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Colorado Revised Statutes

Colo. Rev. Stat. § 1-8.5-101 (2026)

Provisional ballot - entitlement to vote

✓ current as of July 2026
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(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.

(3) Repealed.

(4) No elector shall be denied the right to cast a provisional ballot in any election held pursuant to this title.

(5) Repealed.

Source: 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. 165, p. 730, § 7, effective August 5. L. 2013: (1) amended and (3) repealed, (HB 13-1303), ch. 185, p. 744, § 106, effective May 10.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. L. 2021: (5) repealed, (SB 21-250), ch. 282, p. 1650, § 41, effective June 21.

Editor's note: 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FOR: 1,398,577 AGAINST: 1,227,117 Cross references: (1) In 2013, subsection (1) was amended and subsection (3) was repealed by the "Voter Access and Modernized Elections Act".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.

Notes of Decisions
Cited in 1 case, 2010–2010 · leading case: Common Cause of Colorado v. Buescher, 750 F. Supp. 2d 1259 (D. Colo. 2010).
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Common Cause of Colorado v. Buescher, 750 F. Supp. 2d 1259 (D. Colo. 2010). · cites it 2× “Colorado's provisional ballot statute is found at C.R.S. § 1-8.5-101 ff. 8 . I note that the ability to document a “current and valid” address is the also the only prerequisite to voting mandated under HAVA for mail-in registrants.”
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