Modifications to Voter Registration

Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED

LLS NO. 26-0596.01 Alison Killen x4350 SENATE BILL 26-058
Senate Committees House Committees
State, Veterans, & Military Affairs
A BILL FOR AN ACT
CONCERNING MODIFICATIONS TO VOTER REGISTRATION , AND , IN101
CONNECTION THEREWITH , ELIMINATING THE AUTOMATIC102
VOTER REGISTRATION PROVISIONS FOR DEFAULT REGISTRATION103
OF ELECTORS AS UNAFFILIATED VOTERS AND REQUIRING THE104
REGISTRATION RECORDS OF ELECTORS WHO FAIL TO VOTE IN105
TWO CONSECUTIVE GENERAL ELECTIONS TO BE MARKED106
INACTIVE.107
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.)
SENATE SPONSORSHIP
Zamora Wilson,
HOUSE SPONSORSHIP
(None),
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law.
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.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. Legislative declaration.2
(1) The general assembly finds and declares that: 3
(a) Colorado's automatic voter registration (AVR) program has4
successfully registered hundreds of thousands of new voters through the5
department of revenue and other voter registration agencies;6
(b) Currently, an elector whose voter registration is initiated7
through AVR is by default registered, or preregistered, as "unaffiliated",8
without the elector's declaration of affiliation or self-affirmation of9
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qualifications;1
(c) Many electors incorrectly believe that the state has actively2
identified them as "unaffiliated" voters and express confusion, frustration,3
and distrust regarding this default classification while working with their4
county clerk and recorder to change their voter registration records;5
(d) The AVR system's "unaffiliated" default also creates an6
administrative burden for county clerks and recorders who assist electors7
in correcting the elector's affiliation on their voter registration records;8
(e) Establishing a pending voter registration status in the AVR9
system clarifies that further action and affirmative elector input is10
required to complete their voter registration record, including declaration11
of party affiliation or identification as unaffiliated; and12
(f) Modifying AVR to clearly identify and properly process13
pending voter registration records increases system transparency, builds14
trust with participants, improves the accuracy of voter registration15
records, and gives county clerks and recorders direction for further16
outreach to potential voters.17
(2) The general assembly further finds and declares that:18
(a) There are over one hundred thousands electors in Colorado19
with "active" voter registration records but who have not voted in at least20
two consecutive general elections held in even-numbered years; and21
(b) Changing the status of these electors to "inactive" is a22
cost-saving measure that will save taxpayers millions of dollars in23
election-related expenses.24
SECTION 2. In Colorado Revised Statutes, 1-2-213.3, amend25
(1)(b), (2), (3), (4), (5), (6), (7), and (8) as follows:26
1-2-213.3. Transfer of new voter registration records from27
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department of revenue.1
(1) (b) The department of revenue shall continue to offer any2
person not registered PENDING REGISTRATION to vote pursuant to3
subsection (2) of this section an opportunity to register to vote pursuant4
to section 1-2-213, unless they have provided documentation5
demonstrating a lack of United States citizenship.6
(2) Upon receiving an electronic record for an individual A7
PERSON who provided documentation that confirmed his or her THEIR8
citizenship and contains the minimum information to PROCEED TO register9
OR PREREGISTER the individual PERSON to vote, the secretary of state shall10
provide the PENDING VOTER REGISTRATION information to the county11
clerk and recorder of the county in which the person resides. Upon receipt12
of a PENDING VOTER REGISTRATION record, the county clerk and recorder13
shall determine if the record is complete for the purposes of FINALIZING14
THE PENDING voter registration OR PREREGISTRATION.15
(3) If the record is complete for purposes of FINALIZING PENDING16
voter registration or preregistration, the county clerk and recorder shall17
send to the person's address of record, by nonforwardable mail:18
(a) If the record is for an eligible elector, notice that the elector19
has been registered to vote VOTER REGISTRATION IS PENDING and a20
postage paid pre-addressed return form by which the elector PERSON may:21
(I) Decline to be registered as an elector; or22
(II) Affiliate with a political party OR IDENTIFY AS UNAFFILIATED23
WITH ANY POLITICAL PARTY AND SIGN A SELF-AFFIRMATION IN THE FORM24
REQUIRED BY SECTION 1-2-205; and25
(b) If the record is for a person eligible to preregister under26
section 1-2-101 (2), notice that the person has been preregistered and will27
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be automatically registered PREREGISTRATION AND AUTOMATIC1
REGISTRATION upon turning eighteen years of age OLD IS PENDING, and a2
postage paid preaddressed return form by which the person may:3
(I) Decline to be preregistered OR AUTOMATICALLY REGISTERED;4
or5
(II) Affiliate with a political party OR IDENTIFY AS UNAFFILIATED6
WITH ANY POLITICAL PARTY AND SIGN A SELF-AFFIRMATION IN THE FORM7
REQUIRED BY SECTION 1-2-205.8
(4) If the record is not complete FOR PURPOSES OF FINALIZING9
PENDING VOTER REGISTRATION OR PREREGISTRATION, the county clerk and10
recorder shall send to the person's address of record, by nonforwardable11
mail, notice that the person has not been registered or preregistered to12
vote and stating the additional information required to register or13
preregister, INCLUDING ANY INFORMATION REQUIRED BY SECTION 1-2-20414
AND A SIGNED SELF -AFFIRMATION IN THE FORM REQUIRED BY SECTION15
1-2-205. If the person provides the additional information, the person is16
registered or preregistered to vote effective as of the date of the person's17
application with the department of revenue. If the person does not provide18
the additional information necessary to make his or her application THE19
PENDING VOTER REGISTRATION INFORMATION complete and accurate20
within twenty-four months after the notification is mailed pursuant to this21
subsection (4), the person's PENDING registration OR PREREGISTRATION22
PURSUANT TO SUBSECTION (2) OF THIS SECTION is canceled.23
(5) A notice mailed under subsection (3) OR (4) of this section24
must include an explanation, in both English and Spanish, of the25
eligibility requirements to register or preregister to vote, and a statement26
that, if the person is not eligible, the person should decline to register OR27
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PREREGISTER using the preaddressed return form.1
(6) The notice provided under subsection (3) OR (4) of this section2
must include a statement that, if the person declines to register or3
preregister to vote, the fact that the person has declined will remain4
confidential and will be used only for voter registration statistics5
purposes, and a statement that, if a person remains IS registered or6
preregistered to vote, the office at which the person was registered or7
preregistered will remain confidential and will be used only for voter8
registration statistics purposes.9
(7) (a) (I) If a notice provided under subsections (3) and OR (4) of10
this section is returned as undeliverable within twenty days after the11
county clerk and recorder mails the notice, the person's PENDING12
registration or preregistration is canceled and the person is deemed to13
have never registered or preregistered. If the notice is returned as14
undeliverable after twenty days after the county clerk and recorder mails15
the notice, the person's PENDING registration or preregistration is marked16
inactive.17
(II) Notwithstanding subsection (7)(a)(I) of this section, if a18
person votes in an election after the transfer of the person's record19
PURSUANT TO SUBSECTION (1) OF THIS SECTION but before the notice is20
returned as undeliverable, the person's PENDING registration shall not be21
canceled or marked inactive.22
(b) If a notice provided under subsection (3) of this section is not23
returned within twenty days, the person is registered or preregistered as24
of the date of the person's application at the department of revenue and25
the person shall be marked as unaffiliated PERSON'S PENDING26
REGISTRATION OR PREREGISTRATION IS MARKED INACTIVE. THE COUNTY27
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CLERK AND RECORDER MAY , IN THEIR DISCRETION , PROVIDE NOTICE OF1
INACTIVE PENDING REGISTRATION OR PREREGISTRATION STATUS AND MAY2
PURSUE FINALIZATION OF SUCH PENDING REGISTRATION OR3
PREREGISTRATION IN ACCORDANCE WITH THIS SECTION.4
(c) If a person returns the form provided under subsection (3) of5
this section and declines to be registered or preregistered, including if the6
person returns the form and both declines to be registered or preregistered7
and also affiliates with a party, the person's PENDING registration or8
preregistration is canceled and the person is deemed to have never9
registered or preregistered; except that, if the person has voted VOTES in10
an election, the return form is of no effect and the person remains IS11
registered as of the date of the person's application with the department12
of revenue.13
(d) If a person returns the form provided under subsection (3) of14
this section and affiliates with a party OR IDENTIFIES AS UNAFFILIATED15
AND PROVIDES THE REQUIRED SELF-AFFIRMATION, the person is registered16
or preregistered as of the date of the person's application with the17
department of revenue and the person's affiliation shall be marked18
effective as of the date the affiliation information was received.19
(e) If a person returns the form without marking either the option20
to decline or the option to affiliate with a party the returned form is of no21
effect. The person is registered or preregistered as of the date of the22
person's application with the department of revenue and shall be marked23
as unaffiliated OR IDENTIFY AS UNAFFILIATED , THE PERSON 'S PENDING24
REGISTRATION OR PREREGISTRATION IS MARKED INACTIVE. THE COUNTY25
CLERK AND RECORDER MAY , IN THEIR DISCRETION , PROVIDE NOTICE OF26
INACTIVE PENDING REGISTRATION OR PREREGISTRATION STATUS AND MAY27
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PURSUE FINALIZATION OF SUCH PENDING REGISTRATION OR1
PREREGISTRATION IN ACCORDANCE WITH THIS SECTION.2
(8) After the twenty-day period described in subsection (7) of this3
section passes, The registration information of a person registered OR4
PREREGISTERED pursuant to this section, including the fact that the person5
was registered through a voter registration agency, becomes a registration6
record that must be maintained and made available for public inspection7
in accordance with section 1-2-227. Information relating to the return of8
a notice form by a person declining to be registered or preregistered and9
information relating to the specific agency at which a person was10
registered pursuant to this section is not a public record subject to public11
inspection and shall not be used for any purpose other than voter12
registration statistics.13
SECTION 3. In Colorado Revised Statutes, 1-2-605, add (1.5)14
as follows:15
1-2-605. Canceling registration - procedures.16
(1.5) I F AN ACTIVE ELECTOR FAILS TO VOTE IN AT LEAST ONE17
ELECTION CONDUCTED BY A COUNTY CLERK AND RECORDER DURING A18
TIME PERIOD THAT INCLUDES TWO CONSECUTIVE GENERAL ELECTIONS19
HELD IN EVEN -NUMBERED YEARS , THEN THE COUNTY CLERK AND20
RECORDER SHALL MARK THE ELECTOR 'S REGISTRATION RECORD21
"INACTIVE" AND MAIL THE ELECTOR A CONFIRMATION CARD BY WHICH THE22
ELECTOR MAY VERIFY THEIR STATUS AS AN ACTIVE ELECTOR IN THE23
COUNTY. IF THE ELECTOR VERIFIES THEIR STATUS AS AN ACTIVE ELECTOR24
IN THE COUNTY , THE COUNTY CLERK AND RECORDER SHALL MARK THE25
ELECTOR'S REGISTRATION RECORD "ACTIVE". IF AN ELECTOR 'S26
CONFIRMATION CARD IS RETURNED BY THE UNITED STATES POSTAL27
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SERVICE AS UNDELIVERABLE, THE COUNTY CLERK AND RECORDER SHALL1
PROCEED WITH ADDRESS VERIFICATION IN ACCORDANCE WITH SUBSECTION2
(5) OF THIS SECTION . IF THE ELECTOR FAILS TO RESPOND , THE COUNTY3
CLERK AND RECORDER SHALL LEAVE THE REGISTRATION RECORD OF THAT4
ELECTOR MARKED "INACTIVE".5
SECTION 4. Act subject to petition - effective date. This act6
takes effect at 12:01 a.m. on the day following the expiration of the7
ninety-day period after final adjournment of the general assembly (August8
12, 2026, if adjournment sine die is on May 13, 2026); except that, if a9
referendum petition is filed pursuant to section 1 (3) of article V of the10
state constitution against this act or an item, section, or part of this act11
within such period, then the act, item, section, or part will not take effect12
unless approved by the people at the general election to be held in13
November 2026 and, in such case, will take effect on the date of the14
official declaration of the vote thereon by the governor.15
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