(1)
For the purposes of registration, voting, and eligibility for office, no person gains residence by reason of that person's presence, or loses it by reason of absence, while in the civil or military service of the state or of the United States; while a student at any institution of higher education; or while confined in a correctional facility, jail, or state institution if the person is not serving a sentence for a felony conviction.
(2)
The provisions of subsection (1) of this section notwithstanding, no person otherwise qualified under the provisions of this code shall be denied the right to register or to vote at any election held within this state solely because that person is a student at an institution of higher education.
(3)
No provision in this section shall apply in the determination of residence or residence status of students for any college or university purpose.
(4)
No person while serving a sentence of detention or confinement in a correctional facility, jail, or other location for a felony conviction is eligible to register to vote or to vote in any election. A confined prisoner who is awaiting trial but has not been tried or who is not serving a sentence for a felony conviction shall be certified by the institutional administrator, may register to vote pursuant to this article 2, and may list his or her confinement location as his or her ballot address in accordance with section
1-2-204
(2)
(f.3). An individual serving a sentence of parole is eligible to register to vote and to vote in any election.
(5)
A person confined in a state institution for persons with behavioral or mental health disorders shall not lose the right to vote because of the confinement.
History
Amended by
2019
Ch.
283
,
§
3
, eff.
7/1/2019
.
Amended by
2018
Ch.
262
,
§
3
, eff.
5/29/2018
.
Amended by
2017
Ch.
263
,
§
29
, eff.
5/25/2017
.
L. 92: Entire article R&RE, p. 637, § 2, effective January 1, 1993. L. 95: (4) amended, p. 821, § 6, effective July 1. L. 2005: (4) amended, p. 1395, § 5, effective June 6; (4) amended, p. 1430, § 5, effective June 6. L. 2006: (5) amended, p. 1394, § 29, effective August 7. L. 2017: (5) amended, (SB 17-242), ch. 1262, p. 1262, § 29, effective May 25. L. 2018: (1) and (4) amended, (SB 18-233), ch. 1604, p. 1604, § 3, effective May 29. L. 2019: (4) amended, (HB 19-1266), ch. 2643, p. 2643, § 3, effective July 1.
Editor's Note
This section is similar to former § 1-2-103 as it existed prior to 1992.