SB12-109

SB12-109 - Maintenance Regular List Regis Electors

Postponed Indefinitely
Concerning Requirements Governing The Regular Maintenance Of Voter Registration Lists.

Section 3 of the bill requires that any registered elector whose registration record has been marked as "Inactive - failed to vote" as of the effective date of the bill from that date forward be deemed to hold the status of an active elector.

Section 4 of the bill authorizes the secretary of state and the county clerk and recorders to periodically conduct a national change of address search on all electors whose names appear in the statewide voter registration list and to continuously update such record to incorporate new information discovered by the search.

Section 5 of the bill changes the phrase "voter information card" to "voter confirmation card" to describe the basic communication between the county clerk and recorder (clerk) to the registered electors of a county in specified circumstances where the clerk is trying to substantiate the status of the elector. Sections 5 and 7 eliminate the voter status of "inactive" and substitute the status of "Inactive - returned mail".

Section 5 of the bill also requires the secretary of state (secretary), not later than 60 days after each general, municipal, primary, and coordinated election, to conduct a national change of address search on all active and inactive electors using the national change of address database. The secretary is required to transmit the data obtained from the search to the appropriate clerk. Upon obtaining data indicating that the elector has moved within the county, the clerk is required input address changes to the statewide voter registration database maintained by the secretary for the purpose of updating the record of each registered elector whose name appears in the database and send a voter confirmation card to the elector to confirm the elector's change of address. Section 5 also specifies that:

  • If the search indicates the elector has moved to a different county in the state since the last general, municipal, primary, or coordinated election, the clerk is required to send a voter confirmation card to the elector at the address indicated by the national change of address search requesting the elector to confirm in writing his or her change of address. The clerk must receive the elector's confirmation in writing that he or she has moved to the new address before the elector's name may be added to the registration records of the elector's new county of residence.
  • If the search indicates the elector has moved outside the state of Colorado since the last general, municipal, primary, or coordinated election, the elector's record on the registration list maintained by the county will be marked "Inactive - returned mail". In such circumstances, the clerk is required to send the elector a voter confirmation card. Upon receiving written confirmation of the address change from the elector, the registration record of the elector will be canceled. If the elector fails to respond to the voter confirmation card and subsequently fails to cast a ballot for 2 consecutive general elections, the registration record of the elector will be canceled.
  • If the elector fails to provide a forwarding address to the county or the forwarding address provided by the elector has expired, the clerk of the county on whose registration list the elector's name appears is required to designate the elector with the status "Inactive - returned mail" and is also required to send the elector a voter confirmation card notifying the elector that he or she has been designated with the status "Inactive - returned mail" and that his or her registration record will be canceled if the elector fails to vote in 2 consecutive general elections. If the elector fails to respond to the voter confirmation card and subsequently fails to cast a ballot for 2 consecutive general elections, the clerk shall cancel the registration record of the elector.

Section 6 of the bill requires the secretary, at least 60 days prior to each general, municipal, primary, and coordinated election, using the national change of address database, to conduct a national change of address search on all electors whose name appears in the statewide voter registration database maintained by the secretary. The secretary is then required to electronically transmit the data obtained from the search to the appropriate clerk. Upon obtaining data indicating that the elector has moved within the county, the clerk is required to input such address changes to the statewide voter registration database for the purpose of updating the record of each registered elector whose name appears in the database and send a voter confirmation card to the elector to confirm the elector's change of address. Section 6 also specifies that:

  • If the search indicates the elector has moved to a different county in the state since the last general election, the clerk is required to send a voter confirmation card to the elector at the address indicated by the national change of address search requesting the elector to confirm in writing his or her change of address. The clerk must receive the elector's confirmation in writing that he or she has moved to the new address before the elector's name may be added to the registration records of the elector's new county of residence.
  • If the search indicates the elector has moved outside the state of Colorado, the elector's record on the registration list maintained by the county will be marked "Inactive - returned mail". In such circumstances, the clerk is required to send the elector a voter confirmation card. Upon receiving written confirmation of the address change from the elector, the registration record of the elector will be canceled. If the elector fails to respond to the voter confirmation card and subsequently fails to cast a ballot for 2 consecutive general elections, the registration record of the elector will be canceled.

Sections 8 and 9 of the bill delete existing statutory provisions that confer the status of "Inactive - failed to vote" upon certain electors in connection with mail ballot elections. Section 9 also changes the status of a registered elector who was sent a mail ballot that is returned as undeliverable from "Inactive - undeliverable" to "Inactive - returned mail". Section 9 also requires the clerk to mail a voter confirmation card to any elector whose ballot was returned by the United States postal service as undeliverable.

Section 10 of the bill requires any eligible elector whose registration record has been marked as "Inactive - failed to vote", whose status has been changed to active, and who had previously selected permanent mail-in voter status to have the status of permanent mail-in voter restored. If a mail ballot sent to a registered elector is returned by the United States postal service as undeliverable, section 10 also requires the clerk to mark the registration record of that elector with the words "Inactive - returned mail". The clerk is further required to mail a voter confirmation card to any elector whose ballot was returned by the United States postal service as undeliverable.

Senate Committees

Latest update: March 28, 2012
03/28/2012 House Committee on Local Government Postpone Indefinitely
03/21/2012 Introduced In House - Assigned to Local Government + Appropriations
03/16/2012 Senate Third Reading Passed
03/15/2012 Senate Second Reading Passed with Amendments
03/13/2012 Senate Second Reading Laid Over Daily
03/09/2012 Senate Committee on Appropriations Refer Amended to Senate Committee of the Whole
02/22/2012 Senate Committee on State, Veterans & Military Affairs Refer Amended to Appropriations
01/31/2012 Introduced In Senate - Assigned to State, Veterans & Military Affairs