Modifications to Voter Registration

Second Regular Session Seventy-fifth General Assembly STATE OF COLORADO INTRODUCED SENATE BILL 26-058 LLS NO. 26-0596.01 Alison Killen x4350 SENATE SPONSORSHIP Zamora Wilson, HOUSE SPONSORSHIP (None), Senate Committees House Committees State, Veterans, & Military Affairs A BILL FOR AN ACT CONCERNING MODIFICATIONS TO VOTER REGISTRATION, AND, IN CONNECTION THEREWITH, ELIMINATING THE AUTOMATIC VOTER REGISTRATION PROVISIONS FOR DEFAULT REGISTRATION OF ELECTORS AS UNAFFILIATED VOTERS AND REQUIRING THE REGISTRATION RECORDS OF ELECTORS WHO FAIL TO VOTE IN TWO CONSECUTIVE GENERAL ELECTIONS TO BE MARKED INACTIVE.

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.) 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:

SECTION 1. Legislative declaration.

(1) The general assembly finds and declares that:

(a) Colorado's automatic voter registration (AVR) program has successfully registered hundreds of thousands of new voters through the department of revenue and other voter registration agencies;

(b) Currently, an elector whose voter registration is initiated through AVR is by default registered, or preregistered, as "unaffiliated", without the elector's declaration of affiliation or self-affirmation of qualifications;

(c) Many electors incorrectly believe that the state has actively identified them as "unaffiliated" voters and express confusion, frustration, and distrust regarding this default classification while working with their county clerk and recorder to change their voter registration records;

(d) The AVR system's "unaffiliated" default also creates an administrative burden for county clerks and recorders who assist electors in correcting the elector's affiliation on their voter registration records;

(e) Establishing a pending voter registration status in the AVR system clarifies that further action and affirmative elector input is required to complete their voter registration record, including declaration of party affiliation or identification as unaffiliated; and

(f) Modifying AVR to clearly identify and properly process pending voter registration records increases system transparency, builds trust with participants, improves the accuracy of voter registration records, and gives county clerks and recorders direction for further outreach to potential voters.

(2) The general assembly further finds and declares that:

(a) There are over one hundred thousands electors in Colorado with "active" voter registration records but who have not voted in at least two consecutive general elections held in even-numbered years; and

(b) Changing the status of these electors to "inactive" is a cost-saving measure that will save taxpayers millions of dollars in election-related expenses.

SECTION 2. In Colorado Revised Statutes, 1-2-213.3, amend (1)(b), (2), (3), (4), (5), (6), (7), and (8) as follows: 1-2-213.3. Transfer of new voter registration records from department of revenue.

(1) (b) The department of revenue shall continue to offer any person not registered PENDING REGISTRATION to vote pursuant to subsection (2) of this section an opportunity to register to vote pursuant to section 1-2-213, unless they have provided documentation demonstrating a lack of United States citizenship.

(2) Upon receiving an electronic record for an individual A PERSON who provided documentation that confirmed his or her THEIR citizenship and contains the minimum information to PROCEED TO register OR PREREGISTER the individual PERSON to vote, the secretary of state shall provide the PENDING VOTER REGISTRATION information to the county clerk and recorder of the county in which the person resides. Upon receipt of a PENDING VOTER REGISTRATION record, the county clerk and recorder shall determine if the record is complete for the purposes of FINALIZING THE PENDING voter registration OR PREREGISTRATION.

(3) If the record is complete for purposes of FINALIZING PENDING voter registration or preregistration, the county clerk and recorder shall send to the person's address of record, by nonforwardable mail:

(a) If the record is for an eligible elector, notice that the elector has been registered to vote VOTER REGISTRATION IS PENDING and a postage paid pre-addressed return form by which the elector PERSON may:

(I) Decline to be registered as an elector; or

(II) Affiliate with a political party OR IDENTIFY AS UNAFFILIATED WITH ANY POLITICAL PARTY AND SIGN A SELF-AFFIRMATION IN THE FORM REQUIRED BY SECTION 1-2-205; and

(b) If the record is for a person eligible to preregister under section 1-2-101 (2), notice that the person has been preregistered and will be automatically registered REGISTRATION upon turning eighteen years of age OLD IS PENDING, and a postage paid preaddressed return form by which the person may:

PREREGISTRATION AND AUTOMATIC

(I) Decline to be preregistered OR AUTOMATICALLY REGISTERED; or

(II) Affiliate with a political party OR IDENTIFY AS UNAFFILIATED WITH ANY POLITICAL PARTY AND SIGN A SELF-AFFIRMATION IN THE FORM REQUIRED BY SECTION 1-2-205.

(4) If the record is not complete FOR PURPOSES OF FINALIZING PENDING VOTER REGISTRATION OR PREREGISTRATION, the county clerk and recorder shall send to the person's address of record, by nonforwardable mail, notice that the person has not been registered or preregistered to vote and stating the additional information required to register or preregister, INCLUDING ANY INFORMATION REQUIRED BY SECTION 1-2-204 AND A SIGNED SELF-AFFIRMATION IN THE FORM REQUIRED BY SECTION

1-2-205. If the person provides the additional information, the person is registered or preregistered to vote effective as of the date of the person's application with the department of revenue. If the person does not provide the additional information necessary to make his or her application THE PENDING VOTER REGISTRATION INFORMATION complete and accurate within twenty-four months after the notification is mailed pursuant to this subsection (4), the person's PENDING registration OR PREREGISTRATION PURSUANT TO SUBSECTION (2) OF THIS SECTION is canceled.

(5) A notice mailed under subsection (3) OR (4) of this section must include an explanation, in both English and Spanish, of the eligibility requirements to register or preregister to vote, and a statement that, if the person is not eligible, the person should decline to register OR PREREGISTER using the preaddressed return form.

(6) The notice provided under subsection (3) OR (4) of this section must include a statement that, if the person declines to register or preregister to vote, the fact that the person has declined will remain confidential and will be used only for voter registration statistics purposes, and a statement that, if a person remains IS registered or preregistered to vote, the office at which the person was registered or preregistered will remain confidential and will be used only for voter registration statistics purposes.

(7) (a) (I) If a notice provided under subsections (3) and OR (4) of this section is returned as undeliverable within twenty days after the county clerk and recorder mails the notice, the person's PENDING registration or preregistration is canceled and the person is deemed to have never registered or preregistered. If the notice is returned as undeliverable after twenty days after the county clerk and recorder mails the notice, the person's PENDING registration or preregistration is marked inactive.

(II) Notwithstanding subsection (7)(a)(I) of this section, if a person votes in an election after the transfer of the person's record PURSUANT TO SUBSECTION (1) OF THIS SECTION but before the notice is returned as undeliverable, the person's PENDING registration shall not be canceled or marked inactive.

(b) If a notice provided under subsection (3) of this section is not returned within twenty days, the person is registered or preregistered as of the date of the person's application at the department of revenue and the person shall be marked as unaffiliated REGISTRATION OR PREREGISTRATION IS MARKED INACTIVE. THE COUNTY PERSON'S PENDING CLERK AND RECORDER MAY, IN THEIR DISCRETION, PROVIDE NOTICE OF INACTIVE PENDING REGISTRATION OR PREREGISTRATION STATUS AND MAY PURSUE PREREGISTRATION IN ACCORDANCE WITH THIS SECTION.

FINALIZATION OF SUCH PENDING REGISTRATION OR

(c) If a person returns the form provided under subsection (3) of this section and declines to be registered or preregistered, including if the person returns the form and both declines to be registered or preregistered and also affiliates with a party, the person's PENDING registration or preregistration is canceled and the person is deemed to have never registered or preregistered; except that, if the person has voted VOTES in an election, the return form is of no effect and the person remains IS registered as of the date of the person's application with the department of revenue.

(d) If a person returns the form provided under subsection (3) of this section and affiliates with a party OR IDENTIFIES AS UNAFFILIATED AND PROVIDES THE REQUIRED SELF-AFFIRMATION, the person is registered or preregistered as of the date of the person's application with the department of revenue and the person's affiliation shall be marked effective as of the date the affiliation information was received.

(e) If a person returns the form without marking either the option to decline or the option to affiliate with a party the returned form is of no effect. The person is registered or preregistered as of the date of the person's application with the department of revenue and shall be marked as unaffiliated OR IDENTIFY AS UNAFFILIATED, THE PERSON'S PENDING REGISTRATION OR PREREGISTRATION IS MARKED INACTIVE. THE COUNTY CLERK AND RECORDER MAY, IN THEIR DISCRETION, PROVIDE NOTICE OF INACTIVE PENDING REGISTRATION OR PREREGISTRATION STATUS AND MAY PURSUE PREREGISTRATION IN ACCORDANCE WITH THIS SECTION.

FINALIZATION OF SUCH PENDING REGISTRATION OR

(8) After the twenty-day period described in subsection (7) of this section passes, The registration information of a person registered OR PREREGISTERED pursuant to this section, including the fact that the person was registered through a voter registration agency, becomes a registration record that must be maintained and made available for public inspection in accordance with section 1-2-227. Information relating to the return of a notice form by a person declining to be registered or preregistered and information relating to the specific agency at which a person was registered pursuant to this section is not a public record subject to public inspection and shall not be used for any purpose other than voter registration statistics.

SECTION 3. In Colorado Revised Statutes, 1-2-605, add (1.5) as follows:

1-2-605. Canceling registration - procedures.

(1.5) IF AN ACTIVE ELECTOR FAILS TO VOTE IN AT LEAST ONE ELECTION CONDUCTED BY A COUNTY CLERK AND RECORDER DURING A TIME PERIOD THAT INCLUDES TWO CONSECUTIVE GENERAL ELECTIONS HELD IN EVEN-NUMBERED YEARS, THEN THE COUNTY CLERK AND RECORDER SHALL MARK THE ELECTOR'S REGISTRATION RECORD "INACTIVE" AND MAIL THE ELECTOR A CONFIRMATION CARD BY WHICH THE ELECTOR MAY VERIFY THEIR STATUS AS AN ACTIVE ELECTOR IN THE COUNTY. IF THE ELECTOR VERIFIES THEIR STATUS AS AN ACTIVE ELECTOR IN THE COUNTY, THE COUNTY CLERK AND RECORDER SHALL MARK THE ELECTOR'S CONFIRMATION CARD IS RETURNED BY THE UNITED STATES POSTAL REGISTRATION RECORD "ACTIVE". IF AN ELECTOR'S SERVICE AS UNDELIVERABLE, THE COUNTY CLERK AND RECORDER SHALL PROCEED WITH ADDRESS VERIFICATION IN ACCORDANCE WITH SUBSECTION

(5) OF THIS SECTION. IF THE ELECTOR FAILS TO RESPOND, THE COUNTY CLERK AND RECORDER SHALL LEAVE THE REGISTRATION RECORD OF THAT ELECTOR MARKED "INACTIVE".

SECTION 4. Act subject to petition - effective date. This act takes effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly (August 12, 2026, if adjournment sine die is on May 13, 2026); except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part will not take effect unless approved by the people at the general election to be held in November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.