such information is returned as undeliverable within 20 days, the pending registration or preregistration is canceled. After 20 days, an undeliverable pending registration or preregistration is marked "inactive". If a notice is not returned at all, or a person's response is incomplete, their pending registration or preregistration is marked "inactive". If a person subsequently votes in an election, their "inactive" pending registration or preregistration becomes an active voter registration record.
A county clerk and recorder may, in their discretion, provide notice of an "inactive" pending registration or preregistration record and further attempt to finalize the pending registration or preregistration.
The bill also adds a requirement for county clerk and recorders to mark a voter's registration as "inactive" if they fail to vote in 2 consecutive general elections held in even-numbered years.
Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 2, Line 2SECTION 1. Legislative declaration.
Page 2, Line 3(1) The general assembly finds and declares that:
Page 2, Line 4(a) Colorado's automatic voter registration (AVR) program has
Page 2, Line 5successfully registered hundreds of thousands of new voters through the
Page 2, Line 6department of revenue and other voter registration agencies;
Page 2, Line 7(b) Currently, an elector whose voter registration is initiated
Page 2, Line 8through AVR is by default registered, or preregistered, as "unaffiliated",
Page 2, Line 9without the elector's declaration of affiliation or self-affirmation of
Page 3, Line 1qualifications;
Page 3, Line 2(c) Many electors incorrectly believe that the state has actively
Page 3, Line 3identified them as "unaffiliated" voters and express confusion, frustration,
Page 3, Line 4and distrust regarding this default classification while working with their
Page 3, Line 5county clerk and recorder to change their voter registration records;
Page 3, Line 6(d) The AVR system's "unaffiliated" default also creates an
Page 3, Line 7administrative burden for county clerks and recorders who assist electors
Page 3, Line 8in correcting the elector's affiliation on their voter registration records;
Page 3, Line 9(e) Establishing a pending voter registration status in the AVR
Page 3, Line 10system clarifies that further action and affirmative elector input is
Page 3, Line 11required to complete their voter registration record, including declaration
Page 3, Line 12of party affiliation or identification as unaffiliated; and
Page 3, Line 13(f) Modifying AVR to clearly identify and properly process
Page 3, Line 14pending voter registration records increases system transparency, builds
Page 3, Line 15trust with participants, improves the accuracy of voter registration
Page 3, Line 16records, and gives county clerks and recorders direction for further
Page 3, Line 17outreach to potential voters.
Page 3, Line 18(2) The general assembly further finds and declares that:
Page 3, Line 19(a) There are over one hundred thousands electors in Colorado
Page 3, Line 20with "active" voter registration records but who have not voted in at least
Page 3, Line 21two consecutive general elections held in even-numbered years; and
Page 3, Line 22(b) Changing the status of these electors to "inactive" is a
Page 3, Line 23cost-saving measure that will save taxpayers millions of dollars in
Page 3, Line 24election-related expenses.
Page 3, Line 25SECTION 2. In Colorado Revised Statutes, 1-2-213.3, amend
Page 3, Line 26(1)(b), (2), (3), (4), (5), (6), (7), and (8) as follows:
Page 3, Line 271-2-213.3. Transfer of new voter registration records from
Page 4, Line 1department of revenue.
Page 4, Line 2(1) (b) The department of revenue shall continue to offer any
Page 4, Line 3person not
registeredPage 4, Line 4subsection (2) of this section an opportunity to register to vote pursuant
Page 4, Line 5to section 1-2-213, unless they have provided documentation
Page 4, Line 6demonstrating a lack of United States citizenship.
Page 4, Line 7(2) Upon receiving an electronic record for
an individualPage 4, Line 8person who provided documentation that confirmed
his or herPage 4, Line 9citizenship and contains the minimum information to proceed to register
Page 4, Line 10or preregister the
individualPage 4, Line 11provide the pending voter registration information to the county
Page 4, Line 12clerk and recorder of the county in which the person resides. Upon receipt
Page 4, Line 13of a pending voter registration record, the county clerk and recorder
Page 4, Line 14shall determine if the record is complete for the purposes of finalizing
Page 4, Line 15the pending voter registration or preregistration.
Page 4, Line 16(3) If the record is complete for purposes of finalizing pending
Page 4, Line 17voter registration or preregistration, the county clerk and recorder shall
Page 4, Line 18send to the person's address of record, by nonforwardable mail:
Page 4, Line 19(a) If the record is for an eligible elector, notice that
the electorPage 4, Line 20
has been registered to votePage 4, Line 21postage paid pre-addressed return form by which the
electorPage 4, Line 22(I) Decline to be registered as an elector; or
Page 4, Line 23(II) Affiliate with a political party or identify as unaffiliated
Page 4, Line 24with any political party and sign a self-affirmation in the form
Page 4, Line 25required by section 1-2-205; and
Page 4, Line 26(b) If the record is for a person eligible to preregister under
Page 4, Line 27section 1-2-101 (2), notice that
the person has been preregistered and willPage 5, Line 1
be automatically registeredPage 5, Line 2registration upon turning eighteen years
of agePage 5, Line 3postage paid preaddressed return form by which the person may:
Page 5, Line 4(I) Decline to be preregistered or automatically registered;
Page 5, Line 5or
Page 5, Line 6(II) Affiliate with a political party or identify as unaffiliated
Page 5, Line 7with any political party and sign a self-affirmation in the form
Page 5, Line 8required by section 1-2-205.
Page 5, Line 9(4) If the record is not complete for purposes of finalizing
Page 5, Line 10pending voter registration or preregistration, the county clerk and
Page 5, Line 11recorder shall send to the person's address of record, by nonforwardable
Page 5, Line 12mail, notice that the person has not been registered or preregistered to
Page 5, Line 13vote and stating the additional information required to register or
Page 5, Line 14preregister, including any information required by section 1-2-204
Page 5, Line 15and a signed self-affirmation in the form required by section
Page 5, Line 161-2-205. If the person provides the additional information, the person is
Page 5, Line 17registered or preregistered to vote effective as of the date of the person's
Page 5, Line 18application with the department of revenue. If the person does not provide
Page 5, Line 19the additional information necessary to make
his or her applicationPage 5, Line 20pending voter registration information complete and accurate
Page 5, Line 21within twenty-four months after the notification is mailed pursuant to this
Page 5, Line 22subsection (4), the person's pending registration or preregistration
Page 5, Line 23pursuant to subsection (2) of this section is canceled.
Page 5, Line 24(5) A notice mailed under subsection (3) or (4) of this section
Page 5, Line 25must include an explanation, in both English and Spanish, of the
Page 5, Line 26eligibility requirements to register or preregister to vote, and a statement
Page 5, Line 27that, if the person is not eligible, the person should decline to register or
Page 6, Line 1preregister using the preaddressed return form.
Page 6, Line 2(6) The notice provided under subsection (3) or (4) of this section
Page 6, Line 3must include a statement that, if the person declines to register or
Page 6, Line 4preregister to vote, the fact that the person has declined will remain
Page 6, Line 5confidential and will be used only for voter registration statistics
Page 6, Line 6purposes, and a statement that, if a person
remainsPage 6, Line 7preregistered to vote, the office at which the person was registered or
Page 6, Line 8preregistered will remain confidential and will be used only for voter
Page 6, Line 9registration statistics purposes.
Page 6, Line 10(7) (a) (I) If a notice provided under subsections (3)
andPage 6, Line 11this section is returned as undeliverable within twenty days after the
Page 6, Line 12county clerk and recorder mails the notice, the person's pending
Page 6, Line 13registration or preregistration is canceled and the person is deemed to
Page 6, Line 14have never registered or preregistered. If the notice is returned as
Page 6, Line 15undeliverable after twenty days after the county clerk and recorder mails
Page 6, Line 16the notice, the person's pending registration or preregistration is marked
Page 6, Line 17inactive.
Page 6, Line 18(II) Notwithstanding subsection (7)(a)(I) of this section, if a
Page 6, Line 19person votes in an election after the transfer of the person's record
Page 6, Line 20pursuant to subsection (1) of this section but before the notice is
Page 6, Line 21returned as undeliverable, the person's pending registration shall not be
Page 6, Line 22canceled or marked inactive.
Page 6, Line 23(b) If a notice provided under subsection (3) of this section is not
Page 6, Line 24returned within twenty days, the
person is registered or preregistered asPage 6, Line 25
of the date of the person's application at the department of revenue andPage 6, Line 26
the person shall be marked as unaffiliatedPage 6, Line 27registration or preregistration is marked inactive. The county
Page 7, Line 1clerk and recorder may, in their discretion, provide notice of
Page 7, Line 2inactive pending registration or preregistration status and may
Page 7, Line 3pursue finalization of such pending registration or
Page 7, Line 4preregistration in accordance with this section.
Page 7, Line 5(c) If a person returns the form provided under subsection (3) of
Page 7, Line 6this section and declines to be registered or preregistered, including if the
Page 7, Line 7person returns the form and both declines to be registered or preregistered
Page 7, Line 8and also affiliates with a party, the person's pending registration or
Page 7, Line 9preregistration is canceled and the person is deemed to have never
Page 7, Line 10registered or preregistered; except that, if the person
has votedPage 7, Line 11an election,
the return form is of no effect andremainsPage 7, Line 12registered as of the date of the person's application with the department
Page 7, Line 13of revenue.
Page 7, Line 14(d) If a person returns the form provided under subsection (3) of
Page 7, Line 15this section and affiliates with a party or identifies as unaffiliated
Page 7, Line 16and provides the required self-affirmation, the person is registered
Page 7, Line 17or preregistered as of the date of the person's application with the
Page 7, Line 18department of revenue and the person's affiliation shall be marked
Page 7, Line 19effective as of the date the affiliation information was received.
Page 7, Line 20(e) If a person returns the form without marking either the option
Page 7, Line 21to decline or the option to affiliate with a party
the returned form is of noPage 7, Line 22
effect. The person is registered or preregistered as of the date of thePage 7, Line 23
person's application with the department of revenue and shall be markedPage 7, Line 24
as unaffiliatedPage 7, Line 25registration or preregistration is marked inactive. The county
Page 7, Line 26clerk and recorder may, in their discretion, provide notice of
Page 7, Line 27inactive pending registration or preregistration status and may
Page 8, Line 1pursue finalization of such pending registration or
Page 8, Line 2preregistration in accordance with this section.
Page 8, Line 3(8)
After the twenty-day period described in subsection (7) of thisPage 8, Line 4
section passes,Page 8, Line 5preregistered pursuant to this section, including the fact that the person
Page 8, Line 6was registered through a voter registration agency, becomes a registration
Page 8, Line 7record that must be maintained and made available for public inspection
Page 8, Line 8in accordance with section 1-2-227. Information relating to the return of
Page 8, Line 9a notice form by a person declining to be registered or preregistered and
Page 8, Line 10information relating to the specific agency at which a person was
Page 8, Line 11registered pursuant to this section is not a public record subject to public
Page 8, Line 12inspection and shall not be used for any purpose other than voter
Page 8, Line 13registration statistics.
Page 8, Line 14SECTION 3. In Colorado Revised Statutes, 1-2-605, add (1.5)
Page 8, Line 15as follows:
Page 8, Line 161-2-605. Canceling registration - procedures.
Page 8, Line 17(1.5) If an active elector fails to vote in at least one
Page 8, Line 18election conducted by a county clerk and recorder during a
Page 8, Line 19time period that includes two consecutive general elections
Page 8, Line 20held in even-numbered years, then the county clerk and
Page 8, Line 21recorder shall mark the elector's registration record
Page 8, Line 22"Inactive" and mail the elector a confirmation card by which the
Page 8, Line 23elector may verify their status as an active elector in the
Page 8, Line 24county. If the elector verifies their status as an active elector
Page 8, Line 25in the county, the county clerk and recorder shall mark the
Page 8, Line 26elector's registration record "Active". If an elector's
Page 8, Line 27confirmation card is returned by the United States postal
Page 9, Line 1service as undeliverable, the county clerk and recorder shall
Page 9, Line 2proceed with address verification in accordance with subsection
Page 9, Line 3(5) of this section. If the elector fails to respond, the county
Page 9, Line 4clerk and recorder shall leave the registration record of that
Page 9, Line 5elector marked "Inactive".
Page 9, Line 6SECTION 4. Act subject to petition - effective date. This act
Page 9, Line 7takes effect at 12:01 a.m. on the day following the expiration of the
Page 9, Line 8ninety-day period after final adjournment of the general assembly (August
Page 9, Line 912, 2026, if adjournment sine die is on May 13, 2026); except that, if a
Page 9, Line 10referendum petition is filed pursuant to section 1 (3) of article V of the
Page 9, Line 11state constitution against this act or an item, section, or part of this act
Page 9, Line 12within such period, then the act, item, section, or part will not take effect
Page 9, Line 13unless approved by the people at the general election to be held in
Page 9, Line 14November 2026 and, in such case, will take effect on the date of the
Page 9, Line 15official declaration of the vote thereon by the governor.