Colorado 2022 Regular Session

Colorado Senate Bill SB152 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	Second Regular Session
	2	+	Seventy-third General Assembly
	3	+	STATE OF COLORADO
	4	+	REREVISED
	5	+	This Version Includes All Amendments
	6	+	Adopted in the Second House
	7	+	LLS NO. 22-0865.01 Jason Gelender x4330
1	8		SENATE BILL 22-152
2		-	BY SENATOR(S) Fenberg and Jaquez Lewis, Bridges, Buckner, Coleman,
3		-	Cooke, Donovan, Fields, Ginal, Gonzales, Hansen, Hisey, Holbert,
4		-	Kirkmeyer, Kolker, Lee, Liston, Lundeen, Moreno, Pettersen, Priola,
5		-	Rankin, Rodriguez, Simpson, Smallwood, Story, Winter, Woodward,
6		-	Zenzinger;
7		-	also REPRESENTATIVE(S) Gray and Bernett, Amabile, Bacon, Bird,
8		-	Boesenecker, Daugherty, Duran, Esgar, Exum, Froelich, Jodeh, Kennedy,
9		-	Kipp, Lindsay, Lontine, McCluskie, McLachlan, Michaelson Jenet, Mullica,
10		-	Pico, Ricks, Roberts, Snyder, Sullivan, Tipper, Titone, Valdez D.,
11		-	Weissman, Woodrow, Young.
	9	+	Senate Committees House Committees
	10	+	State, Veterans, & Military Affairs State, Civic, Military, & Veterans Affairs
	11	+	A BILL FOR AN ACT
12	12		C
13		-	ONCERNING AUTHORIZATION FOR A PERSON WHOSE RESIDENCE IS
14		-	DESTROYED OR BECOMES UNINHABITABLE TO CONTINUE TO USE THE
15		-	ADDRESS OF THE RESIDENCE AS THE PERSON
16		-	'S RESIDENCE FOR
17		-	PURPOSES OF VOTING IF THE PERSON INTENDS TO RETURN TO THE
18		-	RESIDENCE ONCE IT IS REPLACED OR BECOMES HABITABLE
19		-	.
20		-	Be it enacted by the General Assembly of the State of Colorado:
21		-	SECTION 1. In Colorado Revised Statutes, 1-2-102, amend
22		-	(1)(a)(I) and (1)(c); and add (1)(a)(I.5) as follows:
23		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
24		-	officers and the Governor. To determine whether the Governor has signed the bill
25		-	or taken other action on it, please consult the legislative status sheet, the legislative
26		-	history, or the Session Laws.
27		-	________
28		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
29		-	through words or numbers indicate deletions from existing law and such material is not part of
30		-	the act. 1-2-102. Rules for determining residence. (1) The following rules
31		-	shall be used to determine the residence of a person intending to register or
32		-	to vote in any precinct in this state and shall be used by election judges in
33		-	challenge procedures:
34		-	(a) (I) The residence of a person is the principal or primary home or
35		-	place of abode of a person. A principal or primary home or place of abode
36		-	is that home or place in which a person's habitation is fixed and to which
37		-	that person, whenever absent, has the present intention of returning after a
38		-	departure or absence, regardless of the duration of the absence. E
39		-	XCEPT AS
40		-	OTHERWISE PROVIDED IN THIS SECTION
41		-	, a residence is a permanent building
42		-	or part of a building and may include a house, condominium, apartment,
43		-	room in a house, or mobile home. No vacant lot or business address shall
44		-	be considered a residence.
	13	+	ONCERNING AUTHORIZATION FOR A PERSON WHOSE RESIDENCE IS101
	14	+	DESTROYED OR BECOMES UNINHABITABLE TO CONTINUE TO USE102
	15	+	THE ADDRESS OF THE RESIDENCE AS THE PERSON 'S RESIDENCE103
	16	+	FOR PURPOSES OF VOTING IF THE PERSON INTENDS TO RETURN104
	17	+	TO THE RESIDENCE ONCE IT IS REPLACED OR BECOMES105
	18	+	HABITABLE.106
	19	+	Bill Summary
	20	+	(Note: This summary applies to this bill as introduced and does
	21	+	not reflect any amendments that may be subsequently adopted. If this bill
	22	+	passes third reading in the house of introduction, a bill summary that
	23	+	applies to the reengrossed version of this bill will be available at
	24	+	http://leg.colorado.gov
	25	+	.)
	26	+	The bill allows a person whose residence has been destroyed or
	27	+	HOUSE
	28	+	3rd Reading Unamended
	29	+	April 1, 2022
	30	+	HOUSE
	31	+	2nd Reading Unamended
	32	+	March 31, 2022
	33	+	SENATE
	34	+	3rd Reading Unamended
	35	+	March 21, 2022
	36	+	SENATE
	37	+	2nd Reading Unamended
	38	+	March 18, 2022
	39	+	SENATE SPONSORSHIP
	40	+	Fenberg and Jaquez Lewis, Bridges, Buckner, Coleman, Cooke, Donovan, Fields, Ginal,
	41	+	Gonzales, Hansen, Hisey, Holbert, Kirkmeyer, Kolker, Lee, Liston, Lundeen, Moreno,
	42	+	Pettersen, Priola, Rankin, Rodriguez, Simpson, Smallwood, Story, Winter, Woodward,
	43	+	Zenzinger
	44	+	HOUSE SPONSORSHIP
	45	+	Gray and Bernett, Amabile, Bacon, Bird, Boesenecker, Daugherty, Duran, Esgar, Exum,
	46	+	Froelich, Jodeh, Kennedy, Kipp, Lindsay, Lontine, McCluskie, McLachlan, Michaelson
	47	+	Jenet, Mullica, Pico, Ricks, Roberts, Snyder, Sullivan, Tipper, Titone, Valdez D., Weissman,
	48	+	Woodrow, Young
	49	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	50	+	Capital letters or bold & italic numbers indicate new material to be added to existing statute.
	51	+	Dashes through the words indicate deletions from existing statute. rendered uninhabitable by a natural disaster or by other means to maintain
	52	+	residency for purposes of voting at the address of the destroyed residence
	53	+	if the person intends to return to the residence once it is replaced or
	54	+	becomes habitable. In such a case, the person's residence given for motor
	55	+	vehicle registration and for state income tax purposes is not required to
	56	+	be the same as the person's residence for voting purposes.
	57	+	Be it enacted by the General Assembly of the State of Colorado:1
	58	+	SECTION 1. In Colorado Revised Statutes, 1-2-102, amend2
	59	+	(1)(a)(I) and (1)(c); and add (1)(a)(I.5) as follows:3
	60	+	1-2-102. Rules for determining residence. (1) The following4
	61	+	rules shall be used to determine the residence of a person intending to5
	62	+	register or to vote in any precinct in this state and shall be used by6
	63	+	election judges in challenge procedures:7
	64	+	(a) (I) The residence of a person is the principal or primary home8
	65	+	or place of abode of a person. A principal or primary home or place of9
	66	+	abode is that home or place in which a person's habitation is fixed and to10
	67	+	which that person, whenever absent, has the present intention of returning11
	68	+	after a departure or absence, regardless of the duration of the absence.12
	69	+	E
	70	+	XCEPT AS OTHERWISE PROVIDED IN THIS SECTION , a residence is a13
	71	+	permanent building or part of a building and may include a house,14
	72	+	condominium, apartment, room in a house, or mobile home. No vacant lot15
	73	+	or business address shall be considered a residence.16
45	74		(I.5) I
46		-	F THE RESIDENCE OF AN ELECTOR IS DESTROYED OR BECOMES
47		-	UNINHABITABLE
48		-	, DUE TO A NATURAL DISASTER OR FOR ANY OTHER REASON ,
49		-	AND THE ELECTOR HAS THE PRESENT INTENTION OF RETURNING TO THE
50		-	RESIDENCE ONCE IT IS HABITABLE OR RETURNING TO A NEWLY CONSTRUCTED
51		-	RESIDENCE AT THE SAME ADDRESS
52		-	, THE ELECTOR MAY CONTINUE TO USE THE
53		-	ADDRESS OF THE DESTROYED OR UNINHABITABLE RESIDENCE AS THE
54		-	ELECTOR
55		-	'S RESIDENCE.
56		-	(c) The residence given for voting purposes shall be the same as the
57		-	residence given for motor vehicle registration and for state income tax
	75	+	F THE RESIDENCE OF AN ELECTOR IS DESTROYED OR BECOMES17
	76	+	UNINHABITABLE, DUE TO A NATURAL DISASTER OR FOR ANY OTHER18
	77	+	REASON, AND THE ELECTOR HAS THE PRESENT INTENTION OF RETURNING19
	78	+	TO THE RESIDENCE ONCE IT IS HABITABLE OR RETURNING TO A NEWLY20
	79	+	CONSTRUCTED RESIDENCE AT THE SAME ADDRESS , THE ELECTOR MAY21
	80	+	CONTINUE TO USE THE ADDRESS OF THE DESTROYED OR UNINHABITABLE22
	81	+	152-2- RESIDENCE AS THE ELECTOR'S RESIDENCE.1
	82	+	(c) The residence given for voting purposes shall be the same as2
	83	+	the residence given for motor vehicle registration and for state income tax3
58	84		purposes;
59		-	EXCEPT THAT THIS SUBSECTION (1)(c) DOES NOT APPLY TO AN
60		-	ELECTOR USING THE ADDRESS OF A DESTROYED OR UNINHABITABLE
61		-	RESIDENCE AS THE ELECTOR
62		-	'S RESIDENCE PURSUANT TO SUBSECTION
63		-	(1)(a)(I.5) OF THIS SECTION.
64		-	SECTION 2. In Colorado Revised Statutes, 1-2-204, amend (2)(b)
65		-	as follows:
66		-	1-2-204. Questions answered by elector - rules. (2) In addition,
67		-	each elector shall correctly answer the following:
68		-	(b) The elector's place of residence, including municipal address
69		-	with street number or, if there is no street number, by legal description of
70		-	the land upon which the residence sits, including lot, block, addition,
71		-	division, or subdivision, as applicable. In all other cases, the residence shall
72		-	PAGE 2-SENATE BILL 22-152 be described by the section or subdivision in the township and range as
73		-	established and numbered by the United States government survey. If the
74		-	place of residence is an apartment house, rooming house, dormitory, hotel,
75		-	or motel, the number of the floor and the number of the apartment or room
76		-	shall also be given. E
77		-	XCEPT AS ALLOWED BY SECTION 1-2-102 (1)(a), no
78		-	vacant lot or business address shall be considered a residence. A post office
79		-	box number shall not be used as a place of residence for the purposes of this
80		-	subsection (2).
81		-	SECTION 3. In Colorado Revised Statutes, 31-10-201, add (3)(f)
82		-	as follows:
83		-	31-10-201. Qualifications of municipal electors. (3) The judges
84		-	of election, in determining the residence of a person offering to vote, shall
85		-	be governed by the following rules, so far as they may be applicable:
	85	+	EXCEPT THAT THIS SUBSECTION (1)(c) DOES NOT APPLY TO AN4
	86	+	ELECTOR USING THE ADDRESS OF A DESTROYED OR UNI NHABITABLE5
	87	+	RESIDENCE AS THE ELECTOR 'S RESIDENCE PURSUANT TO SUBSECTION6
	88	+	(1)(a)(I.5)
	89	+	OF THIS SECTION.7
	90	+	SECTION 2. In Colorado Revised Statutes, 1-2-204, amend8
	91	+	(2)(b) as follows:9
	92	+	1-2-204. Questions answered by elector - rules. (2) In addition,10
	93	+	each elector shall correctly answer the following:11
	94	+	(b) The elector's place of residence, including municipal address12
	95	+	with street number or, if there is no street number, by legal description of13
	96	+	the land upon which the residence sits, including lot, block, addition,14
	97	+	division, or subdivision, as applicable. In all other cases, the residence15
	98	+	shall be described by the section or subdivision in the township and range16
	99	+	as established and numbered by the United States government survey. If17
	100	+	the place of residence is an apartment house, rooming house, dormitory,18
	101	+	hotel, or motel, the number of the floor and the number of the apartment19
	102	+	or room shall also be given. E
	103	+	XCEPT AS ALLOWED BY SECTION 1-2-10220
	104	+	(1)(a), no vacant lot or business address shall be considered a residence.21
	105	+	A post office box number shall not be used as a place of residence for the22
	106	+	purposes of this subsection (2).23
	107	+	SECTION 3. In Colorado Revised Statutes, 31-10-201, add (3)(f)24
	108	+	as follows:25
	109	+	31-10-201. Qualifications of municipal electors. (3) The judges26
	110	+	of election, in determining the residence of a person offering to vote, shall27
	111	+	152
	112	+	-3- be governed by the following rules, so far as they may be applicable:1
86	113		(f) I
87		-	F THE RESIDENCE OF A PERSON IS DESTROYED OR BECOMES
88		-	UNINHABITABLE
89		-	, DUE TO A NATURAL DISASTER OR FOR ANY OTHER REASON ,
90		-	AND THE PERSON HAS THE PRESENT INTENTION OF RETURNING TO THE
91		-	RESIDENCE ONCE IT IS HABITABLE OR RETURNING TO A NEWLY CONSTRUCTED
92		-	RESIDENCE AT THE SAME ADDRESS
93		-	, THE PERSON MAY CONTINUE TO USE THE
94		-	ADDRESS OF THE DESTROYED OR UNINHABITABLE RESIDENCE AS THE
95		-	PERSON
96		-	'S RESIDENCE FOR PURPOSES OF THIS SECTION. THE RESIDENCE GIVEN
97		-	FOR MOTOR VEHICLE REGISTRATION AND FOR STATE INCOME TAX PURPOSES
98		-	MAY BE DIFFERENT FROM THE ADDRESS GIVEN FOR VOTING PURPOSES
99		-	PURSUANT TO THIS SUBSECTION
100		-	(3)(f).
101		-	SECTION 4. Safety clause. The general assembly hereby finds,
102		-	PAGE 3-SENATE BILL 22-152 determines, and declares that this act is necessary for the immediate
103		-	preservation of the public peace, health, or safety.
104		-	____________________________ ____________________________
105		-	Steve Fenberg Alec Garnett
106		-	PRESIDENT OF SPEAKER OF THE HOUSE
107		-	THE SENATE OF REPRESENTATIVES
108		-	____________________________ ____________________________
109		-	Cindi L. Markwell Robin Jones
110		-	SECRETARY OF CHIEF CLERK OF THE HOUSE
111		-	THE SENATE OF REPRESENTATIVES
112		-	APPROVED________________________________________
113		-	(Date and Time)
114		-	_________________________________________
115		-	Jared S. Polis
116		-	GOVERNOR OF THE STATE OF COLORADO
117		-	PAGE 4-SENATE BILL 22-152
	114	+	F THE RESIDENCE OF A PERSON IS DESTROYED OR BECOMES2
	115	+	UNINHABITABLE, DUE TO A NATURAL DISASTER OR FOR ANY OTHER3
	116	+	REASON, AND THE PERSON HAS THE PRESENT INTENTION OF RETURNING TO4
	117	+	THE RESIDENCE ONCE IT IS HABITABLE OR RETURNING TO A NEWLY5
	118	+	CONSTRUCTED RESIDENCE AT THE SAME ADDRESS , THE PERSON MAY6
	119	+	CONTINUE TO USE THE ADDRESS OF THE DESTROYED OR UNINHABITABLE7
	120	+	RESIDENCE AS THE PERSON'S RESIDENCE FOR PURPOSES OF THIS SECTION.8
	121	+	T
	122	+	HE RESIDENCE GIVEN FOR MOTOR VEHICLE REGISTRATION AND FOR STATE9
	123	+	INCOME TAX PURPOSES MAY BE DIFFERENT FROM THE ADDRESS GIVEN FOR10
	124	+	VOTING PURPOSES PURSUANT TO THIS SUBSECTION (3)(f).11
	125	+	SECTION 4. Safety clause. The general assembly hereby finds,12
	126	+	determines, and declares that this act is necessary for the immediate13
	127	+	preservation of the public peace, health, or safety.14
	128	+	152
	129	+	-4-