(1) Subject to compliance with all applicable federal laws and regulations, the
department of health care policy and financing shall provide to the secretary of
state, on a schedule established by the secretary of state, electronic records
containing the full name, date of birth, residence address, deliverable mailing
address if different from the residence address, and county of residence for each
registered and unregistered eligible elector who applies for medical assistance as
defined in section 25.5-4-103 (13); except that the department of state shall not use
the record of a person who is a program participant in the Address Confidentiality
Program Act, part 21 of article 30 of title 24, for voter registration purposes.
(2) If available, the department of health care policy and financing shall also
provide, for each eligible elector, an electronic copy of the elector's signature and
the eligible elector's valid Colorado driver's license or identification card number or
the last four digits of the elector's social security number.
(3) Upon receiving the electronic record for an unregistered eligible elector
that includes all of the information in subsection (1) of this section and either the
elector's valid Colorado driver's license or identification card number or the last
four digits of the elector's social security number in accordance with subsection (2)
of this section, the secretary of state shall provide the information to the county
clerk and recorder of the county in which the elector resides. Upon receipt of a
record, the county clerk and recorder shall determine if the record is complete for
the purposes of voter registration. If the record is not complete, 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 to vote and stating the additional
information required to register. If the person provides the additional information,
the person is registered to vote effective on the date of the person's application
with the department of health care policy and financing. If the person does not
provide the additional information necessary to make his or her application
complete and accurate within twenty-four months after the notification is mailed
pursuant to this subsection (3), the person's registration is canceled.
(4) If the record is complete for purposes of voter registration, the county
clerk and recorder shall send to the person's address of record, by nonforwardable
mail, notice that the person has been registered to vote and a postage paid
preaddressed return form by which the person may:
(a) Decline to be registered as an elector; or
(b) Affiliate with a political party; and
(c) Provide a signature if, at the time the elector applied for medical
assistance, the person did not use a Colorado driver's license or identification
number and did not provide an electronic copy of their signature. The form must
include information on how the elector can upload a signature electronically.
(5) A notice mailed under subsection (4) of this section must include an
explanation, in both English and Spanish, of the eligibility requirements to register
to vote, and a statement that, if the person is not eligible, the person should decline
to register using the preaddressed return form.
(6) The notice provided under subsection (4) of this section must include a
statement that, if a person declines to register to vote, the fact that the person has
declined to register will remain confidential and will be used only for voter
registration statistics purposes, and a statement that, if the person remains
registered to vote, the office at which the person was registered will remain
confidential and will be used only for voter registration statistics purposes.
(7) (a) (I) If a notice provided under subsections (3) and (4) of this section is
returned as undeliverable within twenty days after the county clerk and recorder
mails the notice, the person's registration is canceled and the person is deemed to
have never registered. If the notice is returned as undeliverable after twenty days
after the county clerk and recorder mails the notice, the person's registration 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 but before the notice is returned
as undeliverable, the person's registration shall not be canceled or marked inactive.
(b) If a notice provided under subsection (4) of this section is not returned
within twenty days, or if the person returns the form and provides a signature but
does not affiliate with a party, the person is registered as of the date of the
person's application with the department of health care policy and financing and
the person shall be marked as unaffiliated.
(c) If a person returns the form provided under subsection (4) of this section
and declines to be registered, including if the person returns the form and both
declines to be registered and also affiliates with a party or provides a signature for
registration, the person's registration is canceled and the person is deemed to have
never registered; except that, if the person has voted in an election, the returned
form is of no effect and the person remains registered as of the date of the person's
application with the department of health care policy and financing.
(d) If a person returns the form provided under subsection (4) of this section
and affiliates with a party, the person is registered as of the date of the person's
application with the department of health care policy and financing 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 selecting any option, the returned
form is of no effect. The person is registered as of the date of the person's
application with the department of health care policy and financing and shall be
marked as unaffiliated.
(7.5) (a) Subject to compliance with all applicable federal laws and
regulations, the department of health care policy and financing shall provide to the
secretary of state, on a schedule established by the secretary of state, notice of
any registered elector who informs the department of a change of name or address.
Upon receiving notice of the change of name or address, the secretary of state shall
provide the information to the county clerk and recorder of the county in which the
elector resides.
(b) The county clerk and recorder of the county in which the elector resides
shall change the registration record of the elector to reflect the change of name
and address, mark the registration record as active, and send to the elector's
address of record, by forwardable mail, notice of the change, a postage paid
preaddressed return form by which the elector may verify or correct the
information, and information on how the elector can return a signature or upload a
signature electronically if the elector does not have a signature on file.
(c) If the elector returns the form described in subsection (7.5)(b) of this
section and indicates that the change was in error, the appropriate county clerk and
recorder shall immediately correct the elector's previously updated information in
the statewide voter registration database.
(8) After the twenty-day period described in subsection (7) of this section
passes, the registration information of a person registered 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 and information
relating to the specific agency at which a person was registered pursuant to this
section is not a public record subject to inspection and shall not be used for any
purpose other than voter registration statistics.
(9) 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.