Second Regular Session
Seventy-third General Assembly
STATE OF COLORADO
REREVISED
This Version Includes All Amendments
Adopted in the Second House
LLS NO. 22-0865.01 Jason Gelender x4330
SENATE BILL 22-152
Senate Committees House Committees
State, Veterans, & Military Affairs State, Civic, Military, & Veterans Affairs
A BILL FOR AN ACT
C
ONCERNING AUTHORIZATION FOR A PERSON WHOSE RESIDENCE IS101
DESTROYED OR BECOMES UNINHABITABLE TO CONTINUE TO USE102
THE ADDRESS OF THE RESIDENCE AS THE PERSON 'S RESIDENCE103
FOR PURPOSES OF VOTING IF THE PERSON INTENDS TO RETURN104
TO THE RESIDENCE ONCE IT IS REPLACED OR BECOMES105
HABITABLE.106
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
The bill allows a person whose residence has been destroyed or
HOUSE
3rd Reading Unamended
April 1, 2022
HOUSE
2nd Reading Unamended
March 31, 2022
SENATE
3rd Reading Unamended
March 21, 2022
SENATE
2nd Reading Unamended
March 18, 2022
SENATE SPONSORSHIP
Fenberg and Jaquez Lewis, Bridges, Buckner, Coleman, Cooke, Donovan, Fields, Ginal,
Gonzales, Hansen, Hisey, Holbert, Kirkmeyer, Kolker, Lee, Liston, Lundeen, Moreno,
Pettersen, Priola, Rankin, Rodriguez, Simpson, Smallwood, Story, Winter, Woodward,
Zenzinger
HOUSE SPONSORSHIP
Gray and Bernett, Amabile, Bacon, Bird, Boesenecker, Daugherty, Duran, Esgar, Exum,
Froelich, Jodeh, Kennedy, Kipp, Lindsay, Lontine, McCluskie, McLachlan, Michaelson
Jenet, Mullica, Pico, Ricks, Roberts, Snyder, Sullivan, Tipper, Titone, Valdez D., Weissman,
Woodrow, Young
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing statute.
Dashes through the words indicate deletions from existing statute. rendered uninhabitable by a natural disaster or by other means to maintain
residency for purposes of voting at the address of the destroyed residence
if the person intends to return to the residence once it is replaced or
becomes habitable. In such a case, the person's residence given for motor
vehicle registration and for state income tax purposes is not required to
be the same as the person's residence for voting purposes.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 1-2-102, amend2
(1)(a)(I) and (1)(c); and add (1)(a)(I.5) as follows:3
1-2-102. Rules for determining residence. (1) The following4
rules shall be used to determine the residence of a person intending to5
register or to vote in any precinct in this state and shall be used by6
election judges in challenge procedures:7
(a) (I) The residence of a person is the principal or primary home8
or place of abode of a person. A principal or primary home or place of9
abode is that home or place in which a person's habitation is fixed and to10
which that person, whenever absent, has the present intention of returning11
after a departure or absence, regardless of the duration of the absence.12
E
XCEPT AS OTHERWISE PROVIDED IN THIS SECTION , a residence is a13
permanent building or part of a building and may include a house,14
condominium, apartment, room in a house, or mobile home. No vacant lot15
or business address shall be considered a residence.16
(I.5) I
F THE RESIDENCE OF AN ELECTOR IS DESTROYED OR BECOMES17
UNINHABITABLE, DUE TO A NATURAL DISASTER OR FOR ANY OTHER18
REASON, AND THE ELECTOR HAS THE PRESENT INTENTION OF RETURNING19
TO THE RESIDENCE ONCE IT IS HABITABLE OR RETURNING TO A NEWLY20
CONSTRUCTED RESIDENCE AT THE SAME ADDRESS , THE ELECTOR MAY21
CONTINUE TO USE THE ADDRESS OF THE DESTROYED OR UNINHABITABLE22
152-2- RESIDENCE AS THE ELECTOR'S RESIDENCE.1
(c) The residence given for voting purposes shall be the same as2
the residence given for motor vehicle registration and for state income tax3
purposes;
EXCEPT THAT THIS SUBSECTION (1)(c) DOES NOT APPLY TO AN4
ELECTOR USING THE ADDRESS OF A DESTROYED OR UNI NHABITABLE5
RESIDENCE AS THE ELECTOR 'S RESIDENCE PURSUANT TO SUBSECTION6
(1)(a)(I.5)
OF THIS SECTION.7
SECTION 2. In Colorado Revised Statutes, 1-2-204, amend8
(2)(b) as follows:9
1-2-204. Questions answered by elector - rules. (2) In addition,10
each elector shall correctly answer the following:11
(b) The elector's place of residence, including municipal address12
with street number or, if there is no street number, by legal description of13
the land upon which the residence sits, including lot, block, addition,14
division, or subdivision, as applicable. In all other cases, the residence15
shall be described by the section or subdivision in the township and range16
as established and numbered by the United States government survey. If17
the place of residence is an apartment house, rooming house, dormitory,18
hotel, or motel, the number of the floor and the number of the apartment19
or room shall also be given. E
XCEPT AS ALLOWED BY SECTION 1-2-10220
(1)(a), no vacant lot or business address shall be considered a residence.21
A post office box number shall not be used as a place of residence for the22
purposes of this subsection (2).23
SECTION 3. In Colorado Revised Statutes, 31-10-201, add (3)(f)24
as follows:25
31-10-201. Qualifications of municipal electors. (3) The judges26
of election, in determining the residence of a person offering to vote, shall27
152
-3- be governed by the following rules, so far as they may be applicable:1
(f) I
F THE RESIDENCE OF A PERSON IS DESTROYED OR BECOMES2
UNINHABITABLE, DUE TO A NATURAL DISASTER OR FOR ANY OTHER3
REASON, AND THE PERSON HAS THE PRESENT INTENTION OF RETURNING TO4
THE RESIDENCE ONCE IT IS HABITABLE OR RETURNING TO A NEWLY5
CONSTRUCTED RESIDENCE AT THE SAME ADDRESS , THE PERSON MAY6
CONTINUE TO USE THE ADDRESS OF THE DESTROYED OR UNINHABITABLE7
RESIDENCE AS THE PERSON'S RESIDENCE FOR PURPOSES OF THIS SECTION.8
T
HE RESIDENCE GIVEN FOR MOTOR VEHICLE REGISTRATION AND FOR STATE9
INCOME TAX PURPOSES MAY BE DIFFERENT FROM THE ADDRESS GIVEN FOR10
VOTING PURPOSES PURSUANT TO THIS SUBSECTION (3)(f).11
SECTION 4. Safety clause. The general assembly hereby finds,12
determines, and declares that this act is necessary for the immediate13
preservation of the public peace, health, or safety.14
152
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