(1) (a) When an elector appears in person to vote, a signature card containing the elector's name and residential address, as they appear in the statewide voter registration system created in section 1-2-301, shall be completed.
(b) Except as provided in subsection (4) of this section, an eligible elector desiring to vote in person shall show his or her identification as defined in section 1-1-104 (19.5), verify the information that appears on the signature card, sign the signature card, and give the signature card to one of the election judges. An eligible elector who is unable to write may request assistance from one of the election judges, who shall also sign the signature card and witness the eligible elector's mark. The signature card shall provide:
I, ....................., state under penalty of perjury that I am an eligible elector; that my name and sole legal place of residence are as shown on this signature card; and that I have not nor will I cast a ballot by any other means in this election.
If the eligible elector shows his or her identification within the meaning of section 11-104 (19.5) and the elector's name is found on the registration list or, where applicable, the property owner's list by the election judge in charge, the judge in charge of the pollbook or list shall enter the eligible elector's name, and the eligible elector shall be allowed to enter the immediate voting area. Besides the election officials, no more than four electors more than the number of voting booths shall be allowed within the immediate voting area at one time.
(2.5) If the elector's qualification to vote is established by the completion of an affidavit, and if the affidavit contains all of the information required in subsection (1) of this section, then the designated election official shall consider the affidavit the signature card.
The election judges shall return the signed signature cards with other election materials to the designated election official.
An eligible elector who is unable to produce identification may cast a provisionalballot in accordance with article 8.5 of this title.
An eligible elector who does not reside within the county but wishes to vote at apolling location is entitled to receive a mail ballot or replacement mail ballot that contains the names of candidates for statewide federal and state offices and statewide ballot issues and ballot questions. The secretary of state shall certify the content of the ballot to the county clerk and recorder.
Source: L. 92: Entire article R&RE, p. 735, § 9, effective January 1, 1993. L. 94: (2.5) added, p. 1163, § 34, effective July 1. L. 2003: (1) and (2) amended and (4) added, p. 1277, § 2, effective April 22. L. 2004: (2) amended, p. 1053, § 5, effective May 21; (2) amended, p. 1357, § 16, effective May 28. L. 2005: (4) amended, p. 1404, § 25, effective June 6; (4) amended, p. 1439, § 25, effective June 6. L. 2007: (1) and (2) amended, p. 1978, § 25, effective August 3. L. 2013: (1) amended, (HB 13-1303), ch. 185, p. 719, § 63, effective May 10. L. 2014: (1), (2.5), and (3) amended, (SB 14-161), ch. 160, p. 561, § 13, effective May 9. L. 2019: (5) added, (HB 19-1278), ch. 326, p. 3028, § 36, effective August 2.
Editor's note: (1) This section is similar to former § 1-7-107 as it existed prior to 1992.
(2) Amendments to subsection (2) by Senate Bill 04-213 and House Bill 04-1227 were harmonized.
Cross references: (1) For the legislative declaration contained in the 2004 act amending subsection (2), see section 1 of chapter 334, Session Laws of Colorado 2004.
In 2013, subsection (1) was amended 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.
For the short title ("Colorado Votes Act") in HB 19-1278, see section 1 of chapter326, Session Laws of Colorado 2019.