TrustVoting Atlas

(1) The secretary or secretary's designee
of any tribal council of an Indian tribe located on a federal reservation serves as a deputy
registrar only for registration purposes for the county in which the reservation is located. The
secretary of the tribal council or the secretary's designee shall register any eligible elector
residing in any precinct in the county who provides information sufficient to complete a voter
registration application to the secretary of the tribal council at any time during which registration
is permitted in the office of the county clerk and recorder. The secretary of the tribal council
shall forward the registration records to the county clerk and recorder, either in person or by
certified mail, on or before the fifteenth day of each month; except that, within twenty-two days
before an election, the secretary of the tribal council shall appear in person or transmit daily to
deliver any registration records to the county clerk and recorder. Within eight days before an
election, the secretary of the tribal council shall accept an application and inform the applicant
that he or she must go to a voter service and polling center in order to vote in that election.
(2) An eligible elector who lives on an Indian reservation, but who does not have a
residence address recognized by the United States postal service, may register to vote using, as
his or her residence address, the address of the tribal council headquarters or any other address
approved by the secretary of the tribal council.
(3) The tribe, upon approval from the tribal council, may provide to the secretary of
state's office a list of tribal members eligible to vote in an election conducted pursuant to this
title 1. The secretary of state and the tribal council must determine and agree upon the format for
the tribal membership list. The secretary of state may promulgate rules to effectuate the sharing
of this information with the appropriate Colorado counties to register to vote tribal members or
update existing registrations of tribal members if the tribal address is more recent than the
address on file with the secretary of state for that tribal member. The tribal council may
supplement the tribal membership list at any time. Ninety days prior to each general election, the
secretary of state must invite, in writing, the tribal council to supplement the tribal membership
list, and the tribal council may update the list at its discretion. The tribal membership list may
only be used for election-related purposes.
(4) Upon receiving an electronic record for an individual who provides documentation
that confirms the individual's citizenship and contains the minimum information to register the
individual to vote, the secretary of state shall provide the information to the county clerk and
recorder of the county in which the individual resides. Upon receipt of a record, the county clerk
and recorder shall determine if the record is complete for the purposes of voter registration or
preregistration.
(5) If the record is complete for purposes of voter registration or preregistration, the
county clerk and recorder shall send to the individual'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 and a postage paid pre-addressed return form by which the elector may:
(I) Decline to be registered as an elector; or
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(II) Affiliate with a political party; and
(b) If the record is for an individual eligible to preregister under section 1-2-101 (2),
notice that the individual has been preregistered and will be automatically registered upon
turning eighteen years of age, and a postage paid pre-addressed return form by which the
individual may:
(I) Decline to be preregistered; or
(II) Affiliate with a political party.
(6) If the record is not complete, the county clerk and recorder shall send to the
individual's address of record, by nonforwardable mail, notice that the individual has not been
registered or preregistered to vote and stating the additional information required to register or
preregister. If the individual provides the additional information, the individual is registered or
preregistered to vote effective as of the date that the county used the list provided by the
secretary of the tribal council to register the individual to vote. If the individual does not provide
the additional information necessary to make the individual's application complete and accurate
within twenty-four months after the notification is mailed pursuant to this subsection (6), the
individual's registration is canceled.
(7) A notice mailed pursuant to subsection (5) of this section must include an
explanation in English of the eligibility requirements to register or preregister to vote, and a
statement that, if the individual is not eligible, the individual should decline to register using the
pre-addressed return form.
(8) The notice provided pursuant to subsection (5) of this section must include a
statement that, if an individual declines to register or preregister to vote, the declination will
remain confidential and will be used only for voter registration statistics purposes, and a
statement that, if an individual remains registered or preregistered to vote, the office at which the
individual was registered or preregistered will remain confidential and will be used only for
voter registration statistics purposes.
(9) (a) (I) If a notice provided under subsections (5) and (6) of this section is returned as
undeliverable within twenty days after the county clerk and recorder mails the notice, the
individual's registration or preregistration is canceled and the individual 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 individual's registration or preregistration is
marked inactive.
(II) Notwithstanding subsection (9)(a)(I) of this section, if an individual votes in an
election after the transfer of the individual's record but before the notice is returned as
undeliverable, the individual's registration shall not be canceled or marked inactive.
(b) If a notice provided pursuant to subsection (5) of this section is not returned within
twenty days, the individual is registered or preregistered as of the date that the county used the
list provided by the secretary of the tribal council to register the individual to vote and the
individual shall be marked as unaffiliated.
(c) If an individual returns the form provided pursuant to subsection (5) of this section
and declines to be registered or preregistered, including if the individual returns the form and
both declines to be registered or preregistered and also affiliates with a party, the individual's
registration or preregistration is canceled and the individual is deemed to have never registered
or preregistered; except that, if the individual has voted in an election, the return form is of no
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effect and the individual remains registered as of the date that the county used the list provided
by the secretary of the tribal council to register the individual to vote.
(d) If an individual returns the form provided under subsection (5) of this section and
affiliates with a party, the individual is registered or preregistered as of the date that the county
used the list provided by the secretary of the tribal council to register the individual to vote and
the individual's affiliation shall be marked effective as of the date the affiliation information was
received.
(e) If an individual 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 individual is registered or
preregistered as of the date that the county used the list provided by the secretary of the tribal
council to register the individual to vote and shall be marked as unaffiliated.
(10) After the twenty-day period described in subsection (9) of this section passes, the
registration information of an individual registered pursuant to this section 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 an
individual declining to be registered or preregistered is not a public record subject to public
inspection and shall not be used for any purpose other than voter registration statistics.
(11) This section does not preclude the state from complying with its obligations under
the federal "National Voter Registration Act of 1993", 52 U.S.C. sec. 20501 et seq., as amended;
the federal "Voting Rights Act of 1965", 52 U.S.C. sec. 10101 et seq., as amended; the federal
"Help America Vote Act of 2002", 52 U.S.C. sec. 20901 et seq., as amended; or any other
applicable federal laws.