Section 1-8.5-101 - Provisional ballot - entitlement to vote(1) At any election conducted pursuant to this title, a voter claiming to be properly registered but whose qualification or entitlement to vote cannot be immediately established upon examination of the registration list or upon examination of the records on file with the county clerk and recorder by election judges at the polling location is entitled to cast a provisional ballot in accordance with this article.(2) An elector who desires to vote but does not show identification in accordance with section 1-7-110(2) may cast a provisional ballot.(4) No elector shall be denied the right to cast a provisional ballot in any election held pursuant to this title.Amended by 2021 Ch. 282,§ 41, eff. 6/21/2021.Amended by 2016 Proposition 108, effective upon proclamation of the Governor, 12/27/2016.Amended by 2013 Ch. 185,§ 106, eff. 5/10/2013.L. 2005: Entire article added, p. 1415, § 39, effective June 6; entire article added, p. 1450, § 39, effective June 6. L. 2007: (3) amended, p. 1794, § 54, effective June 1. L. 2009: (3) amended and (5) added, (HB 09-1216), ch. 730, p. 730, § 7, effective August 5. L. 2013: (1) amended and (3) repealed, (HB 13-1303), ch. 744, p. 744, § 106, effective May 10. Initiated 2016: (5) amended, Proposition 108, effective upon proclamation of the Governor, December 27, 2016. See L. 2017, p. 2827. (1) This section was amended by initiative in 2016. The vote count on Proposition 108 at the general election held November 8, 2016, was as follows:
FOR: 1,398,577
AGAINST: 1,227,117
(2) Section 85 of chapter 282 (SB 21-250), Session Laws of Colorado 2021, provides that the act changing this section applies to elections conducted on or after June 21, 2021.
(1) In 2013, subsection (1) was amended and subsection (3) was repealed by the "Voter Access and Modernized Elections Act".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. (2) For the declaration of the people of Colorado in Proposition 108, see section 1 on p. 2822, Session Laws of Colorado 2017.