Colo. Rev. Stat. § 1-2-102. Rules for determining residence

(1) The following rules shall be used to determine the residence of a person intending to register or to vote in any precinct in this state and shall be used by election judges in challenge procedures:

(a) (I) The residence of a person is the principal or primary home or place of abode of a person. A principal or primary home or place of abode is that home or place in which a person's habitation is fixed and to which that person, whenever absent, has the present intention of returning after a departure or absence, regardless of the duration of the absence. A residence is a permanent building or part of a building and may include a house, condominium, apartment, room in a house, or mobile home. No vacant lot or business address shall be considered a residence.

(II) The mailing address of a homeless individual shall constitute that individual's residence for purposes of registering or voting in any precinct in this state. A homeless individual who has no mailing address shall not be eligible to register or to vote. The mailing address of a homeless individual may include a shelter, a homeless service provider, or a private residence, but it may not include a post office box or general delivery at a post office.

(b) In determining what is the principal or primary place of abode of a person, the following circumstances relating to the person shall be taken into account: Business pursuits, employment, income sources, residence for income or other tax purposes, age, marital status, residence of parents, spouse or civil union partner, and children, if any, leaseholds, situs of personal and real property, existence of any other residences and the amount of time spent at each residence, and motor vehicle registration.

(c) The residence given for voting purposes shall be the same as the residence given for motor vehicle registration and for state income tax purposes.

(d) A person shall not be considered to have gained a residence in this state, or in any county or municipality in this state, while retaining a home or domicile elsewhere.

(e) If a person moves to any other state with the intention of making it a permanent residence, that person is considered to have lost Colorado residence after twenty-two days' absence from this state unless the person has evidenced an intent to retain a residence in this state by a self-affirmation executed pursuant to section 1-7.5-107 (3) (b.5).

(f) After a person moves from one residence to another and has made the new residence his or her sole legal place of residence, the person is considered to have residence at the residence in this state to which the person moved.

HISTORY: Source: L. 92: Entire article R&RE, p. 636, § 2, effective January 1, 1993.L. 94: (1)(e) and (1)(f) amended, p. 1752, § 5, effective January 1, 1995.L. 96: (1)(a) and (1)(e) amended, pp. 1734, 1773, § § 8, 77, effective July 1.L. 2013: (1)(b), (1)(e), and (1)(f) amended, (HB 13-1303), ch. 185, p. 687, § 7, effective May 10.L. 2014: (1)(f) amended, (SB 14-161), ch. 160, p. 555, § 2, effective May 9.

C.R.S. 1-2-102