§ 1-7-201 — Voting at primary election

(1) Any registered elector including a
preregistrant who is eligible under section 1-2-101 (2)(c), who has declared an
affiliation with a political party that is participating in a primary election and who
desires to vote for candidates of that party at a primary election shall show
identification, as defined in section 1-1-104 (19.5), write the registered elector's
name and address on a form available at the voter service and polling center, and
give the form to one of the election judges.

(2) If the name is found on the registration list, the election judge having
charge of the list shall likewise repeat the elector's name and present the elector
with the party ballot of the political party affiliation last recorded.

(2.3) An eligible unaffiliated elector, including a preregistrant who is eligible
under section 1-2-101 (2)(c), is entitled to vote in the primary election of a major
political party without affiliating with that political party. To vote in a political
party's primary election without declaring an affiliation with the political party, any
eligible unaffiliated elector shall declare to the election judges the name of the
political party in whose primary election the elector wishes to vote. Thereupon, the
election judges shall deliver the appropriate party ballot to the elector. In addition,
any eligible unaffiliated elector may openly declare to the election judges the name
of the political party with which the elector wishes to affiliate and complete the
necessary forms. An eligible elector must separately date and sign or date and
initial a declaration of affiliation with a political party form in such manner that the
elector clearly acknowledges that the affiliation has been properly recorded.
Thereupon, the election judges shall deliver the appropriate party ballot to the
eligible elector.

(3) Forms completed by eligible electors, as provided in subsection (1) of this
section, shall be returned with other election materials to the county clerk and
recorder. If no challenges have been made, the forms may be destroyed pursuant to
section 1-7-802.

(4) Party ballots shall be cast in the same manner as in general elections. An
elector shall not vote for more candidates for any office than are to be elected at
the general election as indicated on the ballot.

(5) Instead of voting for a candidate whose name is printed on the party
ballot, an elector may cast a write-in vote for any eligible candidate who is a
member of the major political party and who has filed an affidavit of intent of write-in candidacy pursuant to section 1-4-1101. When no candidate has been designated
by an assembly or by petition, a write-in candidate for nomination by any major
political party must receive at least the number of votes at any primary election
that is required by section 1-4-801 (2) to become designated as a candidate by
petition.

(6) The provisions of subsections (1), (2), and (4) of this section shall not
apply to a primary election conducted as a mail ballot election pursuant to article
7.5 of this title.

Legislative History

Source: L. 92: Entire article R&RE, p. 738, � 9, effective January 1, 1993. L. 94: (3) amended, p. 1621, � 2, effective May 31. L. 98: (1), (2), and (5) amended, p. 259, � 12, effective April 13. L. 99: (2) amended, p. 162, � 17, effective August 4. L. 2003: (1) amended, p. 1277, � 3, effective April 22; (1) and (2) amended, p. 1313, � 13, effective April 22. L. 2010: (6) added, (HB 10-1116), ch. 194, p. 833, � 15, effective May 5. L. 2013: (1) amended, (HB 13-1303), ch. 185, p. 720, � 66, effective May 10. Initiated 2016: (2) amended and (2.3) added, Proposition 108, effective upon proclamation of the Governor, December 27, 2016. See L. 2017, p. 2825. L. 2018: (2.3) amended, (SB 18-233), ch. 262, p. 1618, � 42, effective May 29. L. 2019: (1) and (2.3) amended, (HB 19-1278), ch. 326, p. 3028, � 38, effective August 2. L. 2024: (1) amended, (SB 24-210), ch. 468, p. 3251, � 26, effective June 6.