Colorado 2026 Regular Session Status: Enacted 29 D cosponsors

HB 1113 — Modifications to Elections

Last action — Governor Signed

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 03, 2026. Enacted.

Signed by Governor Jared Polis (Democratic) on June 01, 2026.

Prognosis

Likely to advance 66% · moderate confidence
  • Enacted

    Current position in the legislative process.

  • 42 sponsors

    4 primary, 38 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (29 D).

  • Mixed recorded votes

    21 passed, 2 failed in recorded votes so far.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

In plain language

The bill modifies various aspects of election procedures and regulations.

This legislation updates the 'Uniform Election Code of 1992' by changing aspects of voter registration, qualifications, election conduct, and election oversight. It includes new provisions for emergency situations, expands access to election information, and alters rules regarding election judges and candidates.

What this means for you
  • Voters: Voters will benefit from clearer election procedures and expanded access to voting information.
  • Students: Students at higher education institutions will receive better information on voting and registration processes.
  • Election Officials: Election officials will have updated guidelines and tools to manage elections more effectively.

Summary

The act modifies the 'Uniform Election Code of 1992' (code) as follows:Regarding elections generally, includes in the definition of 'identification' for purposes of the code a division of youth services identification card or written correspondence from a county sheriff to the county clerk indicating that an elector is confined in a county jail or detention facility; repeals the definition of 'political party district'; modifies the definition of 'video security surveillance recording' to include a system in which continuous recording is triggered when motion is detected; modifies the definition of 'watcher' to prohibit a person from being selected as a watcher if the person has been convicted of certain election offenses or of committing or conspiracy to commit certain federal offenses; if the governor declares a disaster emergency due to the inability to strictly comply with the code, allows the secretary of state (secretary) to adopt rules for the proper administration of an election and requires the governor to establish an election emergency advisory group to advise the secretary and the governor regarding emergency orders or rules necessary to ensure the proper administration of an election; allows the secretary to provide access to, rather than transmit a complete copy of, all pertinent, updated elections laws to each county clerk and recorder (clerk); and requires each clerk to set operational hours for the clerk's office;Regarding the qualification and registration of electors; specifies information that all institutions of higher education, rather than just state institutions of higher education, must provide to students via email or signs concerning voting, voter eligibility, and registration, and requires the secretary to adopt rules further specifying the form and content of the emails and signs; requires the clerk to make printed affidavit forms available to correct an error in the elector's affiliation recorded in the statewide database; requires the secretary to ensure preregistrants who are 17 years and 6 months old can access their voter registration information and update that information using the state's online voter registration system; requires the statewide voter registration system to support the integration and use of geographic information system data to improve the accuracy, consistency, and reliability of voter registration records; modifies the language concerning preregistration of high school students; specifies that the principal of a public high school or their designee who assists in preregistration and registration to vote are high school liaisons, rather than deputy registrars, and eliminates certain filing requirements for registration or preregistration to vote; modifies how a clerk verifies identifiers provided by an elector who registers to vote in another county or another state; prohibits a clerk from canceling the registration record of an elector with multiple registrations unless there is a match in the county's registration records and the statewide voter registration database with respect to certain identifiers of the elector; and makes the secretary, rather than the clerk, responsible for canceling certain registrations pursuant to existing law, while still allowing the secretary to request assistance from the clerks;Regarding presidential electors, specifies that if a presidential or vice-presidential candidate dies or withdraws as a candidate after accepting the nomination of a political party but prior to the meeting of presidential electors, an elector's vote for the presidential candidate or vice-presidential candidate refers to the successor candidate nominated by the political party and clarifies that such vote is not a vote for a false slate of presidential electors;Regarding congressional vacancy elections, modifies notice, preparation, and conduct of elections; requires elections to be concurrent with a primary or coordinated election if the vacancy occurs between 150 and 90 days of such election; requires elections to be conducted according to provisions for general elections; modifies candidate nomination deadlines; clarifies the manner of nomination for an unaffiliated candidate; and specifies the arrangement of names on the ballot;Regarding access to the ballot by candidates, specifies the offices for which a candidate must fully meet the qualifications of the office and expands factors the secretary may consider in determining the qualifications to hold office to include other objective, verifiable requirements such as age, birth place, term limits, and political affiliation; repeals the ability for certificates of designation by assembly to be transmitted to the secretary by fax; specifies deadlines by which major and minor political parties must fill vacancies in their party nominations and by which vacancies in unaffiliated designations or nominations must be filled prior to a primary election and a general election, and clarifies that failure to fill a vacancy in nomination by such deadline results in that vacancy nomination remaining unfilled for that election; eliminates requirement for electors to include their county when signing a petition to nominate a candidate; allows a congressional vacancy election to be presented on the same ballot used in a presidential primary election if the elections are held on the same day; modifies the timeline for nomination of minor political party candidates; and maintains the requirement that a person file a written acceptance of nomination but eliminates the specification that the acceptance be provided by mail, fax, or hand delivery;Regarding notice and preparation of elections, clarifies that a voter service and polling center (VSPC) that experiences a shortage of supplies, including ballots, shall not close and may be required to remain open longer on election day; requires that each drop box must accept mail ballots for the 22-day period, rather than the 15-day period, prior to the day of an election; reduces the required period that a VSPC on a campus with 10,000 or more students must be open from 15 days to 10 days before an election; specifies that, in addition to existing designation by sign requirements, a VSPC on the campus of an institution of higher education must be identified and described in signs conspicuously posted at the student center and in an email sent to all enrolled students; repeals the requirement that the secretary deliver the certification of the ballot order and content to the clerk by registered mail; repeals a provision for the arrangement of names on ballots to be established by lot; adds an additional trigger for the secretary to notify clerks of the requirement to provide minority language sample ballots and in-person minority language ballots based on the release of data collected pursuant to section 203 of the federal 'Voting Rights Act of 1965' by the federal government; repeals a provision regarding the adoption and payment for voting machines; and requires the clerk of any county with 1,000 or more active electors to adopt an electronic or electromechanical voting system for use in all elections conducted by the county under the code and requires the clerk to oversee the management of such voting systems subject to the rules of the secretary; Regarding election judges, changes the age eligibility requirements for a student election judge from 16 to 15 and expands the methods for notice and acceptance of an election judge appointment;Regarding the conduct of elections, repeals the requirement that an election judge proclaim the polls are open or will be closed in 30 minutes on election day; modifies the 2-hour period that eligible electors are entitled to be absent from work to vote from only on election day to any day when VSPCs are open and specifies that an employer may deny this leave if the elector has 3 or more consecutive hours off the job while the polls are open; allows an elector to take printed or written materials of their choice into a VSPC as a resource for voting; creates new reporting requirements for counties with one or more VSPCs experiencing a wait time in excess of one hour, which wait time must be measured and recorded in accordance with rules adopted by the secretary and creates a requirement for a reporting county to include certain additional information in its next proposed election plan; repeals and reenacts, with changes, the required method of counting paper ballots by hand, requiring a team of 4 judges, audible reading of each ballot, and 2 separate accountings to be kept and compared and regular intervals, in accordance with any rules adopted by the secretary; recognizes that, in addition to a software or hardware malfunction, other significant issues may make counting ballots with electronic vote-tabulating equipment impracticable; and prohibits a designated election official from transferring custody or control of election records to a third party unless the transfer is authorized or required by the secretary of a court of competent jurisdiction;Regarding mail ballot elections, modifies the timeline for submission and approval of proposed election plans; allows the secretary to request modification of an election plan; requires the secretary to release no later than August 1 for each clerk's submitted election plan, specified information for each VSPC and each ballot drop-off location in the county for that election; modifies mail ballot delivery times; changes the enrolled-student threshold at an institution of higher education from 2,000 to 1,000 for purposes of requiring a drop box on campus and requires a drop box on the campus of private institutions of higher education in addition to state institutions; requires a clerk who fails to send a signature verification form within the 2-day deadline to send the signature verification by overnight mail or hand delivery; and requires a minimum number of hours for in-person voting at a county jail or detention center based on the number of beds available;Regarding challenges to registration, repeals and reenacts, with amendments, the process for a registered elector to protest the registration of another person, requires a $50 fee for each protest that is refunded if the protest is successful, and specifies the reasons that a protest may challenge a person's registration as incorrect;Regarding vacancies in office, in the case of a vacancy in the office of United States senator, requires the governor to appoint a person who is a member of the same political party as the former United States senator to fill a vacancy in that office; clarifies that a person appointed to fill a vacancy in a county office other than county commissioner serves only until the next general election, at which time the remainder of the vacant term, if any, is filled by election; and specifies that a county commissioner or general assembly vacancy may be filled at the next coordinated or general election; andRegarding election offenses, clarifies the offense of voter interference occurs when a person interferes with a voter within 100 feet of any building in which a polling or drop-off location is located or within 100 feet of a drop box; specifies that the offense of voter intimidation applies to any elector who is delivering up to 10 mail ballots to a drop box or drop-off-location; clarifies that the exemption for peace officers from the law prohibiting a person from carrying a firearm at a polling location does not apply if the firearm is used to intimidate electors; clarifies that offenses involving a false slate of presidential electors extends to lists of electors voting and votes for candidates for president and vice president of the United States, or their successors; and modifies enforcement and relief provisions in the case of a suit for election-related intimidation.     In addition, the act:Modifies the law regarding initiatives and referendums to eliminate the requirement for an elector to include their county of residence as part of their signature on an initiative or referendum petition; extends the secretary's period for examination and validation of signatures on a petition from 30 to 60 days; and extends the secretary's period to issue a statement as to whether a petition has sufficient valid signatures from 30 to 60 days after the petition was filed; Modifies the definition of 'disaster' for the purpose of the 'Colorado Disaster Emergency Act' to include the occurrence or imminent threat of the inability to strictly comply with the code due to any natural cause or cause of human origin;Amends the 'Colorado Open Records Act' to specify that a designated election official is not required to cover or redact from a ballot any markings or messages voluntarily made by an elector; andSpecifies that oaths or affirmations for public office filed with the clerk are exempt from certain fees imposed by law.     The act takes effect upon passage, except that the provisions regarding the time frame for mailing a mail ballot packet take effect July 1, 2026.     For the 2026-27 state fiscal year, the act appropriates $10,000 from the department of state cash fund to the department of state for the implementation of the act.(Note: This summary applies to this bill as enacted.)

Bill Text

What changed in the latest version

1788 added · 1992 removed

Plain-language change summary

The bill, HB 1113, has been updated to clarify what constitutes valid identification for voting purposes. The new version includes a valid U.S. passport or passport card as acceptable forms of ID but removes references to some previously included options. This change is important because it helps streamline voter identification requirements and potentially makes it easier for citizens to access their voting rights with commonly held forms of identification. By focusing on more widely recognized IDs, the bill aims to enhance the electoral process's security and accessibility.

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Second Regular Session Seventy-fifth General Assembly STATE OF COLORADO REREVISED This Version Includes All Amendments Adopted in the Second House LLS NO.
NOTE:
26-0161.01 Nicole Myers x4326 HOUSE BILL 26-1113 HOUSE SPONSORSHIP Sirota and Willford, Bacon, Boesenecker, Brown, Camacho, Duran, Froelich, Garcia, Goldstein, Hamrick, Jackson, Joseph, Lindsay, Mabrey, Martinez, McCluskie, Nguyen, Paschal, Phillips, Rutinel, Stewart R., Story, Titone, Velasco, Woodrow, Zokaie SENATE SPONSORSHIP WallaceandWeissman, Benavidez,Coleman,Danielson,Exum,GonzalesJ.,Jodeh,Kipp, Marchman, Snyder, Sullivan n d e 2 T R 2 N 3 4 E d y S d M House Committees Senate Committees e State, Civic, Military, & Veterans Affairs State, Veterans, & Military Affairs m Appropriations A g A BILL FOR AN ACT d e 6 C ONCERNINGMODIFICATIONS TO LAWS REGARDING ELECTIONS , AND , E R 0 A n , IN CONNECTION THEREWITH ,MAKING AN APPROPRIATION .
This bill has been prepared for the signatures of the appropriate legislative officers and the Governor.
E 2 1y S e a n M Bill Summary m A (Note:
To determine whether the Governor has signed the bill or taken other action on it, please consult the legislative status sheet, the legislative history, or the Session Laws.
This summary applies to this bill as introduced and does d notreflectanyamendmentsthatmaybesubsequentlyadopted.Ifthisbill d passes third reading in the house of introduction, a bill summary that e 6 a 0 applies to the reengrossed version of this bill will be available at S U , http://leg.colorado.gov.) U g h H d r e a Thebillmodifiesthe"UniformElectionCodeof1992"(code)and d M the "Colorado Open Records Act" as follows:
HOUSE BILL 26-1113 BY REPRESENTATIVE(S) Sirota and Willford, Bacon, Boesenecker, Brown, Camacho, Duran, Froelich, Garcia, Goldstein, Hamrick, Jackson, Joseph, Lindsay, Mabrey, Martinez, Nguyen, Paschal, Phillips, Rutinel, StewartR.,Story,Titone,Velasco,Woodrow,Zokaie,McCluskie,Lukens, McCormick, Ricks;
3 ! Regardingelectionsgenerally,includesadivisionofyouth corrections identification card or correspondence from a g county sheriff indicating that an elector is confined in jail i 6 or detention in the definition of "identification" for a 0 S R , U d 2 H 2 r Shading denotes HOUSE amendment.
also SENATOR(S) Wallace and Weissman, Benavidez, Danielson, Exum, Gonzales J., Jodeh, Kipp, Marchman, Snyder, Sullivan, Coleman.
Double underlining denotes SENATE amendment.
C ONCERNING MODIFICATIONS TO LAWS REGARDING ELECTIONS , AND ,IN CONNECTION THEREWITH ,MAKING AN APPROPRIATION .
e a Capital letters or bold & italic numbers indicate new material to be added to existing law.d M Dashes through the words or numbers indicate deletions from existing law.
e A purposes of the code;
repeals the definition of "political party district";
modifies the definition of video security surveillance recording;
repeals an obsolete provision related to past district elections;
and requires each county clerk and recorder (clerk) to set operational hours for the clerk's office;
! Regarding the qualification and registration of electors, requiresandspecifiestheinformationinstitutionsofhigher education must provide to students by email, on the 15th dayand final daybefore an election, or posting on campus concerning voting, voter eligibility, and registration;
requires the clerk, rather than an election judge, to provide an affidavit to an elector to correct an error in the elector's affiliation recordedinthestatewidedatabase;modifiesthe language concerning preregistration of a high school student;
specifies that the principal of a public high school or their designee who assists in preregistration and registration to vote are high school liaisons, rather than deputy registrars, and eliminates certain filing requirements;
and makes the secretary of state (secretary), rather than the clerk, responsible for cancelling certain registrations pursuant to existing law;
! Regarding presidential electors, specifies that if a presidential or vice-presidential candidate dies or withdrawsasacandidateafteracceptingthenominationof a political party but prior to the meeting of presidential electors, an elector's vote for the presidential candidate or vice-presidentialcandidatereferstothesuccessorcandidate nominated by the political party;
! Regarding congressional vacancy elections, modifies notice, preparation, and conduct of elections;
requires elections to be concurrent with a primary or general election if the vacancyoccurs between 150 and 90 days of suchelection;requireselectionstobeconductedaccording to provisions for general elections;
and specifies the arrangement of names on the ballot;
! Regarding access to the ballot by candidates, clarifies that no person is eligible to be a candidate for more than one office only if both offices are to be voted on in the same election;
modifies the timeline for nomination of minor political party candidates;
and eliminates the requirement that a candidate file a written acceptance of a nomination by mail, fax, or hand delivery;
! Regardingnoticeandpreparationofelections,clarifiesthat a voter service and pollingcenter(VSPC) that experiences -2- 1113 ashortageofsupplies,includingballots,shallnotcloseand may be required to remain open longer on election day;
specifies that, in addition to existing designation by sign requirements, a VSPC on the campus of an institution of higher education must be identified and described in signs conspicuously posted at the student center and in an email sent to all enrolled students;
and allows the clerk of any county with 1,000 or more active electors, upon consultation with the board of county commissioners, to adopt an electronic or electromechanical voting system;
! Regarding election judges, changes the age eligibility requirementsforastudentelectionjudgefrom16to15and expands the methods for notice and acceptance of an election judge appointment;
! Regardingtheconductofelections,repealstherequirement for an election judge to proclaim the polls are open or will be closed in 30 minutes on election day;
modifies the 2-hourperiodthateligibleelectorsareentitledtobeabsent from work to vote from only on election day to any day when VSPCs are open;
allows an elector to take printed or written materials of their choice into a VSPC as a resource forvoting;createsnewreportingrequirementsforcounties with one or more VSPCs experiencing a wait time in excess of one hour;
creates a requirement for a public hearing regarding such VSPCs to be conducted by the secretary in coordination with the reporting clerk;
recognizesothersignificantissues,inadditiontoasoftware or hardware malfunction, that may make counting ballots with electronic vote-tabulating equipment impracticable;
and creates a requirement for a reporting countyto include certainadditionalinformationinitsnextproposedelection plan;
! Regarding mail ballot elections, modifies mail ballot delivery times;
requires a minimum number of hours for in-person voting at a county jail or detention center based on the number of beds available;
modifies the timeline for submissionandapprovalofproposedelectionplans;allows thesecretarytorequestmodificationofanelectionplanand adds requirements for the submission of such a modified plan;
changes the enrolled-student threshold from2,000to 1,000 for purposes of requiring a drop box on campus and requiresadropboxonthecampusof privateinstitutionsof higher education in addition to state institutions;
and requires a clerk who fails to send a signature verification form within the 2-day deadline to send the signature -3- 1113 verification by overnight mail or hand delivery;
! Regarding challenges to registration, repeals the provision for any registered elector to challenge the registration of another person for illegal or fraudulent registration;
! Regarding election returns, clarifies the ministerial nature ofacanvassboard'sdutytocertifytheabstractofvotescast upon confirmation that the ballots have been reconciled;
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! Regarding vacancies in office, requires the governor to appoint a person who is a member of the same political party as the former United States senator to fill a vacancy in that office;
and clarifies that a person appointed to fill a partisan office vacancy serves only until the next general election, at which time the remainder of the vacant term, if any, is filled by election;
and ! Regarding election offenses, clarifies the offense of voter interference occurs when a person interferes with a voter within 100 feet of a polling or drop-off location or drop box;
clarifies that offenses involving a false slate of presidential electors extends to lists of electors voting and votes for candidates for president and vice president of the United States, or their successors.
The bill amends the "Colorado Open Records Act" to make language gender neutral and specifythat a designated election official is not required to cover or redact from ballot markings or messages voluntarily made by an elector.
In Colorado Revised Statutes, 1-1-104, amend (19.5)(a)(III),(19.5)(a)(VII),(49.9),and(51);andrepeal(26)asfollows:
In Colorado Revised Statutes, 1-1-104, amend (19.5)(a)(III), (19.5)(a)(VII), (49.9), and (51);
and repeal (26) as follows:
(III) A valid United States passportOR PASSPORT CARD ;
________ Capital letters or bold & italic numbers indicate new material added to existing law;
(VII) (A) A copy of a current utility bill, bank statement, government check, paycheck, or other government document that shows the name and address of the elector;
dashes through words or numbers indicate deletions from existing law and such material is not part of the act.
(B) FOR PURPOSES OF THIS SUBSECTION (19.5)(a)(VII), A -4- 1113 GOVERNMENT DOCUMENT INCLUDES A DIVISION OF YOUTH SERVICES IDENTIFICATION CARD ISSUED BY THE DEPARTMENT OF HUMAN SERVICES TO THE ELECTOR OR WRITTEN CORRESPONDENCE FROM THE COUNTY SHERIFF,ORTHE SHERIFFSDESIGNEE,TOTHE COUNTYCLERKINDICATING THAT THE ELECTOR IS CONFINED IN A COUNTY JAIL OR DETENTION FACILITY.
(III) A valid United States passpoOR PASSPORT CARD ;
(VII) (A) A copy of a current utility bill, bank statement, governmentcheck,paycheck,orothergovernmentdocumentthatshowsthe name and address of the elector;
(B) F OR PURPOSES OF THIS SUBSECTION (19.5)(a)(VII),A GOVERNMENT DOCUMENT INCLUDES A DIVISION OF YOUTH SERVICES IDENTIFICATIONCARDISSUEDBYTHEDEPARTMENTOFHUMANSERVICESTO THE ELECTOR OR WRITTEN CORRESPONDENCE FROM THE COUNTY SHERIFF , OR THE SHERIFF S DESIGNEE ,TO THE COUNTY CLERK INDICATING THAT THE ELECTOR IS CONFINED IN A COUNTY JAIL OR DETENTION FACILITY .
(49.9) "Video security surveillance recording" means video monitoringbyadevicethatcontinuouslyrecordsadesignatedlocationor a system using motion detection that records one frame or more per minute until detection of motionggers continuous recordWHEN MOTION IS DETECTED.
(49.9) "Video security surveillance recording" means video monitoring by a device that continuously records a designated location or a system using motion detection that records one frame or more per minute until detection of motion triggers continuous recordinWHEN MOTION IS DETECTED .
(51) "Watcher" means an eligible elector other than a candidate on the ballot who has been selected by a political party chairperson on behalf of thepoliticalparty;byapartycandidateataprimaryelection,by an unaffiliated candidate at a general, congressional vacancy, or nonpartisan election;
(51) "Watcher" means an eligible elector other than a candidate on the ballot who has been selected by a political party chairperson on behalf of the political party;
by a party candidate at a primary election, by an unaffiliated candidate at a general, congressional vacancy, or nonpartisan election;
"Watcher" also means an eligible elector selected by a candidate on the ballot for the office of United States senator, representative in congress, any state office or district office of state concern, or any county office who is subject to a recount.
"Watcher" also meansaneligibleelectorselectedbyacandidateontheballotfortheoffice of United States senator, representative in congress, any state office or district office of state concern, or any county office who is subject to a recount.Ifselectedbyapoliticalpartychairpersonorapartycandidate,the watcher must be affiliated with that political partyor unaffiliated as shown in the statewide voter registration system.
If selected bya political partychairperson or a party candidate, the watcher must be affiliated with that political party or unaffiliated as shown in the statewide voter registration system.
If selected by an unaffiliated candidate, the watcher must beunaffiliatedasshowninthestatewide voter registration system.
If -5- 1113 selected byan unaffiliated candidate, thewatcher must be unaffiliated as showninthestatewidevoterregistrationsystem.ARSONSHALLNOTBE SELECTED AS A WATCHER IF THE PERSON HAS BEEN CONVICTED OF ANY ELECTION OFFENSE SPECIFIED IN ARTICL13 OF THIS TITLE1OR ANY SIMILAR ELECTION OFFENSE IN ANOTHER STATE OR HAS BEEN CONVICTED OF COMMITTING OR CONSPIRACY TO COMMIT SEDITION,INSURRECTION , TREASON , CONSPIRACY TO OVERTHROW GOVERNMENT BY USE OF PHYSICAL FORCE OR VIOLENCEOR ANY SIMILAR FEDERAL OFFENSE.
AERSON SHALL NOT BE SELECTED AS A WATCHER IF THE PERSON HAS BEEN CONVICTED OF ANY ELECTION OFFENSE SPECIFIED IN ARTICLE 13 OFTHISTITLE 1ORANYSIMILARELECTIONOFFENSEINANOTHER STATEORHASBEENCONVICTEDOFCOMMITTINGORCONSPIRACYTOCOMMIT PAGE 2-HOUSE BILL 26-1113 SEDITION, INSURRECTION , TREASON , CONSPIRACY TO OVERTHROW GOVERNMENT BY USE OF PHYSICAL FORCE OR VIOLENCE ,OR ANY SIMILAR FEDERAL OFFENSE .
(2) In addition to any other powers prescribed by law, the secretary of state has the following powers:
(2) In addition to anyother powers prescribed bylaw, the secretary of state has the following powers:
(e) (I) TO,IN CONSULTATION WITH THE GOVERNOR AND ,AS PRACTICABLE THEELECTIONEMERGENCYADVISORYGROUPESTABLISHED IN SUBSECTION(2)(e)(IOF THIS SECTIO,ADOPT RULES AS NECESSARY FOR THE PROPER ADMINISTRATION OF AN ELECTION AND TO GIVE EFFECT TO SECTION 1-1-103 (1)IF THE GOVERNOR DECLARES A DISASTER EMERGENCY PURSUANT TO SECTION 24-33.5-704 (4)DUE TO THE INABILITY TO STRICTLY COMPLY WITH THIS CODE , INCLUDING THE SUSPENSION OF ANY LAW PURSUANT TO SECTION24-33.5-704 (7)(a).
(e) (I) T O, IN CONSULTATION WITH THE GOVERNOR AND , AS PRACTICABLE ,THE ELECTION EMERGENCY ADVISORY GROUP ESTABLISHED INSUBSECTION (2)(e)(IIOFTHISSECTION ,ADOPTRULESASNECESSARYFOR THE PROPER ADMINISTRATION OF AN ELECTION AND TO GIVE EFFECT TO SECTION 1-1-103(1),IFTHE GOVERNORDECLARESADISASTEREMERGENCY PURSUANT TO SECTION 24-33.5-704(4)DUE TO THE INABILITYTOSTRICTLY COMPLY WITH THIS CODE , INCLUDING THE SUSPENSION OF ANY LAW PURSUANT TO SECTION 24-33.5-704 (7)(a).
(II) IF THE GOVERNOR DECLARES A DISASTER EMERGENCY PURSUANT TO SECTION 24-33.5-704 (4DUE TO INABILITY TO STRICTLY COMPLYWITHTHISCODE ,THEGOVERNORSHALLESTABLISHTHEELECTION EMERGENCYADVISORYGROUP .THESECRETARYOFSTATEANDGOVERNOR SHALL CONSULT AS PRACTICABLE WITH THE ELECTION EMERGENCY -6- 1113 ADVISORY GROUP ON EMERGENCY ORDERS OR RULES THAT THE SECRETARYOFSTATEMAYADOPT ASMAYBE NECESSARYTOENSURE THE PROPER ADMINISTRATION OF AN ELECTION AND TO GIVE EFFECT TO SECTION 1-1-103 (1).
(II) IHEGOVERNORDECLARESADISASTEREMERGENCYPURSUANT TO SECTION 24-33.5-704 (4DUE TO INABILITY TO STRICTLY COMPLY WITH THIS CODE,THE GOVERNOR SHALL ESTABLISH THE ELECTION EMERGENCY ADVISORY GROUP .
(III) TEELECTIONEMERGENCYADVISORYGROUPCONSISTSOFSIX MEMBERS APPOINTED AS FOLLOWS :
THE SECRETARY OF STATE AND GOVERNOR SHALL CONSULT AS PRACTICABLE WITH THE ELECTION EMERGENCY ADVISORY GROUP ON EMERGENCY ORDERS OR RULES THAT THE SECRETARY OF STATE MAY ADOPT AS MAY BE NECESSARY TO ENSURE THE PROPER ADMINISTRATIONOFANELECTIONANDTOGIVEEFFECTTOSECTION 1-1-103 (1).
(A) O NE REPRESENTATIVE FROM THE GOVERNOR S OFFICE, APPOINTED BY THE GOVERNOR ;
(III) TE ELECTION EMERGENCY ADVISORY GROUP CONSISTS OFSIX MEMBERS APPOINTED AS FOLLOWS :
(B) O NE REPRESENTATIVE FROM THE SECRETARY OF STATE 'S OFFICE,APPOINTED BY THE SECRETARY OF STATE ;
(A) O NE REPRESENTATIVE FROM THE GOVERNOR 'S OFFICE, APPOINTED BY THE GOVERNOR ;
(C) T WO CURRENT OR FORMER COUNTY CLERKS FROM DIFFERENT MAJOR POLITICAL PARTIES, APPOINTED BY THE GOVERNOR IN CONSULTATION WITH THE SECRETARY OF STATE ;AND (D) T WOINDIVIDUALSFROMDIFFERENTMAJORPOLITICALPARTIES , WITH EXPERTISE ON STATE OR FEDERAL ELECTION LAW ,ADMINISTERING ELECTIONS ,VOTING ,OR ANOTHER RELEVANT TOPIC ,APPOINTED BY THE GOVERNOR IN CONSULTATION WITH THE SECRETARY OF STATE .
(B) ONEREPRESENTATIVEFROMTHESECRETARYOFSTATE SOFFICE, APPOINTED BY THE SECRETARY OF STATE ;
(IV) THISSUBSECTION (2)(eISREPEALED EFFECTIVE JANUARY 31, 2031.
PAGE 3-HOUSE BILL 26-1113 (C) T WO CURRENT OR FORMER COUNTY CLERKS FROM DIFFERENT MAJORPOLITICALPARTIES APPOINTEDBYTHEGOVERNORINCONSULTATION WITH THE SECRETARY OF STATE ;AND (D) T WO INDIVIDUALS FROM DIFFERENT MAJOR POLITICALPARTIES , WITH EXPERTISE ON STATE OR FEDERAL ELECTION LAW ,ADMINISTERING ELECTIONS ,VOTING ,OR ANOTHER RELEVANT TOPIC ,APPOINTED BY THE GOVERNOR IN CONSULTATION WITH THE SECRETARY OF STATE .
SECTION 3.
(IV) T HIS SUBSECTION (2)(e)IS REPEALED,EFFECTIVE JANUARY 31, 2031.
In Colorado Revised Statutes, 1-1-108, amend (1) as follows:
SECTION3.
InColoradoRevisedStatutes,1-1-108,amend(1)as follows:
(1) No later than sixtydays after each adjournment of the general assembly,thesecretaryofstateshalltransmPROVIDE tothecountyclerk and recorder of each counACCESS TO a complete, updated copy of the pertinent sections of the election laws of the state.
(1) No later than sixty days after each adjournment of the general assembly, the secretary of state shall transmitIDE to the county clerk and recorder of each countyACCESS TO a complete, updated copy of the pertinent sections of the election laws of the state.
In Colorado Revised Statutes, 1-1-110, add (3.7) -7- 1113 as follows:
In Colorado Revised Statutes, 1-1-110, add (3.7) as follows:
(3.7) AS THE CHIEF ELECTION OFFICIAL FOR THE COUNT,AND TO COMPLY WITH THIS CODE AND THE RULES AND ORDERS ESTABLISHED BY THESECRETARYOFSTATE ,THECOUNTYCLERKANDRECORDERSHALLSET OPERATIONAL HOURS FOR THE CLERK AND RECORDER S OFFIC.
(3.7) A S THE CHIEF ELECTION OFFICIAL FOR THE COUNTY , AND TO COMPLYWITHTHISCODEANDTHERULESANDORDERSESTABLISHEDBYTHE SECRETARY OF STATE ,THE COUNTY CLERK AND RECORDER SHALL SET OPERATIONAL HOURS FOR THE CLERK AND RECORDER 'S OFFIC.
9 SECTION 5.
SECTION 5.
In Colorado Revised Statutes, 1-2-213.5, amend (1)(a), (1)(b), (1)(c), and (2);
In Colorado Revised Statutes, amend 1-2-213.5 as follows:
and add, (1)(e), and (3) as follows:
(1) (a) Any stateN institution of higher education as defined in section23-1-108(7)(g)(II),C.R.S.,atutilizUSES anelectroniccourse registrationprocessshallprovidetoeachstudentregisteringelectronically for courses at the institution the opportunity to register to vote by giving eachstudenttheoptiontobeelectronicallydirectedtotheofficialwebsite of the secretary of state so that he or sheUDENT may register in accordance with section 1-2-202.5.
(1) (a) Any stateA N institution of higher education as defined in PAGE 4-HOUSE BILL 26-1113 section 23-1-108 (7)(g)(II), C.R.S., that utilizUSES an electronic course registration process shall provide to each student registering electronically for courses at the institution the opportunity to register to vote by giving each student the option to be electronically directed to the official website of the secretary of state so that he or sheTHE STUDENT may register in accordancewithsection1-2-202.5.Theoptionshallbeprovidedtostudents eitherduringorimmediatelyfollowingtheelectronicregistrationperiodfor each term or semester.
The option shall be provided to studentseitherduringorimmediatelyfollowingtheelectronicregistration period for each term or semester.
(b) Each state institution of higher education subject to paragraph (a) of this subsection (1) SUBSECTION (1)(a) OF THIS SECTION shall implementtheelectronicvoterregistrationoptionassoonaspracticable,but not later than the next regularly scheduled maintenance to its electronic course registration system process.
(b) Eachstateinstitutionofhighereducationsubjecttoparagraph (a) of this subsection (1)BSECTION (1)(a)OF THIS SECTION shall implement the electronic voter registration option as soonas practicable, but not later than the next regularly scheduled maintenance to its electronic course registration system process.
(c) Each state institution of higher education subject to subsection (1)(a) of this section shall, during the first full week of each fall semester and during the last full week of each spring semester, provide by email to eachenrolledstudentinformationonvotereligibilityandonhowtoregister to vote or update their voter registration information in the statewide voter registration database.
(c) Eachstatenstitutionofhighereducationsubjecttosubsection -8- 1113 (1)(a)of this section shall, during the first full weekof eachfallsemester andduringthelastfullweekof eachspringsemester,providebyemailto each enrolled student information on voter eligibility and on how to register to vote or update their voter registration information in the statewide voter registration database.
(d) E ACH INSTITUTION OF HIGHER EDUCATION SUBJECT TO SUBSECTION (1)(a)OF THIS SECTION SHALL ,ON BOTH THE FIFTEENTH DAY AND THE FINAL DAY PRIOR TO EACH ELECTION DAY ,PROVIDE BY EMAIL TO EACH ENROLLED STUDENT THE FOLLOWING INFORMATION :
(d) EACH INSTITUTION OF HIGHER EDUCATION SUBJECT TO SUBSECTION (1)(aOFTHIS SECTION SHALL,ON BOTH THE FIFTEENTH DAY ANDTHEFINALDAYPRIORTOEACHELECTIONDAY ,PROVIDEBYEMAILTO EACH ENROLLED STUDENT THE FOLLOWING INFORMATION :
(I) T HE LOCATION AND HOURS OF OPERATION OF EACH CAMPUS VOTERSERVICEANDPOLLINGCENTER ,INCLUDINGTHEBUILDINGNAMEAND ADDRESS ,AND THE REQUIREMENT TO BRING IDENTIFICATION TO VOTE ;AND (II) EACH DROP OFF LOCATION ON CAMPUS ,THE REQUIREMENT FOR IDENTIFICATIONFORCERTAINMAILBALLOTS ,ANDHOWTOACCESSMAILON CAMPUS .
(I) THE LOCATION AND HOURS OF OPERATION OF EACH CAMPUS VOTER SERVICE AND POLLING CENTER ,INCLUDING THE BUILDING NAME AND ADDRESS ,AND THE REQUIREMENT TO BRING IDENTIFICATION TO VOTE ;AND (II) EACH DROP-OFF LOCATION ON CAMPUS ,THE REQUIREMENT FOR IDENTIFICATION FOR CERTAIN MAIL BALLOT,AND HOW TO ACCESS MAIL ON CAMPUS .
(e) EACH INSTITUTION OF HIGHER EDUCATION SUBJECT TO SUBSECTION (1)(a)OF THIS SECTION MAY INCLUDE IN THE EMAIL REQUIRED BY SUBSECTION (1)(d)OF THIS SECTION INFORMATION CREATED AND MADE AVAILABLE BY THE SECRETARY OF STATE CONCERNING :
(e) EACH INSTITUTION OF HIGHER EDUCATION SUBJECT TO SUBSECTION (1)(aOFTHISSECTIONMAYINCLUDEINTHEEMAILREQUIRED BYSUBSECTION (1)(d)OFTHISSECTIONINFORMATIONCREATEDANDMADE AVAILABLE BY THE SECRETARY OF STATE CONCERNING :
PAGE 5-HOUSE BILL 26-1113 (I) VOTER ELIGIBILITY INCLUDING RESIDENCY REQUIREMENTS AND NONRESIDENT STUDENT ELIGIBILITY TO VOTE IN ELECTIONS IN THE STATE ;
(I) VOTERELIGIBILIT,INCLUDINGRESIDENCYREQUIREMENTSAND NONRESIDENTSTUDENTELIGIBILITYTOVOTEINELECTIONSINTHESTATE ;
AND (II) HOWTO REGISTER TO VOTE OR UPDATE VOTER INFORMATION IN THE STATEWIDE VOTER REGISTRATION DATABASE , THE LAST DAY TO REGISTERTOVOTEONLINEANDRECEIVEABALLOTINTHEMAILPRIORTOAN ELECTION , AND OPTIONS FOR REGISTERING IN PERSON ON OR BEFORE ELECTION DAY .
AND (II) HOW TO REGISTER TO VOTE OR UPDATE VOTER INFORMATION IN THE STATEWIDE VOTER REGISTRATION DATABASE ,THE LAST DAY TO REGISTER TO VOTE ONLINE AND RECEIVE A BALLOT IN THE MAIL PRIOR TO AN ELECTION ,AND OPTIONS FOR REGISTERING IN PERSON ON OR BEFORE -9- 1113 ELECTION DAY .
(2) A state AN institution of higher education that does not utilize USE an electronic course registration process shall provide to students information regarding how to register to vote IN ACCORDANCE WITH SUBSECTIONS (1)(c)AND (1)(d)OF THIS SECTION, including, at a minimum, prominently posting such information in a clearly visible area of the institution'sregistrar'soffice.SANINSTITUTIONOFHIGHEREDUCATION MAY ALSO PROVIDE TO STUDENTS INFORMATION IN ACCORDANCE WITH SUBSECTION (1)(e)OFTHISSECTION ,INCLUDINGBYPROMINENTLYPOSTING SUCH INFORMATION IN A CLEARLY VISIBLE AREA OF THE CAMPUS .
(2) A stateN institutionof highereducationthat does not utilize USE an electronic course registration process shall provide to students information regarding how to register to voteACCORDANCE WITH SUBSECTIONS (1)(cAND (1)(dOFTHISSECTION ,including,ataminimum, prominently posting such information in a clearly visible area of the institution's registrar's office.
(3) (a) THE SECRETARY OF STATE SHALL ADOPT RULES SPECIFYING THE FORM AND REQUIRED CONTENT FOR THE INFORMATION REQUIRED BY SUBSECTIONS (1)(c), (1)(d), (1)(AND (2)OF THIS SECTION .
SN INSTITUTION OF HIGHER EDUCATION MAY ALSO PROVIDE TO STUDENTS INFORMATION IN ACCORDANCE WITH SUBSECTION (1)(eOF THIS SECTIO,INCLUDING BY PROMINENTLY POSTING SUCH INFORMATION IN A CLEARLY VISIBLE AREA OF THE CAMPUS .
(b) PRIORTOSENDINGANEMAILREQUIREDBYSUBSECTION (1)(c)OR (1)(d)OFTHISSUBSECTIONORPOSTINGASIGNPURSUANTTOSUBSECTION (2) OFTHISSUBSECTION ,ANINSTITUTIONOFHIGHEREDUCATIONSHALLPROVIDE THE ELECTION -SPECIFIC CONTENT OF THE EMAIL OR SIGN TO THE COUNTY CLERK AND RECORDER FOR THE COUNTY IN WHICH THE INSTITUTION OF HIGHER EDUCATION IS LOCATED .
(3)(a) THESECRETARYOFSTATESHALLADOPTRULESSPECIFYING THE FORM AND REQUIRED CONTENT FOR THE INFORMATION REQUIRED BY SUBSECTIONS (1)(c), (1)(d), (1AND)(2)OF THIS SECTIO.
SECTION6.
(b) PRIOR TO SENDING ANEMAILREQUIREDBYSUBSECTION (1)(c) OR (1)(d)OF THIS SUBSECTION OR POSTING A SIGN PURSUANT TO SUBSECTION (2) OF THIS SUBSECTION, AN INSTITUTION OF HIGHER EDUCATION SHALL PROVIDE THE ELECTION SPECIFIC CONTENT OF THE EMAIL OR SIGN TO THE COUNTY CLERK AND RECORDER FOR THE COUNTY IN WHICH THE INSTITUTION OF HIGHER EDUCATION IS LOCAT.D SECTION 6.
InColoradoRevisedStatutes,1-2-222,amend(4)as follows:
In Colorado Revised Statutes, 1-2-222, amend (4) as follows:
(4) Printed affidavit forms must be furnished to the election judgesofthevariouselectionprecinctsDEAVAILABLEBYTHECOUNTY CLERK AND RECORDER .
(4) Printed affidavit forms must be furnished to the election judges of the various election precinMADE AVAILABLE BY THE COUNTY CLERK AND RECORDER .
-10- 1113 STATE OF COLORADO ) ) ss.
STATE OF COLORADO ) PAGE 6-HOUSE BILL 26-1113 ) ss.
County of ...........................................................) I, ...................., believing an error has been made as to the recording of my party affiliation, or a change unlawfully made, or a withdrawalunlawfullymadeinthestatewidevoterregistrationsystem,do solemnly swear, or affirm, that the party affiliation as now shown in the statewide voter registration system is an error, or has been unlawfully changed, or has been unlawfully withdrawn and that my correct party affiliationshouldbe....................insteadof....................andrequestthat the party affiliation be corrected in the statewide voter registration system.Mycorrectaffiliationwasmadeonorbefore....................(date).
County of ...........................................................) I,....................,believinganerrorhasbeenmade as to the recording of my party affiliation, or a change unlawfully made, or a withdrawal unlawfully made in the statewide voter registration system, do solemnly swear, or affirm, that the party affiliation as now shown in the statewide voterregistrationsystemisanerror,orhasbeenunlawfullychanged,orhas been unlawfully withdrawn and that my correct party affiliation should be ....................insteadof....................andrequestthatthepartyaffiliationbe corrected in the statewide voter registration system.
My correct affiliation was made on or before ....................
(date).
SECTION7.
SECTION 7.
InColoradoRevisedStatutes,1-2-227,amend(2);
In Colorado Revised Statutes, 1-2-227, amend (2);
(2) Thevoterinformationprovidedbyapreregistrantwhowillnot turn eighteen years of age by the date of the next election shall be kept confidential in the same manner as, and using the programs developed for, information that is kept confidential pursuant to section 24-72-204 (3.5).
(2) The voter information provided by a preregistrant who will not turn eighteen years of age OLD bythe date of the next election shall be kept confidential in the same manner as, and using the programs developed for, information that is kept confidential pursuant to section 24-72-204 (3.5).
Nothing in this subsection (2) shall be construed to -11- 1113 requireanyrequest,application,orfeeforsuchconfidentiality.Whenthe preregistrant will beSeighteen years of age on the date of the next electionOLD , such information is no longer confidential under this subsection (2).
Nothing in this subsection (2) shall be construed to require any request, application, or fee for such confidentiality.
(3) EGINNING JANUARY 1,2027, THESECRETARYOFSTATESHALL ENSURE THAT THE VOTER INFORMATION PROVIDED BY A PREREGISTRANT WHO IS SEVENTEEN YEARS AND SIX MONTHS OLD IS ACCESSIBLE TO THAT PREREGISTRANT AND SHALL ALLOW SUCH A PREREGISTRANT TO UPDATE THEIR VOTER INFORMATION USING THE ONLINE VOTER REGISTRATION SYSTEM CREATED IN SECTION 1-2-202.5 IF THE PREREGISTRANT PROVIDES THEIR NAME ,ZIP CODE,DATE OF BIRTH,AND EITHER THE LAST FOUR DIGITS OF THEIR SOCIAL SECURITY NUMBER OR THEIR DRIVER 'S LICENSE OR STATE-ISSUED IDENTIFICATION NUMBER .
When the preregistrant will be IS eighteen years of age on the date of the next election OLD , such information is no longer confidential under this subsection (2).
PAGE 7-HOUSE BILL 26-1113 (3) BEGINNING JANUARY 1,2027, THE SECRETARY OF STATE SHALL ENSURE THAT THE VOTER INFORMATION PROVIDED BY A PREREGISTRANT WHO IS SEVENTEEN YEARS AND SIX MONTHS OLD IS ACCESSIBLE TO THAT PREREGISTRANT AND SHALL ALLOW SUCH A PREREGISTRANT TO UPDATE THEIR VOTER INFORMATION USING THE ONLINE VOTER REGISTRATION SYSTEM CREATED IN SECTION 1-2-202.5IF THE PREREGISTRANT PROVIDES THEIR NAME ,ZIP CODE,DATE OF BIRTH,AND EITHER THE LAST FOUR DIGITS OF THEIR SOCIAL SECURITY NUMBER OR THEIR DRIVER S LICENSE OR STATE ISSUED IDENTIFICATION NUMBER .
Centralizedstatewideregistrationsystem-secretary of state to maintain computerized statewide voter registration list - county computer records - agreement to match information - definition.
Centralizedstatewideregistrationsystem-secretaryof statetomaintaincomputerizedstatewidevoterregistrationlist-county computer records - agreement to match information - definition.
(7) (a) THE STATEWIDE VOTER REGISTRATION SYSTEM MUST SUPPORT THE INTEGRATION AND USE OF GEOGRAPHIC INFORMATION SYSTEM DATA TO IMPROVE THE ACCURACY , CONSISTENCY , AND RELIABILITY OF VOTER REGISTRATION RECORDS .
(7)(a) THESTATEWIDEVOTERREGISTRATIONSYSTEMMUSTSUPPORT THEINTEGRATIONANDUSEOFGEOGRAPHICINFORMATIONSYSTEMDATATO IMPROVE THE ACCURACY ,CONSISTENCY ,AND RELIABILITY OF VOTER REGISTRATION RECORDS .
(b) THE SECRETARY OF STATE MAY INCORPORATE GEOGRAPHIC INFORMATION SYSTEM FUNCTIONALITY INTO THE STATEWIDE VOTER REGISTRATION SYSTEM TO :
(b) T HE SECRETARY OF STATE MAY INCORPORATE GEOGRAPHIC INFORMATION SYSTEM FUNCTIONALITY INTO THE STATEWIDE VOTER REGISTRATION SYSTEM TO :
(I) VALIDATE AND MAINTAIN VOTER RESIDENTIAL AND MAILING -12- 1113 ADDRESS INFORMATION USING SPATIAL DATA,PARCEL DATA ,OR OTHER GEOGRAPHIC REFERENCE LAYERS ;
(I) V ALIDATE AND MAINTAIN VOTER RESIDENTIAL AND MAILING ADDRESS INFORMATION USING SPATIAL DATA , PARCEL DATA , OR OTHER GEOGRAPHIC REFERENCE LAYERS ;
(II) IMPROVE THE ACCURACY OF PRECINCT ,DISTRICT, AND JURISDICTIONAL ASSIGNMENTS;
(II) IMPROVE THE ACCURACY OF PRECINCT , DISTRICT, AND JURISDICTIONAL ASSIGNMENTS ;
(III) SUPPORT TIMELY AND ACCURATE IMPLEMENTATION OF DISTRICTBOUNDARYCHANGESRESULTINGFROMREDISTRICTINGOROTHER LAWFUL ADJUSTMENTS ;AND (IV) R EDUCE UNDELIVERABLE ELECTION MAIL, IMPROVE MAIL BALLOTDELIVERYEFFICIENCY ,ANDMINIMIZETHENEEDFORCORRECTIVE OR REPLACEMENT BALLOTS .
(III) SPPORTTIMELYANDACCURATEIMPLEMENTATIONOFDISTRICT BOUNDARY CHANGES RESULTING FROM REDISTRICTING OR OTHER LAWFUL ADJUSTMENTS ;AND (IV) R EDUCE UNDELIVERABLE ELECTION MAIL , IMPROVE MAIL BALLOTDELIVERYEFFICIENCY ANDMINIMIZETHENEEDFORCORRECTIVEOR REPLACEMENT BALLOTS .
(c) GEOGRAPHIC INFORMATION SYSTEM DATA USED UNDER THIS SUBSECTION (7)SHALL NOT BE USED TO DETERMINE VOTER ELIGIBILI,Y CHALLENGE A VOTER 'S REGISTRATION,OR RESTRICT A REGISTERED ELECTOR S RIGHT TO VOT.
PAGE 8-HOUSE BILL 26-1113 (c) G EOGRAPHIC INFORMATION SYSTEM DATA USED UNDER THIS SUBSECTION (7) SHALL NOT BE USED TO DETERMINE VOTER ELIGIBILITY , CHALLENGE A VOTER S REGISTRATION , OR RESTRICT A REGISTERED ELECTOR 'S RIGHT TO VOTE .
(d) THE SECRETARY OF STATE MAY ADOPT RULES AS NECESSARY TOIMPLEMENTTHISSUBSECTION (7)INCLUDINGRULESGOVERNINGDATA SOURCES ,DATA SHARING WITH COUNTY CLERKS AND RECORDERS ,DATA SECURITY,AND PROCEDURES FOR RESOLVING ADDRESS DISCREPANCIES.
(d) THE SECRETARY OFSTATE MAY ADOPT RULES AS NECESSARY TO IMPLEMENT THIS SUBSECTION (7), INCLUDING RULES GOVERNING DATA SOURCES , DATA SHARING WITH COUNTY CLERKS AND RECORDERS ,DATA SECURITY ,AND PROCEDURES FOR RESOLVING ADDRESS DISCREPANCIES .
(e) HESECRETARYOFSTATESHALLENSURETHATTHESTATEWIDE VOTER REGISTRATION SYSTEM FULLY IMPLEMENT GEOGRAPHIC INFORMATION SYSTEM FUNCTIONALITY AUTHORIZED UNDER THIS SUBSECTION (7)NO LATER THANJULY 1, 2029.
(e) THE SECRETARY OF STATE SHALL ENSURE THAT THE STATEWIDE VOTER REGISTRATION SYSTEM FULLY IMPLEMENT GEOGRAPHIC INFORMATION SYSTEM FUNCTIONALITY AUTHORIZED UNDER THIS SUBSECTION (7)NO LATER THAN ULY 1, 2029.
Itistheintentofthegeneralassemblythat,inorderromoteand encourage voter registration of all eligible electors in the state, -13- 1113 registrationshouldbemadeasconvenientaspossible.Itisdeterminedby the general assembly that if voter registration is convenient, the number of registered voters will increase.
It is the intent of the general assembly that, in orderote and encourage voter registration of all eligible electors in the state, registration should be made as convenient as possible.
It is further determined by the general assembly that support and cooperation of school officials and interested citizens will make high school registration successful.
It is determined by the general assembly that if voter registration is convenient, the number of registered voters will increase.
It is therefore the purpose of this part 4 to encourage voter registration by providing convenient registration procedures for qualified high school students, employees, and other persons by using high school deputy registrars LIAISONS.
It is further determined by the general assembly that supportandcooperationofschoolofficialsandinterestedcitizenswillmake high school registration successful.
It is therefore the purpose of this part 4 to encourage voter registration by providing convenient registration proceduresforqualifiedhighschoolstudents,employees,andotherpersons by using high school deputy registrarsAISONS .
(1) Each principal of a public high school, or the principal's designee who is a registered voter in the countyTE , may serve as a deputyregistrarHIGHSCHOOLLIAISON .Theprincipalof eachhighschool shall notifythe countyclerk and recorder of the countyin which the high school is located of the name of the school's deputy registrarIGH SCHOOL LIAISON , and the county clerk and recorder shall maintain a list of the names of all of the high school deputy regisLIAISONS in that county in a public file.
(1) Each principal of a public high school, or the principal's designee who is a registered voter in the countySTATE, may serve as a deputy registrarIGH SCHOOL LIAISON .
(2) The high school deputy registrar LIAISON may register or preregisteranystudent,employeeoftheschool,otherpersonwhoattends school functions, or any other person who is eligible to register or preregister to vote.
The principal of each high school shall notify the county clerk and recorder of the county in which the high PAGE 9-HOUSE BILL 26-1113 school is located of the name of the school's deputyregistHIGH SCHOOL LIAISON ,andthecountyclerkandrecordershallmaintainalistofthenames ofallofthehighschooldeputyregistrars LIAISONS inthatcountyinapublic file.
Voter registration may be made available only when theschoolisopenforclassesor anyother schoolorcommunityfunction.
(2) The high school deputy registrar LIAISON may register or preregister any student, employee of the school, other person who attends school functions, or any other person who is eligible to register or preregistertovote.Voterregistrationmaybemadeavailableonlywhenthe school is open for classes or any other school or community function.
-14- 1113 (3) A high school deputyregistraLIAISON mayhave available an official application form for voter registration for each student who is eighteenyearsof ageOLD or who will be eighteen yearsof aOLD atthe time of the next election.
(3) A high school deputy registrarLIAISON may have available an official application form for voter registration for each student who is eighteen years of ageOLD or who will be eighteen years of agOLD at the time of the next election.
A high school deputy registrarISON may have available an official application form for preregistration for each student who is fifteen years of age .
A high school deputyregistrarAISON mayhave available an official application form for preregistration for each student who is fifteen years of ageLD .
SECTION11.
SECTION 11.
InColoradoRevisedStatutes,1-2-403,amend(1), (2), and (3)(b);
In Colorado Revised Statutes, 1-2-403, amend (1), (2), and (3)(b);
(1) The county clerk and recorder shall train and supervise the high school deputy registrarsAISONS, and, after training is completed, shall administer the oath of office to the high school deputy registrars LIAISONS.
(1) The countyclerk and recorder shall train and supervise the high school deputy registrarsLIAISONS , and, after training is completed, shall administer the oath of office to the high school deputyregistrarsISONS.
(2) The county clerk and recorder shall issue sufficient materials to each high school deputy registrarLIAISON for the registration or preregistrationofalleligiblestudents,employees,andotherpersonsatthe high school which the high school deputy registrarISON serves.
(2) The countyclerk and recorder shall issue sufficient materials to each high school deputy registrar LIAISON for the registration or preregistration of all eligible students, employees, and other persons at the highschoolwhichthehighschooldeputyregistrar LIAISON serves.Thehigh school deputyregistrar shall give a receipt to the countyclerk and recorder for all materials issued.
The high school deputy registrar shall give a receipt to the county clerk and recorder for all materials issued.
(3) (a) The high school deputy registrar shall stamp the application for registration or preregistration with a validation stamp and provide the applicant with a receipt verifying the application.
(3)(a) Thehighschooldeputyregistrarshallstamptheapplication forregistrationorpreregistrationwithavalidationstampandprovidethe applicant with a receipt verifying the application.
PAGE 10-HOUSE BILL 26-1113 (b)(I) Except as provided insubparagraph(II)of thisparagraph(b) SUBSECTION (3)(b)(II)OF THIS SECTION , the high school deputy registrar LIAISON shall forward applications and changes on a weekly basis to the countyclerk and recorder of thecountyinwhichthehighschoolislocated.
(b) (I) Except as provided in subparagraph (II) of this paragraph (b) SUBSECTION (3)(b)(IIOF THIS SECTION , the high school deputy registrarIAISON shall forward applications and changes on a weekly basis to the county clerk and recorder of the county in which the high -15- 1113 school is located.
(II) (A) During the last week allowed for registration applications submitted by mail prior to any election, the high school deputy registrar LIAISON shallforwardapplicationsdailytothecountyclerkandrecorderof the county in which the high school is located.
(II)(A) Duringthelastweekallowedforregistrationapplications submitted by mail prior to any election, the high school deputy registrar LIAISONshall forward applications dailyto the countyclerk and recorder of the county in which the high school is located.
(B) Within eight days prior to an election, a high school deputy registrarLIAISON shallacceptanapplicationtenderedunderthissectionand shall immediately inform the applicant that, to vote in the upcoming election, the voter must go to a voter service and polling center.
(B) Within eight days prior to an election, a high school deputy registrarIAISON shall accept an application tendered under this section and shall immediatelyinform the applicant that, to vote in the upcoming election, the voter must go to a voter service and polling center.
Notificationthatelectorhasmovedandregisteredin different county.
Notification that elector has moved and registered in different county.
(1) If the elector registers to vote in another county, the county clerk and recorder of the elector's new county of residence shall transfer the elector's registration record from the old county in accordance with the following requirements:F THE ELECTOR PROVIDES A NAME AND AT LEAST TWO OF THE FOLLOWING IDENTIFIERS THAT MATCH THE ELECTOR S PRIORREGISTRATIONRECORD :DATEOFBIRTH ,PRIORRESIDENCE ,DRIVER S LICENSE OR IDENTIFICATION CARD NUMBER ,OR THE LAST FOUR DIGITS OF THE ELECTOR S SOCIAL SECURITY NUMBER .
(1) Iftheelectorregisterstovoteinanothercounty,thecountyclerk and recorder of the elector's new county of residence shall transfer the elector's registration record from the old county in accordance with the following requirements:
(a) If the elector provides a name, date of birth, and prior address and the countyclerk and recorder can match the name, date of birth, and prior address to the elector's prior registration record, the elector's registration record shall be transferred from the old county.
IF THE ELECTOR PROVIDES A NAME AND AT LEAST TWO OF THE FOLLOWING IDENTIFIERS THAT MATCH THE ELECTOR S PRIOR REGISTRATIONRECORD :DATEOFBIRTH ,PRIORRESIDENCE ,DRIVER SLICENSE OR IDENTIFICATION CARD NUMBER ,OR THE LAST FOUR DIGITS OF THE ELECTOR S SOCIAL SECURITY NUMBER .
(b) If the elector provides a name and date of birth but does not provide a prior address, the elector's registration record shall be -16- 1113 transferred from the old county only if:
(a) If the elector provides a name, date of birth, and prior address and the county clerk and recorder can match the name, date of birth, and prior address to the elector's prior registration record, the elector's registration record shall be transferred from the old county.
(I) The elector provides a driver's license or identification card number,andthecountyclerkandrecorderofthenewcountyofresidence can match the name, date of birth, and driver's license or identification card number to the elector's prior registration record;
(b) If the elector provides a name and date of birth but does not provideaprioraddress,theelector'sregistrationrecordshallbe transferred from the old county only if:
or (II) The elector provides a social securitynumber,andthecounty clerk and recorder of the new county of residence can match the name, date of birth,andsocial securitynumber to the elector's prior registration record.
(I) The elector provides a driver's license or identification card PAGE 11-HOUSE BILL 26-1113 number, and the county clerk and recorder of the new county of residence canmatchthename,dateofbirth,anddriver'slicenseoridentificationcard number to the elector's prior registration record;
(c) If the elector does not provide a prior address, driver's license number, or social security number, the registration record shall not be transferred from the old county unless the elector submits additional information that complies with the requirements of this subsection (1).
or (II) The elector provides a social security number, and the county clerkandrecorderofthenewcountyof residencecanmatchthename,date ofbirth,andsocialsecuritynumbertotheelector'spriorregistrationrecord.
The county clerk and recorder of the countyof prior residence may send noticetotheelectorbyforwardablemailtotheelector'saddressofrecord.
(c) If the elector does not provide a prior address, driver's license number, or social security number, the registration record shall not be transferred from the old county unless the elector submits additional informationthatcomplieswiththerequirementsof thissubsection(1).The countyclerk and recorder of the countyof prior residence maysend notice to the elector by forwardable mail to the elector's address of record.
Anysuchnoticeshallhaveareturnableportionthathasthereturnpostage prepaidandispreaddressedtothesendingcountyclerkandrecorder,and shall include an area for the elector to indicate if the elector has moved to another countyand wishes to have his oTHEIR registration record transferred from the old county.
Any such notice shall have a returnable portion that has the return postage prepaid and is preaddressed to the sending county clerk and recorder, and shall include an area for the elector to indicate if the elector has moved to another county and wishes to have his or her THEIR registration record transferred from the old county.
(2) If a county clerk and recorder receives a notice from the secretary of state or from an election official in another state that the elector has registered to vote in another state, the county clerk and recorder of the county of prior residence shall cancel the registration record if the name and birth date or the name and social securitynumber of the elector match.D AT LEAST TWO OFTHE FOLLOWING IDENTIFIERS MATCH :
(2) If a county clerk and recorder receives a notice from the secretaryofstateorfromanelectionofficialinanotherstatethattheelector has registered to vote in another state, the county clerk and recorder of the countyofpriorresidenceshallcanceltheregistrationrecordifthenameand birthdateorthenameandsocialsecuritynumberof theelectormatch.
DATE OF BIRTH , PRIOR RESIDENCE , DRIVER'S LICENSE OR -17- 1113 IDENTIFICATIONCARDNUMBER ,ORLASTFOURDIGITSOFSOCIALSECURITY NUMBER .
AND AT LEAST TWO OF THE FOLLOWING IDENTIFIERS MATCH :DATE OF BIRTH , PRIORRESIDENCE ,DRIVER 'SLICENSE ORIDENTIFICATIONCARDNUMBER ,OR LAST FOUR DIGITS OF SOCIAL SECURITY NUMBER .
SECTION 13.
SECTION13.
In Colorado Revised Statutes, 1-2-604, amend (3)(a) as follows:
InColoradoRevisedStatutes,1-2-604,amend(3)(a) as follows:
(3) (a) The county clerk and recorder may not cancel the registration record pursuant to subsection (1) of this section unless there is a match in the county's registration records and the statewide voter registration database with respect to, at a minimum, the following types of identifying information:CTOR S NAME AND AT LEAST TWO OF THE FOLLOWING IDENTIFIERS:
(3)(a) Thecountyclerkandrecordermaynotcanceltheregistration record pursuant to subsection (1) of this section unless there is a match in the county's registration records and the statewide voter registration database with respect to, at a minimum, the following types of identifying information:
DATE OF BIRTH ,PRIOR RESIDENCE ,DRIVER S LICENSE OR IDENTIFICATION CARD NUMBER,OR THE LAST FOUR DIGITS OF THE ELECTOR'S SOCIAL SECURITY NUMBER .
ELECTOR 'S NAME AND AT LEAST TWO OF THE FOLLOWING IDENTIFIERS :
DATE OF BIRTH , PRIOR RESIDENCE , DRIVER 'S LICENSE OR PAGE 12-HOUSE BILL 26-1113 IDENTIFICATIONCARDNUMBER ,ORTHELASTFOURDIGITSOFTHEELECTOR S SOCIAL SECURITY NUMBER .
or (II) The elector's name, date of birth, and driver's license number or social security number.
or (II) Theelector'sname,date of birth, and driver's licensenumberor social security number.
SECTION14.
SECTION 14.
InColoradoRevisedStatutes,1-2-605,amend(7) as follows:
In Colorado Revised Statutes, 1-2-605, amend (7) as follows:
(7) If an elector whose registration record is marked "Inactive" fails to update his or her registrationrecord,failstorespondto any confirmation card, and fails to vote in any election conducted by the county clerk and recorder during the time period that includes two consecutive general elections since the elector's registration record was marked "Inactive", the county clerk and recorderETARY OF STATE shall cancel the elector's registration record.
(7) If anelectorwhoseregistrationrecordismarked"Inactive"fails to update his or her THEIR registration record, fails to respond to any confirmationcard,andfailstovoteinanyelectionconductedbythecounty clerk and recorder during the time period that includes two consecutive general elections since the elector's registration record was marked "Inactive",thecountyclerkandrecorder SECRETARYOFSTATE shallcancel the elector's registration record.
Nothing in this section allows an elector's registration record to be canceled solelyfor failure to -18- 1113 vote, OR PROHIBITS THE SECRETARY OF STATE FROM REQUESTING ASSISTANCE FROM A COUNTY CLERK AND RECORDER TO CARRY OUT THE DUTIES DESCRIBED IN THIS SUBSECTIO(7).
Nothing in this section allows an elector's registration record to be canceled solely for failure to vote,ROHIBITS THE SECRETARY OF STATE FROM REQUESTING ASSISTANCE FROM A COUNTY CLERK AND RECORDER TO CARRY OUT THE DUTIES DESCRIBED IN THIS SUBSECTION (7).
SECTION15.
SECTION 15.
InColoradoRevisedStatutes,1-4-304,amend(5) as follows:
In Colorado Revised Statutes, 1-4-304, amend (5) as follows:
(5) (a) Each presidential elector shall vote for the presidential candidate and, by separate ballot, vice-presidential candidate who received the highest number of votes at the preceding general election in thisTHE state.
(5) (a) Each presidential elector shall vote for the presidential candidateand,byseparateballot,vice-presidentialcandidatewhoreceived the highest number of votes at the preceding general election in thisE state.
(b) I A PRESIDENTIAL CANDIDATE OR VICE -PRESIDENTIAL CANDIDATE NOMINATED BY A POLITICAL PARTY DIES OR WITHDRAWS AS A CANDIDATE FOR THAT OFFICE IN ACCORDANCE WITH THE RULES OF THE POLITICAL PARTY AFTER ACCEPTING NOMINATION BUT PRIOR TO THE MEETING OF PRESIDENTIAL ELECTORS PURSUANT TO THIS SECTION , AN ELECTOR S VOTE PURSUANT TO SUBSECTION (5)(aOF THIS SECTION FOR SUCH PRESIDENTIAL CANDIDATE OR VICE -PRESIDENTIAL CANDIDATE REFERS TO THE SUCCESSOR CANDIDATE NOMINATED BY THE POLITICAL PARTY IN ACCORDANCE WITH THE RULES OF THE POLITICAL PARTY.
(b) IF A PRESIDENTIAL CANDIDATE OR VICE -PRESIDENTIAL CANDIDATE NOMINATED BY A POLITICAL PARTY DIES OR WITHDRAWS AS A CANDIDATE FOR THAT OFFICE IN ACCORDANCE WITH THE RULES OF THE POLITICAL PARTY AFTER ACCEPTING NOMINATION BUT PRIOR TO THE MEETING OF PRESIDENTIAL ELECTORS PURSUANT TO THIS SECTION ,AN PAGE 13-HOUSE BILL 26-1113 ELECTOR 'S VOTE PURSUANT TO SUBSECTION (5)(a)OF THIS SECTION FOR SUCHPRESIDENTIALCANDIDATEORVICE -PRESIDENTIALCANDIDATEREFERS TO THE SUCCESSOR CANDIDATE NOMINATED BY THE POLITICAL PARTY IN ACCORDANCE WITH THE RULES OF THE POLITICAL PARTY .
ANY VOTEFORASUCCESSORCANDIDATEPURSUANTTOTHISSUBSECTION (5)(b) IS NOT A VIOLATION OF SECTIO1-13-725.
ANY VOTE FOR A SUCCESSOR CANDIDATE PURSUANT TO THIS SUBSECTION (5)(b)IS NOT A VIOLATION OF SECTION 1-13-725.
SECTION16.
SECTION 16.
InColoradoRevisedStatutes,1-4-401,amend(1) and (2);
In Colorado Revised Statutes, 1-4-401, amend (1) and (2);
(1) Except as provided in section 1-4-401.5, when any vacancy occurs in the office of representative in congress from this state, the governor shall,ITHIN SEVEN DAYS OF THE VACANCY , set a day to hold -19- 1113 an election to fillthevacancyandcausenoticeof the election to be given asrequiredinpart2of article5ofthistitle;butnocongressionalvacancy electionshallbeheldduringtheninetydayspriortoageneralelection.or less than eighty-five days or more than one hundred days after the vacancy occursF THE VACANCY OCCURS BETWEEN ONE HUNDRED FIFTY AND NINETY DAYS PRIOR TO A REGULARLY SCHEDULED STATEWIDE PRESIDENTIAL PRIMARY, PRIMARY, OR COORDINATED ELECTION , THE CONGRESSIONAL VACANCY ELECTION SHALL BE HELD AS PART OF THAT ELECTION.IF THE VACANCY OCCURS OUTSIDE THE PERIOD BETWEEN ONE HUNDRED FIFTY DAYS AND NINETY DAYS PRIOR TO A REGULARLY SCHEDULED STATEWIDE PRESIDENTIAL PRIMARY , PRIMARY, OR COORDINATEDELECTION ,THECONGRESSIONALVACANCYELECTIONSHALL BE HELD NO LESS THAN NINETY DAYS AND NO MORE THAN ONE HUNDRED TWENTY DAYS AFTER THE VACANCY OCCURS .
(1) Except as provided in section 1-4-401.5, when any vacancy occurs in the office of representative in congress from this state, the governor shall,ITHIN SEVEN DAYS OF THE VACANCY , set a day to hold an election to fill the vacancy and cause notice of the election to be given as required in part 2 of article 5 of this title;
(2) A congressional vacancy electionELD AS A SEPARATE ELECTION shall be conducted and the results thereof surveyed and certified in all respects as nearly as practicable in like manner as for ACCORDING TO THE PROVISIONS THAT GOVERNgeneral elections, except as otherwise provided in this code.
but no congressional vacancy election shall be held during the ninety days prior to a general election.
(3) A CONGRESSIONAL VACANCY ELECTION HELD AS PART OF A REGULARLYSCHEDULEDSTATEWIDEELECTIONSHALLBECONDUCTEDAND THE RESULTS THEREOF SURVEYED AND CERTIFIED IN ALL RESPECTS ACCORDING TO THE PROVISIONS GOVERNING THAT REGULARLY SCHEDULED STATEWIDE ELECTION ,EXCEPT AS OTHERWISE PROVIDED IN THIS CODE.
or less than eighty-five days or more than one hundred days after the vacancy occursIFTHEVACANCYOCCURSBETWEENONEHUNDREDFIFTYANDNINETY DAYS PRIOR TO A REGULARLY SCHEDULED STATEWIDE PRESIDENTIAL PRIMARY , PRIMARY , OR COORDINATED ELECTION , THE CONGRESSIONAL VACANCY ELECTION SHALL BE HELD AS PART OF THAT ELECTION .
F THE VACANCYOCCURSOUTSIDETHEPERIODBETWEENONEHUNDREDFIFTYDAYS AND NINETY DAYS PRIOR TO A REGULARLY SCHEDULED STATEWIDE PRESIDENTIAL PRIMARY , PRIMARY , OR COORDINATED ELECTION , THE CONGRESSIONALVACANCYELECTIONSHALLBEHELDNOLESSTHANNINETY DAYS AND NO MORE THAN ONE HUNDRED TWENTY DAYS AFTER THE VACANCY OCCURS .
(2) Acongressionalvacancyelection HELDASASEPARATEELECTION shall be conducted and the results thereof surveyed and certified in all respects as nearly as practicable in like manner as forDING TO THE PROVISIONS THAT GOVERN general elections, except as otherwise provided in this code.
(3) A CONGRESSIONAL VACANCY ELECTION HELD AS PART OF A REGULARLY SCHEDULED STATEWIDE ELECTION SHALL BE CONDUCTED AND THE RESULTS THEREOF SURVEYED AND CERTIFIED IN ALL RESPECTS ACCORDINGTOTHEPROVISIONSGOVERNINGTHAT REGULARLYSCHEDULED PAGE 14-HOUSE BILL 26-1113 STATEWIDE ELECTION , EXCEPT AS OTHERWISE PROVIDED IN THIS CODE .
and add (3)ows:
and add (3) as follows:
-20- 1113 1-4-402.
1-4-402.
(1) (a) Any convention of delegates of a political party or any committee authorized by resolution of the convention shall nominate a candidate to fill a vacancy in the unexpired term of a representative in congress.Astatecentralcommittee,itsmanagingorexecutivecommittee selected pursuant to section 1-3-105 (2), or any other committee designated by the bylaws of the state central committee to convene a conventiontonominateacandidatetofillavacancyintheunexpiredterm of a representative in congress shall convene the convention and shall provide the procedure for the nomination of the candidate.
(1) (a) Any convention of delegates of a political party or any committee authorized by resolution of the convention shall nominate a candidate to fill a vacancy in the unexpired term of a representative in congress.
A copyof the notice of election, as set by the governor and filed with the secretary of state, shall be sent by certifiedOR mail to the state chairperson of each political party.
A state central committee, its managing or executive committee selectedpursuanttosection1-3-105(2),oranyothercommitteedesignated by the bylaws of the state central committee to convene a convention to nominate a candidate to fill a vacancy in the unexpired term of a representative in congress shall convene the convention and shall provide the procedure for the nomination of the candidate.
(c) No convention shall be held later than the twentieth dayfrom the date of the order issued by the governorE DAYS PRIOR TO THE DEADLINE FOR THE SECRETARY OF STATE TO CERTIFY BALLOT CONTENT FOR THE ELECTION.
A copy of the notice of election,assetbythegovernorandfiledwiththesecretaryof state,shallbe sent by certifiedMAIL OR mail to the state chairperson of each political party.
(2) The nomination to fill the vacancy in the unexpired term of a representative in congress made by the political party convention or a committee authorized bythe convention shall be certified byaffidavit of the presiding officer and secretary of the convention or committee FORM PROVIDED BY THE SECRETARY OF STATE .
(c) Noconventionshallbeheldlaterthanthetwentiethdayfromthe date of the order issued bythe governFIVE DAYSPRIORTOTHE DEADLINE FOR THE SECRETARY OF STATE TO CERTIFY BALLOT CONTENT FOR THE ELECTION .
(3) (a) AY VACANCY IN NOMINATION WHICH OCCURS AFTER THE DATE OF THE CONVENTION OR COMMITTEE DESCRIBED IN THIS SECTION SHALL BE FILLED BY THE PARTY IN ACCORDANCE WITH PARTY RULES .
(2) The nomination to fill the vacancy in the unexpired term of a representative in congress made by the political party convention or a committeeauthorizedbytheconventionshallbecertifiedbyaffidavitofthe presiding officer and secretary of the convention or committee A FORM PROVIDED BY THE SECRETARY OF STATE .
(b) WHENAVACANCYINAPARTYNOMINATIONISFILLEDPRIORTO THE BALLOTS BEING PRINTED ,THE SECRETARY OF STATE SHALL DIRECT -21- 1113 EACH COUNTY CLERK AND RECORDER TO PRINT THE NAME OF THE REPLACEMENT CANDIDATE ON THE BALLOT .
(3) (a) ANY VACANCY IN NOMINATION WHICH OCCURS AFTER THE DATE OF THE CONVENTION OR COMMITTEE DESCRIBED IN THIS SECTION SHALL BE FILLED BY THE PARTY IN ACCORDANCE WITH PARTY RULES .
(c) W HEN A VACANCY IN A PARTY NOMINATION IS FILLED SUBSEQUENT TO THE BALLOTS BEING PRINTE,THE SECRETARY OFSTATE SHALL DIRECT EACH COUNTY CLERK AND RECORDER TO:
(b) W HEN A VACANCY IN A PARTY NOMINATION IS FILLED PRIOR TO THEBALLOTSBEINGPRINTED ,THESECRETARYOFSTATESHALLDIRECTEACH COUNTY CLERK AND RECORDER TO PRINT THE NAME OF THE REPLACEMENT CANDIDATE ON THE BALLOT .
(I) POMINENTLYPOST ,ONTHEDESIGNATEDELECTIONOFFICIAL S WEBSITEANDINEACHVOTERSERVICEANDPOLLINGCENTER ,ANOTICEOF THE VACANCY AND THE NAME OF THE REPLACEMENT CANDIDATE ;AND (II) ETHER PRINT AND PLACE ON THE SAMPLE BALLO,WHICH IS DELIVEREDTOTHEELECTIONJUDGESANDPOSTEDPURSUANTTOSECTION 1-5-413,A STICKER OF A DIFFERENT COLOR THAN THE SAMPLE BALLOT INDICATINGTHENAMEOFTHEREPLACEMENTCANDIDATEORREPRINTTHE SAMPLE BALLOT WITH THE NAME OF THE REPLACEMENT CANDIDATE IN A DIFFERENT COLOR.
PAGE 15-HOUSE BILL 26-1113 (c) W HEN A VACANCY IN A PARTY NOMINATION IS FILLED SUBSEQUENT TO THE BALLOTS BEING PRINTED ,THE SECRETARY OF STATE SHALL DIRECT EACH COUNTY CLERK AND RECORDER TO :
(d) VOTES CAST FOR THE CANDIDATE WHO VACATED THE NOMINATION MUST BE COUNTED AS VOTES FOR THE REPLACEMENT CANDIDATE .
(I) PROMINENTLY POST ,ON THE DESIGNATED ELECTION OFFICIAL S WEBSITE AND IN EACH VOTER SERVICE AND POLLING CENTER ,A NOTICE OF THE VACANCY AND THE NAME OF THE REPLACEMENT CANDIDATE ;AND (II) EITHER PRINT AND PLACE ON THE SAMPLE BALLOT ,WHICH IS DELIVERED TO THE ELECTION JUDGES AND POSTED PURSUANT TO SECTION 1-5-413, A STICKER OF A DIFFERENT COLOR THAN THE SAMPLE BALLOT INDICATING THE NAME OF THE REPLACEMENT CANDIDATE OR REPRINT THE SAMPLE BALLOT WITH THE NAME OF THE REPLACEMENT CANDIDATE IN A DIFFERENT COLOR .
(d) V OTES CAST FOR THE CANDIDATE WHO VACATED THE NOMINATION MUST BE COUNTED AS VOTES FOR THE REPLACEMENT CANDIDATE .
Nomination of unaffiliated candidates for congressional vacancy election.
Nominationofunaffiliatedcandidatesforcongressional vacancy election.
(1) Except as provided in section 1-4-401.5, candidates for congress at a congressional vacancyelection who do not wishto affiliate with a major political partymaybe nominated pursuant to the provisions of section 1-4-802.
(1) Exceptasprovidedinsection1-4-401.5,candidatesforcongress at a congressional vacancy election who do not wish to affiliate with a major politicalpartymaybenominatedpursuanttotheprovisionsofsection 1-4-802.
on the TENTHiday after the date of the order issued by theBEFORE THE DEADLINE -22- 1113 FORTHESECRETARYOFSTATETOCERTIFYTHEBALLOTCONTENTFORTHE ELECTION.
on the twentiethTH day afterthedateoftheorderissuedbythegovernor BEFORETHEDEADLINEFOR THE SECRETARY OF STATE TO CERTIFY THE BALLOT CONTENT FOR THE ELECTION .
Nomination and acceptance of candidate - arrangement of names on ballots.
Nominationandacceptanceofcandidate-arrangement of names on ballots.
(1) Any person nominated in accordance with this article 4 shall file a written acceptance with the secretary of state by mail or hand delivery.
PAGE 16-HOUSE BILL 26-1113 (1) Anypersonnominatedinaccordancewiththisarticle4shallfile a written acceptance with the secretary of state by mail or hand delivery.
The written acceptance must be postmarked or received by the secretary of state within four business days after the adjournment of the assembly.
The written acceptance must be postmarked or received bythe secretaryof state within four business days after the adjournment of the assembly.
If an acceptance is not filed within the specified time, the candidateisdeemedtohavedeclinedthenomination,andthenomination must be treated as a vacancy to be filled as provided in part 10 of this article 4.
If an acceptanceisnotfiledwithinthespecifiedtime,thecandidateisdeemedto have declined the nomination, and the nomination must be treated as a vacancy to be filled as provided in part 10 of this article 4.
(2) THESECRETARYOFSTATESHALLARRANGETHENAMESOFALL CANDIDATES WHO HAVE BEEN DULY NOMINATED AND FILED A WRITTEN ACCEPTANCE IN ACCORDANCE WITH SUBSECTION (1)OF THIS SECTION ON THEBALLOTUNDERTHEDESIGNATIONOFTHEOFFICEINTHREEGROUPSAS FOLLOWS :
(2) T HE SECRETARY OF STATE SHALL ARRANGE THE NAMES OF ALL CANDIDATES WHO HAVE BEEN DULY NOMINATED AND FILED A WRITTEN ACCEPTANCEINACCORDANCEWITHSUBSECTION (1)OFTHISSECTIONONTHE BALLOT UNDER THE DESIGNATION OF THE OFFICE IN THREE GROUPS AS FOLLOWS :
(a) THE NAMES OF THE CANDIDATES OF THE MAJOR POLITICAL PARTIES SHALLBE PLACED ON THE BALLOT INAN ORDER ESTABLISHED BY LOT AND SHALL COMPRISE THE FIRST GROU;
(a) T HE NAMES OF THE CANDIDATES OF THE MAJOR POLITICAL PARTIES SHALL BE PLACED ON THE BALLOT IN AN ORDER ESTABLISHED BY LOT AND SHALL COMPRISE THE FIRST GROUP ;
(b) THE NAMES OF THE CANDIDATES OF THE MINOR POLITICAL PARTIES SHALL BE LISTED IN AN ORDER ESTABLISHED BY LOT AND SHALL COMPRISE THE SECOND GROUP;AND (c) THE NAMES OF THE UNAFFILIATED CANDIDATES SHALL BE LISTED IN AN ORDER ESTABLISHED BY LOT AND SHALL COMPRISE THE -23- 1113 THIRD GROUP .
(b) T HE NAMES OF THE CANDIDATES OF THE MINOR POLITICAL PARTIES SHALL BE LISTED IN AN ORDER ESTABLISHED BY LOT AND SHALL COMPRISE THE SECOND GROUP ;
SECTION20.
AND (c) THENAMESOFTHEUNAFFILIATEDCANDIDATESSHALLBELISTED INANORDERESTABLISHEDBYLOTANDSHALLCOMPRISETHETHIRDGROUP .
InColoradoRevisedStatutes,1-4-501,amend(1) and (2) as follows:
SECTION 20.
In Colorado Revised Statutes, 1-4-501, amend (1) and (2) as follows:
(1) No person except an eligible elector who is at least eighteen yearsofage OLD,unlessanotherageisrequiredbylaw,iseligibletohold anyofficeinthisstate.Nopersoniseligibletobeadesigneeorcandidate for officeAT A PRESIDENTIAL PRIMARY , STATE PRIMARY, GENERAL ELECTION,CONGRESSIONALVACANCYELECTION ,OROTHERCOORDINATED ELECTION unless that person fully meets the qualifications of that office as stated in the constitution and statutes ofED STATES OR this state on or before the date the termof that office SECRETARYhe OFSTATE ,ORdesignatedelectionofficiASAPPLICABLE,shallnotcertify the name of anydesignee or candidate who fails toswearoraffirmunder oath that he or sheY will fullymeet the qualifications of the office if elected;orwhoisunabletoprovideproofthatheorshemeetsTHEYMEET any requirements of the office relating to registration, residence, or property ownership;
(1) No person except an eligible elector who is at least eighteen years of ageOLD, unless another age is required by law, is eligible to hold any office in this state.
or who theECRETARY OF STATE OR designated election official determines is not qualified to hold the office that he or she seeks THEY SEEK based on residency requirementsOR OTHER REQUIREMENTSWHICHAREOBJECTIVELYVERIFIABLESUCHASAGE ,PLACE OFBIRTH TERMLIMITS ,ORPARTYAFFILIATION .Theinformationfoundon theperson'svoterregistrationrecordisadmissibleasprimafacieevidence of compliance with this section.
No person is eligible to be a designee or candidate for office AT A PRESIDENTIAL PRIMARY , STATE PRIMARY , GENERAL ELECTION ,CONGRESSIONAL VACANCY ELECTION ,OR OTHER COORDINATED ELECTION unless that person fully meets the qualifications of that office as stated in the constitution and statutes of NITED STATES OR this state on or before the date the term of that office begins.
TheRETARY OF STATE ,OR designated election officAS APPLICABLE , shall not certifythe name of anydesignee or candidate who fails to swear or affirm under oath PAGE 17-HOUSE BILL 26-1113 thatheorshe THEY willfullymeetthequalificationsoftheofficeifelected;
or who is unable to provide proof that he or she meets THEY MEET any requirements of the office relating to registration, residence, or property ownership;orwhothe SECRETARYOFSTATEOR designatedelectionofficial determinesisnotqualifiedtoholdtheofficethatheorsheseeks THEYSEEK based on residency requirements, OR OTHER REQUIREMENTS WHICH ARE OBJECTIVELY VERIFIABLE SUCH AS AGE ,PLACE OF BIRTH ,TERM LIMITS , OR PARTY AFFILIATION .
The information found on the person's voter registrationrecordisadmissibleasprimafacieevidenceofcompliancewith this section.
except that this subsection (2) does not apply to membershipsondifferentspecialdistrictboards.Thissubsection(2)shall -24- 1113 not prohibit a candidate or elected official of any political subdivision frombeingacandidateormemberoftheboardofdirectorsofanyspecial district or districts in which he or she is an eligible elector, unless otherwise prohibited by law.
except that this subsection (2) does not apply to memberships on different special district boards.
SECTION21.
This subsection (2) shall not prohibit a candidate or elected official of any political subdivision from being a candidate or member of the board of directors of any special district or districtsinwhichheorsheis THEYARE aneligibleelector,unlessotherwise prohibited by law.
InColoradoRevisedStatutes,1-4-604,amend(3) as follows:
SECTION 21.
(3) Certificates of designation byassembly shall be filed no later than four days after the adjournment of the assembly.
In Colorado Revised Statutes, 1-4-604, amend (3) as follows:
1-4-604.
Filing of petitions and certificates of designation by assembly - legislative declaration.
(3) Certificates of designation by assembly shall be filed no later than four days after the adjournment of the assembly.
however, the original certificate must also be filed and postmarked no later than ten days after the adjournment of the assembly.
however, the original certificate mustalsobefiledandpostmarkednolaterthanten days after the adjournment of the assembly.
SECTION22.
SECTION 22.
InColoradoRevisedStatutes,1-4-802,amend(1) introductory portion and (1)(f)(I) as follows:
In Colorado Revised Statutes, 1-4-802, amend (1) introductory portion and (1)(f)(I) as follows:
(1) Candidates for partisan public offices to be filled at a general or congressional vacancy election who do not wish to affiliate with a majorpoliticalpartANDCANDIDATESFORACONGRESSIONALVACANCY ELECTION WHO DO NOT WISH TO AFFILIATE WITH ANY POLITICAL PAR,Y may be nominated, other than by a primary election or a convention, in the following manner:
(1) Candidates for partisan public offices to be filled at a general or congressional vacancy election who do not wish to affiliate with a major political party, AND CANDIDATES FOR A CONGRESSIONAL VACANCY PAGE 18-HOUSE BILL 26-1113 ELECTIONWHODONOTWISHTOAFFILIATEWITHANYPOLITICALPARTY ,may be nominated, other than by a primary election or a convention, in the following manner:
on the one hundred seventeenth day before the general election or, for a congressional vacancy election, no later than 5 p.m.
on the one hundred seventeenth daybefore the general election or, for a congressional vacancyelection, no later than 5 p.m.
on the tTENTHeday after the date of the order issued by the gBEFORE THE DEADLINE FOR THE SECRETARY OF STATE TO CERTIFY THE BALLOT CONTENT FOR THE -25- 1113 ELECTION .
on the twentieth TENTH day after the date of the order issuedbythegovernor BEFORETHEDEADLINEFORTHESECRETARYOFSTATE TO CERTIFY THE BALLOT CONTENT FOR THE ELECTION .
SECTION23.
SECTION 23.
InColoradoRevisedStatutes,1-4-904,amend(3) as follows:
In Colorado Revised Statutes, 1-4-904, amend (3) as follows:
(3) Unless physically unable, all electors shall sign their own signatureandshallprinttheirnames,theirrespectiveresidenceaddresses, including the street number and name, the city or town, the county, and the date of signature.
(3) Unless physically unable, all electors shall sign their own signature and shall print their names, their respective residence addresses, including the street number and name, the cityor town, the county,and the date of signature.
(3) IF A PARTY FAILS TO FILL A VACANCY IN NOMINATION BY THE DEADLINESESTABLISHEDINTHISPART 10,THATVACANCYINNOMINATION SHALL REMAIN UNFILLED .
(3) IF A PARTY FAILS TO FILL A VACANCY IN NOMINATION BY THE DEADLINES ESTABLISHED IN THIS PART 10, THAT VACANCY IN NOMINATION SHALL REMAIN UNFILLED .
(3) (a) No vacancycommittee called to fill a vacancypursuant to this section may select a person to fill the vacancy at a meeting held for that purpose unless a written notice announcing the time and location of the vacancy committee meeting was mailed to each of the committee members within fivTEN calendar days of the chairperson of the central committee receiving notice oFROM THE DATE the vacancyOCCURS .
(3) (a) No vacancy committee called to fill a vacancy pursuant to thissectionmayselectapersontofillthevacancyatameetingheldforthat purpose unless a written notice announcing the time and location of the PAGE 19-HOUSE BILL 26-1113 vacancycommittee meetingwasmailedtoeachof the committee members within five TEN calendar days of the chairperson of the central committee receiving notice of FROM THE DATE the vacancy OCCURS .
-26- 1113 In addition to this mailing, the chairperson of the central committee may also contact the committee members by electronic mail.
In addition to this mailing, the chairperson of the central committee may also contact the committee members by electronic mail.
(b)(IV) Ifthevacancycommitteefailstotimelycertifyaselection WITHINTWENTYCALENDARDAYSFROMTHEDATETHEVACANCYOCCURS , OR SIXTY SIX DAYS BEFORE THE DATE OF THE PRIMARY ELECTION , WHICHEVERISSOONER ,thestatechairofthepartyofthecandidatewhose declination, death, disqualification, or withdrawal caused the vacancy, within seven days, shall fill the vacancy by appointing a person who meets all of the requirements of candidacy as of the date of the appointment and who is affiliated with the same political partyshown in the statewide voter registration system as the candidate whose declination, death, disqualification, or withdrawal caused the vacancy.
(b) (IV) If the vacancy committee fails to timelycertify a selection WITHIN TWENTY CALENDAR DAYS FROM THE DATE THE VACANCY OCCURS , OR SIXTY -SIX DAYS BEFORE THE DATE OF THE PRIMARY ELECTION , WHICHEVER IS SOONER , the state chair of the party of the candidate whose declination, death, disqualification, or withdrawal caused the vacancy, within seven days, shall fill the vacancybyappointing a person who meets all of the requirements of candidacy as of the date of the appointment and who is affiliated with the same political partyshown in the statewide voter registration system as the candidate whose declination, death, disqualification,orwithdrawalcausedthevacancy.Thenameoftheperson appointedbythestatechairmustbecertifiedtothesecretaryofstate ORTHE DESIGNATED ELECTION OFFICIAL .
The name of the person appointed by the state chair must be certified to the secretary of sOR THE DESIGNATED ELECTION OFFICIAL.
(3) (a) No vacancycommittee called to fill a vacancypursuant to thissectionmayselectapersontofillavacancyatameetingheldforthat purpose unless a written notice announcing the time and location of the vacancy committee meeting was mailed to each of the committee members within fivTEN calendar days of the chairperson of the central committee learning oFROM THE DATE the vacancOCCURS .
(3) (a) No vacancy committee called to fill a vacancy pursuant to this section may select a person to fill a vacancy at a meeting held for that purpose unless a written notice announcing the time and location of the vacancycommitteemeetingwasmailedto each of the committeemembers within five TEN calendar days of the chairperson of the central committee learning of FROM THE DATE the vacancy OCCURS .
Mailing of thenoticeiseffectivewhenthenoticeisproperlyaddressedanddeposited in the United States mail, with first-class postage prepaid.
Mailing of the notice is effectivewhenthenoticeisproperlyaddressedanddepositedintheUnited States mail, with first-classpostageprepaid.Inaddition to this mailing, the chairperson of the central committee may also contact the committee members by electronic mail.
In addition to -27- 1113 this mailing, the chairperson of the central committee may also contact the committee members by electronic mail.
(b) (IV) If the vacancy committee fails to timelycertify a selection PAGE 20-HOUSE BILL 26-1113 WITHIN TWENTY CALENDAR DAYS FROM THE DATE THE VACANCY OCCURS , the state chair of the party of the candidate whose declination, death, disqualification,orwithdrawalcausedthevacancy,withinsevendays,shall fill the vacancy by appointing a person who meets all of the requirements ofcandidacyasofthedateoftheappointmentandwhoisaffiliatedwiththe same political partyshown in the statewide voter registration system as the candidate whosedeclination,death, disqualification, or withdrawal caused the vacancy.
(b)(IV) Ifthevacancycommitteefailstotimelycertifyaselection WITHINTWENTYCALENDARDAYSFROMTHEDATETHEVACANCYOCCURS , the state chair of the party of the candidate whose declination, death, disqualification, or withdrawal caused the vacancy, within seven days, shall fill the vacancy by appointing a person who meets all of the requirements of candidacy as of the date of the appointment and who is affiliated with the same political party shown in the statewide voter registration system as the candidate whose declination, death, disqualification, or withdrawal caused the vacancy.
The name of the person appointed by the state chair must be certified to the secretary of state THE DESIGNATED ELECTION OFFICIAL .
The name of the person appointed by the state chair must be certified to the secretary of stateOR THE DESIGNATED ELECTION OFFICIAL.
(c) (I) The designation and acceptance of the person selected to fill the vacancy must be submitted to the designated election official no later than three days from either the date of the vacancy committee meeting or from the date of appointment by the state chair pursuant to subsection (3)(b)(IV) of this section, as applicable;XCEPT THAT ,THE DESIGNATION AND ACCEPTANCE MUST IN ALL CASES BE SUBMITTED NO LATER THAN THE DAY BEFORE THE DATE OF THE PRIMARY ELECTION .
(c) (I) The designation and acceptance of the person selected to fill the vacancy must be submitted to the designated election official no later than three days from either the date of the vacancy committee meeting or from the date of appointment by the state chair pursuant to subsection (3)(b)(IV) of this section, as applEXCEPT THAT ,THE DESIGNATION AND ACCEPTANCE MUST IN ALL CASES BE SUBMITTED NO LATER THAN THE DAY BEFORE THE DATE OF THE PRIMARY ELECTION .
Vacancies in major party designation occurring from the day after the earliest day to mail primary election ballots through primary election day.
Vacanciesinmajorparty designationoccurringfrom the day after the earliest day to mail primary election ballots through primary election day.
(3) (a) No vacancycommittee called to fill a vacancypursuant to thissectionmayselectapersontofillavacancyatameetingheldforthat -28- 1113 purpose unless a written notice announcing the time and location of the vacancy committee meeting was mailed to each of the committee members within fiveTEN calendar days of the chairperson of the central committee learning oFROM THE DATE the vacancOCCURS .
(3) (a) No vacancy committee called to fill a vacancy pursuant to this section may select a person to fill a vacancy at a meeting held for that purpose unless a written notice announcing the time and location of the vacancycommittee meeting was mailed toeachof thecommitteemembers within five TEN calendar days of the chairperson of the central committee learning of FROM THE DATE the vacancy OCCURS .
Mailing of thenoticeiseffectivewhenthenoticeisproperlyaddressedanddeposited in the United States mail, with first-class postage prepaid.
Mailing of the notice is effectivewhenthenoticeisproperlyaddressedanddepositedintheUnited States mail, with first-class postage prepaid.
In addition to the mailing, the chairperson of the central committee may also contact committee members by electronic mail.
In addition to the mailing, the chairpersonof thecentralcommitteemayalsocontactcommitteemembers by electronic mail.
(b)(IV) Ifthevacancycommitteefailstotimelycertifyaselection WITHINTWENTYCALENDARDAYSFROMTHEDATETHEVACANCYOCCURS , OR FIVE DAYS FROM THE DATE OF THE PRIMARY ELECTION,WHICHEVER IS SOONER , the state chair of the party of the candidate whose declination, death, disqualification, or withdrawal caused the vacancy, within seven days, shall fill the vacancy by appointing a person who meets all of the requirements of candidacy as of the date of the appointment and who is affiliated with the same political party shown in the statewide voter registration system as the candidate whose declination, death, disqualification, or withdrawal caused the vacancy.
(b) (IV) If the vacancy committee fails to timelycertify a selection WITHIN TWENTY CALENDAR DAYS FROM THE DATE THE VACANCY OCCURS , OR FIVE DAYS FROM THE DATE OF THE PRIMARY ELECTION ,WHICHEVER IS SOONER , the state chair of the party of the candidate whose declination, PAGE 21-HOUSE BILL 26-1113 death, disqualification, or withdrawal caused the vacancy, within seven days, shall fill the vacancy by appointing a person who meets all of the requirements of candidacy as of the date of the appointment and who is affiliated with the same political party shown in the statewide voter registration system as the candidate whose declination, death, disqualification,orwithdrawalcausedthevacancy.Thenameoftheperson appointedbythestatechairmustbecertifiedtothesecretaryofstate ORTHE DESIGNATED ELECTION OFFICIAL .
The name of the person appointed by the state chair must be certified to the secretary of stateOR THE DESIGNATED ELECTION OFFICIAL.
(c) (I) The designation and acceptance of the person selected to fill the vacancy must be submitted to the designated election official no later than three days from either the date of the vacancy committee meeting or from the date of appointment by the state chair pursuant to subsection (3)(b)(IV) of this section, as applicable;CEPT THAT , THE DESIGNATION ANDACCEPTANCEMUSTINALLCASESBESUBMITTEDNOLATERTHANSEVEN DAYS FROM THE DATE OF THE PRIMARY ELECTION .
(c) (I) The designation and acceptance of the person selected to fill the vacancy must be submitted to the designated election official no later than three days from either the date of the vacancy committee meeting or from the date of appointment by the state chair pursuant to subsection (3)(b)(IV) of this section, as applEXCEPT THAT ,THE DESIGNATION AND ACCEPTANCE MUST IN ALL CASES BE SUBMITTED NO LATER THAN SEVEN DAYS FROM THE DATE OF THE PRIMARY ELECTION .
(4) When a vacancy in a party nomination is filled pursuant to this section:
-29- 1113 (4) Whenavacancyinapartynominationisfilledpursuanttothis section:
(b) Votes cast for the candidate who vacated the designation must be counted as votes for the replacement candidate IF A REPLACEMENT CANDIDATE HAS BEEN CERTIFIED TO THE SECRETARY OF STATE OR THE DESIGNATED ELECTION OFFICIAL ON OR BEFORE THE DATE OF THE PRIMARY ELECTION .
(b) Votescastforthecandidatewhovacatedthedesignationmust be counted as votes for the replacement candiIF A REPLACEMENT CANDIDATE HAS BEEN CERTIFIED TO THE SECRETARY OF STATE OR THE DESIGNATEDELECTIONOFFICIALONORBEFORETHEDATEOFTHEPRIMARY ELECTION .
Vacancies in major party nomination occurring from the day after primary election day through the earliest day to mail general election ballots.
Vacanciesinmajorparty nominationoccurringfrom the day after primary election day through the earliest day to mail general election ballots.
(3) (a) No vacancycommittee called to fill a vacancypursuant to thissectionmayselectapersontofillavacancyatameetingheldforthat purpose unless a written notice announcing the time and location of the vacancy committee meeting was mailed to each of the committee members within fivTEN calendar days of the chairperson of the central committee learning oFROM THE DATE the vacancOCCURS .
(3) (a) No vacancy committee called to fill a vacancy pursuant to this section may select a person to fill a vacancy at a meeting held for that purpose unless a written notice announcing the time and location of the vacancycommitteemeetingwasmailedto each of the committeemembers within fiveTEN calendar days of the chairperson of the central committee learning ofFROM THE DATE the vacancy OCCURS .
Mailing of thenoticeiseffectivewhenthenoticeisproperlyaddressedanddeposited in the United States mail, with first-class postage prepaid.
Mailing of the notice is effectivewhenthenoticeisproperlyaddressedanddepositedintheUnited PAGE 22-HOUSE BILL 26-1113 States mail, with first-class postage prepaid.
In addition to the mailing, the chairperson of the central committee may also contact committee members by electronic mail.
In addition to the mailing, the chairpersonof thecentralcommitteemayalsocontactcommitteemembers by electronic mail.
(b)(IV) Ifthevacancycommitteefailstotimelycertifyaselection WITHINTWENTYCALENDARDAYSFROMTHEDATETHEVACANCYOCCURS , the state chair of the party of the candidate whose declination, death, disqualification, or withdrawal caused the vacancy, within seven days, shall fill the vacancy by appointing a person who meets all of the -30- 1113 requirements of candidacy as of the date of the appointment and who is affiliated with the same political party shown in the statewide voter registration system as the candidate whose declination, death, disqualification, or withdrawal caused the vacancy.
(b) (IV) If the vacancy committee fails to timely certify a selection WITHIN TWENTY CALENDAR DAYS FROM THE DATE THE VACANCY OCCURS , the state chair of the party of the candidate whose declination, death, disqualification,orwithdrawalcausedthevacancy,withinsevendays,shall fill the vacancy by appointing a person who meets all of the requirements ofcandidacyasofthedateoftheappointmentandwhoisaffiliatedwiththe same political partyshown in the statewide voter registration systemas the candidate whose declination, death, disqualification,orwithdrawal caused the vacancy.
The name of the person appointed by the state chair must be certified to the secretary of statOR THE DESIGNATED ELECTION OFFICIA.
The name of the person appointed by the state chair must be certified to the secretary of stateR THE DESIGNATED ELECTION OFFICIAL .
The vacancyis filled until the next general election after the vacancy occurs, when the vacancy is filled by election.
The vacancy is filled until the next general election after the vacancy occurs, when the vacancy is filled by election.
except that such certificatioDESIGNATION AND ACCEPTANCE must in all cases be submitted nolaterthanthesixty-fourthdaybeforethedate of the general election.
except that such certification DESIGNATIONANDACCEPTANCE mustinallcasesbesubmittednolaterthan the sixty-fourthday before the date of the general election.
SECTION 29.
SECTION29.
In Colorado Revised Statutes, 1-4-1006, amend (2) as follows:
In ColoradoRevisedStatutes,1-4-1006,amend(2) as follows:
Vacancies in major party nomination occurring from the day after the earliest day to mail general election ballots through general election day.
Vacanciesinmajorparty nominationoccurringfrom the day after the earliest day to mail general election ballots through general election day.
(2) Avacancyoccurringfromthedayaftertheearliestdaytomail general election ballots through general election day REMAIN UNFILLED.
(2) A vacancy occurring from the day after the earliest day to mail general election ballots through general election day must REMAIN UNFILLED .IFTHE CANDIDATERECEIVINGTHEMOSTVOTESINTHEELECTION IS THE CANDIDATE WHOSE WITHDRAWAL OR DISQUALIFICATION CREATED THE VACANCY ,THE VACANCY IN OFFICE MUST be filled in accordance with part 2 of article 12 of this code.
IF THE CANDIDATE RECEIVING THE MOST VOTES IN THE ELECTIONISTHECANDIDATEWHOSEWITHDRAWALORDISQUALIFICATION CREATED THE VACANCY ,THE VACANCY IN OFFICE MUST be filled in accordance with part 2 of article 12 of this code.
SECTION 30.
-31- 1113 SECTION30.
In Colorado Revised Statutes, amend 1-4-1007 as PAGE 23-HOUSE BILL 26-1113 follows:
InColoradoRevisedStatutes,amend1-4-1007as follows:
Vacanciesinminorpartydesignationornomination.
Vacancies in minor party designation or nomination.
Anyvacancyin a nomination foraminorpoliticalpartycandidate occurring after the filing of the certificate of designation pursuant to section 1-4-1304 (3) and no later than seventydays before the general or congressionalvacancyelection,whichiscausedbythedeclination,death, disqualification, or withdrawal of any person nominated by the minor political party, may be filled by the person or persons designated in the constitution or bylaws of the minor political party to filHEvacancies.
Any vacancy in a nomination for a minor political party candidate occurringafterthefilingofthecertificateofdesignationpursuanttosection 1-4-1304 (3) and no later than seventy days before the general or congressional vacancy election, which is caused by the declination, death, disqualification, or withdrawal of any person nominated by the minor political party, may be filled by the person or persons designated in the constitution or bylaws of the minor political party to fill vacancies.
T DESIGNATION AND ACCEPTANCE OF THE PERSON SELECTED TO FILL THE VACANCY MUST BE SUBMITTED TO THE DESIGNATED ELECTION OFFICIAL NO LATER THAN THE SIXTY -FOURTH DAY BEFORE THE DATE OF THE GENERAL ELECTION.
T DESIGNATION AND ACCEPTANCE OF THE PERSON SELECTED TO FILL THE VACANCY MUST BE SUBMITTED TO THE DESIGNATED ELECTION OFFICIALNO LATER THAN THE SIXTY -FOURTH DAY BEFORE THE DATE OF THE GENERAL ELECTION .
SECTION31.
SECTION 31.
InColoradoRevisedStatutes,amend1-4-1008as follows:
In Colorado Revised Statutes, amend 1-4-1008 as follows:
Vacanciesinunaffiliateddesignationornomination.
Vacancies in unaffiliated designation or nomination.
Anyvacancyin a nominationforan unaffiliated candidate caused by the declination, death, disqualification, or withdrawal of any person nominated by petition or statement of intent occurring after the filing of the petition for nomination and no later than seventy days before the general or congressional vacancyelection may be filled bythe person or personsdesignatedonthepetitionorstatementof intenttofillvacancies.
Anyvacancyinanominationforanunaffiliatedcandidatecausedby the declination, death, disqualification, or withdrawal of any person nominatedbypetitionorstatementof intentoccurringafterthefilingofthe petitionfornominationandnolaterthanseventydaysbeforethegeneralor congressional vacancy election may be filled by the person or persons designated on the petition or statement of intent to fill vacancies.
THE DESIGNATION AND ACCEPTANCE OF THE PERSON SELECTED TO FILL THE VACANCY MUST BE SUBMITTED TO THE DESIGNATED ELECTION OFFICIAL NO LATER THAN THE SIXTFOURTH DAY BEFORE THE DATE OF THE GENERAL ELECTION.
T DESIGNATION AND ACCEPTANCE OF THE PERSON SELECTED TO FILL THE VACANCY MUST BE SUBMITTED TO THE DESIGNATED ELECTION OFFICIALNO LATER THAN THE SIXTY -FOURTH DAY BEFORE THE DATE OF THE GENERAL ELECTION .
-32- 1113 SECTION 32.
SECTION 32.
(4) (a) A ballot used in a presidential primary election must only contain the names of candidates for the office of the president of the United States of America.
(4) (a) A ballot used in a presidential primary election must only containthenamesofcandidatesfortheofficeofthepresidentoftheUnited StatesofAmerica.Theballotshallnotbeusedforthepurposeofpresenting PAGE 24-HOUSE BILL 26-1113 anyother issue or question to the electorate unless expresslyauthorized by law;
The ballot shall not be used for the purpose of presenting any other issue or question to the electorate unless expressly authorizedbylaw;EXCEPT THAT,ACONGRESSIONALVACANCYELECTION MAY BE PRESENTED ON THE SAME BALLOT USED IN A PRESIDENTIAL PRIMARY IF THE CONGRESSIONAL VACANCY ELECTION IS HELD ON THE SAMEDAYASTHEPRESIDENTIALPRIMARYPURSUANTTOSECTION 1-4-401.
EXCEPT THAT , A CONGRESSIONAL VACANCY ELECTION MAY BE PRESENTED ON THE SAME BALLOT USED IN A PRESIDENTIAL PRIMARY IF THE CONGRESSIONAL VACANCY ELECTION IS HELD ON THE SAME DAY AS THE PRESIDENTIAL PRIMARY PURSUANT TO SECTION 1-4-401.
(1.5) (b) (I) A minor political party may nominate candidates for offices to be filled at a general election by assembly.
(1.5) (b) (I) A minor political party may nominate candidates for offices to be filled at a general election byassembly.
Except as provided in subsection (1.5)(f) of this section,mbly shall be held no later than seventy-three days preceding the primary election.
Except as provided in subsection (1.5)(f) of this section, An assembly shall be held no later than seventy-three days preceding the primary election.
(3) Anyminorpoliticalpartynominatingcandidatesinaccordance with this part 13 shall fileacertificateof designation with the designated election official no later than four days after the assembly was held at SIXTY-SEVEN DAYS BEFORE THE PRIMARY ELECTION FOR which the candidate was designated.
(3) Any minor political party nominating candidates in accordance with this part 13 shall file a certificate of designation with the designated election official no later than four days after the assembly was held at SIXTY -SEVENDAYSBEFORETHEPRIMARYELECTIONFOR whichthecandidate was designated.
The certificate of designation must state the name of the office for which each person is a candidate and the candidate's name and address, the date on which the assembly was held at which the candidate was designated, must designate in not more than three words the name of the minor political party that the candidate -33- 1113 represents, and must certify that the candidate is a member of the minor political party.
The certificate of designation must state the name of the office for which each person is a candidate and the candidate's name and address, the date on which the assembly was held at which the candidate was designated, must designate in not more than three words the name of the minor political partythat thecandidaterepresents,andmust certifythat thecandidateisamemberoftheminorpoliticalparty.Thecandidate'sname mayincludeonenickname,ifthecandidateregularlyusesthenicknameand the nickname does not include any part of a political party name.
The candidate's name may include one nickname, if the candidateregularlyusesthenicknameandthenicknamedoesnotinclude anypart of a political partyname.
The candidate'saffiliationasshowninthestatewidevoterregistrationsystemis prima facie evidence of party membership.
The candidate's affiliation as shown in the statewide voter registration system is prima facie evidence of party membership.
(4) Anyperson nominated in accordance with this part 13 shall file awrittenacceptancewiththedesignatedelectionofficial.bymail,facsimile transmission, orhanddeliveryThe written acceptance must be postmarked or received by the designated election official no later than four business days after the filing of the certificate of designation required under subsection (3) of this section.
(4) Any person nominated in accordance with this part 13 shall file a written acceptance with the designated election official.
If the acceptance is transmitted to the designated election official by facsimile transmission, the original acceptance must also be filed and postmarked no later than ten days after the filing of the certificate of designation required under subsection (3) of PAGE 25-HOUSE BILL 26-1113 this section.
by mail, facsimile transmission, or hand deliveryitten acceptance must be postmarked orreceived by the designated election official no later than fourbusinessdaysafterthefilingofthecertificateofdesignationrequired undersubsection(3)ofthissection.Iftheacceptanceistransmittedtothe designated election official by facsimile transmission, the original acceptance must also be filed andpostmarkednolater than ten days after the filing of the certificate of designation required under subsection (3) of this section.an acceptance is not filed within the specified time, the candidate shall be deemed to have declined the nomination.
If an acceptance is not filed within the specified time, the candidate shall be deemed to have declined the nomination.
Voterserviceandpollingcenters-numberrequired - services provided - drop-off locations - definition.
Voter service and polling centers - number required - services provided - drop-off locations - definition.
(1) (b.5) (I) For a general election, a county clerk and recorder shall designate a voter service and polling center on the campus of an institution of higher education, as defined in section 23-3.1-102 (5), located within the county as follows:
(1) (b.5) (I) For a generalelection,acountyclerkandrecordershall designate a voter service and polling center on the campus of an institution ofhighereducation,asdefinedinsection23-3.1-102(5),locatedwithinthe county as follows:
(A) NOTWITHSTANDINGTHE REQUIREMENT INSUBSECTION (2)OF -34- 1113 THIS SECTION,during the period from the fiftTENTH day before the election to the second day before the election, one voter service and polling center on each campus that has ten thousand or more enrolled students;
(A) N OTWITHSTANDING THE REQUIREMENT IN SUBSECTION (2)OF THIS SECTION , during the period from the fifteenthTENTH day before the electiontotheseconddaybeforetheelection,onevoterserviceandpolling centeroneachcampusthathastenthousandormoreenrolledstudents;and (III) A county clerk and recorder shall confer with a state AN institution of higher education about the location for a voter service and polling center designated on a campus.
and (III) A county clerk and recorder shall confer with a state institution of higher education about the location for a voter service and polling center designated on a campus.
(VI) As used in this subsection (1)(b.5), "campus" means any collection of buildings and surrounding grounds owned or used by a state AN institution of higher education to regularly provide students with education, housing, or college activities.
(VI) As used in this subsection (1)(b.5), "campus" means any collectionofbuildingsandsurroundinggroundsownedorusedbyastate AN institution of higher education to regularly provide students with education, housing, or college activities.
If oneormorestatenstitutionsof higher education share buildings or grounds, or if the campuses of one or more state institutions of higher education are adjacent or otherwise connected, the shared or connected buildings and grounds constitute a single campus for the purposes of this subsection (1)(b.5).
If one or more statens of highereducationsharebuildingsorgrounds,orif thecampusesof one or more statinstitutions of higher education are adjacent or otherwise connected, the shared or connected buildings and grounds constitute a single campus for the purposes of this subsection (1)(b.5).
(2) Voter service and polling centers must be open, at a minimum, for the fifteen-day period prior to and including the day of the election as follows:
(2) Voterserviceandpollingcentersmustbeopen,ataminimum, for the fifteen-dayperiod prior to and including the dayof theelectionas follows:
(c) ALLVOTERSERVICEANDPOLLINGCENTERSSHALLREMAINOPEN ONELECTION DAY AS REQUIRED BYTHISSUBSECTION (2).A VOTERSERVICE AND POLLING CENTER THAT EXPERIENCES A SHORTAGE OF SUPPLIES , PAGE 26-HOUSE BILL 26-1113 INCLUDING BALLOTS ,SHALLNOT CLOSE AND MAY BY REQUIRED TO REMAIN OPEN AFTER 7 P.M.IN ACCORDANCE WITH SECTION 1-7-101 (1)(b)(I).
(c) A LL VOTER SERVICE AND POLLING CENTERS SHALL REMAIN OPEN ON ELECTION DAY AS REQUIRED BY THIS SUBSECTION(2).AVOTER SERVICE AND POLLING CENTER THAT EXPERIENCES A SHORTAGE OF SUPPLIES,INCLUDINGBALLOTS ,SHALLNOTCLOSEANDMAYBYREQUIRED TO REMAIN OPEN AFTER 7P.M.IN ACCORDANCE WITH SECTION 1-7-101 (1)(b)(I).
(5)(c) Eachdropboxmustacceptmailballotsdeliveredbyelectors forthe fifteen-dayWENTY -TWO -DAY periodpriortoandincludingtheday of the election.
(5) (c) Each drop box must accept mail ballots delivered by electors for the fifteen-dayWENTY -TWO-DAY period prior to and including the day of the election.
SECTION 35.
-35- 1113 SECTION35.
In Colorado Revised Statutes, 1-5-106, add (1)(c) as follows:
InColoradoRevisedStatutes,1-5-106,add(1)(c) as follows:
(1)(c) AVOTERSERVICEANDPOLLINGCENTERONTHECAMPUSOF AN INSTITUTION OF HIGHER EDUCATION DESIGNATED PURSUANT TO SECTION 1-5-102.9 (1)(b.5)(MUST BE:
(1) (c) AVOTER SERVICE AND POLLING CENTER ON THE CAMPUS OF ANINSTITUTIONOFHIGHEREDUCATIONDESIGNATEDPURSUANTTOSECTION 1-5-102.9 (1)(b.5)(MUST BE :
(I) DESIGNATED BY ONE OR MORE SIGNS POSTED IN ACCORDANCE WITH SUBSECTION (1)(aOF THIS SECTIO;
(I) D ESIGNATED BY ONE OR MORE SIGNS POSTED IN ACCORDANCE WITH SUBSECTION (1)(a)OF THIS SECTIO;
(II) IENTIFIED AND DESCRIBED ,INCLUDING BY BUILDING NAME AND ADDRESS AND HOURS OF OPERATION , IN SIGNS CONSPICUOUSLY POSTED INSIDE AND AT EACH ENTRANCE OF THE STUDENT CENTER ,OR OTHER COMMON AREA ,OF THE INSTITUTION OF HIGHER EDUCATION AT LEAST TWENTY DAYS BEFORE EACH ELECTION AND DURING THE PERIOD POLLING LOCATIONS ARE OPEN ;AND (III) IENTIFIED AND DESCRIBED,INCLUDING BY BUILDING NAME AND ADDRESS AND HOURS OF OPERATION ,IN AN EMAIL SENT TO ALL ENROLLEDSTUDENTSBYTHEINSTITUTIONOFHIGHEREDUCATIONDURING THE PERIOD BALLOTS ARE MAILED FOR THE ELECTION PURSUANT TO SECTION 1-7.5-107 (3).
(II) IENTIFIEDANDDESCRIBED INCLUDINGBYBUILDINGNAMEAND ADDRESS AND HOURS OF OPERATION ,IN SIGNS CONSPICUOUSLY POSTED INSIDE AND AT EACH ENTRANCE OF THE STUDENT CENTER ,OR OTHER COMMON AREA , OF THE INSTITUTION OF HIGHER EDUCATION AT LEAST TWENTY DAYS BEFORE EACH ELECTION AND DURING THE PERIOD POLLING LOCATIONS ARE OPEN ;
SECTION 36.
AND (III) DENTIFIED AND DESCRIBED ,INCLUDING BY BUILDING NAME AND ADDRESS AND HOURS OF OPERATION ,IN AN EMAIL SENT TO ALL ENROLLED STUDENTS BY THE INSTITUTION OF HIGHER EDUCATION DURING THEPERIODBALLOTSAREMAILEDFORTHEELECTIONPURSUANTTOSECTION 1-7.5-107 (3).
In Colorado Revised Statutes, 1-5-203, amend (1)(a) as follows:
SECTION36.
InColoradoRevisedStatutes,1-5-203,amend(1)(a) as follows:
(1) (a) Except as provided in subsection (1)(c) of this section, no later than sixty days before any primary election, and no later than fifty-seven days before any general or odd-year November election or congressional vacancy election, the secretary of state shall deliver by -36- 1113 electronic transmission and registered mail to the county clerk and recorder of each county a certificate in writing of the ballot order and content for each county, as follows:
(1) (a) Except as provided in subsection (1)(c) of this section, no later than sixty days before any primary election, and no later than PAGE 27-HOUSE BILL 26-1113 fifty-seven days before any general or odd-year November election or congressional vacancy election, the secretary of state shall deliver by electronictransmissionandregisteredmail tothecountyclerkandrecorder of each county a certificate in writing of the ballot order and content for each county, as follows:
SECTION37.
SECTION 37.
InColoradoRevisedStatutes,1-5-404,repeal(3) as follows:
In Colorado Revised Statutes, 1-5-404, repeal (3) as follows:
Arrangement of names on ballots for partisan elections.
Arrangementofnamesonballotsforpartisanelections.
(3) The arrangement of names on ballots for congressional vacancy elections shall be established by lot at any time prior to the certificationofballotsforthecongressionalvacancyelection.Theofficer in receipt of the original designation, nomination, or petition of each candidate shall inform the major political parties, each minor political party, and the representatives of each political organization on file with the secretary of state of the time and place of the lot-drawing for the congressional election ballot.
(3) Thearrangementof namesonballotsfor congressional vacancy elections shall be established by lot at any time prior to the certification of ballots for the congressional vacancyelection.
Ballot positions shall be assigned to the majorpoliticalparty,minorpoliticalparty,orpoliticalorganizationinthe order in which they are drawn.
The officer in receipt of the originaldesignation,nomination,orpetitionofeachcandidateshallinform the major political parties, each minor political party, and the representatives of each political organization on file with the secretary of stateof the time and place of the lot-drawing for the congressionalelection ballot.
SECTION38.
Ballot positions shall be assigned to the major political party, minor political party, or political organization in the order in which they are drawn.
InColoradoRevisedStatutes,1-5-905,amend(2) as follows:
SECTION 38.
In Colorado Revised Statutes, 1-5-905, amend (2) as follows:
(2) The secretary of state shall determine which counties in the statearerequiredtoprovidemultilingualballotaccessand,therefore,are required to create a minority language sample ballot pursuant to section 1-5-906 and provide an in-person minority language ballot pursuant to section 1-5-907.
(2) Thesecretaryofstateshalldeterminewhichcountiesinthestate are required to provide multilingual ballot access and, therefore, are required to create a minority language sample ballot pursuant to section 1-5-906 and provide an in-person minority language ballot pursuant to section1-5-907.Thesecretaryofstateshallmakesuchdeterminationbased on information provided in the most recent five-year estimates specified in the United States bureau of the census American community survey or comparable census data.
The secretary of state shall make such determination based on information provided in the most recent five-year estimates -37- 1113 specifiedin the United States bureauof thecensusAmericancommunity survey or comparable census data.
The secretaryof stateshallnotifythe countyclerk of anycountythat is required to provide a minoritylanguage sample ballot pursuant to section 1-5-906 and provide an in-person minority language ballot pursuant to section 1-5-907 on or before January 5, 2022, and on or before January 5 of each even year AND A YEAR FOLLOWING THE RELEASE PAGE 28-HOUSE BILL 26-1113 OF DATA COLLECTED PURSUANT TO SECTION 203 OF THE FEDERAL "VOTING R IGHTSA CTOF 1965" BYTHEFEDERALGOVERNMENT thereafter.Inaddition, on or before January5, 2022, and on or before January5 of each even year OR A YEAR FOLLOWING THE RELEASE OF DATA COLLECTED PURSUANT TO SECTION 203 OF THE FEDERAL "VOTING RIGHTS ACT OF 1965" BY THE FEDERAL GOVERNMENT thereafter, the secretary of state shall post a list on thesecretary'swebsiteofallcountiesthatarerequiredtoprovideaminority language sample ballot pursuant to section 1-5-906 and provide an in-person minority language ballot pursuant to section 1-5-907.
The secretary of state shall notify the countyclerkofanycountythatisrequiredtoprovideaminoritylanguage sample ballot pursuant to section 1-5-906 and provide an in-person minoritylanguageballotpursuanttosection1-5-907onorbeforeJanuary 5, 2022, and on or before January 5 of each even AND A YEAR FOLLOWINGTHERELEASEOFDATACOLLECTEDPURSUANTTOSECTION 203 OF THE FEDERAL "VOTING RIGHTS ACT OF 1965 BY THE FEDERAL GOVERNMENT thereafter.
In addition, on or before January 5, 2022, and on or before January 5 of each even yOR A YEAR FOLLOWING THE RELEASEOFDATACOLLECTEDPURSUANTTOSECTION 203 OFTHEFEDERAL "V OTINGRIGHTS ACTOF 1965 BYTHEFEDERALGOVERNMENT thereafter, the secretary of state shall post a list on the secretary's website of all counties that are required to provide a minority language sample ballot pursuant to section 1-5-906 and provide an in-person minority language ballot pursuant to section 1-5-907.
(1) Thegoverningbodyofanypoliticalsubdivisionmayadoptfor useatelectionsanykindofvotingmachinefulfillingtherequirementsfor voting machines set forth in this part 6.
(1) The governing body of any political subdivision may adopt for use at elections any kind of voting machine fulfilling the requirements for votingmachinessetforthinthispart6.Thesevotingmachinesmaybeused at any or all elections held in the political subdivision for casting, registering,andcountingvotes.Exceptasprovidedinsubsection(2)ofthis section, the governing body of any political subdivision which adopts and purchases or leases voting machines shall provide for the payment of the purchase price or the rent in such manner as may be in the best interest of the political subdivision and may for that purpose provide for the issuance ofinterest-bearingbonds,certificatesofindebtedness,orotherobligations, which shall be a charge upon the county.
These voting machines may be used at any or all elections held in the political subdivision for casting, registering, and counting votes.
The bonds, certificates of indebtedness, or other obligations may be made payable at such times, not exceeding ten years from the date of issue, as may be determined by the governing body but shall not be issued or sold at less than par.
Except as provided in subsection (2) of thissection,thegoverningbodyofanypoliticalsubdivisionwhichadopts andpurchasesorleasesvotingmachinesshallprovideforthepaymentof the purchase price or the rent in such manner as may be in the best -38- 1113 interest of the political subdivision and may for that purpose provide for the issuance of interest-bearing bonds, certificates of indebtedness, or other obligations, which shall be a charge upon the county.
(2)(a) If the secretaryof state certifies a voting systemfor useinan election using instant runoff voting in accordance with section 1-5-617 (1.5), the secretary of state shall, if possible, negotiate a single annual statewide license withthevotingsystemprovidertoalloweach countythat usesthevotingsystemtoconductelectionsusinginstantrunoffvoting.The secretary of state shall pay for the annual statewide license from the department of state cash fund created in section 24-21-104 (3)(b).
The bonds, certificates of indebtedness, or other obligationsmaybe made payable at such times, not exceeding ten years from the date of issue, as may be determined by the governing body but shall not be issued or sold at less than par.
(b) Eachcountythatusesavotingsysteminaninstantrunoffvoting election pursuant to a license obtained by the secretary of state in PAGE 29-HOUSE BILL 26-1113 accordance with subsection (2)(a) of this section shall reimburse the secretary of state for its proportionate share of the cost of the annual statewide license for that year.
(2) (a) If the secretaryof state certifies a voting system for use in anelectionusinginstantrunoffvotinginaccordancewithsection1-5-617 (1.5), the secretary of state shall, if possible, negotiate a single annual statewide license with the voting system provider to allow each county that uses the voting system to conduct elections using instant runoff voting.
The secretary of state shall invoice any county that uses the voting system in an instant runoff voting election for itsshareofthecostasaproportionofthenumberofregisteredactivevoters in all participating municipalities in that county compared to the total number of registered active voters in all participating municipalities in the state as determined by the secretary of state pursuant to this section.
The secretary of state shall pay for the annual statewide license from the department of state cash fund created in section 24-21-104 (3)(b).
SECTION40.InColoradoRevisedStatutes,1-5-612,amend(1)(a);
(b) Each county that uses a voting system in an instant runoff voting election pursuant to a license obtained by the secretary of state in accordance with subsection (2)(a) of this section shall reimburse the secretary of state for its proportionate share of the cost of the annual statewide license for that year.
repeal (1)(b);
The secretary of state shall invoice any countythatusesthevotingsysteminaninstantrunoff voting election for its share of the cost as a proportion of the number of registered active voters in all participating municipalities in that county compared to the totalnumberofregisteredactivevotersinallparticipatingmunicipalities inthestateasdeterminedbythesecretaryofstatepursuanttothissection.
and add (1)(c) and (3) as follows:
SECTION 40.
1-5-612.
In Colorado Revised Statutes, 1-5-612, amend (1)(a);
Useofelectronicandelectromechanicalvotingsystems.
repeal (1)(b);add (1)(c) and (3) as follows:
(1) (a) Except as otherwise provided in subsection (1)(b) of this section, The governing body of any political subdivision may,COUNTY CLERK AND RECORDER FOR A COUNTY WITH ONE THOUSAND OR MORE ACTIVE ELECTORS AS OF THE DATE OF THE LAST GENERAL ELECTION MUST upon consultation with the designated election officBOARD OF COUNTY COMMISSIONERS , ACQUIRE AND adopt an electronic or electromechanical voting system, including any upgrade in hardware, firmware, or software, for use at the polling locations in the political subdivision.Thesystemmay beusedforrecording,counting,andtabulatingvotesatallelectionsheldby the political subdivisioIN ALL ELECTIONS CONDUCTED BY THE COUNTY UNDER THE "U NIFORM E LECTION C ODE OF 1992".
-39- 1113 1-5-612.
(b) For all elections conducted under the "Uniform Election Code of 1992", the governing body of any political subdivision shall, upon consultation with the designated election official, adopt an electronic or electromechanical voting system to be used for tabulating votes at all electionsheldbythepoliticalsubdivision.Theprovisionsofthissubsection (1)(b)donotapplytocountieswithfewerthanonethousandactiveelectors as of the date of the last general election.
Use of electronic and electromechanical voting systems.
(c) THE COUNTY CLERK AND RECORDER SHALL OVERSEE THE SELECTION , SUPERVISION , AND MANAGEMENT OF ALL PERSONNEL , INCLUDING CONTRACTORS AND VENDORS ,ENGAGED IN THE ACQUISITION , IMPLEMENTATION ,OPERATION ,AND MAINTENANCE OFTHE ELECTRONIC OR ELECTROMECHANICAL VOTING SYSTEM , SUBJECT TO THE RULES OF THE SECRETARY OF STATE .
(1) (a) Except as otherwise provided in subsection (1)(b) of this section,he governing body of any political subdivisionCOUNTY CLERK AND RECORDER FOR A COUNTY WITH ONE THOUSAND OR MORE ACTIVEELECTORSASOFTHEDATEOFTHELASTGENERALELECTION MUST uponconsultationwiththedesignatedelectionofficialDOFCOUNTY COMMISSIONERS ,ACQUIRE AND adoptan electronic or electromechanical votingsystem,includinganyupgradeinhardware,firmware,orsoftware, for use at the polling locations in the political subdivision.
PAGE 30-HOUSE BILL 26-1113 (3) (a) HE SECRETARY OF STATE SHALL ,IF POSSIBL,NEGOTIATE A SINGLE ANNUAL STATEWIDE LICENSE WITH THE VOTING SYSTEM PROVIDER OF A CERTIFIED VOTING SYSTEM FOR USE IN AN ELECTION USING INSTANT RUNOFF VOTING PURSUANT TO SECTION 1-5-617 (1.5)TO ALLOW EACH COUNTY THAT USES THE VOTING SYSTEM TO CONDUCT ELECTIONS USING INSTANT RUNOFF VOTING .THE SECRETARY OF STATE SHALL PAY FOR SUCH ANNUALSTATEWIDELICENSEFROMTHEDEPARTMENTOFSTATE CASHFUND CREATED IN SECTION 24-21-104 (3)(b).
The system maybe used for recording, counting, and tabulating votes at all elections held by the political subdivIN ALL ELECTIONS CONDUCTED BY THE COUNTY UNDER THE "UNIFORM ELECTION CODE OF 1992".
(b) E ACH COUNTY THAT USES A VOTING SYSTEM IN AN INSTANT RUNOFF VOTING ELECTION PURSUANT TO A STATEWIDE LICENSE PAID FOR PURSUANT TO SUBSECTION (3)(a)OF THIS SECTION SHALL REIMBURSE THE DEPARTMENTOFSTATEFORITSPROPORTIONATESHAREOFTHECOSTOFTHE ANNUAL STATEWIDE LICENSE FOR THE YEAR IN WHICH THE ELECTION IS HELD .
(b) Forallelectionsconductedunderthe"UniformElectionCode of 1992", the governing body of any political subdivision shall, upon consultation with the designatedtion official, adopt an electronic or electromechanical voting system to be used for tabulating votes at all elections held by the political subdivision.
THE SECRETARY OF STATE SHALL PROVIDE AN INVOICE TO EACH COUNTYTHATUSESTHEVOTINGSYSTEMFORITSPROPORTIONATESHAREOF THE COST OF THE STATEWIDE LICENSE BASED ON THE NUMBER OF REGISTERED ACTIVE ELECTORS IN ALL PARTICIPATING MUNICIPALITIES IN THAT COUNTY COMPARED TO THE TOTAL NUMBER OF REGISTERED ACTIVE ELECTORS IN ALL PARTICIPATING MUNICIPALITIES IN THE STATE ,AS DETERMINED BY THE SECRETARY OF STATE .
The provisions of this subsection (1)(b) do not apply to counties with fewer than one thousand active electors as of the date of the last general (c) T HE COUNTY CLERK AND RECORDER SHALL OVERSEE THE SELECTION, SUPERVISION, AND MANAGEMENT OF ALL PERSONNEL , INCLUDINGCONTRACTORSANDVENDORS ,ENGAGEDINTHE ACQUISITION , IMPLEMENTATION ,OPERATION,ANDMAINTENANCEOFTHEELECTRONICOR ELECTROMECHANICAL VOTING SYSTEM ,SUBJECT TO THE RULES OF THE SECRETARY OF STATE.
(3) (a) TE SECRETARY OFSTATE SHALL,IFPOSSIBL,NEGOTIATE -40- 1113 A SINGLE ANNUAL STATEWIDE LICENSE WITH THE VOTING SYSTEM PROVIDEROFACERTIFIEDVOTINGSYSTEMFORUSEINANELECTIONUSING INSTANT RUNOFFVOTINGPURSUANT TOSECTION 1-5-617(1.5)TOALLOW EACH COUNTY THAT USES THE VOTING SYSTEM TO CONDUCT ELECTIONS USING INSTANT RUNOFF VOTING.
HE SECRETARY OF STATE SHALL PAY FORSUCHANNUALSTATEWIDELICENSEFROMTHEDEPARTMENTOFSTATE CASH FUND CREATED IN SECTION24-21-104 (3)(b).
(b) EACH COUNTY THAT USES A VOTING SYSTEM IN AN INSTANT RUNOFFVOTING ELECTION PURSUANT TO A STATEWIDE LICENSE PAID FOR PURSUANTTOSUBSECTION (3)(a)OFTHISSECTIONSHALLREIMBURSETHE DEPARTMENT OF STATE FOR ITS PROPORTIONATE SHARE OF THE COST OF THE ANNUALSTATEWIDE LICENSE FOR THE YEAR IN WHICH THE ELECTION IS HEL.T HE SECRETARY OF STATE SHALL PROVIDE AN INVOICE TO EACH COUNTY THAT USES THE VOTING SYSTEM FOR ITS PROPORTIONATE SHARE OF THE COST OF THE STATEWIDE LICENSE BASED ON THE NUMBER OF REGISTERED ACTIVE ELECTORS IN ALL PARTICIPATING MUNICIPALITIES IN THATCOUNTYCOMPAREDTOTHETOTALNUMBEROFREGISTEREDACTIVE ELECTORS IN ALL PARTICIPATING MUNICIPALITIES IN THE STATE,AS DETERMINED BY THE SECRETARY OF STATE.
(7) (c) The designated election officials may work with school districts and public or private secondary educational institutions to identifystudentswillingandabletoserveasstudentelectionjudges.Such school districts or educational institutions may submit the names of the -41- 1113 studentstothedesignatedelectionofficialofthejurisdictioninwhichthe school district or educational institution is located for appointment as student election judges.
(7) (c) The designated election officials may work with school districts andpublicorprivatesecondaryeducationalinstitutionsto identify students willing and able to serve as student election judges.
Home-schooled students may apply to the designated election official for appointment as a student election judge pursuanttothissection.Fromamongthenamessubmitted,thedesignated election officials may select students to serve as student election judges who meet the following qualifications:
Such school districtsoreducationalinstitutionsmaysubmitthenamesof thestudentsto the designated election official of the jurisdiction in which the school district or educational institution is located for appointment as student election judges.
(VII) They are sixteenFIFTEENyears of ageOLD or older and eithera junior or seniSTUDENT in good standing attending a public or private secondary educational institution or being home-schooled at the time of the election to which the student is serving as a student election judge;
Home-schooled students may apply to the designated electionofficialforappointmentasastudentelectionjudgepursuanttothis section.Fromamongthenamessubmitted,thedesignatedelectionofficials may select students to serve as student election judges who meet the following qualifications:
PAGE 31-HOUSE BILL 26-1113 (VII) Theyare sixteen FIFTEEN years of age OLD or older and either a junior or senioSTUDENT in good standing attending a public or private secondaryeducationalinstitutionorbeinghome-schooledatthetimeofthe election to which the student is serving as a student election judge;
(1) The designated election official shall confirm the appointments of election judges by mailingENDING each appointed election judge a certificaNOTICE of appointment and an acceptance form IN ACCORDANCE WITH SUBSECTION (2)OF THIS SECTION.
(1) The designated election official shall confirm the appointments of election judges by mailing SENDING each appointed election judge a certification NOTICE of appointment and an acceptance form IN ACCORDANCE WITH SUBSECTION (2)OF THIS SECTION .
(2) Theacceptanceform NOTICEOFAPPOINTMENTSHALLSPECIFY THEMETHODOFACCEPTANCEFORTHE APPOINTMENT AS DETERMINED BY THE DESIGNATED ELECTION OFFICIAL AND shall contain:
(2) The acceptance form NOTICE OF APPOINTMENT SHALL SPECIFY THE METHOD OF ACCEPTANCE FOR THE APPOINTMENT AS DETERMINED BY THE DESIGNATED ELECTION OFFICIAL AND shall contain:
(a) The statement of qualifications as prescribed in section 1-6-101;
(a) Thestatementofqualificationsasprescribedinsection1-6-101;
and (b) A statement that, if the person appointed as an election judge either fails to file the acceptance form THE APPOINTMENT within -42- 1113 seven days after the certificNOTICEof appointment and acceptance formaremailed ISSENT orfailstoattendaclassofinstructionasrequired insection1-6-101(5),thedesignatedelectionofficialmaydeterminethat a vacancy has been created.
and (b) A statement that, if the person appointed as an election judge either fails to file the acceptance formCCEPT THE APPOINTMENT within seven days after the certificationOTICE of appointment and acceptance form are mailed IS SENT or fails to attend a class of instruction as required in section 1-6-101 (5), the designated election official may determine that a vacancy has been created.
(3) Each person appointed as an election judge shall file an acceptance form in the office ofCCEPT THE APPOINTMENT IN THE MANNER SPECIFIED BY the designated election official within seven days after the certificaNOTICE of appointment and acceptance form have been mailedHAS BEEN SENT .
(3) Each person appointed as an election judge shall file an acceptanceformintheofficeof ACCEPTTHEAPPOINTMENTINTHEMANNER SPECIFIED BY the designated election official within seven days after the certificationOTICE ofappointmentandacceptanceformhavebeenmailed HAS BEEN SENT .
If a person appointed as an election judge fails to file the acceptance formT THE APPOINTMENT as described in subsection (2) of this section or fails to attend a class of instruction as required in section 1-6-101 (5), the designated election official may determine that a vacancy has been created.
If a person appointed as an election judge fails to file the acceptance form ACCEPT THE APPOINTMENT as described in subsection (2) of this section or fails to attend a class of instruction as required in section 1-6-101 (5), the designated election official may determine that a vacancy has been created.
SECTION43.
PAGE 32-HOUSE BILL 26-1113 SECTION 43.
InColoradoRevisedStatutes,1-7-101,repeal(2) as follows:
In Colorado Revised Statutes, 1-7-101, repeal (2) as follows:
(2) Upon the opening of the polls, a proclamation shall be made byoneofthejudgesthatthepollsareopen,and,thirtyminutesbeforethe closingof thepolls,aproclamationshallbemadethatthepollswillclose in thirty minutes.
(2) Upon the opening of the polls, a proclamation shall be made by one of the judges that the polls are open, and, thirty minutes before the closing of the polls, a proclamation shall be made that the polls will close in thirty minutes.
(1) Eligibleelectorsentitledtovoteatanelectionshallbeentitled to absent themselves for the purpose of voting from any service or employment in which they are then engaged or employed on the day of the electionor a period of two hours during the time tANY DAYs -43- 1113 WHENVOTERSERVICEANDPOLLINGCENTERS areopen.Anysuchabsence shallnotbesufficientreasonforthedischargeofanypersonfromservice or employment.
(1) Eligible electors entitled to vote at an election shall be entitled to absent themselves for the purpose of voting from any service or employment in which theyare then engaged or employed on the dayof the election for a period of two hours during the time the pANY DAY WHEN VOTERSERVICEANDPOLLINGCENTERS areopen.Anysuchabsenceshallnot be sufficient reason for the discharge of any person from service or employment.Eligible Electors,whosoabsentthemselvesshallnotbeliable for anypenalty, nor shall any deduction be made from their usual salaryor wages,onaccountoftheirabsence.Eligible Electorswhoareemployedand paid by the hour shall receive their regular hourly wage for the period of their absence, not to exceed two hours.
Eligibleectors, who so absent themselves shall not be liable for any penalty, nor shall any deduction be made from their usual salary or wages, on account of their absence.
Application shall be made for the leave of absence prior to the day of election FOR WHICH LEAVE IS REQUESTED .
Eligiblers who are employedandpaidbythehourshallreceivetheirregularhourlywagefor theperiodof theirabsence, not to exceed two hours.Applicationshallbe made for the leave of absence prior to the day of electionHICH LEAVE IS REQUESTED.
The employer may specify the hours during which the employee may be absent, but the hours shall be at the beginning or end of the work shift, if the employee so requests.
The employer mayspecifythe hours during which the employee may be absent, but the hours shall be at the beginning or end of the work shift, if the employee so requests.
(2) This section shall not applyto anyperson whoseA N EMPLOYER MAYDENYANELECTOR SREQUESTFORLEAVEPURSUANTTOSUBSECTION (1) OF THIS SECTION IF THE ELECTOR 'S hours of employment on the day of the electionFOR WHICH LEAVE IS REQUESTED are such that there are three or more CONSECUTIVE hours between the time of opening and the time of closingof thepollsduringwhichtheelectorisnotrequiredtobeonthejob.
(2) This section shall not apply to any person whose A N EMPLOYER MAY DENY AN ELECTOR 'S REQUEST FOR LEAVE PURSUANT TO SUBSECTION (1)OF THIS SECTION IF THE ELECTOShours of employment on the day of the election WHICH LEAVE IS REQUESTED are such that there are three or moreSECUTIVE hours between the time of opening and the time of closing of the polls during which the elector is not required to be on the job.
SECTION 45.
SECTION45.
In Colorado Revised Statutes, 1-7-118, amend (2) as follows:
InColoradoRevisedStatutes,1-7-118,amend(2) as follows:
PAGE 33-HOUSE BILL 26-1113 1-7-118.
1-7-118.
(2) A municipality that refers an election using instant runoff voting to be conducted as part of a coordinated election shall payfor the reasonableincreasedcostsassociatedwiththeuseofinstantrunoffvoting in the coordinated election, including but not limited to costs related to election setup licensing costs pursuant to section 1-5-603 (2), -44- 1113 programming, ballot design, additional voter information and education, and tabulation.
(2) Amunicipalitythatrefersanelectionusinginstantrunoffvoting to be conducted as part of a coordinated election shall pay for the reasonable increased costs associated with the use of instant runoff voting in the coordinated election, including but not limited to costs related to electionsetuplicensingcostspursuanttosection1-5-603(2),programming, ballot design, additional voter information and education, and tabulation.
(1) Anelectormaytakeamobilephoneorotherelectronicdevice into a voter service and polling center so long as the elector does not make or receive any phone calls, except for calls to or from the multilingualballothotlineestablishedpursuanttosection1-5-904,ortake any pictures or videos other than images of the elector's own person or ballot.
(1) An elector may take a mobile phone or other electronic device into a voter service and polling center so long as the elector does not make orreceiveanyphonecalls,exceptforcallstoorfromthemultilingualballot hotline established pursuant to section 1-5-904, or take any pictures or videos other than images of the elector's own person or ballot.
(2) A N ELECTOR MAY TAKE PRINTED OR WRITTEN MATERIALS OF THE ELECTOR SCHOICEINTOAVOTERSERVICEANDPOLLINGCENTERASA RESOURCETOREADORCONSULTWHILEMARKINGTHEELECTOR 'SBALLOT .
(2) ANELECTORMAYTAKEPRINTEDORWRITTENMATERIALSOFTHE ELECTOR S CHOICE INTO A VOTER SERVICE AND POLLING CENTER AS A RESOURCE TO READ OR CONSULT WHILE MARKING THE ELECTOR 'S BALLOT .
(1)(a) ONELECTIONDAY ,ACOUNTYMUSTMEASUREANDRECORD THE WAIT TIME AT EACH OF ITS VOTER SERVICE AND POLLING CENTERS IN ACCORDANCE WITH RULES ADOPTED BY THE SECRETARY OF STATE .
(1) (a) ON ELECTION DAY ,A COUNTY MUST MEASURE AND RECORD THE WAIT TIME AT EACH OF ITS VOTER SERVICE AND POLLING CENTERS IN ACCORDANCE WITH RULES ADOPTED BY THE SECRETARY OF STATE .
(b) E ACH COUNTY MUST REPORT ITS WAIT TIME DATA RESULTS DETERMINED IN ACCORDANCE WITH SUBSECTION (1)(aOF THIS SECTION TO THE SECRETARY OF STATE NO LATER THAN THIRTY DAYS AFTER THE ELECTION .
(b) E ACH COUNTY MUST REPORT ITS WAIT TIME DATA RESULTS DETERMINEDINACCORDANCEWITHSUBSECTION (1)(a)OFTHISSECTIONTO THE SECRETARY OF STATE NO LATER THAN THIRTY DAYS AFTER THE ELECTION .
(2)(a) IACOUNTYREPORTSWAITTIMEDATARESULTSPURSUANT -45- 1113 TO SUBSECTION (1)(b)OF THIS SECTION INDICATING A WAIT TIME IN EXCESS OF ONE HOUR AT ANY VOTER SERVICE AND POLLING CENTE,THE COUNTY MUST SUBMIT A REPORT TO THE SECRETARY OF STATE NO LATER THAN NINETY DAYS FOLLOWING THE ELECTION ,WHICH REPORT MUST INCLUDE THE FOLLOWING INFORMATION FOR ANY SUCH VOTER SERVICE AND POLLING CENTER :
PAGE 34-HOUSE BILL 26-1113 (2) (a) F A COUNTY REPORTS WAIT TIME DATA RESULTS PURSUANT TO SUBSECTION (1)(b)OFTHIS SECTION INDICATING A WAIT TIME IN EXCESS OF ONE HOUR AT ANY VOTER SERVICE AND POLLING CENTER ,THE COUNTY MUST SUBMIT A REPORT TO THE SECRETARY OF STATE NO LATER THAN NINETYDAYSFOLLOWINGTHEELECTION ,WHICHREPORTMUSTINCLUDETHE FOLLOWING INFORMATION FOR ANY SUCH VOTER SERVICE AND POLLING CENTER :
(I) THE NUMBER OF ELECTORS WHO USED THE CENTER IN THE ELECTION ;
(I) T HE NUMBER OF ELECTORS WHO USED THE CENTER IN THE ELECTION ;
(II) TE NUMBER OF VOTING BOOTHS PROVIDED ;
(II) THE NUMBER OF VOTING BOOTHS PROVIDED ;
(III) HENUMBEROFVOTERCHECK INSTATIONSANDTHENUMBER OF ELECTION JUDGES STAFFING THOSE STATION;
(III) TE NUMBER OF VOTER CHECK -IN STATIONS AND THE NUMBER OF ELECTION JUDGES STAFFING THOSE STATIONS;
(IV) THENUMBERANDSTATUSOFANYBALLOTMARKINGDEVICES AND BALLOT ON DEMAND SYSTEMS IN USE ;
(IV) THE NUMBER AND STATUS OF ANY BALLOT MARKING DEVICES AND BALLOT ON DEMAND SYSTEMS IN USE ;
(VII) A DESCRIPTION OFTHE NUMBER AND TYPES OFBACK UPS OR DELAYS THAT OCCURRED AT THE LOCATION IN THE CONDUCT OF THE ELECTION INCLUDINGTHE ACTIVITYINVOLVED ,TIME OFOCCURRENCE , THEKNOWN ,PROBABLE ,ORPOSSIBLECAUSEOFORCAUSALFACTORSTHAT MAY HAVE CONTRIBUTED TO THE BACK UPS OR DELAYS , AND DETERMINATION OF WHETHER THE CAUSE OR CAUSAL FACTORS ARE REASONABLY LIKELY TO PERSIST OR REOCCUR AT FUTURE ELECTIONS.
(VII) A DESCRIPTION OF THE NUMBER AND TYPES OF BACK UPS OR DELAYS THAT OCCURRED AT THE LOCATION IN THE CONDUCT OF THE ELECTION ,INCLUDINGTHEACTIVITYINVOLVED ,TIMEOFOCCURRENCE ,THE KNOWN ,PROBABLE ,ORPOSSIBLE CAUSE OFORCAUSALFACTORSTHAT MAY HAVECONTRIBUTEDTOTHEBACK -UPSORDELAYS ,ANDDETERMINATIONOF WHETHER THE CAUSE OR CAUSAL FACTORS ARE REASONABLY LIKELY TO PERSIST OR REOCCUR AT FUTURE ELECTIONS ;
(VIII) AREMEDIATION PLAN TO AVOID OR MINIMIZE WAIT TIMES EXCEEDINGONEHOUR WHICHMAYINCLUDEAPROPOSALFORADDITIONAL VOTER SERVICE AND POLLING CENTERS OR A PROPOSAL FOR THE USE OF -46- 1113 NEW SITES FOR EXISTING CENTERS ,ADDITIONAL CHECK -IN STATIONS, VOTING BOOTHS ,BALLOT MARKING DEVICES AND BALLOT ON DEMAND SYSTEMS , PRINTERS OR OTHER EQUIPMENT , ADDITIONAL STAFF OR ELECTION JUDGES ,OR CHANGES IN THE ALLOCATION OF DUTIES AMONG ELECTION JUDGES AND STAFF;AND (IX) ADESCRIPTIONOFTHEBARRIERS ,IFANY,THATMAYPREVENT THE COUNTY FROM ENSURING ALL FUTURE CENTER WAIT TIMES DO NOT EXCEED ONE HOUR .
(VIII) A REMEDIATION PLAN TO AVOID OR MINIMIZE WAIT TIMES EXCEEDING ONE HOUR ,WHICH MAY INCLUDE A PROPOSAL FOR ADDITIONAL VOTERSERVICEANDPOLLINGCENTERSORAPROPOSALFORTHEUSEOFNEW SITES FOR EXISTING CENTERS, ADDITIONAL CHECK -IN STATIONS, VOTING BOOTHS ,BALLOT MARKING DEVICES AND BALLOT ON DEMAND SYSTEMS , PRINTERS OR OTHER EQUIPMENT ,ADDITIONAL STAFF OR ELECTION JUDGES , OR CHANGES IN THE ALLOCATION OFDUTIES AMONG ELECTION JUDGES AND PAGE 35-HOUSE BILL 26-1113 STAFF;AND (IX) A DESCRIPTION OF THE BARRIERS,IF ANY,THAT MAY PREVENT THE COUNTY FROM ENSURING ALL FUTURE CENTER WAIT TIMES DO NOT EXCEED ONE HOUR .
(b) UPON RECEIPT OF A REPORT PURSUANT TO SUBSECTION(2)(a) OF THIS SECTIO,THE SECRETARY OF STATE SHALL POST THE REPORT ON THESECRETARYOFSTATE SWEBSITENOLATERTHANFIVEDAYSFROMTHE DATE OF RECEIPT.
(b) UPONRECEIPTOFAREPORT PURSUANT TOSUBSECTION (2)(aOF THIS SECTION,THE SECRETARY OF STATE SHALL POST THE REPORT ON THE SECRETARYOFSTATE SWEBSITENOLATERTHANFIVEDAYSFROMTHEDATE OF RECEIPT.
(c) IF A COUNTY IS REQUIRED TO SUBMIT A REPORT IN ACCORDANCE WITH SUBSECTION (2)(a)OF THIS SECTIO,THE COUNTY CLERK AND RECORDER OR DESIGNATED ELECTION OFFICIAL RESPONSIBLE FOR SENDING A PROPOSED ELECTION PLAN PURSUANT TO SECTION 1-7.5-105MUST INCORPORATE APPROPRIATE REMEDIATION STEPS INTO THE PLAN.
(c) I A COUNTY IS REQUIRED TO SUBMIT A REPORT IN ACCORDANCE WITH SUBSECTION (2)(a)OF THIS SECTION , THE COUNTY CLERK AND RECORDER OR DESIGNATED ELECTION OFFICIAL RESPONSIBLE FOR SENDING A PROPOSED ELECTION PLAN PURSUANT TO SECTION 1-7.5-105 MUST INCORPORATE APPROPRIATE REMEDIATION STEPS INTO THE PLAN .
SECTION48.
SECTION 48.
InColoradoRevisedStatutes,repealandreenact, with amendments, 1-7-307 as follows:
In Colorado Revised Statutes, repeal and reenact, with amendments, 1-7-307 as follows:
(1) NANY COUNTY IN WHICH A HAND COUNT OFBALLOTS IS USED OR BECOMES NECESSARY ,AS EXPRESSLY PERMITTED OR REQUIRED BY A PROVISION OF THIS TITLE 1, DURING AN INITIAL TABULATION , POST-ELECTIONAUDIT ,ORRECOUNT ,THEDESIGNATEDELECTIONOFFICIAL SHALLCOUNTTHEBALLOTSINTHEMANNERPRESCRIBEDBYTHISSECTION .
(1) IANYCOUNTYINWHICHAHANDCOUNTOFBALLOTSISUSEDOR BECOMES NECESSARY ,AS EXPRESSLY PERMITTED OR REQUIRED BY A PROVISIONOFTHISTITLE 1,DURINGANINITIALTABULATION ,POST-ELECTION AUDIT,ORRECOUNT ,THEDESIGNATEDELECTIONOFFICIALSHALLCOUNTTHE BALLOTS IN THE MANNER PRESCRIBED BY THIS SECTION .
-47- 1113 (2) EACH BALLOT MUST BE COUNTED BY A TEAM OF FOUR ELECTIONJUDGES .ONE JUDGE MUST AUDIBLYREADEVERYMARKONTHE BALLOT ,WHILEASEPARATEJUDGEOBSERVESTHISREADINGANDASSISTS INDETERMININGVOTERINTENT ,WHENNECESSARY .TWOOTHERELECTION JUDGES MUST EACH MAKE ENTRIES ON TWO SEPARATE ACCOUNTING FORMS FOR EACH AUDIBLY READ VOTE .
(2) EACH BALLOT MUST BE COUNTED BY A TEAM OFFOUR ELECTION JUDGES .
THE SEPARATE ACCOUNTING FORMS MUST BE COMPARED AT REGULAR INTERVALS AND ANY DISCREPANCIES NOTED ON THE SEPARATE FORMS MUST BE ACCOUNTED FOR UNTIL AN ACCURATE COUNT OF ALL BALLOTS COMPARED CAN BE DETERMINED .
NE JUDGE MUST AUDIBLY READ EVERY MARK ON THE BALLOT , WHILE A SEPARATE JUDGE OBSERVES THIS READING AND ASSISTS IN DETERMINING VOTER INTENT ,WHEN NECESSARY .
(3) THESECRETARYOFSTATEMAYADOPTRULESINACCORDANCE WITHARTICLE 4OFTITLE 24ASNECESSARYTOADMINISTERANDENFORCE THIS SECTIO.
WO OTHER ELECTION JUDGES MUST EACH MAKE ENTRIES ON TWO SEPARATE ACCOUNTING FORMS FOR EACH AUDIBLY READ VOTE .T HE SEPARATE ACCOUNTING FORMS MUST BECOMPAREDAT REGULARINTERVALSANDANYDISCREPANCIESNOTEDON THESEPARATEFORMSMUSTBEACCOUNTEDFORUNTILANACCURATECOUNT OF ALL BALLOTS COMPARED CAN BE DETERMINED .
SECTION49.
(3) THE SECRETARY OF STATE MAY ADOPT RULES IN ACCORDANCE WITH ARTICLE 4 OF TITLE24AS NECESSARY TO ADMINISTER AND ENFORCE PAGE 36-HOUSE BILL 26-1113 THIS SECTION.
InColoradoRevisedStatutes,1-7-507,amend(6) as follows:
SECTION 49.
In Colorado Revised Statutes, 1-7-507, amend (6) as follows:
(6) Ifasoftwareorhardwaremalfunction,OTHERSIGNIFICANT ISSUE, makes it impossiIMPRACTICABLE to count all or a part of the ballots with electronic vote-tabulating equipment, the secretary of state, after consultation with the designated election official, may permit the designated election official to direct that such ballots be counted manually, following as far as practicable the provisions governing the counting of paper ballots as provided in section 1-7-307.
(6) If a software or hardware malfunction,OTHER SIGNIFICANT ISSUE, makes it impossiblIMPRACTICABLE to count all or a part of the ballots with electronic vote-tabulating equipment, the secretary of state, after consultation with the designated election official, may permit the designated electionofficialtodirectthatsuch ballots be counted manually, following as far as practicable the provisions governing the counting of paper ballots as provided in section 1-7-307.
(1) A DESIGNATED ELECTION OFFICIAL MUST NOT TRANSFER -48- 1113 CUSTODY OR CONTROL OF ELECTION RECORDS OR OTHER ELECTION MATERIALS ,AS DESIGNATED BY THE SECRETARY OF STAT, TO A THIRD PARTY UNLESS THE TRANSFER IS AUTHORIZED OR REQUIRED BY THE SECRETARY OF STATE OR A MANDATORY LEGAL OBLIGATION IMPOSED BY A COURT OF COMPETENT JURISDICTIO.
(1) A DESIGNATED ELECTION OFFICIAL MUST NOT TRANSFER CUSTODY OR CONTROL OF ELECTION RECORDS OR OTHER ELECTION MATERIALS , AS DESIGNATED BY THE SECRETARY OF STATE ,TO A THIRD PARTY UNLESS THE TRANSFER IS AUTHORIZED OR REQUIRED BY THE SECRETARY OF STATE OR A MANDATORY LEGAL OBLIGATION IMPOSED BY A COURT OF COMPETENT JURISDICTION .
(2) THE SECRETARY OF STATE MAY ADOPT RULES AS NECESSARY TO ADMINISTER AND ENFORCE THIS SECTION , INCLUDING RULES REGARDING THE CREATION OF AN INVENTORY OF ELECTION RECORDS OR ELECTION MATERIALS TRANSFERRED DUE TO A MANDATORY LEGAL OBLIGATION IMPOSED BY A COURT OF COMPETENT JURISDICTI.N (3) N OTHING IN THIS SECTION ALTERS OR AMENDS THE REQUIREMENTS OR LIMITATIONS FOR OR ANY DUTIES OF A DESIGNATED ELECTIONOFFICIALWITHRESPECTTOTHEDISCLOSUREOFPUBLICRECORDS AS SET FORTH IN TH"C OLORADO O PENR ECORDS ACT ", PART2 OF ARTICLE 72OF TITLE24.
(2) THE SECRETARY OFSTATE MAY ADOPT RULES AS NECESSARY TO ADMINISTERANDENFORCETHISSECTION ,INCLUDINGRULESREGARDINGTHE CREATION OF AN INVENTORY OF ELECTION RECORDS OR ELECTION MATERIALS TRANSFERRED DUE TO A MANDATORY LEGAL OBLIGATION IMPOSED BY A COURT OF COMPETENT JURISDICTION .
(3) N OTHING IN THIS SECTION ALTERS OR AMENDS THE REQUIREMENTS OR LIMITATIONS FOR OR ANY DUTIES OF A DESIGNATED ELECTION OFFICIAL WITH RESPECT TO THE DISCLOSURE OFPUBLIC RECORDS ASSETFORTHINTHE "C OLORADO OPEN R ECORDS A CT",PART 2OFARTICLE OF TITLE24.
1-7.5-105.
PAGE 37-HOUSE BILL 26-1113 1-7.5-105.
(1) (a) The county clerk and recorder or designated election official responsible for conducting an election that is to be bymail ballot pursuant to section 1-7.5-104 (1) shall send a proposed election plan for conducting the mail ballot election to the secretary of state no later than ninetydays prior to a nonpartisan election or, for anymail ballot election thatiscoordinatedwithorconductedbythecountyclerkandrecorder,no later than one hundred tenWENTY days prior to the election.
(1) (a) Thecountyclerkandrecorderordesignatedelection official responsible for conducting an election that is to be by mail ballot pursuant to section 1-7.5-104 (1) shall send a proposed election plan for conducting the mail ballot election to the secretary of state no later than ninety days prior to a nonpartisan election or, for any mail ballot election that is coordinated with or conducted by the county clerk and recorder, no later thanonehundredten TWENTY dayspriortotheelection.Theproposedplan maybebasedonthe standard plan adopted bythe secretaryof state byrule.
The proposedplanmaybebasedonthestandardplanadoptedbythesecretary of state by rule.
(1.3) Theelectionplanrequiredunder subsection (1) of this section must include, at a minimum:
-49- 1113 (1.3) The election plan required under subsection (1) of this section must include, at a minimum:
(f.5) The information required by sectionSECTIONS 1-7-120 (2)(c) AND 1-7.5-113.5 (2);
(f.5) TheinformationrequiredbysectionECTIONS 1-7-120(2)(c) AND 1-7.5-113.5 (2);
and (2) (a) The secretary of state shall approve, or disapprove, OR REQUEST MODIFICATION OF the written plan for conducting a mail ballot election, in accordance with section 1-7.5-106, within twenty days after receivingtheplanandshallprovideawrittennoticetotheaffectedpolitical subdivision.
and (2) (a) The secretary of state shall approve, orpproveOR REQUEST MODIFICATION OF the written plan for conducting a mail ballot election, in accordance with section 1-7.5-106, within twenty days after receiving the plan and shall provide a written notice to the affected political subdivision.
(d) T HE SECRETARY OF STATE SHALL RELEASE THE INFORMATION REQUIREDBYSUBSECTIONS (1.3)(a)AND (1.3)(b)OFTHISSECTIONFOREACH VOTER SERVICE AND POLLING CENTER DESCRIBED IN AN ELECTION PLAN SUBMITTED PURSUANT TO SUBSECTION (2)(a) OF THIS SECTION NO LATER THAN A UGUST 1 FOR EACH VOTER SERVICE AND POLLING CENTER .
(d) THE SECRETARY OF STATE SHALL RELEASE THE INFORMATION REQUIRED BY SUBSECTIONS (1.3)(aAND (1.3)(bOF THIS SECTION FOR EACH VOTER SERVICE AND POLLING CENTER DESCRIBED IN AN ELECTION PLAN SUBMITTED PURSUANT TO SUBSECTION (2)(aOF THIS SECTION NO LATER THAN AUGUST 1 FOR EACH VOTER SERVICE AND POLLING CENTER.
Procedures for conducting mail ballot election - primaryelections-first-timevoterscastingamailballotafterhaving registered by mail to vote - in-person request for ballot - return envelope requirements - repeal.
Procedures for conducting mail ballot election - primary elections - first-time voters casting a mail ballot after having registered by mail to vote - in-person request for ballot - return envelope requirements - repeal.
(3) (a) (I) Not sooner than twenty-twoTY -NINE days before ageneral,primary,orothermailballotelection,andnolaterthaneighteen TWENTY FIVE days before the election, the county clerk and recorder or designatedelectionofficialshall mail toeachactiveregisteredelector,at the last mailing address appearing in the registration records and in accordance with United States postal service regulations, a mail ballot packet, which must be marked "DO NOT FORWARD.
(3) (a) (I) Not sooner than twenty-twTWENTY -NINE days before a general, primary, or other mail ballot election, and no later than eighteen TWENTY -FIVE days before the election, the county clerk and recorder or PAGE 38-HOUSE BILL 26-1113 designated election official shall mail to each active registered elector, at the last mailing address appearing in the registration records and in accordance with United States postal service regulations, a mail ballot packet, which must be marked "DO NOT FORWARD.
ADDRESS -50- 1113 CORRECTIONREQUESTED.",oranyothersimilarstatementthatisin accordancewithUnited States postal service regulations.
ADDRESS CORRECTION REQUESTED.", or any other similar statement that is in accordance with United States postal service regulations.
Nothing inthis subsection (3) affects any provision of this code governing the delivery of mail ballots to an absent uniformed services elector, nonresident overseas elector, or resident overseas elector covered by the federal "UniformedandOverseasCitizensAbsenteeVotingAct",52U.S.C.sec.
Nothing in this subsection (3) affects any provision of this code governing the delivery of mail ballots to an absent uniformed services elector, nonresident overseas elector,orresidentoverseaselectorcoveredbythefederal"Uniformedand Overseas Citizens Absentee Voting Act", 52 U.S.C.
sec.
(II) If the twenty-secondENTY -NINTH day before a general, primary, or other mail ballot election is a Saturday, Sunday, state legal holiday,orfederalholidayrecognizedbytheUnitedStatespostalservice, the county clerk and recorder or designated election official may mail ballotpacketspursuanttosubsection(3)(a)(I)ofthissectionontheFriday immediately preceding the twenty-secondNTY -NINTH day.
(II) If the twenty-second TWENTY NINTH day before a general, primary, or other mail ballot election is a Saturday, Sunday, state legal holiday, or federal holiday recognized by the United States postal service, thecountyclerkandrecorderordesignatedelectionofficialmaymailballot packets pursuant to subsection (3)(a)(I) of this section on the Friday immediately preceding the twenty-second TWENTY -NINTH day.
(3.5) (d) (I) Any person who desires to cast his or her ballot by mail but does not satisfy the requirements of subsection (3.5)(b) of this section may cast such ballot by mail.
(3.5) (d) (I) Anyperson who desires to cast his or her ballot bymail but does not satisfy the requirements of subsection (3.5)(b) of this section may cast such ballot by mail.
The county clerk and recorder or designated election official shall, within three days after the receipt of a mail ballot that does not contain a copy of identification as defined in section 1-1-104 (19.5), but in no event later than two days after election day,sendtotheeligibleelectorattheaddressindicatedintheregistration records and to the eligible elector's electronic mail address if available a letter explaining the lack of compliance with subsection (3.5)(b) of this section;XCEPT THAT ,IF THE COUNTY CLERK AND RECORDER FAILS TO SENDTHELETTERREQUIREDBYTHISSUBSECTION (3.5)(d)(IWITHINTWO DAYS AFTER THE ELECTION, THE COUNTY CLERK AND RECORDER MUST SEND THE LETTER TO THE ELIGIBLE ELECTOR BY OVERNIGHT MAIL OR HAND DELIVERY ,OR BY THE MOST EXPEDIENT METHOD AVAILABLE FOR -51- 1113 OVERSEAS AND MILITARY VOTERS .
The county clerk and recorder or designated electionofficialshall,withinthreedaysafterthereceiptofamailballotthat does not contain a copy of identification as defined in section 1-1-104 (19.5), but in no event later than two days after election day, send to the eligibleelectorattheaddressindicatedintheregistrationrecordsandtothe eligible elector's electronic mail address if available a letter explaining the lack of compliance with subsection (3.5)(b) of this section;EXCEPT THAT , IFTHECOUNTYCLERKANDRECORDERFAILSTOSENDTHELETTERREQUIRED BY THIS SUBSECTION (3.5)(d)(I)WITHIN TWO DAYS AFTER THE ELECTION , THE COUNTY CLERK AND RECORDER MUST SEND THE LETTER TO THE ELIGIBLE ELECTOR BY OVERNIGHT MAIL OR HAND DELIVERY ,OR BY THE MOST EXPEDIENT METHOD AVAILABLE FOR OVERSEAS AND MILITARY VOTERS .
If the county clerk and recorder or designated election official receives a copy of identification in compliancewithsubsection(3.5)(b)ofthissectionwithineightdaysafter electionday,andif themailballotisotherwisevalid,themailballotshall be counted.
If the county clerk and recorder or designated election official receives a copy of identification in compliance with subsection (3.5)(b) of this section within eight days after election day, and if the mail ballot is otherwise valid, the mail ballot shall be counted.
(4.3) (a) (II) On and after January 1, 2020,a presidential primary or November coordinated election, in addition to the requirementsofsubsection(4.3)(a)(I)ofthissection,thecountyclerkand recorder shall establish a drop box on each campus of a state institution of higher education,EFINED IN SECTIO23-3.1-102 (5), located within the county that has twothousand or more enrolled studentsasdeterminedinaccordancewithsection1-5-102.9(1)(b.5)(III).
(4.3) (a) (II) On and after January 1, 2020, For a presidential primaryor November coordinated election, in addition to the requirements of subsection (4.3)(a)(I) of this section, the countyclerk and recorder shall PAGE 39-HOUSE BILL 26-1113 establish a drop box on each campus of a state AN institution of higher education,ASDEFINEDINSECTION 23-3.1-102(5),locatedwithinthecounty that has two ONE thousand or more enrolled students as determined in accordance with section 1-5-102.9 (1)(b.5)(III).
SECTION53.
SECTION 53.
InColoradoRevisedStatutes,1-7.5-107.3,amend (2)(a);
In Colorado Revised Statutes, 1-7.5-107.3, amend (2)(a);
(1.5) (a.5) ITHE COUNTY CLERK AND RECORDER FAILS TO SEND THE LETTER AND FORM REQUIRED BY SUBSECTION (1.5)(a)OF THIS SECTIONWITHINTWODAYSAFTERTHEELECTION ,THECOUNTYCLERKAND RECORDER MUST SEND THE LETTER AND FORM TO THE ELIGIBLE ELECTOR BY OVERNIGHT MAIL OR HAND DELIVERY ,OR BY THE MOST EXPEDIENT METHOD AVAILABLE FOR OVERSEAS AND MILITARY VOTERS .
(1.5)(a.5) ITHECOUNTYCLERKANDRECORDERFAILSTOSENDTHE LETTER AND FORM REQUIRED BY SUBSECTION (1.5)(a)OF THIS SECTION WITHINTWODAYSAFTERTHEELECTION ,THECOUNTYCLERKANDRECORDER MUSTSENDTHELETTERANDFORMTOTHEELIGIBLEELECTORBYOVERNIGHT MAILORHANDDELIVERY ,ORBYTHE MOSTEXPEDIENTMETHODAVAILABLE FOR OVERSEAS AND MILITARY VOTERS .
(2) (a) If, upon comparing the signature of an eligible elector on the self-affirmation on the return envelope with the signature of the eligible elector stored in the statewide voter registration system, the election judge determines that the signatures do not match, or if a signature verification device used pursuant to subsection (5) of this section is unable to determine that the signatures match, two other -52- 1113 electionjudgesofdifferentpoliticalpartyaffiliationsshallsimultaneously compare the signatures.
(2)(a) If, upon comparing thesignatureof aneligibleelectoronthe self-affirmation on the return envelope with the signature of the eligible elector stored in the statewide voter registration system, the election judge determines that the signatures do not match, or if a signature verification deviceusedpursuanttosubsection(5)ofthissectionisunabletodetermine that the signatures match, two other election judges of different political partyaffiliationsshallsimultaneouslycomparethesignatures.Ifbothother electionjudgesagree that the signatures do not match, thecountyclerkand recorder shall, within three days after the signature deficiency has been confirmed,butinnoeventlaterthantwodaysafterelectionday,sendtothe eligibleelectorattheaddressindicatedintheregistrationrecordsandtothe eligible elector's electronic mail address if available a letter explaining the discrepancyin signatures and a formfor the eligible elector to confirm that theelectorreturneda ballot to the countyclerk andrecorder;EXCEPTTHAT , IFTHECOUNTYCLERKANDRECORDERFAILSTOSENDTHELETTERANDFORM REQUIRED BY THIS SUBSECTION (2)(a) WITHIN TWO DAYS AFTER THE ELECTION ,THECOUNTYCLERKANDRECORDERMUSTSENDTHELETTERAND FORM TO THE ELIGIBLE ELECTOR BY OVERNIGHT MAIL OR HAND DELIVERY , OR BY THE MOST EXPEDIENT METHOD AVAILABLE FOR OVERSEAS AND MILITARYVOTERS .Ifthecountyclerkandrecorderreceivestheformwithin eight days after election dayconfirming that the elector returned a ballot to the county clerk and recorder and enclosing a copy of the elector's identification as defined in section 1-1-104 (19.5), and if the ballot is PAGE 40-HOUSE BILL 26-1113 otherwisevalid,theballotshallbecounted.Iftheeligibleelectorreturnsthe form indicating that the elector did not return a ballot to the county clerk and recorder, or if the eligible elector does not return the form within eight days after election day, the self-affirmation on the return envelope shall be categorized as incorrect, the ballot shall not be counted, and the county clerkandrecordershallsendcopiesoftheeligibleelector'ssignatureonthe return envelope and the signature stored in the statewide voter registration system to the district attorney for investigation.
If both other election judges agree that the signatures do notmatch,thecountyclerk and recorder shall, within three days after the signature deficiency has been confirmed, but in no event later than two days after election day, send to the eligible elector at the address indicated in the registration records and to the eligible elector's electronic mail address if available a letter explaining the discrepancyin signatures and a form for the eligible elector to confirm that the elector returned a ballot to the county clerk and recorder;HAT ,IF THE COUNTY CLERK AND RECORDER FAILS TO SEND THE LETTER AND FORM REQUIRED BY THIS SUBSECTION (2)(aWITHIN TWO DAYS AFTER THE ELECTION,THE COUNTY CLERK AND RECORDER MUST SEND THE LETTER AND FORM TO THE ELIGIBLE ELECTOR BY OVERNIGHT MAIL OR HAND DELIVERY ,OR BY THE MOST EXPEDIENT METHOD AVAILABLE FOR OVERSEAS AND MILITARY VOTERS .
SECTION 54.
If the county clerk and recorder receives the formwithin eight days afterelectiondayconfirming that the elector returned a ballot to the countyclerk and recorder and enclosing a copy of the elector's identification as defined in section 1-1-104 (19.5), and if the ballot is otherwise valid, the ballot shall be counted.
In Colorado Revised Statutes, 1-7.5-113.5, amend (4)(a)(I) as follows:
If the eligible elector returns the form indicating that the elector did not return aballottothecountyclerkandrecorder,orif theeligibleelectordoesnot return the form within eight days after election day, the self-affirmation on the return envelope shall be categorized as incorrect, the ballot shall notbecounted,andthecountyclerkandrecordershallsendcopiesof the eligibleelector'ssignatureonthereturnenvelopeandthesignaturestored in the statewide voter registration system to the district attorney for investigation.
-53- 1113 SECTION54.
InColoradoRevisedStatutes,1-7.5-113.5,amend (4)(a)(I) as follows:
(4) (a) (I) For a general election, the sheriff's designee shall coordinate with the county clerk and recorder to provide, at a minimum, one day of in-person voting for confined eligible electors at the county jailordetentioncenter.Thein-personvotingmustbeopenforatleastsix hours and beheld on any day between the fifteenth day before election day and the fourthCOND day before election dAND MUST BE OPEN FOR A MINIMUM NUMBER OF HOURS BASED ON THE NUMBER OF BEDS AVAILABLE IN THE COUNTY JAIL OR DETENTION CENTER AS FOLLO:S (A) SIX HOURS FOR ONE HUNDRED OR MORE BEDS;
(4) (a) (I) For a general election, the sheriff's designee shall coordinatewiththecountyclerkandrecordertoprovide,ataminimum,one day of in-person voting for confined eligible electors at the county jail or detention center.
(B) F OUR HOURS FOR FIFTY OR MORE BUT FEWER THAN ONE HUNDRED BEDS ;AND (C) THREEHOURSFORONEORMOREBUTFEWERTHANFIFTYBEDS .
The in-person voting must be open for at least six hours and be held on any day between the fifteenth day before election day and the fourth SECOND day before election day AND MUST BE OPEN FOR A MINIMUMNUMBEROFHOURSBASEDONTHENUMBEROFBEDSAVAILABLEIN THE COUNTY JAIL OR DETENTION CENTER AS FOLLOWS :
(A) SIX HOURS FOR ONE HUNDRED OR MORE BEDS ;
(B) F OUR HOURS FOR FIFTY OR MORE BUT FEWER THAN ONE HUNDRED BEDS ;AND (C) THREE HOURS FOR ONE OR MORE BUT FEWER THAN FIFTY BEDS .
(1) (aNYA REGISTERED ELECTOR MAY PROTEST THE REGISTRATION OF ANY PERSON WHOSE NAME APPEARS IN A COUNTY REGISTRATION RECORD FOR THE COUNTY IN WHICH THE CHALLENGINGELECTORRESIDES .A PROTEST MAY CHALLENGE A PERSON S REGISTRATION AS INCORRECT BECAUSE THE PERSON I:
(1)(a) ANYREGISTEREDELECTORMAYPROTESTTHEREGISTRATION OFANYPERSONWHOSENAMEAPPEARSINACOUNTYREGISTRATIONRECORD FORTHECOUNTYINWHICHTHECHALLENGINGELECTORRESIDES .A PROTEST MAY CHALLENGE A PERSON 'S REGISTRATION AS INCORRECT BECAUSE THE PERSON IS:
(I) NOT A CITIZEN OF TUENITEDSTATES;
PAGE 41-HOUSE BILL 26-1113 (I) NOT A CITIZEN OF THEUNITED STATES ;
(II) NT AT LEAST FIFTEEN YEARS OL;
(II) NOT AT LEAST FIFTEEN YEARS OLD;
(III) DCEASED ;OR -54- 1113 (IV) N O LONGER A RESIDENT OF THE STATE,BUT HAS NOT YET BEEN MARKED "INACTIVE"IN THE VOTER REGISTRATION RECORD.
(III) DECEASED ;OR (IV) N O LONGER A RESIDENT OFTHE STATE,BUT HAS NOT YET BEEN MARKED "INACTIVE" IN THE VOTER REGISTRATION RECORD .
HE PROTEST MUST BE MADE IN WRITINGONAFORMPRESCRIBEDBYTHESECRETARYOFSTATEANDMUST INCLUDE :
THE PROTEST MUST BE MADE IN WRITING ON A FORM PRESCRIBED BY THE SECRETARY OF STATE AND MUST INCLUDE :
(I) T HE NAME OF THE PERSON WHOSE REGISTRATION IS CHALLENGED ;
(I) TENAMEOFTHEPERSONWHOSEREGISTRATIONISCHALLENGED ;
(II) THE BASIS FOR THE CHALLENGE , INCLUDING SUPPORTING FACTS ;
(II) TEBASISFORTHECHALLENGE ,INCLUDINGSUPPORTINGFACTS ;
(III) ALL DOCUMENTARY EVIDENCE SUPPORTING THE FACTUAL BASIS FOR THE CHALLENGE;AND (IV) THE SIGNATURE AND ADDRESS OF THE CHALLENGER .
(III) ALDOCUMENTARYEVIDENCESUPPORTINGTHEFACTUALBASIS FOR THE CHALLENGE ;AND (IV) THE SIGNATURE AND ADDRESS OF THE CHALLENGER .
(c) A PROTEST MUST BE FILED WITH THE COUNTY CLERK AND RECORDER OF THE COUNTY WHERE THE CHALLENGED REGISTRATION RECORD RESIDES NO LATER THAN ONE HUNDRED TWENTY DAYS BEFORE ANY ELECTION CONDUCTED BY THAT COUNTY CLERK AND RECORDER .
(c) A PROTEST MUST BE FILED WITH THE COUNTY CLERK AND RECORDEROFTHECOUNTYWHERETHECHALLENGEDREGISTRATIONRECORD RESIDES NO LATER THAN ONE HUNDRED TWENTY DAYS BEFORE ANY ELECTIONCONDUCTEDBYTHATCOUNTYCLERKANDRECORDER .A PROTEST FEEOFFIFTYDOLLARSMUSTBEPAIDTOTHECOUNTYCLERKANDRECORDER RESPONSIBLE FOR ADJUDICATING THE CHALLENGE AT THE TIME THAT A PROTEST IS SUBMITTED .
A PROTESTFEEOFFIFTYDOLLARSMUSTBEPAIDTOTHECOUNTYCLERKAND RECORDERRESPONSIBLEFORADJUDICATINGTHECHALLENGEATTHETIME THAT A PROTEST IS SUBMITTED.
AFEE PAYMENT IS REQUIRED FOR EACH WRITTEN PROTEST .FAPROTESTISSUCCESSFUL THEPROTESTFEEMUSTBEREFUNDED TO THE CHALLENGER .
AFEE PAYMENT IS REQUIRED FOR EACH WRITTEN PROTEST .F A PROTEST IS SUCCESSFU,THE PROTEST FEE MUST BE REFUNDED TO THE CHALLENGER .
(d) UPON RECEIPT OF A PROTEST,A COUNTY CLERK AND RECORDER SHALL REVIEW THE PROTEST TO DETERMINE IF IT SUFFICIENTLY ALLEGES A BASIS FOR A CHALLENGE IN ACCORDANCE WITH SUBSECTION (1)(a)OF THIS SECTION.
(d) UPONRECEIPTOFAPROTEST ,ACOUNTYCLERKANDRECORDER SHALL REVIEW THE PROTEST TO DETERMINE IF IT SUFFICIENTLY ALLEGES A BASIS FOR A CHALLENGE IN ACCORDANCE WITH SUBSECTION (1)(aOF THIS SECTION.F A PROTEST DOES NOT ALLEGE A SUFFICIENT BASIS FOR A CHALLENGE PURSUANT TO THIS SECTION , THE COUNTY CLERK AND -55- 1113 RECORDERSHALLDISMISSTHECHALLENGEANDNOTIFYTHECHALLENGER OF THE DISMISSA.
IF A PROTEST DOES NOT ALLEGE A SUFFICIENT BASIS FOR A CHALLENGE PURSUANT TO THIS SECTION , THE COUNTY CLERK AND RECORDER SHALL DISMISS THE CHALLENGE AND NOTIFY THE CHALLENGER OF THE DISMISSAL.
F A PROTEST SUFFICIENTLY ALLEGES A BASIS FOR A CHALLENGE PURSUANT TO THIS SECTION , THE COUNTY CLERK AND RECORDER SHALL NOTIFY AND MAIL A COPY OF THE CHALLENGE TO THE PERSONWHOSEREGISTRATIONISBEINGCHALLENGED .THECOUNTYCLERK ANDRECORDERSHALLNOTIFYTHEPERSONWHOSEREGISTRATIONISBEING CHALLENGED AND THE CHALLENGER OF THE DATE ,TIME,AND LOCATION SET FOR THE CHALLENGE HEARING REQUIRED BY SUBSECTION (1)(eOF THIS SECTIO.
F A PROTEST SUFFICIENTLY ALLEGES A BASIS FOR A PAGE 42-HOUSE BILL 26-1113 CHALLENGE PURSUANT TO THIS SECTION , THE COUNTY CLERK AND RECORDER SHALL NOTIFY AND MAIL A COPY OF THE CHALLENGE TO THE PERSON WHOSE REGISTRATION IS BEING CHALLENGED .THE COUNTY CLERK AND RECORDER SHALL NOTIFY THE PERSON WHOSE REGISTRATION IS BEING CHALLENGEDANDTHECHALLENGEROFTHEDATE ,TIME,ANDLOCATIONSET FOR THE CHALLENGE HEARING REQUIRED BY SUBSECTION (1)(eOF THIS SECTION.
(e) IF A COUNTY CLERK AND RECORDER DETERMINES THAT A PROTESTSUFFICIENTLYALLEGESABASISFORACHALLENGEPURSUANTTO THIS SECTION,THEN THE COUNTY CLERK AND RECORDER MUST SET A HEARINGDATETHATISNOLATERTHANTHIRTYDAYSFROMTHEDATETHE PROTEST WAS FILED AND MUST PROVIDE NOTICE IN ACCORDANCE WITH SUBSECTION (1)(dOF THIS SECTIO.THE CHALLENGER WHO SUBMITTED THE PROTEST MUST APPEAR AT THE HEARING AND SHALL BEAR THE BURDEN OFPROVING THE ALLEGATIONS MADE INTHE PROTEST ARE TRUE.
(e) IF A COUNTY CLERK AND RECORDER DETERMINES THAT A PROTEST SUFFICIENTLY ALLEGES A BASIS FOR A CHALLENGE PURSUANT TO THIS SECTION, THEN THE COUNTY CLERK AND RECORDER MUST SET A HEARING DATE THAT IS NO LATER THAN THIRTY DAYS FROM THE DATE THE PROTEST WAS FILED AND MUST PROVIDE NOTICE IN ACCORDANCE WITH SUBSECTION (1)(dOFTHISSECTION .THECHALLENGERWHOSUBMITTEDTHE PROTEST MUST APPEAR AT THE HEARING AND SHALL BEAR THE BURDEN OF PROVING THE ALLEGATIONS MADE IN THE PROTEST ARE TRUE.
THEPERSONWHOSEREGISTRATIONISBEINGCHALLENGEDMUSTHAVETHE OPPORTUNITY TO APPEAR AT THE HEARINGBUT MAY NOT BE PENALIZED OR SUBJECT TO A NEGATIVE PRESUMPTION OR INFERENCE IFTHEY DO NOT APPEAR .
THE PERSON WHOSEREGISTRATIONISBEINGCHALLENGEDMUSTHAVETHEOPPORTUNITY TO APPEAR AT THE HEARING,BUT MAY NOT BE PENALIZED OR SUBJECT TO A NEGATIVE PRESUMPTION OR INFERENCE IF THEY DO NOT APPEAR .
HE COUNTY CLERK AND RECORDER SHALL CONDUCT THE HEARING AND MAY RECEIVE EVIDENCE AND HEAR TESTIMONY.NO LATER THAN FIVE DAYS AFTER THE DATE OF THE HEARING,BUT IN NO EVENT LATER THAN NINETY DAYS BEFORE AN ELECTION CONDUCTED BY THE COUNTYCLERKANDRECORDER ,THECOUNTYCLERKANDRECORDERMUST RENDER A DECISION IN ACCORDANCE WITH SUBSECTION (1)(f)OF THIS SECTION AND NOTIFY BOTH PARTIES OF THE DECIS.ON -56- 1113 (f) N RENDERING A DECISION AFTER THE HEARING ON A PROTES, A COUNTY CLERK AND RECORDER MUST PROCEED AS FOLLOWS :
THE COUNTY CLERK AND RECORDER SHALL CONDUCT THE HEARING AND MAY RECEIVE EVIDENCE AND HEAR TESTIMONY .
(I) IF THEY FIND SUFFICIENT EVIDENCE TO SUPPORT THE ALLEGATIONSINTHEPROTEST ANDTHEBASISOFTHECHALLENGEISTHAT THE PERSON IS DECEASED ,LESS THAN FIFTEEN YEARS OLD , OR NOT A CITIZEN OF THE UNITED S TATES,THE COUNTY CLERK AND RECORDER SHALL CANCEL THE PERSON S VOTER REGISTRATION RECORD IN THE STATEWIDE VOTER REGISTRATION SYSTEM ;
NO LATER THAN FIVE DAYS AFTER THE DATE OF THE HEARING ,BUT IN NO EVENT LATER THAN NINETY DAYS BEFORE AN ELECTION CONDUCTED BY THE COUNTY CLERK AND RECORDER ,THE COUNTY CLERK AND RECORDER MUST RENDER A DECISION INACCORDANCEWITHSUBSECTION (1)(fOFTHISSECTIONANDNOTIFYBOTH PARTIES OF THE DECISION (f) I RENDERING A DECISION AFTER THE HEARING ON A PROTES,A COUNTY CLERK AND RECORDER MUST PROCEED AS FOLLOWS :
(II) IF THEY FIND SUFFICIENT EVIDENCE TO SUPPORT THE ALLEGATIONS IN THE PROTEST ,AND THE BASIS FOR THE CHALLENGE IS THAT THE PERSON IS NOT A RESIDENT OF THE STA,THE COUNTY CLERK ANDRECORDERSHALLMARKTHEPERSON SVOTERREGISTRATIONRECORD "INACTIVE",SEND A CONFIRMATION CARD ,AND OTHERWISE FOLLOW THE REQUIREMENTS OF SECTION 1-2-302.5;OR (III) I THEY DO NOT FIND SUFFICIENT EVIDENCE TO SUPPORT THE ALLEGATIONSINTHEPROTEST THECOUNTYCLERKANDRECORDERSHALL DENY THE CHALLENGE .
(I) IF THEY FIND SUFFICIENT EVIDENCE TO SUPPORT THE ALLEGATIONS IN THE PROTEST,AND THE BASIS OF THE CHALLENGE IS THAT THEPERSONISDECEASED LESSTHANFIFTEENYEARSOLD ORNOTACITIZEN OFTHE U NITEDSTATES ,THECOUNTYCLERKANDRECORDERSHALLCANCEL THE PERSON S VOTER REGISTRATION RECORD IN THE STATEWIDE VOTER REGISTRATION SYSTEM ;
(2) A LL APPEALS FROM A DECISION OF THE COUNTY CLERK AND RECORDER MUST BE TO THE DISTRICT COURT AND FILED WITHIN THREE DAYS FROM THE DATE THE DECISION IS ISSU.A N APPELLANT MUST FILE IN THE DISTRICT COURT A VERIFIED PETITION SETTING FORTH THE FACTS PRESENTEDATTHEHEARING ,IFANY THEDECISIONOFTHECOUNTYCLERK AND RECORDER ,AND THE BASIS FOR THE APPEA.W ITHIN TWENTY-FOUR HOURS ,THE CLERK OF THE DISTRICT COURT MUST MAIL TO THE OTHER PARTY A NOTICE OF THE APPEAL,INCLUDING THE TIME OF ANY HEARING.
(II) IF THEY FIND SUFFICIENT EVIDENCE TO SUPPORT THE ALLEGATIONSINTHE PROTEST ,ANDTHEBASISFORTHECHALLENGEISTHAT THE PERSON IS NOT A RESIDENT OF THE STATE,THE COUNTY CLERK AND PAGE 43-HOUSE BILL 26-1113 RECORDER SHALL MARK THE PERSON S VOTER REGISTRATION RECORD "INACTIVE",SEND A CONFIRMATION CARD ,AND OTHERWISE FOLLOW THE REQUIREMENTS OF SECTION 1-2-302.5OR (III) F THEY DO NOT FIND SUFFICIENT EVIDENCE TO SUPPORT THE ALLEGATIONS IN THE PROTEST,THE COUNTY CLERK AND RECORDER SHALL DENY THE CHALLENGE .
A HEARING MUST BE HELD NO LESS THAN THREE DAYS NOR MORE THAN FIVE DAYS AFTER THE DATE THE VERIFIED PETITION IS F.LED -57- 1113 (3) (a) ADISTRICT COURT MUST HEAR TESTIMONY AND OTHER EVIDENCEANDINVESTIGATESUMMARILYANYAPPEALFILEDPURSUANTTO SUBSECTION (2)OF THIS SECTIO.
(2) A LL APPEALS FROM A DECISION OF THE COUNTY CLERK AND RECORDERMUSTBETOTHEDISTRICTCOURTANDFILEDWITHINTHREEDAYS FROM THE DATE THE DECISION IS ISSUED AN APPELLANT MUST FILE IN THE DISTRICTCOURTAVERIFIEDPETITIONSETTINGFORTHTHEFACTSPRESENTED AT THE HEARING ,IF ANY, THE DECISION OF THE COUNTY CLERK AND RECORDER ,ANDTHEBASISFORTHEAPPEAL .W ITHINTWENTY FOURHOURS , THE CLERK OF THE DISTRICT COURT MUST MAIL TO THE OTHER PARTY A NOTICE OF THE APPEAL,INCLUDING THE TIME OF ANY HEARING.A HEARING MUSTBEHELDNOLESSTHANTHREEDAYSNORMORETHANFIVEDAYSAFTER THE DATE THE VERIFIED PETITION IS FILED (3) (a) A DISTRICT COURT MUST HEAR TESTIMONY AND OTHER EVIDENCE AND INVESTIGATE SUMMARILY ANY APPEAL FILED PURSUANT TO SUBSECTION (2)OFTHISSECTION .O NLYCOMPETENT LEGALEVIDENCE MAY BE RECEIVED AT THE HEARING OR CONSIDERED BY THE COURT .
ONLY COMPETENT LEGAL EVIDENCE MAY BE RECEIVED AT THE HEARING OR CONSIDERED BY THE COUR.
N O PRESUMPTION MAY BE MADE AGAINST A PERSON WHOSE REGISTRATION IS CHALLENGEDMERELYBECAUSEOFTHEIRFAILURETOATTENDTHEHEARING .
NO PRESUMPTIONMAYBE MADE AGAINST APERSONWHOSE REGISTRATIONIS CHALLENGED MERELY BECAUSE OF THEIR FAILURE TO ATTEND THE HEARING .
THE COURT HAS THE POWER TO SUBPOENA ANY PERSON AS A WITNESS AND TOMAKEANYNECESSARYINVESTIGATIONTOASCERTAINTHETRUTHOFANY CHARGES MADE IN THE PETITION,IF THE METHOD OF INVESTIGATION DOES NOT CAUSE UNNECESSARY DELAY OR INTERFERE WITH THE FINAL DISPOSITION OF THE PROTEST WITHIN THE TIME PROVIDED IN THIS SECTION A HEARING ON ANY PETITION IS SUMMARY AND FINAL AND IS NOT SUBJECT TO DELAY .
HE COURT HAS THE POWER TO SUBPOENA ANY PERSON AS A WITNESS AND TO MAKE ANY NECESSARY INVESTIGATION TO ASCERTAIN THE TRUTH OF ANY CHARGES MADE IN THE PETITIO,IF THE METHOD OF INVESTIGATION DOES NOT CAUSE UNNECESSARY DELAY OR INTERFERE WITHTHEFINALDISPOSITIONOFTHEPROTESTWITHINTHETIMEPROVIDED IN THIS SECTIO.
(b) AT THE CLOSE OF THE HEARING,THE COURT MUST ANNOUNCE IF THE PROTEST HAS BEEN SUSTAINED .
AHEARING ON ANY PETITION IS SUMMARY AND FINAL AND IS NOT SUBJECT TO DELA.
F THE PROTEST IS SUSTAINED,THE COURT SHALL ORDER THE APPROPRIATE REMEDY IN ACCORDANCE WITH SUBSECTION (1)(f)OF THIS SECTIO.THE COURT SHALL DIRECT THE CLERK OFTHE COURT TOCERTIFYTHE NAME OFTHEPERSONWHOSEREGISTRATION IS CHALLENGED AND THE REMEDY TO THE COUNTY CLERK AND RECORDER .
(b) AT THE CLOSE OF THE HEARI,THE COURT MUST ANNOUNCE IFTHE PROTEST HAS BEENSUSTAINED.FTHE PROTEST IS SUSTAINE,THE COURT SHALL ORDER THE APPROPRIATE REMEDY IN ACCORDANCE WITH SUBSECTION (1)(fOFTHISSECTION.THECOURTSHALLDIRECTTHECLERK OF THE COURT TO CERTIFY THE NAME OF THE PERSON WHOSE REGISTRATION IS CHALLENGED AND THE REMEDY TO THE COUNTY CLERK AND RECORDER .UPON RECEIPT OF THE NAME AND REMEDY,THE COUNTY CLERKANDRECORDERSHALLTAKETHEACTIONREQUIREDBYTHECOURT .
U PON RECEIPT OF THE NAME AND REMEDY , THE COUNTY CLERK AND PAGE 44-HOUSE BILL 26-1113 RECORDERSHALLTAKETHEACTIONREQUIREDBYTHECOURT .THEDECISION OFTHECOURTISFINALANDNOTSUBJECTTOREVIEWBYANYOTHERCOURT ;
THE DECISION OF THE COURT IS FINAL AND NOT SUBJECT TO REVIEW BY ANYOTHERCOURT ;EXCEPTTHATTHESUPREMECOURT ,INITSDISCRETION, MAY REVIEW ANY SUCH PROCEEDINGS IN A SUMMARY WAY .
EXCEPT THAT THE SUPREME COURT ,IN ITS DISCRETION , MAY REVIEW ANY SUCH PROCEEDINGS IN A SUMMARY WAY .
-58- 1113 1-12-108.
1-12-108.
(5) (c) Unless physically unable, all electors shall sign their own signature and shall print their names, respective residence addresses, including the street number and name, the city or town, the county, and the date of signature.
(5) (c) Unless physically unable, all electors shall sign their own signature and shall print their names, respective residence addresses, including the street number and name, the cityor town, the county, and the date of signature.
If, while verifying a signer's information against the registration records in accordance with subsection (8) of this section, the designated election official finds that the signer provided his or herTHEIR mailing address rather than his or heTHEIR residence address, the designated election official may accept the signature line as validifthedesignatedelectionofficialisabletolocatethesigner'srecord inthestatewidevoterregistrationdatabaseanddeterminesthatthesigner was eligible to sign the petition.
If, while verifying a signer's information against the registration records in accordance with subsection (8) of this section, the designated election official finds that the signer provided his or herHEIR mailing address rather than his or her THEIR residence address, the designated election official may accept the signature line as valid if the designated election official is able to locate the signer's record in the statewide voter registration database and determines that the signer was eligible to sign the petition.
Mail ballots - plan required - voter service and polling centers - number required - definition.
Mailballots-planrequired-voterserviceandpolling centers - number required - definition.
(b) Notearlierthanthetwenty-secondWENTY -NINTHdayorlater thantheeighteenthWENTY -FIFTHdaybeforetheelection,thedesignated election official shall mail ballots to all active registered electors.
(b) Not earlier than the twenty-second TWENTY NINTH day or later than the eighteenth TWENTY FIFTH day before the election, the designated election official shall mail ballots to all active registered electors.
SECTION 58.
SECTION58.
In Colorado Revised Statutes, 1-12-201, amend (1) as follows:
InColoradoRevisedStatutes,1-12-201, amend(1) as follows:
(1) When a vacancy occurs in the office of United States senator from thisHE state, the governor shall make a temporaryappointment to -59- 1113 fill the vacancy until it is filled by eleHE GOVERNOR SHALL APPOINT A PERSON WHO IS A MEMBER OF THE SAME POLITICAL PARTY AS THE FORMER U NITEDSTATES SENATOR .
PAGE 45-HOUSE BILL 26-1113 (1) When a vacancy occurs in the office of United States senator fromthis THE state,thegovernorshallmakeatemporaryappointmenttofill the vacancy until it is filled by election.
SECTION59.
TERNOR SHALL APPOINT A PERSON WHO IS A MEMBER OF THE SAME POLITICAL PARTY AS THE FORMER U NITED STATES SENATOR .
InColoradoRevisedStatutes,amend1-12-205as follows:
SECTION 59.
In Colorado Revised Statutes, amend 1-12-205 as follows:
All vacancies in any county office, except that of county commissioner, shall be filled by appointment by the board of county commissioners of the countyin which the vacancy occurs.
All vacancies in any county office, except that of county commissioner, shall be filled by appointment by the board of county commissioners of the county in which the vacancy occurs.
until the next generalelection,atwhichtimethevacancyshallbefilledbyelection APPOINTEDOFFICIALSHALLSERVEINTHECOUNTYOFFICEUNTILTHENEXT REGULARLY SCHEDULED GENERAL ELECTION ,AT WHICH TIME THE REMAINDEROFTHEVACANTTERM ,IFANY,SHALLBEFILLEDBYELECTION .
until the next general election, at which time the vacancy shall be filled by elecHEon T APPOINTED OFFICIAL SHALL SERVE IN THE COUNTY OFFICE UNTIL THE NEXT REGULARLY SCHEDULED GENERAL ELECTION , AT WHICH TIME THE REMAINDER OF THE VACANT TERM ,IF ANY,SHALL BE FILLED BY ELECTION .
SECTION60.
SECTION 60.
InColoradoRevisedStatutes,amend1-12-209as follows:
In Colorado Revised Statutes, amend 1-12-209 as follows:
Except for appointments on nonpartisan boards, any officers elected or appointed to fill vacancies as provided in this article shall qualify and enter upon the duties of their offices immediately thereafter.
Exceptforappointmentsonnonpartisanboards,anyofficerselected or appointed to fill vacancies as provided in this article shall qualify and enter upon the duties of their offices immediately thereafter.
If elected or appointed, the officers shall hold the office during the unexpiredtermforwhichtheywereelectedand ORAPPOINTED untiltheir successors are elected, qualified, and take office on the second Tuesday ofJanuaryTHENEXTREGULARLYSCHEDULEDGENERALELECTION ORFOR COUNTY COMMISSIONER OR GENERAL ASSEMBLY VACANCIES UNTIL THE NEXT REGULARLY SCHEDULED COORDINATED OR GENERAL ELECTION , WHICHEVER IS APPLICABLE, AT WHICH TIME THE REMAINDER OF THE VACANTTERM ,IFANY,SHALLBEFILLEDBYELECTION ,exceptasotherwise -60- 1113 provided by law, in accordance with section 1-1-201.
If elected or appointed, the officers shall hold the office during the unexpired term for which they were elected and OR APPOINTED until their successors are elected, qualified, and take office on the second Tuesday of JanuaTHE NEXT REGULARLY SCHEDULED GENERAL ELECTION , OR FOR COUNTY COMMISSIONER OR GENERAL ASSEMBLY VACANCIES , UNTIL THE NEXT REGULARLYSCHEDULEDCOORDINATEDORGENERALELECTION ,WHICHEVER IS APPLICABLE, AT WHICH TIME THE REMAINDER OF THE VACANT TERM , IF ANY ,SHALL BE FILLED BY ELECTION , except as otherwise provided by law, in accordance with section 1-1-201.
3 SECTION 61.
SECTION 61.
InColoradoRevisedStatutes,amend1-13-711as follows:
In Colorado Revised Statutes, amend 1-13-711 as follows:
1-13-711.
PAGE 46-HOUSE BILL 26-1113 1-13-711.
Any person who interferes with any voter who is inside the immediate voting area,ITHIN ONE HUNDRED FEET OF ANY BUILDING IN WHICH A POLLING LOCATION OR DROP -OFF LOCATION IS LOCATED ,OR WITHIN ONE HUNDRED FEET OF A DROP BOX or is marking a ballot or operating a voting device or electronic voting device at any election providedbylawuponconvictionshallbepunishedasprovidedinsection 1-13-111.
Any person who interferes with any voter who is inside the immediate voting area, WITHIN ONE HUNDRED FEET OF ANY BUILDING IN WHICHAPOLLINGLOCATIONORDROP OFFLOCATIONISLOCATED ,ORWITHIN ONE HUNDRED FEET OF A DROP BOX or is marking a ballot or operating a voting device or electronic voting device at any election provided by law upon conviction shall be punished as provided in section 1-13-111.
InColoradoRevisedStatutes,amend1-13-713as follows:
In Colorado Revised Statutes, amend 1-13-713 as follows:
It is unlawful for any person directly or indirectly, by himself or herselforbyanyotherpersoninhisorherbehalf,toRECKLESSLY impede, prevent,MAKE A CREDIBLE THREAT ,MENACE ,INTIMIDATE, or otherwise interfere with the free exercise of the elective franchise of any elector, INCLUDING ANY ELECTOR WHO IS DELIVERING NO MORE THAN TEN MAIL BALLOTS TO A DROP BOX OR DROP -OFF-LOCATION DESIGNATED BY THE COUNTYCLERKANDRECORDERORDESIGNATEDELECTIONOFFICIAL ,orto compel, induce, or prevail upon anyelector either to give or refrain from giving the elector's vote at any election provided by law or to give or refrainfromgivingtheelector'svoteforanyparticularpersonormeasure at any such election.
It is unlawful for any person directly or indirectly, by himself or herself or by any other person in his or her behalf, toESSLY impede, prevent, MAKE A CREDIBLE THREAT ,MENACE , INTIMIDATE , or otherwise interfere with the free exercise of the elective franchise of any elector, INCLUDING ANY ELECTOR WHO IS DELIVERING NO MORE THAN TEN MAIL BALLOTS TO A DROP BOX OR DROP OFF -LOCATION DESIGNATED BY THE COUNTY CLERK AND RECORDER OR DESIGNATED ELECTION OFFICIAL , or to compel, induce, or prevail upon any elector either to give or refrain from givingtheelector'svoteatanyelectionprovidedbylawortogiveorrefrain from giving the elector's vote for any particular person or measure at any such election.
SECTION 63.
SECTION63.
In Colorado Revised Statutes, 1-13-724, amend -61- 1113 (4) as follows:
InColoradoRevised Statutes,1-13-724,amend(4) as follows:
Unlawfully carrying a firearm at a polling location or drop box - exception - legislative declaration.
Unlawfully carryingafirearmatapollinglocationor drop box - exception - legislative declaration.
(4) This section does not applyto a peace officer, as described in section16-2.5-101,actingwithinthescopeofthepeaceofficer'sauthority and in the performance of the peace officer'sL duties,EXCEPT AS OTHERWISE PROVIDED IN SECTIONS 1-13-713AND 1-13-726.
(4) This section does not apply to a peace officer, as described in section 16-2.5-101, acting within the scope of the peace officer's authority and in the performance of the peace officer'sLAWFUL duties,EXCEPT AS OTHERWISE PROVIDED IN SECTIONS 1-13-713 AND 1-13-726.
1-13-725.
PAGE 47-HOUSE BILL 26-1113 1-13-725.
(1)(b) Aperson who knowinglysigns,files,transmits,orrecords withthesecretaryofstate,thearchivistoftheUnitedStates,thepresident of the United States senate, the United States congress, or a Colorado federal district court judge a list of presidential electors who voted for candidatesforpresidentandvicepresidentoftheUnitedStates,RTHEIR SUCCESSORS ,whodidnotreceivethehighestnumberof votesinthestate at a general election at which the offices of president and vice president of the United States were contested commits offering of a false instrument for recording as set forth in section 18-5-114.
(1) (b) A person who knowingly signs, files, transmits, or records with the secretary of state, the archivist of the United States, the president of the United States senate, the United States congress, or a Colorado federal district court judge a list of presidential electors who voted for candidates for president and vice president of the United States, OR THEIR SUCCESSORS , who did not receive the highest number of votes in the state at a general election at which the offices of president and vice president of theUnitedStateswerecontestedcommitsofferingof afalseinstrumentfor recording as set forth in section 18-5-114.
If the interstate compact, "Agreement Among the States to Elect the President by National Popular Vote", described in part 40 of article 60 of title 24, is in effect and the state's electoral votes are awarded to the winner of the national popular vote, the provisions of this subsection (1)(b) shall apply to individuals who sign, file, transmit, or record a list of presidential electors who voted for candidates for president and vice president of the United States,R THEIR SUCCESSORS, who the secretary of state did not designate as the national popular vote winner.
If the interstate compact, "Agreement Among the States to Elect the President by National Popular Vote",describedinpart40ofarticle60oftitle24,isineffectandthestate's electoral votes are awarded to the winner of the national popular vote, the provisionsofthissubsection(1)(b)shallapplytoindividualswhosign,file, transmit, or record a list of presidential electors who voted for candidates forpresidentandvicepresidentoftheUnitedStates, ORTHEIRSUCCESSORS , who the secretary of state did not designate as the national popular vote winner.
-62- 1113 (c) A person who has not been elected as a presidential elector in a general election and who knowingly votes as a presidential elector for candidatesforpresidentandvicepresidentoftheUnitedStates,HEIR SUCCESSORS ,whodidnotreceivethehighestnumberof votesinthestate at a general election at which the offices of president and vice president of the United States were contested, or who inputs information into a form, certificate, or other paper or document required of presidential electorsthatwasnotprovidedbythesecretaryofstatepursuanttosection 1-4-304,commitsforgeryassetforthinsection18-5-102.Iftheinterstate compact, "Agreement Among the States to Elect the President by National Popular Vote", described in part 40 of article 60 of title 24, is in effect and the state's electoral votes are awarded to the winner of the national popular vote, the provisions of this subsection (1)(c) shall apply to a person who knowingly votes as a presidential elector for candidates for president and vice president of the United States, THEIR SUCCESSORS , who the secretary of state did not designate as the national popular vote winner.
(c) A person who has not been elected as a presidential elector in a general election and who knowingly votes as a presidential elector for candidates for president and vice president of the United States, OR THEIR SUCCESSORS , who did not receive the highest number of votes in the state at a general election at which the offices of president and vice president of the United States were contested, or who inputs information into a form, certificate,orotherpaperordocumentrequiredofpresidentialelectorsthat was not provided by the secretary of state pursuant to section 1-4-304, commits forgeryas set forth in section 18-5-102.
SECTION 65.
If the interstate compact, "Agreement Among the States to Elect the President by National Popular Vote",describedinpart40ofarticle60oftitle24,isineffectandthestate's electoral votes are awarded to the winner of the national popular vote, the provisions of this subsection (1)(c) shall apply to a person who knowingly votesasapresidentialelectorforcandidatesforpresidentandvicepresident of the United States,OR THEIR SUCCESSORS , who the secretary of state did not designate as the national popular vote winner.
In Colorado Revised Statutes, 1-13-726, amend (3) introductoryportionand(6)(b);
SECTION65.
and add (3)(b.5)and (5)(f) as follows:
InColoradoRevisedStatutes,1-13-726,amend (3) introductory portion and (6)(b);
1-13-726.
and add (3)(b.5), (5)(e), and (5)(f) as follows:
PAGE 48-HOUSE BILL 26-1113 1-13-726.
An individual, whether acting under color of law or otherwise, shall notSLY intimidate, threatenE A CREDIBLE THREAT , or coerce or attempt to RECKLESSLY intimidate, threaMAKE A CREDIBLE THREAT , or coerce, DIRECTLY OR INDIRECTLY, any individual for any of the following:
An individual, whether acting under color of law or otherwise, shall noRECKLESSLY intimidate, threateMAKE A CREDIBLE THREAT , or coerce or attempt to RECKLESSLY intimidate, threatenMAKE A CREDIBLE THREAT , or coerce, DIRECTLY OR INDIRECTLY , any individual for any of the following:
-63- 1113 (b.5) DELIVERING NO MORE THAN TEN MAIL BALLOTS TO A DROP BOX OR DROP -OFF LOCATION DESIGNATED BY THE COUNTY CLERK AND RECORDER OR DESIGNATED ELECTION OFFICIAL ;
(b.5) DELIVERINGNOMORETHANTENMAILBALLOTSTOADROPBOX ORDROP OFFLOCATIONDESIGNATEDBYTHECOUNTYCLERKANDRECORDER OR DESIGNATED ELECTION OFFICIAL ;
(e) A DISTRICT COURT THAT HAS JURISDICTION OVER ANY SUIT BROUGHTPURSUANTTOTHISSECTIONMUSTEXPEDITECONSIDERATIONOF THE SUIT AND CONDUCT A FORTHWITH HEARING THEREON .
(e) A DISTRICT COURT THAT HAS JURISDICTION OVER ANY SUIT BROUGHT PURSUANT TO THIS SECTION MUST EXPEDITE CONSIDERATION OF THE SUIT AND CONDUCT A FORTHWITH HEARING THEREON .
ADISTRICT COURT MAY ORDER SUCH EQUITABLE RELIEF AS IS WARRANTED BY THE FACTS AND APPLICABLE LAW AND DO SO ON AN EMERGENCY BASIS IF WARRANTED .
A DISTRICT COURT MAY ORDER SUCH EQUITABLE RELIEF AS IS WARRANTED BY THE FACTS AND APPLICABLE LAW AND DO SO ON AN EMERGENCY BASIS IF WARRANTED .
(f) IF,AT THE TIME OF FILING THE COMPLAINT,AN INDIVIDUAL DEFENDANT CANNOT BE IDENTIFIED BY NAME BECAUSE THE INDIVIDUAL WAS WEARING A MASK OR OTHER DISGUISE OR REFUSED TO PROVIDE IDENTIFYING INFORMATION INCLUDING THE NAME OF THE INDIVIDUAL S EMPLOYER ,WHETHER AN ORGANIZATION OR GOVERNMENT AGENCY ,THE PLAINTIFF MAY NAME THE UNKNOWN INDIVIDUAL AND THE INDIVIDUAL S EMPLOYER AS DEFENDANTS IN THE COMPLAINT FILED PURSUANT TO THIS SECTION .
(f) IF ,AT THE TIME OF FILING THE COMPLAINT , AN INDIVIDUAL DEFENDANTCANNOTBEIDENTIFIEDBYNAMEBECAUSETHEINDIVIDUALWAS WEARINGAMASKOROTHERDISGUISEORREFUSEDTOPROVIDEIDENTIFYING INFORMATION INCLUDING THE NAME OF THE INDIVIDUAL S EMPLOYER , WHETHERANORGANIZATIONORGOVERNMENTAGENCY THEPLAINTIFFMAY NAME THE UNKNOWN INDIVIDUAL AND THE INDIVIDUAL S EMPLOYER AS DEFENDANTS IN THE COMPLAINT FILED PURSUANT TO THIS SECTION .
(b) To prevail in a suit to enforce subsection (3) of this section, a plaintiff is not required to prove that a defendant intended to intimidate, threaten, or coerce any individual, except to prove an THAT A DEFENDANT S ACTS CONSTITUTED A RECKLESS attempt toDIRECTLY OR INDIRECTLY , intimidate, threaten, or cA PERSON IN VOTING OR TO REFRAINFROMVOTINGORINDELIVERINGNOMORETHANTENBALLOTSTO ADROPBOXORDROP -OFFLOCATIONDESIGNATEDBYACOUNTYCLERKOR DESIGNATED ELECTION OFFICIAL .
(b) To prevail in a suit to enforce subsection (3) of this section, a plaintiff is not required to prove that a defendant intended to intimidate, threaten, orcoerceanyindividual,excepttoprove an THAT ADEFENDANT S ACTS CONSTITUTED A RECKLESS attempt to,DIRECTLY OR INDIRECTLY , intimidate, threaten, or coercePERSON IN VOTING OR TO REFRAIN FROM VOTING OR IN DELIVERING NO MORE THAN TEN BALLOTS TO A DROP BOX OR DROP -OFF LOCATION DESIGNATED BY A COUNTY CLERK OR DESIGNATED ELECTIONOFFICIAL .Acourtmaynonethelessconsiderevidenceofintentin PAGE 49-HOUSE BILL 26-1113 determining the appropriate relief AND SHALL RETAIN JURISDICTION OVER ANYATTEMPTSBYTHENAMEDDEFENDANTSTOINTIMIDATE ,THREATEN ,OR COERCE VOTING AT THE LOCATION OR LOCATIONS IDENTIFIED IN A SUIT THROUGH THE DATE OF THE RELEVANT ELECTION .
A court may nonetheless consider -64- 1113 evidence of intent in determining the appropriate rAND SHALL RETAIN JURISDICTION OVER ANY ATTEMPTS BY THE NAMED DEFENDANTS TO INTIMIDATE, THREATEN ,OR COERCE VOTING AT THE LOCATION OR LOCATIONS IDENTIFIED IN A SUIT THROUGH THE DATE OF THE RELEVANT ELECTION .
(1) (b) Any initiative or referendum petition shall be signed only by registered electors who are eligible to vote on the measure.
(1)(b) Anyinitiative or referendumpetition shall be signedonlyby registeredelectors who are eligible to vote on themeasure.Eachregistered electorshallsigntheirownsignatureandshallprinttheirname,theaddress at which they reside, including the street number and name, the city and town, the county, and the date of signing.
Each registeredelectorshallsigntheirownsignatureandshallprinttheirname, the address at which they reside, including the street number and name, the city and town, the county, and the date of signing.
The circulator of a petition shall encourage each registered elector signing a petition to sign the petition in ink.
The circulator of apetitionshallencourageeachregisteredelectorsigningapetitiontosign the petition in ink.
In theeventaregisteredelectorisapersonwithaphysicaldisabilityor is a person who is unable to read or write and the registered elector wishes tosignthepetition,theelectorshall sign or make their mark in the spaceso provided.Anyperson,otherthanacirculator,mayassisttheelectorwhohas a physical disability or who is unable to read or write in completing the remaininginformationrequiredbythissubsection(1).Thepersonproviding assistance shall sign their name and address and shall state that such assistance was given to the elector who has a physical disability or who is unable to read or write.
In the event a registered elector is a person with a physical disability or is a person who is unable to read or write and the registered elector wishes to sign the petition, the elector shall sign or make their mark in the space so provided.
SECTION67.
Any person, other than a circulator, may assist the elector who has a physical disability or who is unabletoreador write incompletingtheremaininginformationrequired by this subsection (1).
InColoradoRevisedStatutes,1-40-116, amend(2) as follows:
The person providing assistance shall sign their name and address and shall state that such assistance was given to the elector who has a physical disability or who is unable to read or write.
SECTION 67.
In Colorado Revised Statutes, 1-40-116, amend (2) as follows:
Validation-ballotissues-randomsampling-rules.
Validation - ballot issues - random sampling - rules.
-65- 1113 (2) Upon submission of the petition, the secretary of state shall examine each name and signature on the petition.
(2) Upon submission of the petition, the secretary of state shall examine each name and signature on the petition.
The petition shall not be available to the puFOR EXAMINATION for a period ofNOT more than thirtSIXTYcalendar days for the examinatiEXCEPT THAT,THE EXAMINATION MUST BE COMPLETE NO LATER THAN SIXTY -TWO DAYS BEFORE THE ELECTION AT WHICH THE PETITION ISSUE OR QUESTION WILL APPEARONTHE BALLOT .Thesecretaryshallassurethattheinformation required by sections 1-40-110 and 1-40-111 is complete, that the information on each signature line was written bythe person making the signature, and that no signatures have been added to any sections of the petition after the affidavit required by section 1-40-111 (2) has been executed.
The petition shall not be available to the publicOR EXAMINATION for a period of noNOT more than thirty SIXTY calendar days for the examination;
SECTION 68.
EXCEPT THAT , THE EXAMINATIONMUSTBECOMPLETENOLATERTHANSIXTY TWODAYSBEFORE THEELECTIONAT WHICHTHE PETITIONISSUE ORQUESTIONWILLAPPEARON THE BALLOT .
In Colorado Revised Statutes, 1-40-118, amend (1) as follows:
The secretary shall assure that the information required by sections 1-40-110 and 1-40-111 is complete, that the information on each PAGE 50-HOUSE BILL 26-1113 signature line was written by the person making the signature, and that no signatureshavebeenaddedtoanysectionsofthepetitionaftertheaffidavit required by section 1-40-111 (2) has been executed.
SECTION68.
InColoradoRevisedStatutes, 1-40-118,amend(1) as follows:
(1) A protest in writing, under oath, together with three copies thereof, maybe filed in the district court for the county in which the petition has been filed by some registered elector, within fifteendaysafterthesecretaryofstateissuesastatementastowhetherthe petitionhasasufficientnumberofvalidsignatures,whichstatementmust be issued no later than thSIXTYcalendar days after the petition has been filedEXCEPT THAT,A STATEMENT MUST BE ISSUED NO LATER THAN SIXTY-TWODAYSBEFORETHEELECTIONATWHICHTHEPETITIONISSUEOR QUESTION WILL APPEAR ON THE BALLOT.
(1) A protest in writing, under oath, together with three copies thereof,maybefiledinthedistrictcourtforthecountyinwhichthepetition has been filed by some registered elector, within fifteen days after the secretary of state issues a statement as to whether the petition has a sufficient number of valid signatures, which statement must be issued no later than thirtySIXTY calendar days after the petition has been filed;
If the secretary of state fails to issueastatementwithinthirtycalendardayBYTHEDEADLINEREQUIRED BYTHISSECTION ,thepetitionisdeemedsufficient.Regardlessofwhether the secretary of state has issued a statement of sufficiency or if the petition is deemed sufficient because the secretary of state has failed to -66- 1113 issue a statement of sufficiency within thirty calendar days, no further agency action is necessary for the district court to have jurisdiction to considertheprotest.Duringtheperiodapetitionisbeingexaminedbythe secretaryof state for sufficiency, the petition shall not be available to the public;
EXCEPT THAT , A STATEMENT MUST BE ISSUED NO LATER THAN SIXTY TWO DAYS BEFORE THE ELECTION AT WHICH THE PETITION ISSUE OR QUESTION WILL APPEAR ON THE BALLOT .
except that such period must not exceed thirtycalendaTHEays DEADLINEREQUIREDBYTHISSECTION .
If the secretary of state fails to issue a statement within thirty calendar daysBY THE DEADLINE REQUIRED BY THIS SECTION , the petition is deemed sufficient.
Immediatelyafter thesecretaryof state issues a statement of sufficiency or, if the petition is deemed sufficient because the secretaryof state has failed to issue the statement, after thirty calendar dBY THE DEADLINE REQUIRED BY THIS SECTION , the secretary of state shall make the petition available to the public for copying upon request.
Regardless of whether the secretary of state has issued a statement of sufficiency or if the petition is deemed sufficient because the secretary of state has failed to issue a statement of sufficiency within thirty calendar days, no further agency action is necessaryfor the district court to have jurisdiction to consider the protest.
During the period a petition is being examined by the secretary of state for sufficiency, thepetitionshallnotbeavailabletothepublic;except that such period must not exceed thirty calendar days THE DEADLINE REQUIRED BY THIS SECTION .
Immediately after the secretary of state issues astatementofsufficiencyor,ifthepetitionisdeemedsufficientbecausethe secretaryof statehasfailedtoissuethestatement,afterthirtycalendardays BY THE DEADLINE REQUIRED BY THIS SECTION , the secretary of state shall make the petition available to the public for copying upon request.
(3) (a) "Disaster" means the occurrence or imminent threat of widespread or severe damage, injury, or loss of life or propertyresulting from any natural cause or cause of human origin, including but not limited to fire;
As used in this part 7, unless the context otherwise requires:
PAGE 51-HOUSE BILL 26-1113 (3) (a) "Disaster" means the occurrence or imminent threat of widespread or severe damage, injury, or loss of life or property resulting from anynatural cause or cause of human origin, including but not limited to fire;
oil spill or other water contamination requiring emergencyactiontoavertdangerordamage;volcanicactivity;epidemic;
oil spill or other water contamination requiring emergencyaction toavertdangerordamage;volcanicactivity;epidemic;airpollution;blight;
air pollution;
blight;
(b) (I) "DSASTER" ALSO MEANS THE OCCURRENCE OR IMMINENT -67- 1113 THREATOFTHEINABILITYTOSTRICTLYCOMPLYWITHPROVISIONSOFTHE "U NIFORM ELECTION CODE OF 1992",ARTICLES1 TO13 OFTITLE1,FROM ANY NATURAL CAUSE OR CAUSE OF HUMAN ORIGIN .
(b) (I) "DISASTER " ALSO MEANS THE OCCURRENCE OR IMMINENT THREAT OF THE INABILITY TO STRICTLY COMPLY WITH PROVISIONS OF THE "U NIFORM ELECTION C ODE OF 1992", ARTICLES 1TO 13OF TITLE 1, FROM ANY NATURAL CAUSE OR CAUSE OF HUMAN ORIGIN .
(II) TISSUBSECTION (3)(bISREPEALED ,EFFECTIVEJANUARY 31, 2031.
(II) THIS SUBSECTION (3)(b)IS REPEALED ,EFFECTIVE JANUARY 31, 2031.
Public inspection of ballots - stay period - recounts - rules governing public inspection of ballots - legislative declaration - definitions.
Publicinspectionofballots-stay period-recounts - rules governing public inspection of ballots - legislative declaration - definitions.
(II) Thedesignatedelectionofficial,orhisorherDESIGNATED ELECTIONOFFICIAL Sdesignee,shallcoverorredact,baseduponthemost practical means available, any markings or message on a ballot that may identifytheparticularelectorwhocasttheballotbeforetheballotmaybe made available for public inspection;EPT THAT ,ANY IDENTIFYING MARKINGS OR MESSAGES VOLUNTARILY MADE BY THE PARTICULAR ELECTOR WHO CAST THE BALLOT ARE NOT REQUIRED TO BE COVERED OR REDACTED PURSUANT TO THIS SUBSECTION (4)(b)(II);
(II) The designated election official, or his or herDESIGNATED ELECTION OFFICIAL 'S designee, shall cover or redact, based upon the most practical means available, any markings or message on a ballot that may identify the particular elector who cast the ballot before the ballot may be made available for public inspection;
SECTION 71.
EXCEPT THAT , ANY IDENTIFYING MARKINGSORMESSAGESVOLUNTARILYMADEBYTHEPARTICULARELECTOR WHO CAST THE BALLOT ARE NOT REQUIRED TO BE COVERED OR REDACTED PURSUANT TO THIS SUBSECTION (4)(b)(II);
InColoradoRevisedStatutes,30-1-103,add(1.5) as follows:
PAGE 52-HOUSE BILL 26-1113 SECTION 71.
In Colorado Revised Statutes, 30-1-103, add (1.5) as follows:
Feesofcounty clerkandrecorders-report-repeal.
Fees of county clerk and recorders - report - repeal.
(1.5) O ATHS OR AFFIRMATIONS FOR PUBLIC OFFICE FILED WITH COUNTY CLERK AND RECORDERS IN ACCORDANCE WITH SECTION 24-12-101 (3)ARE EXEMPT FROM ANY FEES UNDER THIS SECTION.
(1.5) O ATHS OR AFFIRMATIONS FOR PUBLIC OFFICE FILED WITH COUNTYCLERKANDRECORDERSINACCORDANCE WITHSECTION 24-12-101 (3)ARE EXEMPT FROM ANY FEES UNDER THIS SECTION .
Effectivedate.Thisacttakeseffectuponpassage;
Effective date.
-68- 1113 exceptthatsections1-7.5-107(3)(a)(I)and1-7.5-107(3)(a)(II),Colorado Revised Statutes, amended in sectionf this act, take effect July 1, 2026.
This act takes effect upon passage;
SECTION 73.
except that sections 1-7.5-107 (3)(a)(I) and 1-7.5-107 (3)(a)(II), Colorado RevisedStatutes,amendedinsection52ofthisact,takeeffectJuly1,2026.
Appropriation.
SECTION73.
(1) For the 2026-27 state fiscal year, $10,000 is appropriated the the department of state.
Appropriation.(1)Forthe2026-27statefiscalyear, $10,000 is appropriated to the department of state.
This appropriationisfromthedepartmentof statecashfundcreatedinsection 24-21-104 (3)(b), C.R.S.
This appropriation is fromthe department of state cash fund created in section 24-21-104 (3)(b), C.R.S.
To implement this act, the division of informationtechnologymayuse this appropriationforpersonalservices.
To implement this act, the division of information technology may use this appropriation for personal services.
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Action History

  1. Governor Signed

  2. Signed by the Speaker of the House

  3. Signed by the President of the Senate

  4. Sent to the Governor

  5. House Considered Senate Amendments - Result was to Concur - Repass

  6. House Considered Senate Amendments - Result was to Laid Over Daily

  7. Senate Third Reading Passed with Amendments - Floor

  8. Senate Second Reading Passed with Amendments - Committee, Floor

  9. Senate Second Reading Laid Over Daily - No Amendments

  10. Senate Committee on Appropriations Refer Amended to Senate Committee of the Whole

  11. Senate Committee on State, Veterans, & Military Affairs Refer Amended to Appropriations

  12. Introduced In Senate - Assigned to State, Veterans, & Military Affairs

  13. House Third Reading Passed - No Amendments

  14. House Second Reading Special Order - Passed with Amendments - Committee, Floor

  15. House Second Reading Laid Over Daily - No Amendments

  16. House Committee on State, Civic, Military, & Veterans Affairs Refer Amended to House Committee of the Whole

  17. Introduced In House - Assigned to State, Civic, Military, & Veterans Affairs

Sponsors

Sponsorship breakdown

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4 sponsors · 38 co-sponsors · 59 not signed on · 37 voted No

Sponsors (4)

Co-sponsors (38)

Not signed on (59)

59 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Votes

REPASS

Passed 42 Yea · 22 Nay · 1 Other
Party YeaNayPresentNot Voting
Democrat 40001
Republican 01900
Unaffiliated 2300
Total 422201
% of votes cast 65%34%0%2%
How each member voted (65)
Member Party Vote
Gonzalez R. — Nay
Stewart K. — Yea
Stewart R. — Yea
Winter T. — Nay
Garcia Sander — Nay
Alex Valdez Democrat Yea
Amy Paschal Democrat Yea
Andrew Boesenecker Democrat Yea
Bob Marshall Democrat Yea
Brianna Titone Democrat Yea
Cecelia Espenoza Democrat Yea
Chad Clifford Democrat Yea
Eliza Hamrick Democrat Yea
Elizabeth Velasco Democrat Yea
Emily Sirota Democrat Yea
Gretchen Rydin Democrat Yea
Jacque Phillips Democrat Yea
Jamie Jackson Democrat Yea
Javier Mabrey Democrat Yea
Jennifer Bacon Democrat Yea
Jenny Willford Democrat Yea
Julie McCluskie Democrat Yea
Junie Joseph Democrat Yea
Karen McCormick Democrat Yea
Kenny Nguyen Democrat Yea
Kyle Brown Democrat Yea
Lesley Smith Democrat Yea
Lindsay Gilchrist Democrat Yea
Lisa Feret Democrat Not Voting
Lorena Garcia Democrat Yea
Lori Goldstein Democrat Yea
Mandy Lindsay Democrat Yea
Manny Rutinel Democrat Yea
Matthew Martinez Democrat Yea
Meg Froelich Democrat Yea
Meghan Lukens Democrat Yea
Michael Carter Democrat Yea
Monica Duran Democrat Yea
Naquetta Ricks Democrat Yea
Regina English Democrat Yea
Sean Camacho Democrat Yea
Sheila Lieder Democrat Yea
Steven Woodrow Democrat Yea
Tammy Story Democrat Yea
Tisha Mauro Democrat Yea
Yara Zokaie Democrat Yea
Anthony Hartsook Republican Nay
Ava Flanell Republican Nay
Brandi Bradley Republican Nay
Carlos Barron Republican Nay
Chris Richardson Republican Nay
Dan Woog Republican Nay
Dusty Johnson Republican Nay
Jarvis Caldwell Republican Nay
Ken DeGraaf Republican Nay
Larry Don Suckla Republican Nay
Mary Bradfield Republican Nay
Matt Soper Republican Nay
Max Brooks Republican Nay
Rebecca Keltie Republican Nay
Rick Taggart Republican Nay
Ron Weinberg Republican Nay
Scott Bottoms Republican Nay
Scott Slaugh Republican Nay
Stephanie Luck Republican Nay

Official roll call →

CONCUR

Passed 42 Yea · 22 Nay · 1 Other
Party YeaNayPresentNot Voting
Democrat 40001
Republican 01900
Unaffiliated 2300
Total 422201
% of votes cast 65%34%0%2%
How each member voted (65)
Member Party Vote
Gonzalez R. — Nay
Stewart K. — Yea
Stewart R. — Yea
Winter T. — Nay
Garcia Sander — Nay
Alex Valdez Democrat Yea
Amy Paschal Democrat Yea
Andrew Boesenecker Democrat Yea
Bob Marshall Democrat Yea
Brianna Titone Democrat Yea
Cecelia Espenoza Democrat Yea
Chad Clifford Democrat Yea
Eliza Hamrick Democrat Yea
Elizabeth Velasco Democrat Yea
Emily Sirota Democrat Yea
Gretchen Rydin Democrat Yea
Jacque Phillips Democrat Yea
Jamie Jackson Democrat Yea
Javier Mabrey Democrat Yea
Jennifer Bacon Democrat Yea
Jenny Willford Democrat Yea
Julie McCluskie Democrat Yea
Junie Joseph Democrat Yea
Karen McCormick Democrat Yea
Kenny Nguyen Democrat Yea
Kyle Brown Democrat Yea
Lesley Smith Democrat Yea
Lindsay Gilchrist Democrat Yea
Lisa Feret Democrat Not Voting
Lorena Garcia Democrat Yea
Lori Goldstein Democrat Yea
Mandy Lindsay Democrat Yea
Manny Rutinel Democrat Yea
Matthew Martinez Democrat Yea
Meg Froelich Democrat Yea
Meghan Lukens Democrat Yea
Michael Carter Democrat Yea
Monica Duran Democrat Yea
Naquetta Ricks Democrat Yea
Regina English Democrat Yea
Sean Camacho Democrat Yea
Sheila Lieder Democrat Yea
Steven Woodrow Democrat Yea
Tammy Story Democrat Yea
Tisha Mauro Democrat Yea
Yara Zokaie Democrat Yea
Anthony Hartsook Republican Nay
Ava Flanell Republican Nay
Brandi Bradley Republican Nay
Carlos Barron Republican Nay
Chris Richardson Republican Nay
Dan Woog Republican Nay
Dusty Johnson Republican Nay
Jarvis Caldwell Republican Nay
Ken DeGraaf Republican Nay
Larry Don Suckla Republican Nay
Mary Bradfield Republican Nay
Matt Soper Republican Nay
Max Brooks Republican Nay
Rebecca Keltie Republican Nay
Rick Taggart Republican Nay
Ron Weinberg Republican Nay
Scott Bottoms Republican Nay
Scott Slaugh Republican Nay
Stephanie Luck Republican Nay

Official roll call →

BILL

Passed 41 Yea · 22 Nay · 2 Other
Party YeaNayPresentNot Voting
Democrat 39002
Republican 01900
Unaffiliated 2300
Total 412202
% of votes cast 63%34%0%3%
How each member voted (65)
Member Party Vote
Gonzalez R. — Nay
Stewart K. — Yea
Stewart R. — Yea
Winter T. — Nay
Garcia Sander — Nay
Alex Valdez Democrat Not Voting
Amy Paschal Democrat Yea
Andrew Boesenecker Democrat Yea
Bob Marshall Democrat Yea
Brianna Titone Democrat Yea
Cecelia Espenoza Democrat Yea
Chad Clifford Democrat Yea
Eliza Hamrick Democrat Yea
Elizabeth Velasco Democrat Yea
Emily Sirota Democrat Yea
Gretchen Rydin Democrat Yea
Jacque Phillips Democrat Yea
Jamie Jackson Democrat Yea
Javier Mabrey Democrat Yea
Jennifer Bacon Democrat Yea
Jenny Willford Democrat Yea
Julie McCluskie Democrat Yea
Junie Joseph Democrat Yea
Karen McCormick Democrat Yea
Kenny Nguyen Democrat Yea
Kyle Brown Democrat Yea
Lesley Smith Democrat Yea
Lindsay Gilchrist Democrat Yea
Lisa Feret Democrat Yea
Lorena Garcia Democrat Yea
Lori Goldstein Democrat Yea
Mandy Lindsay Democrat Yea
Manny Rutinel Democrat Yea
Matthew Martinez Democrat Yea
Meg Froelich Democrat Yea
Meghan Lukens Democrat Yea
Michael Carter Democrat Yea
Monica Duran Democrat Yea
Naquetta Ricks Democrat Not Voting
Regina English Democrat Yea
Sean Camacho Democrat Yea
Sheila Lieder Democrat Yea
Steven Woodrow Democrat Yea
Tammy Story Democrat Yea
Tisha Mauro Democrat Yea
Yara Zokaie Democrat Yea
Anthony Hartsook Republican Nay
Ava Flanell Republican Nay
Brandi Bradley Republican Nay
Carlos Barron Republican Nay
Chris Richardson Republican Nay
Dan Woog Republican Nay
Dusty Johnson Republican Nay
Jarvis Caldwell Republican Nay
Ken DeGraaf Republican Nay
Larry Don Suckla Republican Nay
Mary Bradfield Republican Nay
Matt Soper Republican Nay
Max Brooks Republican Nay
Rebecca Keltie Republican Nay
Rick Taggart Republican Nay
Ron Weinberg Republican Nay
Scott Bottoms Republican Nay
Scott Slaugh Republican Nay
Stephanie Luck Republican Nay

Official roll call →

AMD (H.001)

Failed 18 Yea · 40 Nay · 7 Other
Party YeaNayPresentNot Voting
Democrat 13802
Republican 14005
Unaffiliated 3200
Total 184007
% of votes cast 28%62%0%11%
How each member voted (65)
Member Party Vote
Gonzalez R. — Yea
Stewart K. — Nay
Stewart R. — Nay
Winter T. — Yea
Garcia Sander — Yea
Alex Valdez Democrat Not Voting
Amy Paschal Democrat Nay
Andrew Boesenecker Democrat Nay
Bob Marshall Democrat Nay
Brianna Titone Democrat Nay
Cecelia Espenoza Democrat Nay
Chad Clifford Democrat Nay
Eliza Hamrick Democrat Nay
Elizabeth Velasco Democrat Nay
Emily Sirota Democrat Nay
Gretchen Rydin Democrat Nay
Jacque Phillips Democrat Nay
Jamie Jackson Democrat Nay
Javier Mabrey Democrat Nay
Jennifer Bacon Democrat Nay
Jenny Willford Democrat Nay
Julie McCluskie Democrat Nay
Junie Joseph Democrat Nay
Karen McCormick Democrat Nay
Kenny Nguyen Democrat Nay
Kyle Brown Democrat Not Voting
Lesley Smith Democrat Nay
Lindsay Gilchrist Democrat Nay
Lisa Feret Democrat Yea
Lorena Garcia Democrat Nay
Lori Goldstein Democrat Nay
Mandy Lindsay Democrat Nay
Manny Rutinel Democrat Nay
Matthew Martinez Democrat Nay
Meg Froelich Democrat Nay
Meghan Lukens Democrat Nay
Michael Carter Democrat Nay
Monica Duran Democrat Nay
Naquetta Ricks Democrat Nay
Regina English Democrat Nay
Sean Camacho Democrat Nay
Sheila Lieder Democrat Nay
Steven Woodrow Democrat Nay
Tammy Story Democrat Nay
Tisha Mauro Democrat Nay
Yara Zokaie Democrat Nay
Anthony Hartsook Republican Yea
Ava Flanell Republican Yea
Brandi Bradley Republican Not Voting
Carlos Barron Republican Yea
Chris Richardson Republican Not Voting
Dan Woog Republican Yea
Dusty Johnson Republican Yea
Jarvis Caldwell Republican Yea
Ken DeGraaf Republican Yea
Larry Don Suckla Republican Yea
Mary Bradfield Republican Yea
Matt Soper Republican Yea
Max Brooks Republican Yea
Rebecca Keltie Republican Not Voting
Rick Taggart Republican Not Voting
Ron Weinberg Republican Not Voting
Scott Bottoms Republican Yea
Scott Slaugh Republican Yea
Stephanie Luck Republican Yea

Official roll call →

AMD (H.002)

Failed 8 Yea · 50 Nay · 7 Other
Party YeaNayPresentNot Voting
Democrat 03902
Republican 8605
Unaffiliated 0500
Total 85007
% of votes cast 12%77%0%11%
How each member voted (65)
Member Party Vote
Gonzalez R. — Nay
Stewart K. — Nay
Stewart R. — Nay
Winter T. — Nay
Garcia Sander — Nay
Alex Valdez Democrat Not Voting
Amy Paschal Democrat Nay
Andrew Boesenecker Democrat Nay
Bob Marshall Democrat Nay
Brianna Titone Democrat Nay
Cecelia Espenoza Democrat Nay
Chad Clifford Democrat Nay
Eliza Hamrick Democrat Nay
Elizabeth Velasco Democrat Nay
Emily Sirota Democrat Nay
Gretchen Rydin Democrat Nay
Jacque Phillips Democrat Nay
Jamie Jackson Democrat Nay
Javier Mabrey Democrat Nay
Jennifer Bacon Democrat Nay
Jenny Willford Democrat Nay
Julie McCluskie Democrat Nay
Junie Joseph Democrat Nay
Karen McCormick Democrat Nay
Kenny Nguyen Democrat Nay
Kyle Brown Democrat Not Voting
Lesley Smith Democrat Nay
Lindsay Gilchrist Democrat Nay
Lisa Feret Democrat Nay
Lorena Garcia Democrat Nay
Lori Goldstein Democrat Nay
Mandy Lindsay Democrat Nay
Manny Rutinel Democrat Nay
Matthew Martinez Democrat Nay
Meg Froelich Democrat Nay
Meghan Lukens Democrat Nay
Michael Carter Democrat Nay
Monica Duran Democrat Nay
Naquetta Ricks Democrat Nay
Regina English Democrat Nay
Sean Camacho Democrat Nay
Sheila Lieder Democrat Nay
Steven Woodrow Democrat Nay
Tammy Story Democrat Nay
Tisha Mauro Democrat Nay
Yara Zokaie Democrat Nay
Anthony Hartsook Republican Nay
Ava Flanell Republican Nay
Brandi Bradley Republican Not Voting
Carlos Barron Republican Nay
Chris Richardson Republican Not Voting
Dan Woog Republican Nay
Dusty Johnson Republican Nay
Jarvis Caldwell Republican Nay
Ken DeGraaf Republican Yea
Larry Don Suckla Republican Yea
Mary Bradfield Republican Yea
Matt Soper Republican Yea
Max Brooks Republican Yea
Rebecca Keltie Republican Not Voting
Rick Taggart Republican Not Voting
Ron Weinberg Republican Not Voting
Scott Bottoms Republican Yea
Scott Slaugh Republican Yea
Stephanie Luck Republican Yea

Official roll call →

Passed 9 Yea · 2 Nay
Party YeaNayPresentNot Voting
Republican 1200
Democrat 8000
Total 9200
% of votes cast 82%18%0%0%
How each member voted (11)
Member Party Vote
Cecelia Espenoza Democrat Yea
Chad Clifford Democrat Yea
Jenny Willford Democrat Yea
Kenny Nguyen Democrat Yea
Lisa Feret Democrat Yea
Meg Froelich Democrat Yea
Michael Carter Democrat Yea
Naquetta Ricks Democrat Yea
Brandi Bradley Republican Yea
Scott Bottoms Republican Nay
Stephanie Luck Republican Nay

Official roll call →

Passed 8 Yea · 3 Nay
Party YeaNayPresentNot Voting
Republican 0300
Democrat 8000
Total 8300
% of votes cast 73%27%0%0%
How each member voted (11)
Member Party Vote
Cecelia Espenoza Democrat Yea
Chad Clifford Democrat Yea
Jenny Willford Democrat Yea
Kenny Nguyen Democrat Yea
Lisa Feret Democrat Yea
Meg Froelich Democrat Yea
Michael Carter Democrat Yea
Naquetta Ricks Democrat Yea
Brandi Bradley Republican Nay
Scott Bottoms Republican Nay
Stephanie Luck Republican Nay

Official roll call →

Subjects

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Frequently asked questions

What does HB 1113 do?
The act modifies the 'Uniform Election Code of 1992' (code) as follows:Regarding elections generally, includes in the definition of 'identification' for purposes of the code a division of youth services identification card or written correspondence from a county sheriff to the county clerk indicating that an elector is confined in a county jail or detention facility; repeals the definition of 'political party district'; modifies the definition of 'video security surveillance recording' to include a system in which continuous recording is triggered when motion is detected; modifies the definition of 'watcher' to prohibit a person from being selected as a watcher if the person has been convicted of certain election offenses or of committing or conspiracy to commit certain federal offenses; if the governor declares a disaster emergency due to the inability to strictly comply with the code, allows the secretary of state (secretary) to adopt rules for the proper administration of an election and requires the governor to establish an election emergency advisory group to advise the secretary and the governor regarding emergency orders or rules necessary to ensure the proper administration of an election; allows the secretary to provide access to, rather than transmit a complete copy of, all pertinent, updated elections laws to each county clerk and recorder (clerk); and requires each clerk to set operational hours for the clerk's office;Regarding the qualification and registration of electors; specifies information that all institutions of higher education, rather than just state institutions of higher education, must provide to students via email or signs concerning voting, voter eligibility, and registration, and requires the secretary to adopt rules further specifying the form and content of the emails and signs; requires the clerk to make printed affidavit forms available to correct an error in the elector's affiliation recorded in the statewide database; requires the secretary to ensure preregistrants who are 17 years and 6 months old can access their voter registration information and update that information using the state's online voter registration system; requires the statewide voter registration system to support the integration and use of geographic information system data to improve the accuracy, consistency, and reliability of voter registration records; modifies the language concerning preregistration of high school students; specifies that the principal of a public high school or their designee who assists in preregistration and registration to vote are high school liaisons, rather than deputy registrars, and eliminates certain filing requirements for registration or preregistration to vote; modifies how a clerk verifies identifiers provided by an elector who registers to vote in another county or another state; prohibits a clerk from canceling the registration record of an elector with multiple registrations unless there is a match in the county's registration records and the statewide voter registration database with respect to certain identifiers of the elector; and makes the secretary, rather than the clerk, responsible for canceling certain registrations pursuant to existing law, while still allowing the secretary to request assistance from the clerks;Regarding presidential electors, specifies that if a presidential or vice-presidential candidate dies or withdraws as a candidate after accepting the nomination of a political party but prior to the meeting of presidential electors, an elector's vote for the presidential candidate or vice-presidential candidate refers to the successor candidate nominated by the political party and clarifies that such vote is not a vote for a false slate of presidential electors;Regarding congressional vacancy elections, modifies notice, preparation, and conduct of elections; requires elections to be concurrent with a primary or coordinated election if the vacancy occurs between 150 and 90 days of such election; requires elections to be conducted according to provisions for general elections; modifies candidate nomination deadlines; clarifies the manner of nomination for an unaffiliated candidate; and specifies the arrangement of names on the ballot;Regarding access to the ballot by candidates, specifies the offices for which a candidate must fully meet the qualifications of the office and expands factors the secretary may consider in determining the qualifications to hold office to include other objective, verifiable requirements such as age, birth place, term limits, and political affiliation; repeals the ability for certificates of designation by assembly to be transmitted to the secretary by fax; specifies deadlines by which major and minor political parties must fill vacancies in their party nominations and by which vacancies in unaffiliated designations or nominations must be filled prior to a primary election and a general election, and clarifies that failure to fill a vacancy in nomination by such deadline results in that vacancy nomination remaining unfilled for that election; eliminates requirement for electors to include their county when signing a petition to nominate a candidate; allows a congressional vacancy election to be presented on the same ballot used in a presidential primary election if the elections are held on the same day; modifies the timeline for nomination of minor political party candidates; and maintains the requirement that a person file a written acceptance of nomination but eliminates the specification that the acceptance be provided by mail, fax, or hand delivery;Regarding notice and preparation of elections, clarifies that a voter service and polling center (VSPC) that experiences a shortage of supplies, including ballots, shall not close and may be required to remain open longer on election day; requires that each drop box must accept mail ballots for the 22-day period, rather than the 15-day period, prior to the day of an election; reduces the required period that a VSPC on a campus with 10,000 or more students must be open from 15 days to 10 days before an election; specifies that, in addition to existing designation by sign requirements, a VSPC on the campus of an institution of higher education must be identified and described in signs conspicuously posted at the student center and in an email sent to all enrolled students; repeals the requirement that the secretary deliver the certification of the ballot order and content to the clerk by registered mail; repeals a provision for the arrangement of names on ballots to be established by lot; adds an additional trigger for the secretary to notify clerks of the requirement to provide minority language sample ballots and in-person minority language ballots based on the release of data collected pursuant to section 203 of the federal 'Voting Rights Act of 1965' by the federal government; repeals a provision regarding the adoption and payment for voting machines; and requires the clerk of any county with 1,000 or more active electors to adopt an electronic or electromechanical voting system for use in all elections conducted by the county under the code and requires the clerk to oversee the management of such voting systems subject to the rules of the secretary; Regarding election judges, changes the age eligibility requirements for a student election judge from 16 to 15 and expands the methods for notice and acceptance of an election judge appointment;Regarding the conduct of elections, repeals the requirement that an election judge proclaim the polls are open or will be closed in 30 minutes on election day; modifies the 2-hour period that eligible electors are entitled to be absent from work to vote from only on election day to any day when VSPCs are open and specifies that an employer may deny this leave if the elector has 3 or more consecutive hours off the job while the polls are open; allows an elector to take printed or written materials of their choice into a VSPC as a resource for voting; creates new reporting requirements for counties with one or more VSPCs experiencing a wait time in excess of one hour, which wait time must be measured and recorded in accordance with rules adopted by the secretary and creates a requirement for a reporting county to include certain additional information in its next proposed election plan; repeals and reenacts, with changes, the required method of counting paper ballots by hand, requiring a team of 4 judges, audible reading of each ballot, and 2 separate accountings to be kept and compared and regular intervals, in accordance with any rules adopted by the secretary; recognizes that, in addition to a software or hardware malfunction, other significant issues may make counting ballots with electronic vote-tabulating equipment impracticable; and prohibits a designated election official from transferring custody or control of election records to a third party unless the transfer is authorized or required by the secretary of a court of competent jurisdiction;Regarding mail ballot elections, modifies the timeline for submission and approval of proposed election plans; allows the secretary to request modification of an election plan; requires the secretary to release no later than August 1 for each clerk's submitted election plan, specified information for each VSPC and each ballot drop-off location in the county for that election; modifies mail ballot delivery times; changes the enrolled-student threshold at an institution of higher education from 2,000 to 1,000 for purposes of requiring a drop box on campus and requires a drop box on the campus of private institutions of higher education in addition to state institutions; requires a clerk who fails to send a signature verification form within the 2-day deadline to send the signature verification by overnight mail or hand delivery; and requires a minimum number of hours for in-person voting at a county jail or detention center based on the number of beds available;Regarding challenges to registration, repeals and reenacts, with amendments, the process for a registered elector to protest the registration of another person, requires a $50 fee for each protest that is refunded if the protest is successful, and specifies the reasons that a protest may challenge a person's registration as incorrect;Regarding vacancies in office, in the case of a vacancy in the office of United States senator, requires the governor to appoint a person who is a member of the same political party as the former United States senator to fill a vacancy in that office; clarifies that a person appointed to fill a vacancy in a county office other than county commissioner serves only until the next general election, at which time the remainder of the vacant term, if any, is filled by election; and specifies that a county commissioner or general assembly vacancy may be filled at the next coordinated or general election; andRegarding election offenses, clarifies the offense of voter interference occurs when a person interferes with a voter within 100 feet of any building in which a polling or drop-off location is located or within 100 feet of a drop box; specifies that the offense of voter intimidation applies to any elector who is delivering up to 10 mail ballots to a drop box or drop-off-location; clarifies that the exemption for peace officers from the law prohibiting a person from carrying a firearm at a polling location does not apply if the firearm is used to intimidate electors; clarifies that offenses involving a false slate of presidential electors extends to lists of electors voting and votes for candidates for president and vice president of the United States, or their successors; and modifies enforcement and relief provisions in the case of a suit for election-related intimidation.     In addition, the act:Modifies the law regarding initiatives and referendums to eliminate the requirement for an elector to include their county of residence as part of their signature on an initiative or referendum petition; extends the secretary's period for examination and validation of signatures on a petition from 30 to 60 days; and extends the secretary's period to issue a statement as to whether a petition has sufficient valid signatures from 30 to 60 days after the petition was filed; Modifies the definition of 'disaster' for the purpose of the 'Colorado Disaster Emergency Act' to include the occurrence or imminent threat of the inability to strictly comply with the code due to any natural cause or cause of human origin;Amends the 'Colorado Open Records Act' to specify that a designated election official is not required to cover or redact from a ballot any markings or messages voluntarily made by an elector; andSpecifies that oaths or affirmations for public office filed with the clerk are exempt from certain fees imposed by law.     The act takes effect upon passage, except that the provisions regarding the time frame for mailing a mail ballot packet take effect July 1, 2026.     For the 2026-27 state fiscal year, the act appropriates $10,000 from the department of state cash fund to the department of state for the implementation of the act.(Note: This summary applies to this bill as enacted.)
Who sponsors HB 1113?
HB 1113 is sponsored by Adrienne Benavidez, Emily Sirota (Democrat), Jenny Willford (Democrat), Jennifer Bacon (Democrat), Andrew Boesenecker (Democrat), Kyle Brown (Democrat), Sean Camacho (Democrat), Monica Duran (Democrat), Meg Froelich (Democrat), Lori Goldstein (Democrat), Eliza Hamrick (Democrat), Jamie Jackson (Democrat), Junie Joseph (Democrat), Mandy Lindsay (Democrat), Meghan Lukens (Democrat), T. Sullivan, M. Snyder, J. Marchman, C. Kipp, I. Jodeh, J. Gonzales, T. Exum, J. Danielson, J. Coleman, L. García, M. Weissman, K. Wallace, Javier Mabrey (Democrat), Matthew Martinez (Democrat), Julie McCluskie (Democrat), Karen McCormick (Democrat), Amy Paschal (Democrat), Jacque Phillips (Democrat), Naquetta Ricks (Democrat), Manny Rutinel (Democrat), Rebekah Stewart (Democrat), Brianna Titone (Democrat), Elizabeth Velasco (Democrat), Steven Woodrow (Democrat), Yara Zokaie (Democrat), Kenny Nguyen (Democrat), and Tammy Story (Democrat).
What is the current status of HB 1113?
This bill has been enacted into law. Introduced February 03, 2026. Enacted.
Where can I track HB 1113?
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