The Election Division has only limited authority under state and federal laws to remove the names of registered voters from its records. There are specific, restricted situations in which the division is authorized to delete names. Therefore, names sometimes persist within the registration rolls even after people have moved or died.
The Elections Division may delete voters from the rolls when:
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The voter notifies the Elections Division in writing that he or she has moved out of the City and County of Denver. Such notification must contain the voter's signature.
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The voter submits a Withdrawal of Registration form or letter. The withdrawal must contain the signature of the voter.
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The voter moves to another county or state and registers to vote, and the appropriate election official notifies the Election Division of this fact.
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The voter's name appears on the Secretary of State's duplicate registration list. The list shows the voter's name, date of registration, and the affected counties when a voter is registered in two different counties. The older registration record is deleted.
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The voter's name appears on the "Notice of Deceased Electors" list supplied by Denver Medical Services or the Colorado Department of Vital Statistics.
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An immediate family member submits a notice of death, a death certificate, or completes an official Elections Division Notice of Deceased Elector form. This form must contain the signature of an immediate family member of the deceased voter and must state the family relationship of the signer.
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The voter's name is listed on the "Notification of Felony Conviction" list supplied by the Secretary of State.
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Following a lengthy period of voter non-participation and non-communication. After a multi-year process of carrying a voter in an "inactive" status, the Elections Division may remove the voter from the election records. This process takes over four years to complete. A voter must first be classified as inactive. There are several ways in which a voter may become classified as inactive:
- If mail addressed to the voter from the Election Division is returned as undeliverable, or
- If the Elections Division receives notice from the U.S. Postal Service or from the Department of Motor Vehicles that the voter has changed his or her address, or
- If the voter fails to vote in a General Election (even-numbered years).
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Cancellation of Voter Registration Procedure - C.R.S. 1-2-605 (6) (a) "No later than ninety days after any general election, any registered elector whose registration record is marked "Inactive" and who has not previously been mailed a confirmation card shall be mailed a confirmation card by the county clerk and recorder. (b) A confirmation card shall be mailed, shall have a place for an address change, shall be sent by forwardable mail to the elector's address of record, unless the elector has requested that such communication be sent to his or her deliverable mailing address pursuant to section 1-2-204 (k), shall have a returnable portion that has the return postage prepaid and is preaddressed to the sending county clerk and recorder, and shall include a registration form to allow the elector to preregister in the county where the elector resides and to request designation as a permanent mail-in elector pursuant to section 1-8-104.5."
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Cancellation of Voter Registration Procedure - C.R.S. 1-2-605 (7) "If the county clerk and recorder receives no response to the confirmation card and the elector has been designated "Inactive" for two general elections since the confirmation card was mailed pursuant to the requirements of this article, the county clerk and recorder shall cancel the registration record of the elector."
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A successful formal challenge is made. A formal challenge of a voter's registration may be made by any registered voter and can lead to a voter's registration being deleted from the rolls. This process is covered in CRS 1-9-101:
"Any registered elector may, by written challenge, protest against the registration of any person whose name appears in a county registration record. The written challenge shall state the precinct number, the name of the challenged registrant, the basis for such challenge, the facts supporting the challenge, and some documentary evidence to support the basis for the challenge, and shall be filed with the county clerk and recorder no later than sixty days before any election." A formal hearing must be held in which the person bringing the challenge must appear to present proof of the allegations. The voter being challenged must be given the opportunity to appear. "If the county clerk and recorder finds sufficient evidence to support the allegations in the challenge, the registered elector's name shall be canceled from the registration book...."
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