Nonresident Electors And Special Districts
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HB 19-1108 — Nonresident Electors And Special Districts
Last action — Senate Committee on State, Veterans, & Military Affairs Postpone Indefinitely
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed House
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Died in session
This bill died with 2019 Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Summary
Section 1 of the bill expands the definition of "eligible elector", as used in reference of persons voting in special district elections, to include a natural person who owns, or whose spouse or civil union partner owns, taxable real or personal property situated within the boundaries of the special district or the area to be included in the special district and who has satisfied all other requirements in the bill for registering to vote in an election of a special district but who is not a resident of the state. Section 2 prohibits a person from voting in a special district election unless that person is an eligible elector as defined by the bill. The section also requires any natural person desiring to vote at any election as an eligible elector to sign a self-affirmation that the person is an elector of the special district. The bill specifies the form the affirmation must take. Section 3 specifies procedures by which the eligible elector who is an eligible elector in another state becomes registered to be able to vote in the special district election. This section also contains an affirmation to be executed by the voter upon completing his or her application for registration. The oath or affirmation must be notarized by the elector. Section 3 also permits any special district organized under the laws of the state, upon passage of a resolution by the board of the district (board), to allow an elector whose eligibility has been established through the procedures specified in the bill to vote for candidates for the board of directors of the special district. The bill makes clear that no person who is designated as an eligible elector is permitted to cast a ballot at any special district election without first having been registered within the time and in the manner required by the bill. The bill only applies to a special district whose: Board, by resolution, permits an eligible elector who is not a resident of the state to vote in elections of the special district; and Regular special district election is not conducted as part of a general, primary, or coordinated election. A county clerk and recorder is not required to either contract with a special district that permits the registration of noneligible resident electors in connection with the provision of any services or to administer any regular special district election conducted by the special district. A person who is designated as an eligible elector in accordance with the bill is only permitted to vote in an election of the special district with which the person has registered and for a candidate for the board of directors of the special district who is listed on the ballot of the special district with which the elector is registered. A person who is designated as an eligible elector in accordance with the bill is only permitted to vote for candidates for the board and is not authorized to vote for any other candidates or ballot issues or ballot questions that may appear on the regular ballot of the special district. The bill describes procedures by which an eligible elector who is a resident of another state registers to vote with the special district. The form used to register an eligible elector under the bill must contain a question asking the elector to confirm that he or she desires to receive a ballot from the special district. Unless the elector has executed the form to indicate that he or she desires to receive a ballot from the special district, the designated election official is not required to send a ballot to the elector. The special district is solely responsible for maintaining the list of nonresident owners of property within the special district who are eligible to vote in an election of the special district. Section 4 contains procedures for verifying the signature of a ballot returned by a nonresident eligible elector with the signature of the elector on the notarized registration form required by the bill. Section 5 authorizes each special district board to select, in an exercise of its own discretion and by majority vote of the board's voting members, one or more additional board members, each of whom shall serve as a nonvoting member of the board. A member of the board appointed for this purpose must be a person who is a nonresident of the state but is otherwise eligible to cast a ballot in elections of the special district in accordance with the bill. A board with 3 members may appoint no more than one nonvoting member of the board. A board with 5 members may appoint no more than 2 nonvoting members of the board. The term of such board members is 4 years subject to renewal of one or more additional 4-year terms in the discretion of a majority of the voting members of the board. Any board member appointed for this purpose may be removed for cause at any time by a majority of the voting members of the board.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Read More
Bill Text
What changed in the latest version
14 added · 19 removedPlain-language change summary
The updated version of the bill clarifies that a county clerk and recorder is not required to contract with a special district for the registration of nonresident voters. The language regarding the registration process, specifically about the requirement for electors to sign their names or mark their registration, has been removed. This change focuses on simplifying the obligations of county clerks and may affect how nonresident voter registration is handled within special districts.
First Regular Session Seventy-second General Assembly STATE OF COLORADO REENGROSSEDENGROSSED This Version Includes All Amendments Adopted on Second Reading in the House of Introduction LLS NO.
19-0516.01 Bob Lackner x4350 HOUSE BILL 19-1108 HOUSE SPONSORSHIP Liston and Hooton, Catlin, Coleman, McKean, Rich, Singer, Wilson SENATE SPONSORSHIP Tate, Ginal House Committees Senate Committees State, Veterans, & Military Affairs A BILL FOR AN ACT C ONCERNING MEASURES TO EXPAND THE ABILITY OF NONRESIDENT ELECTORS TO PARTICIPATE IN THE GOVERNANCE OF SPECIAL DISTRICTS , AND , IN CONNECTION THEREWITH , ALLOWING NONRESIDENTELECTORSWHOOWNTAXABLEPROPERTYWITHIN THESPECIALDISTRICTTOVOTEINSPECIALDISTRICTELECTIONS e ANDALLOWINGSUCHELECTORSTOSERVEONSPECIALDISTRICT n 1 m 2 BOARDS IN A NONVOTING CAPACITY .
E n 9 U U 1 O i a Bill Summary H a r R e r F (Note:
This summary applies to this bill as introduced and does 3 notreflectanyamendmentsthatmaybesubsequentlyadopted.Ifthisbill passes third reading in the house of introduction, a bill summary that g 9 applies to the reengrossed version of this bill will be available at i 10 http://leg.colorado.gov.) a 2, ES eR 51 U d y O 2n ar Shading denotes HOUSE amendment.
H d r Capital letters or bold & italic numbers indicate new material to be added to existing statude.edtatute. Dashes through the words indicate deletions from existing statute.
eDashes Fthrough A Section1ofthebillexpandsthedefinitionof"eligibleelector",as usedinreferenceofpersonsvotinginspecialdistrictelections,toinclude a natural person who owns, or whose spouse or civil union partner owns, taxable real or personal property situated within the boundarieswords ofindicate thedeletions specialfrom districtexisting orstatute. the area to be included in the special district and who has satisfied all other requirements in the bill for registering to vote in an election of a special district but who is not a resident of the state.
e F m A Section1ofthebillexpandsthedefinitionof"eligibleelector",as usedinreferenceofpersonsvotinginspecialdistrictelections,toinclude a natural person who owns, or whose spouse or civil union partner owns, taxable real or personal property situated within the boundaries of the special district or the area to be included in the special district and who has satisfied all other requirements in the bill for registering to vote in an election of a special district but who is not a resident of the state.
View plain text versions (4)
- Engrossed Engrossed (02/15/2019) pdf
- Engrossed Reengrossed (02/19/2019) Current pdf
- PA1 (02/04/2019) View text pdf
- Introduced Introduced (01/14/2019) pdf
Amendments
1 amendmentClick Show changes on an amendment above to see how it modifies the bill.
Action History
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Senate Committee on State, Veterans, & Military Affairs Postpone Indefinitely
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Introduced In Senate - Assigned to State, Veterans, & Military Affairs
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House Third Reading Passed - No Amendments
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House Second Reading Passed with Amendments - Committee, Floor
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House Second Reading Laid Over Daily - No Amendments
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House Second Reading Laid Over to 02/14/2019 - No Amendments
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House Second Reading Laid Over to 02/11/2019 - No Amendments
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House Second Reading Laid Over Daily - No Amendments
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House Committee on State, Veterans, & Military Affairs Refer Amended to House Committee of the Whole
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Introduced In House - Assigned to State, Veterans, & Military Affairs
Sponsors
- Larry Liston · Primary
- Edie Hooton · Primary
- Jack Tate · Primary
Sponsorship breakdown
Export CSV (upgrade) →3 sponsors · 0 co-sponsors · 99 not signed on · 16 voted No
Sponsors (3)
- Larry Liston Republican
- Edie Hooton
- Jack Tate
Co-sponsors (0)
None.
Not signed on (99)
99 members have not signed on to this bill.
Show all 99 →"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.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 26 | 17 | 0 | 0 |
| Republican | 5 | 0 | 0 | 1 |
| Democrat | 3 | 11 | 0 | 1 |
| Total | 34 | 28 | 0 | 2 |
| % of votes cast | 53% | 44% | 0% | 3% |
How each member voted (64)
| Member | Party | Vote |
|---|---|---|
| Arndt | — | Yea |
| Beckman | — | Yea |
| Buck | — | Yea |
| Carver | — | Yea |
| Esgar | — | Nay |
| Garnett | — | Nay |
| Gray | — | Nay |
| Hansen | — | Yea |
| Herod | — | Nay |
| Hooton | — | Yea |
| Humphrey | — | Yea |
| Kraft-Tharp | — | Yea |
| Landgraf | — | Yea |
| Lontine | — | Nay |
| McKean | — | Yea |
| Melton | — | Yea |
| Ransom | — | Yea |
| Saine | — | Yea |
| Sandridge | — | Yea |
| Singer | — | Yea |
| Bird | — | Yea |
| Bockenfeld | — | Nay |
| Buckner | — | Nay |
| Buentello | — | Yea |
| Caraveo | — | Nay |
| Galindo | — | Yea |
| Geitner | — | Yea |
| Gonzales-Gutierrez | — | Nay |
| Larson | — | Yea |
| McLachlan | — | Nay |
| Neville | — | Yea |
| Pelton | — | Yea |
| Tipper | — | Nay |
| Valdez A. | — | Nay |
| Becker | — | Yea |
| Adrienne Benavidez | — | Nay |
| Jaquez Lewis | — | Yea |
| Jaquez Lewis | — | Nay |
| Michaelson Jenet | — | Yea |
| Valdez D. | — | Nay |
| Van Winkle | — | Nay |
| Williams D. | — | Yea |
| deGruy Kennedy | — | Nay |
| Brianna Titone | Democrat | Nay |
| Cathy Kipp | Democrat | Yea |
| Dylan Roberts | Democrat | Nay |
| Emily Sirota | Democrat | Nay |
| James Coleman | Democrat | Yea |
| Jamie Jackson | Democrat | Nay |
| Julie McCluskie | Democrat | Nay |
| Kyle Mullica | Democrat | Nay |
| Lisa Cutter | Democrat | Yea |
| Marc Snyder | Democrat | Nay |
| Meg Froelich | Democrat | Nay |
| Mike Weissman | Democrat | Nay |
| Monica Duran | Democrat | Nay |
| Tom Sullivan | Democrat | Nay |
| Tony Exum | Democrat | Not Voting |
| Janice Rich | Republican | Yea |
| Larry Liston | Republican | Yea |
| Lynda Zamora Wilson | Republican | Yea |
| Marc Catlin | Republican | Yea |
| Mark Baisley | Republican | Yea |
| Matt Soper | Republican | Not Voting |
Subjects
Frequently asked questions
- What does HB 19-1108 do?
- Section 1 of the bill expands the definition of "eligible elector", as used in reference of persons voting in special district elections, to include a natural person who owns, or whose spouse or civil union partner owns, taxable real or personal property situated within the boundaries of the special district or the area to be included in the special district and who has satisfied all other requirements in the bill for registering to vote in an election of a special district but who is not a resident of the state. Section 2 prohibits a person from voting in a special district election unless that person is an eligible elector as defined by the bill. The section also requires any natural person desiring to vote at any election as an eligible elector to sign a self-affirmation that the person is an elector of the special district. The bill specifies the form the affirmation must take. Section 3 specifies procedures by which the eligible elector who is an eligible elector in another state becomes registered to be able to vote in the special district election. This section also contains an affirmation to be executed by the voter upon completing his or her application for registration. The oath or affirmation must be notarized by the elector. Section 3 also permits any special district organized under the laws of the state, upon passage of a resolution by the board of the district (board), to allow an elector whose eligibility has been established through the procedures specified in the bill to vote for candidates for the board of directors of the special district. The bill makes clear that no person who is designated as an eligible elector is permitted to cast a ballot at any special district election without first having been registered within the time and in the manner required by the bill. The bill only applies to a special district whose: Board, by resolution, permits an eligible elector who is not a resident of the state to vote in elections of the special district; and Regular special district election is not conducted as part of a general, primary, or coordinated election. A county clerk and recorder is not required to either contract with a special district that permits the registration of noneligible resident electors in connection with the provision of any services or to administer any regular special district election conducted by the special district. A person who is designated as an eligible elector in accordance with the bill is only permitted to vote in an election of the special district with which the person has registered and for a candidate for the board of directors of the special district who is listed on the ballot of the special district with which the elector is registered. A person who is designated as an eligible elector in accordance with the bill is only permitted to vote for candidates for the board and is not authorized to vote for any other candidates or ballot issues or ballot questions that may appear on the regular ballot of the special district. The bill describes procedures by which an eligible elector who is a resident of another state registers to vote with the special district. The form used to register an eligible elector under the bill must contain a question asking the elector to confirm that he or she desires to receive a ballot from the special district. Unless the elector has executed the form to indicate that he or she desires to receive a ballot from the special district, the designated election official is not required to send a ballot to the elector. The special district is solely responsible for maintaining the list of nonresident owners of property within the special district who are eligible to vote in an election of the special district. Section 4 contains procedures for verifying the signature of a ballot returned by a nonresident eligible elector with the signature of the elector on the notarized registration form required by the bill. Section 5 authorizes each special district board to select, in an exercise of its own discretion and by majority vote of the board's voting members, one or more additional board members, each of whom shall serve as a nonvoting member of the board. A member of the board appointed for this purpose must be a person who is a nonresident of the state but is otherwise eligible to cast a ballot in elections of the special district in accordance with the bill. A board with 3 members may appoint no more than one nonvoting member of the board. A board with 5 members may appoint no more than 2 nonvoting members of the board. The term of such board members is 4 years subject to renewal of one or more additional 4-year terms in the discretion of a majority of the voting members of the board. Any board member appointed for this purpose may be removed for cause at any time by a majority of the voting members of the board.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Read More
- Who sponsors HB 19-1108?
- HB 19-1108 is sponsored by Larry Liston (Republican), Edie Hooton, and Jack Tate.
- What is the current status of HB 19-1108?
- This bill died with 2019 Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track HB 19-1108?
- Track HB 19-1108 free on One Click Politics — get push/email alerts when it moves.
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