(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(c) Repealed.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.
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.
Editor's note: This section is similar to former � 1-2-102 as it existed prior to 1992.
Cross references: (1) For change of residence, see � 1-2-216; for penalty for voting by giving false information regarding place of residence, see � 1-2-228; for residency requirement for electors, see � 1-2-101 (1)(b); for emergency registration in certain cases of change of residence, see � 1-2-217.5.
(2) In 2013, subsections (1)(b), (1)(e), and (1)(f) were amended by the Voter Access and Modernized Elections Act. For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013.
1-2-103. Military service - students - inmates - persons with behavioral or mental health disorders - confinement. (1) For the purposes of registration, voting, and eligibility for office, no person gains residence by reason of that person's presence, or loses it by reason of absence, while in the civil or military service of the state or of the United States; while a student at any institution of higher education; or while confined in a correctional facility, jail, or state institution if the person is not serving a sentence for a felony conviction.
(2) The provisions of subsection (1) of this section notwithstanding, no person otherwise qualified under the provisions of this code shall be denied the right to register or to vote at any election held within this state solely because that person is a student at an institution of higher education.
(3) No provision in this section shall apply in the determination of residence or residence status of students for any college or university purpose.
(4) No person while serving a sentence of detention or confinement in a correctional facility, jail, or other location for a felony conviction is eligible to register to vote or to vote in any election. A confined prisoner who is awaiting trial but has not been tried or who is not serving a sentence for a felony conviction shall be certified by the institutional administrator, may register to vote pursuant to this article 2, and may list his or her confinement location as his or her ballot address in accordance with section 1-2-204 (2)(f.3). An individual serving a sentence of parole is eligible to register to vote and to vote in any election.
(5) A person confined in a state institution for persons with behavioral or mental health disorders shall not lose the right to vote because of the confinement.
Source: L. 92: Entire article R&RE, p. 637, � 2, effective January 1, 1993. L. 95: (4) amended, p. 821, � 6, effective July 1. L. 2005: (4) amended, p. 1395, � 5, effective June 6; (4) amended, p. 1430, � 5, effective June 6. L. 2006: (5) amended, p. 1394, � 29, effective August 7. L. 2017: (5) amended, (SB 17-242), ch. 263, p. 1262, � 29, effective May 25. L. 2018: (1) and (4) amended, (SB 18-233), ch. 262, p. 1604, � 3, effective May 29. L. 2019: (4) amended, (HB 19-1266), ch. 283, p. 2643, � 3, effective July 1.
Editor's note: This section is similar to former � 1-2-103 as it existed prior to 1992.
Cross references: (1) For when residence does not change because of presence in the state as a student, inmate, or due to civil or military service, see � 4 of art. VII, Colo. Const.; for disfranchisement during imprisonment, see � 10 of art. VII, Colo. Const.
(2) For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017. For the legislative declaration in HB 19-1266, see section 1 of chapter 283, Session Laws of Colorado 2019.