TrustVoting Atlas

(1) The following rules shall be used to
determine the residence of a person intending to register or to vote in any precinct in this state
and shall be used by election judges in challenge procedures:
(a) (I) The residence of a person is the principal or primary home or place of abode of a
person. A principal or primary home or place of abode is that home or place in which a person's
habitation is fixed and to which that person, whenever absent, has the present intention of
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returning after a departure or absence, regardless of the duration of the absence. Except as
otherwise provided in this section, a residence is a permanent building or part of a building and
may include a house, condominium, apartment, room in a house, or mobile home. No vacant lot
or business address shall be considered a residence.
(I.5) If the residence of an elector is destroyed or becomes uninhabitable, due to a
natural disaster or for any other reason, and the elector has the present intention of returning to
the residence once it is habitable or returning to a newly constructed residence at the same
address, the elector may continue to use the address of the destroyed or uninhabitable residence
as the elector's residence.
(II) For the purpose of voter registration residence, a homeless elector shall identify a
specific location within a county where the elector returns to regularly. This location may
include a homeless shelter, a homeless services provider, a park, a campground, a vacant lot, a
business address, or any other physical location. If the homeless elector's registration residence
does not include a mailing address, the elector shall also provide a mailing address.
(b) In determining what is the principal or primary place of abode of a person, the
following circumstances relating to the person shall be taken into account: Business pursuits,
employment, income sources, residence for income or other tax purposes, age, marital status,
residence of parents, spouse or civil union partner, and children, if any, leaseholds, situs of
personal and real property, existence of any other residences and the amount of time spent at
each residence, and motor vehicle registration.
(c) Repealed.
(d) A person shall not be considered to have gained a residence in this state, or in any
county or municipality in this state, while retaining a home or domicile elsewhere.
(e) If a person moves to any other state with the intention of making it a permanent
residence, that person is considered to have lost Colorado residence after twenty-two days'
absence from this state unless the person has evidenced an intent to retain a residence in this
state by a self-affirmation executed pursuant to section 1-7.5-107 (3)(b.5).
(f) After a person moves from one residence to another and has made the new residence
his or her sole legal place of residence, the person is considered to have residence at the
residence in this state to which the person moved.
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for electors, see § 1-2-101 (1)(b); for emergency registration in certain cases of change of
residence, see § 1-2-217.5.
(2) In 2013, subsections (1)(b), (1)(e), and (1)(f) were 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.