Colorado Legislature

SB26-058 Modifications to Voter Registration

Written by Scott James

SB26-058 replaces default “unaffiliated” automatic voter registration with a pending status until a voter confirms intent, party choice (or unaffiliated), and self-affirmation. It also requires county clerks to mark voters inactive after missing two consecutive even-year general elections and mail a confirmation card to reactivate.

Bill Summary

SB26-058 modifies Colorado’s automatic voter registration (AVR) process so a person is not default-registered as “unaffiliated” when they apply for a driver’s license or ID. Instead, the bill creates a “pending” voter registration or preregistration record that becomes active only after the person affirms their intent to register, provides a party affiliation (or affirmatively chooses unaffiliated), and signs the standard self-affirmation.

The bill also requires county clerks and recorders to mark an active voter “inactive” if they do not vote in any election conducted by the county clerk during a time period that includes two consecutive general elections held in even-numbered years. The clerk must mail a confirmation card that allows the voter to verify and restore active status.

  • Replaces default “unaffiliated” AVR with a pending registration or preregistration status.
  • Finalizes a pending record only after affirmative intent, party choice (or unaffiliated), and the required self-affirmation are provided.
  • Cancels a pending record if the mailed notice is returned undeliverable within 20 days; marks it inactive if returned undeliverable after 20 days.
  • Marks pending records inactive if the notice is not returned or the response is incomplete, and allows clerks, at their discretion, to do additional outreach to finalize the record.
  • Requires marking a voter “inactive” after missing two consecutive even-year general elections (within the bill’s defined period) and mailing a confirmation card to restore active status.

Position: Support

Voter registration should be clear, affirmative, and accurate. Government should not guess a person’s political status because a box got missed at a DMV counter.

SB26-058 moves Colorado toward voter rolls that are earned, not assumed, and that matters for confidence in elections. A clean process beats a clever one. (And it usually costs less staff time in the long run.)

Why I Am Taking This Position

County election offices are right to flag the operational side of this bill. When the state changes procedure, counties often pick up the work, and election work runs on deadlines, not wishes.

But the core premise here is sound. The bill’s own legislative declaration points to confusion and distrust created when AVR results in a default “unaffiliated” classification without an elector’s declaration or self-affirmation. A pending status is more honest: it tells the voter and the clerk that more information is needed before the record is finalized.

SB26-058 also draws an important line: if someone wants to be unaffiliated, that is fine, but it should be an affirmative choice. Same for party affiliation. The state should not insert a default into something as personal as a voter’s political status.

On list maintenance, marking a voter “inactive” after two consecutive even-year general elections is not the same as canceling their registration. The bill requires a confirmation card and provides a clear path to return to active status. That is a reasonable balance: protect access while keeping records accurate and current.

Call to Action – What You Should Do!

Contact your state senator and state representative. Tell them you want voter registration that is clear and affirmative, not built on default classifications, and that you support reasonable list maintenance that keeps the rolls accurate without canceling eligible voters.

Read the bill

About the author

Scott James

A 4th generation Northern Colorado native, Scott K. James is a veteran broadcaster, professional communicator, and principled leader. Widely recognized for his thoughtful, common-sense approach to addressing issues that affect families, businesses, and communities, Scott, his wife, Julie, and son, Jack, call Johnstown, Colorado, home. A former mayor of Johnstown, James is a staunch defender of the Constitution and the rule of law, the free market, and the power of the individual. Scott has delighted in a lifetime of public service and continues that service as a Weld County Commissioner representing District 2.

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