§ 1-2-102 — Rules for determining residence

Colorado § 1-2-102

• Jurisdiction: Colorado
• Title 01: Elections
• Art.: Qualifications and Registration of Electors

Text

(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 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(c) Repealed.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.

Legislative History

Source: L. 92: Entire article R&RE, p. 636, � 2, effective January 1, 1993. L. 94: (1)(e) and (1)(f) amended, p. 1752, � 5, effective January 1, 1995. L. 96: (1)(a) and (1)(e) amended, pp. 1734, 1773, �� 8, 77, effective July 1. L. 2013: (1)(b), (1)(e), and (1)(f) amended, (HB 13-1303), ch. 185, p. 687, � 7, effective May 10. L. 2014: (1)(f) amended, (SB 14-161), ch. 160, p. 555, � 2, effective May 9. L. 2018: (1)(a)(II) amended, (SB 18-233), ch. 262, p. 1603, � 2, effective May 29. L. 2022: (1)(a)(I) and (1)(c) amended and (1)(a)(I.5) added, (SB 22-152), ch. 100, p. 476, � 1, effective April 13. L. 2023: (1)(c) repealed, (SB 23-276), ch. 399, p. 2371, � 2, effective June 6.