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Colorado Statutes § 1-2-222 Errors in recording of affiliation

⤴ Up to Article 2: Qualifications and Registration of Electors

Statute Text

(1) If an elector goes to the elector's legal voting place to vote at any primary election or to the office of the county clerk and recorder and contends that an error has been made in the recording of the elector's affiliation in the statewide voter registration system or that the affiliation has been unlawfully changed or withdrawn, the election judges or the county clerk and recorder shall allow the elector to make and sign an affidavit, which shall be substantially in the form provided in subsection (4) of this section. Any election judge or the county clerk and recorder has authority to administer the oath and take the acknowledgment of the elector's affidavit. When the affidavit is completed, the county clerk and recorder shall make the change as specified in the affidavit using the date provided by the elector on the affidavit as the new affiliation date.
(2) (Deleted by amendment, L. 99 , p. 159 , § 5 , effective August 4, 1999.)
(3) For the purposes of determining the eligibility of candidates for nomination in accordance with sections 1-4-601 (4)(a) and 1-4-801 (4) , the eligibility of persons to vote at any precinct caucus, assembly, or convention in accordance with section 1-3-101 , or the eligibility of persons to sign petitions in accordance with section 1-4-801 (2) , the date of declaration of the party affiliation of the elector must be the date which the elector alleges by affidavit to be the correct date of affiliation.
(4) Printed affidavit forms must be furnished to the election judges of the various election precincts. The affidavit form must be substantially as follows:
STATE OF COLORADO
)
)
ss.
County of ...........................................................
)
I, ...................., believing an error has been made as to the recording of my party affiliation, or a change unlawfully made, or a withdrawal unlawfully made in the statewide voter registration system, do solemnly swear, or affirm, that the party affiliation as now shown in the statewide voter registration system is an error, or has been unlawfully changed, or has been unlawfully withdrawn and that my correct party affiliation should be .................... instead of .................... and request that the party affiliation be corrected in the statewide voter registration system. My correct affiliation was made on or before .................... (date).
Dated ....................
Signed ....................
Subscribed and sworn to before me this ........... day of ..............., 20....
..................................................................
Election Judge or County Clerk
County ......................................................

History

Amended by 2021 Ch. 282 , § 9 , eff. 6/21/2021 .

Amended by 2016 Ch. 173 , § 16 , eff. 5/18/2016 .

L. 92: Entire article R&RE, p. 654, § 2, effective January 1, 1993. L. 93: (3) amended, p. 1765, § 1, effective June 6. L. 99: (1) and (2) amended, p. 159, § 5, effective August 4. L. 2016: (1) and (4) amended, (SB 16-142), ch. 571, p. 571, § 16, effective May 18.

Editor's Note

(1) This section is similar to former § 1-2-220 as it existed prior to 1992.
(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.

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