(1) At any election conducted pursuant to this title, a voter claiming to be properly registered but whose qualification or entitlement to vote cannot be immediately established upon examination of the registration list or upon examination of the records on file with the county clerk and recorder by election judges at the polling location is entitled to cast a provisional ballot in accordance with this article.
An elector who desires to vote but does not show identification in accordance withsection 1-7-110 (2) may cast a provisional ballot.
Repealed.
No elector shall be denied the right to cast a provisional ballot in any election heldpursuant to this title.
Any unaffiliated elector at a primary election may cast a regular party ballot uponrequesting such ballot from an election judge in accordance with section 1-7-201 (2.3). Any unaffiliated elector at a primary election may also cast a regular party ballot upon openly declaring to the election judge the name of the political party with which the elector wishes to affiliate pursuant to section 1-2-218.5 or 1-7-201. Nothing in this section requires a minor political party to allow an unaffiliated elector to vote in the primary election of such political party.
Source: L. 2005: Entire article added, p. 1415, § 39, effective June 6; entire article added, p. 1450, § 39, effective June 6. L. 2007: (3) amended, p. 1794, § 54, effective June 1. L. 2009: (3) amended and (5) added, (HB 09-1216), ch. 165, p. 730, § 7, effective August 5. L. 2013: (1) amended and (3) repealed, (HB 13-1303), ch. 185, p. 744, § 106, effective May 10. Initiated 2016: (5) amended, Proposition 108, effective upon proclamation of the Governor, December 27, 2016. See L. 2017, p. 2827.
Editor's note: This section was amended by initiative in 2016. The vote count on Proposition 108 at the general election held November 8, 2016, was as follows:
FOR: 1,398,577
AGAINST: 1,227,117
Cross references: (1) In 2013, subsection (1) was amended and subsection (3) was repealed by the "Voter Access and Modernized Elections Act".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.
(2) For the declaration of the people of Colorado in Proposition 108, see section 1 on p. 2822, Session Laws of Colorado 2017.