Registration of and voting by persons in custody of division of youth services - definitions.

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(1) In the case of any individual committed to a juvenile facility and in the custody of the division of youth services in the department of human services created in section 19-2-203 (1) who is eighteen years of age or older on the date of the next election, the administrator of the facility in which the individual is committed shall facilitate the registration for voting purposes of, and voting by, the individual. In connection with this requirement, the administrator shall provide the individual information regarding his or her voting rights and how the individual may register to vote and cast a mail ballot, provide the individual with voter information materials upon the request of the individual, and ensure that any mail ballot cast by the individual is timely delivered to the designated election official.

  1. The administrator and the secretary of state shall post the type or kind of verificationsatisfying the requirements of section 1-1-104 (19.5)(d) in a prominent place on the public websites maintained by the department of human services and the secretary, respectively. The secretary shall provide notice to the county clerk and recorders as well as other designated election officials throughout the state that such verification constitutes an acceptable form of identification under section 1-1-104 (19.5) permitting the individuals possessing such identification to register to vote and cast a ballot.

  2. Notwithstanding any other provision of law, an administrator is exempt from anyrestriction under law on the number of mail or mail-in ballots an eligible elector may deliver in person to the designated election official.

  3. The administrator shall forward applications made under this section on a weeklybasis, or on a daily basis during the last week allowed for registration prior to any election, to the county clerk and recorder of the county in which the facility is located, and, if the applicant resides in a different county from the facility, the application must then be forwarded to the county clerk and recorder of the county in which the applicant resides.

  4. As used in this section:

  1. "Administrator" means the administrator, or his or her designee, of the division ofyouth services created in section 19-2-203 (1), a residential facility operated by the division of youth services, or a residential facility that contracts with the division of youth services in which a person committed to the department of human services is confined and eligible to register to vote and cast a ballot.

  2. (I) "Voter information materials" means the following documents, as applicable tothe election for which the individual seeks to register to vote and cast a ballot:

  1. Any forms used to register an elector under this part 2;

  2. An application for a mail ballot pursuant to section 1-13.5-1002;

  3. A copy of a ballot information booklet described in section 1-40-124.5; and(D) Any mailings to electors that are described in section 1-40-125.

(II) Upon an administrator's written request to the legislative council staff or a county clerk and recorder for copies of the documents specified in sub-subparagraph (C) or (D) of subparagraph (I) of this paragraph (b), the legislative council staff or county clerk and recorder, as applicable, shall timely provide copies of the documents to the administrator in a sufficient number to cover the number of individuals who are authorized to register and vote under this section and who are either residing in the administrator's facility or under the supervision of the administrator's program.

Source: L. 2013: Entire section added, (HB 13-1038), ch. 28, p. 67, § 2, effective March

15. L. 2014: (1) and (5)(b)(I)(B) amended, (HB 14-1164), ch. 2, p. 71, § 34, effective February

18. L. 2017: (1) and (5)(a) amended, (HB 17-1329), ch. 381, p. 1968, § 11, effective June 6.

Cross references: For the legislative declaration in HB 14-1164, see section 1 of chapter 2, Session Laws of Colorado 2014.


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