(1) The county clerk and recorder shall ensure that any eligible applicant is registered to vote and has been mailed a ballot in an election if:
In the case of registration with a driver's license application, the valid voter registration application of the applicant is accepted by a driver's license examination facility no later than eight days before the date of an election;
(a.5) In the case of registration through the online voter registration system established pursuant to section 1-2-202.5, the application is submitted no later than the eighth day before the date of the election;
In the case of registration by mail, the valid voter registration application of theapplicant is postmarked not later than eight days before the date of the election;
In the case of registration by mail where the application has no postmark, the date ofregistration is the date that the application is received;
In the case of registration at a voter registration agency, the valid agency voter registration application of the applicant is accepted at the voter registration agency not later than eight days before the date of the election;
In the case of registration through a voter registration drive, the valid voter registration is submitted no later than twenty-two days before an election; and
In any other case, the valid voter registration application of the applicant is receivedby the appropriate county clerk and recorder not later than eight days before the date of the election, except as otherwise permitted by section 1-2-217.7.
(2) (a) The effective date of a voter registration application or change of registration that is completed at the office of the county clerk and recorder or in the presence of a deputy registrar is the date received by the office of the county clerk and recorder or by the registrar.
The effective date of an application or change of registration that is completed at adriver's license examination facility or voter registration agency is the date that the application or change is accepted by the facility or agency.
The effective date of a voter registration application or change of registration that iscompleted by a mail registration form is the date of the postmark or receipt by the county clerk and recorder, whichever is earlier.
The effective date of a voter registration application or change of registration made ata voter service and polling center pursuant to section 1-2-217.7 is the date that the application is made by the elector.
(3) (a) (I) Notwithstanding the voter registration application deadlines contained in this section and this code, a county clerk and recorder shall accept and process a voter registration application received after the deadlines specified in subsection (1) of this section, including applications received through the online voter registration system. Any person who submits a voter registration application within eight days of an election shall be informed that he or she will not receive a mail ballot but may either pick up a ballot in person or vote in person at a voter service and polling center.
(II) It is the general assembly's intent, in enacting this paragraph (a), to use modern technology to maximize the efficiency of operations at voter service and polling centers by allowing the continuous processing of voter registration applications for eligible persons in accordance with this article.
If a voter has already cast a ballot in an election, and submits an application aftercasting the ballot, the county clerk and recorder shall defer processing that voter's application until after the close of the election.
Commencing the fifteenth day before an election through the eighth day before anelection, the county clerk and recorder shall process all voter registration applications and updates to voter registration records that require a new ballot to be sent to an elector within two business days of the receipt of the application or update by the county clerk.
Source: L. 94: Entire part added, p. 1765, § 21, effective January 1, 1995. L. 95: (1) amended and (2) added, p. 826, § 21, effective July 1. L. 97: (1)(c) amended, p. 474, § 13, effective July 1. L. 99: (1)(a) and (1)(c) amended, p. 759, § 13, effective May 20. L. 2013: (1)(a), (1)(b), (1)(d), (1)(e), and (2) amended and (1)(a.5) added, (HB 13-1303), ch. 185, p. 699, § 25, effective May 10. L. 2014: (1)(a), (1)(b), (1)(c), (1)(d), and (1)(e) amended; and (1)(f) and (3) added, (SB 14-161), ch. 160, p. 559, § 10, effective May 9. L. 2020: IP(1) amended and
(3)(c) added, (HB 20-1313), ch. 260, p. 1254, § 1, effective September 14.
Cross references: In 2013, subsections (1)(a), (1)(b), (1)(d), (1)(e), and (2) were amended and subsection (1)(a.5) was added by the "Voter Access and Modernized Elections Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013.