16-year-olds Voting In School District Elections
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HB 20-1149 — 16-year-olds Voting In School District Elections
Last action — House Committee on Appropriations Lay Over Unamended - Amendment(s) Failed
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✓Introduced
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✓In Committee
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Died in session
This bill died with 2020 Regular Session. It reached “In Committee” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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
The bill allows a person who is preregistered to vote in school district elections beginning at 16 years of age. A school district election is defined as an election to recall a school district officer or an election called under title 22, Colorado Revised Statutes, including elections for: The state board of education; School district officers; Referred measures to impose or increase mill levies or to raise and expend property taxes; Referred measures relating to the organization of or plan of representation for school districts; and Referred measures related to the financial obligations and indebtedness of school districts. When a person preregisters, they must receive information concerning their eligibility to vote in school district elections and how to update their preregistration information and obtain and cast a ballot. The bill repeals the requirement that the voter information of preregistrants be kept confidential. A preregistrant is automatically registered to vote in all elections upon turning age 18. Individuals committed to juvenile detention facilities must be given information about their right to preregister and vote in school district elections. A preregistrant can circulate and sign petitions to nominate or recall a school district officer or to initiate an election under title 22, Colorado Revised Statutes. A preregistrant cannot run for office or be appointed to fill a vacancy. If a juvenile is charged with an election offense and no other crime is charged, the juvenile court is prohibited from transferring the charge to a district court. For any election in which preregistrants are eligible to vote and in which the county clerk and recorder has responsibilities for the election, the state is required to reimburse the county for the direct costs associated with ballots sent to preregistrants. The school district's share of the costs of the election in a cost-sharing agreement must be reduced by the amount of the state's reimbursement. (Note: This summary applies to this bill as introduced.)
Bill Text
What changed in the latest version
724 added · 665 removedPlain-language change summary
The amendment adds a new question to the voter registration process that asks individuals if they or anyone in their household is enrolled in the Address Confidentiality Program. If an individual answers "yes," they must be prevented from continuing the registration process. This change affects how certain individuals, particularly those in protective situations, engage with the voter registration system.
Second Regular Session Seventy-second General Assembly STATE OF COLORADO INTRODUCEDPREAMENDED This Unofficial Version Includes Committee Amendments Not Yet Adopted on Second Reading LLS NO.
20-0770.01 Megan Waples x4348 HOUSE BILL 20-1149 HOUSE SPONSORSHIP Gonzales-Gutierrez,SingerGonzales-Gutierrez, Singer SENATE SPONSORSHIP Moreno, House Committees Senate Committees State, Veterans, & Military Affairs Appropriations A BILL FOR AN ACT CONCERNING PARTICIPATION IN SCHOOL DISTRICT ELECTIONS BY INDIVIDUALS AT LEAST SIXTEEN YEARS OF AGE .
-2- HB20-11491149 (31.3) "PREREGISTRANT" MEANSAPERSONWHOISPREREGISTERED IN ACCORDANCE WITH SECTION 1-2-101 (2).
N OTWITHSTANDING ANY OTHER PROVISION OF LAW ,EVERY PERSON IS DEEMED TO BE OF FULL AGE AT THE AGE OF SIXTEEN YEARS OF AGE OR OLDERFORTHESPECIFICPURPOSESOFPREREGISTERING ,VOTING SERVING AS A STUDENT ELECTION JUDGE,SIGNING AN AFFIDAVIT,OR COMPLETING ANY OTHER ACT AUTHORIZED OR REQUIRED BY THIS CODE WITHOUT THE -3- HB20-11491149 CONSENT OR PARTICIPATION OF A PARENT OR GUARDIAN.
In Colorado Revised Statutes, 1-2-202.5, amend (3)(a)(I)(3)(a)(I); as follows:
and add (3)(a)(III) as follows:
(a) (I) The questions "Are you a citizen of the United States of America?", "Are you at least sixteen years of age?", "Do you understand that you must be at leastEEN YEARS OF AGE TO BE ELIGIBLE TO VOTE IN A SCHOOL DISTRICT ELECTION, AT LEAST seventeen years old and turning eighteen years old on or before the date of the next general election to be eligible to vote in a primary election, and at least eighteen -4- HB20-11491149 years old to be eligible to vote in anyotherelection?","Haveyou resided in Colorado for at least twenty-two days immediately prior to the election?", "Do you reside in the precinct in which you intend to register?", "Is the address you have listed your sole legal place of residence for purposes of voting?", and "Do you affirm that you will not cast more than one ballot in any election?" and places for the elector to input answers to the questions.
(III) THE QUESTION "TO YOUR KNOWLEDGE , ARE YOU OR IS ANYONE IN YOUR HOUSEHOLD ENROLLED IN THE ADDRESS C ONFIDENTIALITYPROGRAM ?".F A PERSON ANSWERS "YES"TO THIS QUESTION ,THE PERSON MUST BE PREVENTED FROM CONTINUING THE REGISTRATION PROCESS.
and I understand that I must beEASTbeT SIXTEEN YEARS OLD TO VOTE IN A SCHOOL DISTRICT ELECTION,ELECT, at least seventeen and turning eighteen on or before the date of the next general election to be eligible to vote in a primary election, and at least eighteen to be eligible to vote inanyotherelection.IfurtheraffirmthattheresidenceaddressIprovided is mysole legal place of residence.
and that I have not, nor will I, cast more than -5- 1149 one ballot in any election.".
Registration of and votingby personsincustody of divisionofyouthservices-definitions.(1) Inthecaseofanyindividual -5- HB20-1149 committedtoajuvenilefacilityandinthecustodyofthedivisionofyouth servicesinthedepartmentof humanservicescreatedinsection19-2-203 (1) who is eighteenIXTEENyearseighteenXTEEN years of age or older on the date of the next election, the administrator of the facility in which the individual is committedshallfacilitatetheregistrationREREGISTRATIONcommittedshallfacilitatetheregistrationEREGISTRATION forvoting purposes of, and voting by, the individual.
In connection with this requirement, the administrator shall provide the individual information regarding his or her voting rightsandrights and how the individualindividualmayregister mayregister PREREGISTER to vote and cast a mail balINCLUDINGballINCLUDING INFORMATION ABOUT THE RIGHT TO VOTE IN A SCHOOL DISTRICT ELECTION AS A PREREGISTRANT ;;providetheindividualwithvoterinformation materials upontherequestof theindividual;andensurethat anymail ballotcastby the individual is timely delivered to the designated election official.
providetheindividualwithvoterinformationmaterials(2) upontherequestofTheadministrator theindividual;andensurethatanymailand ballotthe castbysecretaryof state shallpostthetype or kind of verification satisfying the individualrequirements isof timelysection delivered1-1-104 to(19.5)(d) in a prominent place on the designatedpublic electionwebsites official.maintained by the department of human services and the secretary, respectively.
(2) The administratorsecretaryshall andprovide thesecretaryofnotice stateshallposttheto typethecountyclerkandrecordersaswell oras kindother ofdesignated verificationelection satisfyingofficials throughout the requirementsstate ofthat sectionsuch verificationconstitutesanacceptableformofidentificationundersection 1-1-104 (19.5)(d)(19.5) inpermitting a prominent place on the publicindividuals websitespossessing maintainedsuch byidentification theto departmentregister ofPREREGISTER humanto servicesvote and thecast secretary,a respectively.ballot.
-6- 1149 (4) The secretaryshallprovidenoticetothecountyclerkadministrator andshall recordersforward asapplications wellmade asunder otherthis designatedsectiononaweeklybasis,oronadailybasisduringthelastweekallowed electionfor officialsregistrationPREREGISTRATION throughoutprior to any election, to the statecounty thatclerkandrecorderofthecountyinwhichthefacilityislocated,and,ifthe suchapplicant verificationconstitutesanacceptableformofidentificationundersectionresides 1-1-104in (19.5)a permittingdifferent county from the individualsfacility, possessingthe suchapplication identificationmust tothen registerRbe PREREGISTERforwarded to votethe countyclerk and castrecorder aof ballot.the countyin which the applicant resides.
(4) The administrator shall forward applications made under this sectiononaweeklybasis,oronadailybasisduringthelastweekallowed for registration PREREGISTRATION prior to any election, to the county clerkandrecorderofthecountyinwhichthefacilityislocated,and,ifthe applicant resides in a different county from the facility, the application -6- HB20-1149 must then be forwarded to the countyclerk and recorder of the countyin which the applicant resides.
(E) FORAPERSONPREREGISTERINGINACCORDANCEWITHSECTIONFRAPERSONPREREGISTERINGINACCORDANCEWITHSECTION 1-2-101(2),THE NOTICE REQUIRED BY SECTION 1-2-101 (2)(e).
(II) Upon an administrator's written request to the legislative council staff or a county clerk and recorder for copies of the documents specified in sub-subparagraph (C) or (D) of subparagraph (I) of this paragraph (bSUBSECTION(b)UBSECTION (5)(b)(I)(COR (5)(b)(I)(DOFTHIS SECTION , the legislative council staff or county clerk and recorder, as applicable, shall timely provide copies of the documents to the administrator in a sufficient number to cover the number of individuals who are authorized toregisterRPREREGISTER andvoteunderthissectionandwhoareeither residing in the administrator's facility or under the supervision of the administrator's program.
Transfer of new voter registration records from -7- 1149 department of revenue.
(b) If the record is for a person eligible to preregister under section1-2-101(2),noticethatthepersonhasbeenpreregisteredandwill -7- HB20-1149 be automatically registered upon turning eighteen years oWHICH,of age, MUST INCLUDE THE INFORMATION REQUIRED BY SECTION 1-2-101 (2)(e), and a postage paid preaddressed return form by which the person may:
Except as provided in paragraph (b) of this subsection (1)CTION (1)(b)OF(1)(bOF THIS SECTION,SECTIO, the oaths or affirmations, applications for affidavit registration, federal postcard applications, applications for change of residence or change of name, and other papers provided for by this part 2 shall be preserved by the county clerk and recorder and shall not be destroyed until after the nextgeneralelection.Suchregistrationrecords,LUDINGTHERECORDSnextgeneralelection.uchE OFAPREREGISTRANTXCEPTASPROVIDEDINSECTION ,whetherpaperordigital,arepublicrecordssubject24-30-2108 to(3)AND examination24-72-204(3.5),registrationrecoINCLUDINGTHERECORDSOF byAPREREGISTRANT any, person,whether paper or digital, are public records subject to examination byanyperson, and such person has the right to make copies of the records during office hours.
(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 -8- 1149 (3.5).
-8- HB20-1149 SECTION 10.
(1) ON AND AFTER ANUARY 1, 2021,A PERSON WHO IS PREREGISTERING IN ACCORDANCE WITH SECTION 1-2-101 (2SHALL(2)SHALL BE GIVENNOTICETHATTHEVOTERINFORMATIONTHEPERSONPROVIDESWILL NOT BE CONFIDENTIAL ON AND AFTERJULY1,AFTER JULY 1, 2021.
(2) B EGINNING ANUARYJANUARY 1, 2021,EACH COUNTY CLERK AND RECORDER AND THE SECRETARY OF STATE SHALL MAKE REASONABLE EFFORTS TO INFORM PREREGISTRANTS THAT THEIR VOTER INFORMATION WILL NOT BE CONFIDENTIAL ON AND AFTERJULYAFTER JULY 1, 2021AND2021,AND EXPLAIN HOW THEY MAY BECOME A CONFIDENTIAL VOTER IN ACCORDANCE WITH SECTION 24-72-204 (3.5IF(3.5)IF THEY QUALIF.
(3) THIS SECTION IS REPEAL,EFFECTIVEJANUARYREPEALE,EFFECTIVEJANUARY 1, 2022.
SECTION11.SECTION 11.
InColoradoRevisedStatutes,1-2-402,add(4)as follows:
1-2-402.
Registration and preregistration at high schools - rules.
(4) AUBLIC HIGH SCHOOL SHALL ALLOW A VOTER REGISTRATION DRIVE ORGANIZEDINACCORDANCE WITH PART 7OFTHIS ARTICLE2TOBE CONDUCTED ON SCHOOL GROUNDS UPON REQUEST FROM A VOTER REGISTRATION DRIVE ORGANIZER , SUBJECT TO SUCH REASONABLE RESTRICTIONS AS ARE NECESSARY TO AVOID DISRUPTION TO THE SCHOOL ENVIRONMENT .
THE SECRETARY OF STATE MAY PROMULGATE RULES CONCERNING THE CONDUCT OF VOTER REGISTRATION DRIVES ON SCHOOL GROUNDS .
SECTION12.
-9- HB20-1149 1-2-403.
(1) The county clerk and recorder shall train and supervise the high school deputy registrars, and, after training is completed, shall administer the oath of officeto the high schooldeputyregistrars.TTRAININGREQUIREDBYTHISSUBSECTION-9- 1149 schooldeputyregistrarsHETRAININGREQUIREDBYTHISSUBSECTION (1) MUST INCLUDE INFORMATION ON HOW A PARTICIPANT IN THE ADDRESS CONFIDENTIALITYPROGRAMCREATEDINPART 21OFARTICLE 30OFTITLE 24 CAN REGISTER TO VOTE AND UPDATE THEIR REGISTRATION WITH THE COUNTY S DESIGNATED ADDRESS CONFIDENTIALITY PROGRAM ELECTION STAFF,AND ON ELECTION OFFENSES,INCLUDING VOTER INTIMIDATION.INTIMIDATIO.
SECTION 13.12.
(B) The question "WillRE you be eighteeAT LEAST SIXTEEN years of age, on or before electiANDelection DOday YOU UNDERSTAND THAT YOU MUST BE AT LEAST SIXTEEN YEARS OF AGE TO BE ELIGIBLE TO VOTE INSCHOOLDISTRICTELECTIONS ,ATLEASTSEVENTEENYEARSOFAGEAND TURNING EIGHTEEN ON OR BEFORE THE DATE OF THE NEXT GENERAL ELECTIONTOBEELIGIBLETOVOTEINAPRIMARYELECTION ,ANDATLEAST EIGHTEEN YEARS OF AGE TO BE ELIGIBLE TO VOTE IN ALL OTHER ELECTIONS?" and boxes for the applicant to indicate whether or not the applicant will be eighteen years of age or older on election day NO ANSWER TO THE QUESTION;
-10-SECTION HB20-114913. SECTION14.
InColoradoRevisedStatutes,1-2-602,amend(1) -10- 1149 as follows:
(1) As soon as is practicable after the end of each month, the state registrar of vital statistics shall furnish the secretary of state with a report of all persons eighteenrseighteenears of age or older who have died during the previous month.
Show all 132 changed lines (92 more)
To the extent possible, persons on the report shall be identified by name,E,name,CE , county of residence, date of birth, and social security number.
SECTION15.SECTION 14.
(7) If an elector whose registration record is marked "Inactive" fails to update his or her registration record, fails to respond to anyconfirmation card, andfailsand fails to voteinanyelectionconductedbythecountyclerkandrecorderduringthe time period that includes two consecutive general elections since the elector's registration record was marked "Inactive", the countyclerk and recorder shall cancel the elector's registration record;Trecord;HAT THE FAILURE TO VOTE IN A SCHOOL DISTRICT ELECTION AS A PREREGISTRANT DOES NOT COUNT TOWARD THE TWO CONSECUTIVE ELECTIONS FOR THE PURPOSE OF CANCELING AN ELECTOR S REGISTRATION RECORD.RECORD .
SECTION16.SECTION 15.
(5) The candidate for the office of school director shall have been a registered elector of the school district, as shown on the books of the countyclerkandrecorder,foratleasttwelveconsecutivemonthspriorto -11- HB20-11491149 countyclerkandrecorder,foratleasttwelveconsecutivemonthspriorto the date of the electionSHALLelecAND SHALL BE AT LEAST EIGHTEEN YEARS OFOFAGE AGE ON THE DATE HE OR SHE WOULD TAKE OFFICE.
SECTION17.SECTION 16.
a statement that the affiant has not paid or will not in the future pay and that the affiant believes thatthatnootherperson nohas otherpaid personor haswill paidorwillpay,pay, directly -12- HB20-1149 or indirectly, any money or other thing of value to any signer for the purposeof-12- inducingorcausingthesignertosignthepetition;astatement1149 purposeofinducingorcausingthesignertosignthepetition;astatement thattheaffiantunderstandsthattheaffiantcanbeprosecutedforviolating the law governing the circulation of petitions, including the requirement that the affiant truthfully completed the affidavit and that each signature thereon was affixed in the affiant's presence;
IF A PREREGISTRANT CIRCULATES A PETITION TO NOMINATE A SCHOOL DISTRICT OFFICER,THEOFFICE,THE AFFIDAVIT SHALL STATE THE AFFIANT WAS AT LEAST SIXTEENYEARSOFAGESIXTEEN YEARS OFAGE AT THE TIME THE SECTIONSECTIONOFTHE OFTHE PETITION WAS CIRCULATED AND SIGNED BY THE LISTED ELECTORS.ELECTOR.
SECTION 18.17.
Formofballots.(6.5) ABALLOTFORAPREREGISTRANTAALLOTFORAPREREGISTRANT VOTING IN A SCHOOL DISTRICT ELECTION SHALL ONLY CONTAIN THE REFERRED MEASURES AND THE NAMES OF CANDIDATES FOR OFFICES FOR WHICH THE PREREGISTRANT IS ELIGIBLE TO VOT.VO.E SECTION 18.
SECTION 19.
(1) FORF OR A SCHOOL DISTRICT ELECTION IN WHICH PREREGISTRANTS ARE ELIGIBLE TO VOTE AND IN WHICH THE COUNTY CLERK AND RECORDER HAS RESPONSIBILITIES FOR THE ELECTIONELECTION,THE ,THE STATESHALLREIMBURSETHECOUNTYFORTHEDIRECTCOSTSASSOCIATED WITH BALLOTS SENT TO PREREGISTRANTSPREREGISTRANT. .
-13-(2) HB20-1149TEGENERALASSEMBLYSHALLMAKEAPPROPRIATIONSTOTHE (2)-13- HEGENERALASSEMBLYSHALLMAKEAPPROPRIATIONSTOTHE1149 DEPARTMENT OF STATE FROM THE GENERAL FUND FOR THE PURPOSE OF REIMBURSING COUNTIES UNDER THE TERMS OF THIS SECTI.N SECTION20.SECTION 19.
(f) HEYWILLBEEIGHTEENYEARSOFAGEOROLDERONTHEDATETEYWILLBEEIGHTEENYEARSOFAGEOROLDERONTHEDATE OF THE ELECTION.
Home-schooled students may apply to the -14- HB20-1149 designated election official for appointment as a student election judge -14- 1149 pursuanttothissection.Fromamongthenamessubmitted,thedesignated election officials may select students to serve as student election judges who meet the following qualifications:
AND (VII) They are sixteen years of age oroON olderTHE DATE OF THE ELECTION and either a 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.
SECTION 21.20.
(2.3) AOOLAOL DISTRICTS SHARE OF THE COSTS OF A COORDINATED ELECTION IN AN AGREEMENTUNDERTHISSECTIONSHALLBEREDUCEDBYTHEAMOUNTOF THE STATESTATE'S S REIMBURSEMENT TO THE COUNTY PURSUANT TO SECTION 1-5-505.7.
SECTION 22.21.
(4.5) IIBALLOT BALLOT SELECTED FOR A RI-LIMITING AUDIT IS THEONLYBALLOTOFTHATSTYLECASTINAPRECINCT ,THEBALLOTSHALL -15- HB20-1149 BE REDACTED FROM THE PUBLIC RESULTS AND REPORTS OF THE AUDIT AS -15- 1149 NECESSARY TO PROTECT THE SECRECY OF THE BALLOT AND VOTERVOTE. .
SECTION 23.22.
(5) "Mailballotpacket"meansthepacketofinformationprovided by the designated election official to eligible electors in the mail ballot election, and toINCLUDINGtoCLUDING persons preregistered to vote pursuant to section 1-2-101 (2) who will be eighteen years of age on the date of ELIGIBLE TO VOTE ININthe the mail ballot election.
SECTION 24.23.
In Colorado Revised Statutes, 1-7.5-208, amendadd (3)(b)(3)(c) as follows:
(3)(3)(c)FTHETOTALNUMBEROFBALLOTSRETURNEDBYPREREGISTRANTS (b)VOTING IfIN the total number of votes cast and counted in any precinct is less than ten,R IF THE TOTAL NUMBER OF BALLOTS RETURNED FOR A SINGLESCHOOL BALLOTDISTRICT STYLEELECTION INAPRECINCTIN ISLESSTHANTENANY ,thePRECINCT returnsIS forLESS allTHAN suchTEN: precincts in the political subdivision shall be reported together.
SECTION25.(I) THE RETURNS FOR THE SCHOOL DISTRICT ELECTION FOR ALL SUCH PRECINCTS IN THE POLITICAL SUBDIVISION SHALL BE REPORTED TOGETHER ;AND (II) NOTWITHSTANDING ANY OTHER PROVISION OF LAW ,THE BALLOTS RETURNED BY PREREGISTRANTS IN THAT PRECINCT ARE NOT PUBLIC RECORDS SUBJECT TO INSPECTI.N SECTION 24.
-16- 1149 (4) (c) IF THE PERSON IS CHALLENGED AS NOT ELIGIBLE TO VOTE IN A SCHOOLDISTRICT ELECTION BECAUSE THE PERSON IS NOT SIXTEEN YEARS OFAGE OROROLDER OLDER ON ELECTIONDAYELECTION DAY ,AN ELECTION JUDGE SHALLASK THE FOLLOWING QUESTION :
OTO THE BEST OF YOUR KNOWLEDGE AND BELIEF , -16- HB20-1149 ARE YOU SIXTEEN YEARS OF AGE OR OLDEROLDER? ?SECTION SECTION26.25.
"I do solemnly swear or affirmthataffirm that I have fullyand truthfullyanswered all questions that have been put to me concerning my place of residence and my qualifications as an eligible elector at this election.
that I amSTamT SIXTEEN YEARS OF AGE IFIAM VOTING IN A SCHOOL DISTRICT ELECTION ,OR THAT IAM at least seventeen years of age and will be at least eighteen years of age on or before the date of the next general election if I am voting in a primary election, or that I will be of the age of eighteen years or older on election dayif I amvoting in anyother election;
and that I have not previously voted at this election." SECTION 27.26.
(6) (a) No person shallshallcirculate circulatea arecallpetitionunlessthepersonrecall ispetition aunless citizenthe ofperson theis Unitedacitizenof theUnited -17- 1149 States and at least eighteen years ofEXCEPT age;THAT APREREGISTRANT MAY CIRCULATE A PETITION TO RECALL A SCHOOL DISTRICT OFFICE.
THAT(b) APREREGISTRANTTo MAYeach CIRCULATEpetition section must be attached a signed, notarized, and dated affidavit executed by the person who circulated the petition section, which includes the information and statements required for initiative or referendum petitions under section 1-40-111;THAT, FOR A PETITION TO RECALL A SCHOOL DISTRICT OFFICER.OFFICE,THE AFFIDAVIT MAY STATE THAT THE CIRCULATOR IS AT LEAST SIXTEEN YEARS OF AGE.
(b)SECTION To27. each petition section must be attached a signed, notarized, and dated affidavit executed by the person who circulated the petition -17- HB20-1149 section, which includes the information and statements required for initiative or referendum petitions under section 1-40-111;THAT, FOR A PETITION TO RECALL A SCHOOL DISTRICT OFFICE,THE AFFIDAVIT MAY STATE THAT THE CIRCULATOR IS AT LEAST SIXTEEN YEARS OF AGE.
SECTION28.
SECTION 28.
In Colorado Revised Statutes, 8-12-105, amend (5) as follows:
8-12-105.
Minimum age requirements - maximum hours of work.
(5) (a) In seasonal employment for the culture, harvest, or care of perishableproductswherewagesarepaidonapiecebasis,asdetermined in accordance with the provisions of section 8-6-106, a minor fourteen years of age or older may be permitted to work hours in excess of the limitations of subsection (4) of this section;
but in no OR SHEs he permittedtoworkmorethantwelvehoursinanytwenty-four-hourperiod -18- 1149 nor more than thirty hours in any seventy-two-hour period;
except that a minor fourteen or fifteen years of age may work more than eight hours per day on only ten days in any thirty-day period.
Overtime wage provisions of subsection (4) of this section shall not apply to this subsection (5).
(b) A MINOR SIXTEEN YEARS OF AGE OR OLDER SERVING AS A STUDENT ELECTION JUDGE IN ACCORDANCE WITH SECTION1-6-101MAY BE PERMITTED TO WORK HOURS IN EXCESS OF THE LIMITATIONS OF THIS SECTION;
EXCEPT THAT A MINOR IS NOT PERMITTED TO WORK AS A STUDENT ELECTION JUDGE MORE THAN TWELVE HOURS IN ANY TWENTY -FOUR-HOUR PERIOD NOR MORE THAN THIRTY HOURS IN ANY SEVENTY -TWO-HOUR PERIOD.
(1) (c.5) NWITHSTANDINGNITHSTANDING ANY OTHER PROVISION OF LAWLAW,IF ,IF THE OFFENSE ALLEGED TO HAVE BEEN COMMITTED ISANOFFENSEDESCRIBEDINTITLE 11ANDNOOTHERCRIMEISALLEGEDTO ANDNOOTHERCRIMEISALLEGEDTO HAVEBEENCOMMITTED ,THEJUVENILECOURTSHALLNOTTRANSFERSUCH CHARGETOTHEDISTRICTCOURTPURSUANTTOSUBSECTION (1)(a)OFTHIS(1)(aOFTHIS SECTIONSECTION. .
(4.7) "REGISTERED"RGISTERED ELECTOR "MEANS A PERSON WHO IS SIXTEEN -18- HB20-1149 YEARS OF AGE OR OLDER ON THE DATE OF AN ELECTION AND WHO HAS COMPLIEDWITHTHECOMPLIED REGISTRATIONORPREREGISTRATIONWITH PROVISIONSTHE OFREGISTRATIONORPREREGISTRATIONPROVISIONSOF -19- 1149 ARTICLE 2 OF TITL1.TITLE1.
Each member from a congressional district shall be a registered elector of such districANDMUSTBEATLEASTEIGHTEENYEARSOFAGEONTHEDATETHEdistrictNDMUSTBEATLEASTEIGHTEENYEARSOFAGEONTHEDATETHE PERSONTAKESOFFICE .Ifthetotalnumberofcongressionaldistrictsofthe state is an even number, the additional member of the board shall be nominated and elected at large in the same manner as state officers are nominated and elected.
(7) "Eligible elector" means a person whoSIXTEENwho SIXTEEN YEARS OF AGE OR OLDER ON THE DATE OF AN ELECTION , has complied with the registrationR PREREGISTRATION provisions of articles 1 ARTICLEtARTICLE 2oftitle1,C.R.S.,ndwhoresideswithintheboundariesoftheproposed -19- HB20-1149 or existing school district.
In Colorado RevisedStatutes,22-30-104,amend -20- 1149 (4) as follows:
Conductofelections.(4) Theproceduresforplacing an issue or question on the ballot by a petition of school district electors that is pursuant to statute or the state constitution or that a school district board of education may refer to a vote of the electors pursuant to statute or the state constitution shall, to the extent no such procedures are prescribed by statute or the state constitution, follow as nearly as practicabletheproceduresformunicipalinitiativesandreferredmeasures underpart1ofarticle11oftitle31;C.R.S.EXCEPTTHATAPETITIONMAYunderpart1of article11of title31;C.R.S.EXCEPTTHATAPETITIONMAY BE CIRCULATED BY A PERSON WHO IS AT LEAST SIXTEEN YEARS OF AGE AND WHO MEETS ALL OTHER REQUIREMENTS .
The designated election official shall resolve any questions about the applicability of the proceduresinpart1ofarticle11oftitle31C.R.S.,afterconsultationwithproceduresinpart1ofarticle11oftitle31C.R.S., afterconsultationwith the countyclerk of the countyin which the school district administrative office is located.
(3.7) "ELIGIBLE ELECTOR"HASELECTOR "HAS THE SAME MEANINGASSET FORTH IN SECTION22-31-101 (1).
-20- HB20-1149 (5.3) "ELIGIBLE ELECTOR"HASELECTOR "HAS THE SAME MEANINGASSET FORTH IN SECTION22-31-101 (1).
-21- 1149 SECTION36.
(1) "Eligible elector" means a person who is registered to vote in accordance with articles 1 to 13 of title 1SIXTEENYEARSOFAGE1, C.R.S.,ARSOFAGE OR OLDER ON THE DATE OF AN ELECTION ,HAS COMPLIED WITH THE REGISTRATION OR PREREGISTRATION PROVISIONS OF ARTICLE 2OF TITLE 1, and is a resident of the school district in which the elector intends to vote.
Persons entitled to vote at regular biennial and special schoolschoolelections-registrationrequired.(1) electionsNo -person registrationshall required.(1) Nopersonshall be permittedtovoteatanyregularbiennialschoolelectionorspecialschool election without first having been registeredEREGISTERED in the manner required by the provisions oficle 2 of title 1.
Candidatesforschooldirector-call-qualification -21- HB20-1149 - nomination.
(1) Any candidate for the office of school director of a school district shall have been a registered elector of the district for at -22- 1149 least twelve consecutive months prior to the electionHALLeleAND SHALL BE EIGHTEENYEARSOFAGEEIGHTEEN OROLDERONYEARSOFAGE THEOROLDERONTHE DATE HE OR SHE WOULDTAKEWOULD TAKE OFFICE.
If the school district has a director district plan of representation or a combined director district and at-large plan of representation, the candidate shall be a resident of the director district that will be represented, unless the candidate will serve as an at-large director or has been elected at the time of or prior to the adoption of a director district plan of representationrepresentationora orcombined adirector combineddirectordistrictanddistrict and at-large plan of representation by the eligible electors of the district.
(2) The revision of directordistrictboundariesandredesignationofthedirectordistrictsshall become effective immediately upon adoption of the resolution by the board of education, but the revision and redesignation shall not operate toterminatetheofficeofto anyschooldirectorholdingofficeatterminate thetheofficeof timeofanyschooldirectorholdingofficeatthetimeof adoption of the resolution.
The revision and redesignation shall be, thereafter,effectiveforfillingofvacanciesandtheelectionofanyschool -22- HB20-1149 directors at anysubsequent regular biennial school election.
In the event that, as a result of a revision and redesignation, two or more members of -23- 1149 the board of education reside in the same new director district, and the officeofficeof ofanyoneof anyonethemembersthereafter ofbecomes themembersthereafterbecomesvacant,thevacancyvacant, the vacancy shall be filled by the appointment of an eligible elector residing EIGHTEEN YEARS OF AGE OR OLDER AND RESIDES in a director district which THAT does not then have a representative on the board of education.
(8) ASA S USED IN THIS SECTION , "REGISTEREDELECTOR "HASTHESAMEMEANINGASSETFORTHINSECTION 22-31-101 (3).
(1.5) "Eligibleelector"meansanelectorwhoSSIXTEENYEARSOF AGE OR OLDER ON THE DATE OF AN ELECTION , has complied with the registrationRPREREGISTRATION provisionsofarticle2oftitle1,C.R.S., -23-andwho HB20-1149resideswithinthejurisdictionofthepoliticalsubdivisioncalling andwhoresideswithinthejurisdictionofthepoliticalsubdivisioncalling the election.
-24- 1149 SECTION44.
The resolution shall set forth, and anyresulting guarantee contract shall provide, that the district shall repay any loan of public schoolfundswithschool funds with interest as providedprovidedinsubsection(4)of inthis subsectionsection (4)by of thissectionby the end of the calendar year next following the close of the fiscal year in whichtheloanwasmade,outofanyavailablefundsoftheschooldistrict or out of the proceeds of a levy on the taxable property of the school district at a rate sufficient to produce the amount required to repay the loan.
No guarantee contract shall be executed pursuant to this section unless the registered electors of the school district have approved such provisionsfortheprovisionsforthecontractbytheirvoteapprovingtheissuance contractbytheirvoteapprovingtheissuanceofof bonds.
Voter approval - weakening of limits on school districtdebt-definition.(3) Anyballotquestionseekingvoterapproval ofaweakeningofanylimitationonschooldistrictdebtmaybesubmitted -24- HB20-1149 to the eligible electors of a school district as a separate ballot question or as part of a ballot question including other ballot issues, such as the -25- 1149 authorization of bonded indebtedness.indebtednessS USED IN THIS SUBSECTIO(3), "ELIGIBLE ELECTOR" HAS THE SAME MEANING AS SET FORTH IN SECTION 22-31-101 (1).
ASED IN THIS SUBSECTIO(3), "ELIGIBLE ELECTOR" HAS THE SAME MEANING AS SET FORTH IN SECTION 22-31-101 (1).
(2) "Eligible elector" means a person whowIS SIXTEEN YEARS OF AGE OR OLDER ON THE DATE OF AN ELECTION , has complied with the registratioORPREREGISTRATIONregistrationRPREREGISTRATION provisionsofarticle2oftitle1,C.R.S., andwho resideswithinthejurisdictionofthepoliticalsubdivisioncalling the election.
-25- HB20-1149 22-54-103.
-26- 1149 (6.5) "ELIGIBLE"LIGIBLE ELECTOR"MEANSELECTOR "MEANS AN ELECTOR WHO IS SIXTEEN YEARS OF AGE OR OLDER ON THE DATE OF AN ELECTION ,HAS COMPLIED WITH THE REGISTRATION OR PREREGISTRATION PROVISIONSOFARTICLE 2 OF TITLE1,ANDTITLE 1,AND RESIDES WITHIN THE JURISDICTION OF THE POLITICAL SUBDIVISION CALLING THE ELECTION.ELECTION .
The question authorized by this subsection (2) shall be submitted at an election held in accordance withsection20of articleXofarticleXofthestateconstitutionandtitle1.C.R.S.n thestateconstitutionandtitle1.C.R.S.initiative petition under this subsection (2) shalle signed by at least five percent of the eligible electors in the district at the time the petition is filed.
initiativeNITHSTANDING petitionANY underOTHER thisPROVISION subsectionOF (2)LAW shall,A signedPREREGISTRANT byAS atDEFINED leastIN fiveSECTION percent1-1-104 of(31.3WHO theMEETS eligibleALL electorsOTHER inREQUIREMENTS theMAY districtCIRCULATE atAN theINITIATIVE timePETITION theUNDER petitionTHIS isSUBSECTION filed.(2).
NTHSTANDINGSECTION ANY50. OTHER PROVISION OF LAW ,A PREREGISTRANT AS DEFINED IN SECTION1-1-104 (31.3)WHO MEETS ALL OTHER REQUIREMENTS MAY CIRCULATE AN INITIATIVE PETITION UNDER THIS SUBSECTION(2).
-26- HB20-1149 SECTION 50.
-27- 1149 22-54-108.5.
The questions authorized bythis paragraph (b)SECTION (1)(b) shall be submitted at an election held in accordance with section 20 of article X of the state constitutionandtitle1.C.R.S.initiativepetitionunderthisparagraph (b)shallSUBSECTION (1)(bMUST besignedbyatleastfivepercentofthe -27- HB20-1149 eligible electors in the district at the time the petition is filed.
N OTWITHSTANDINGANYOTHERPROVISIONOFLAW ,APREREGISTRANTAS -28- 1149 DEFINED IN SECTION 1-1-104 (31.3) WHO MEETS ALL OTHER REQUIREMENTS MAY CIRCULATE AN INITIATIVE PETITION UNDER THIS SUBSECTION (1)(b).
(3) (a) F FISCAL YEAR 2020-21,THE2020-21, THE GENERAL ASSEMBLY SHALL APPROPRIATE MONEY FROM THE GENERAL FUND TO THE DEPARTMENT OF STATE TO COVER THE COSTS OF IMPLEMENTING REQUIREMENTS TO ALLOW A PREREGISTRANT TO VOTE IN SCHOOL DISTRICT ELECTIO.SELECTION. (b) THIS SUBSECTION(3IS REPEALED,EFFECTIVEJULY 1, 2021.
(b) THIS SUBSECTION(3)IS REPEALED,EFFECTIVEJULY 1, 2021.
In Colorado Revised Statutes, 24-72-205.5, amend (4)(b)(III) as follows:
24-72-205.5.
Public inspection of ballots - stay period - recounts - rules governing public inspection of ballots - legislative declaration - definitions.
(4) (b)In connection with the public inspection of the ballots to which this section pertains:
(III) To protect the privacyof particular electors, anyballots cast byelectorswithingroupsofdiscreteindividualswhoaremoresusceptible of being personally identified, such as military and overseas electors, shall be made available for public inspection only to the extent such ballotsmaybeduplicatedwithoutidentifyingelectorinformation.Insofar as such ballots are not able to be duplicated without identifying elector information,theyarenotavailableforpublicinspection.Notwithstanding anyother provision of this section, no ballot, or anyportion thereof, may be made available for inspection where the ballot, or any requested -29- 1149 portionthereof,isidenticalinprintedform,consideringacombinationof the election contests at issue and precinct coding, to only nine or fewer ballots, or comparable portions thereof, among all ballots used in the sameelection.However,anysuchballot,oranyrequestedportionthereof, that is identical in printed form to ten or more ballots, or comparable portions thereof, used in the same election may be inspected.
N OTWITHSTANDINGANYOTHERPROVISIONOFTHISSECTION IFTHETOTAL NUMBEROFBALLOTSRETURNEDBYPREREGISTRANTSVOTINGINASCHOOL DISTRICT ELECTION IN ANY PRECINCT IS LESS THAN T,THE BALLOTS RETURNED BY PREREGISTANTS IN THAT PRECINCT SHALL NOT BE MADE AVAILABLE FOR INSPECTION IN ACCORDANCE WITH SECTION 1-7.5-208 (3)(c).
SECTION 53.
except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part will not take effect unless approved by the people at the generalelectiontobegeneralelectiontobeheldinNovember held2020 and, in Novembersuchcase,willtake 2020and,insuchcase,willtake effect on the date of the official declaration of the vote thereon by the governor;
-28- HB20-1149 (2) This act applies to elections conducted on or after July 1, 2021.
-29--30- HB20-11491149
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View plain text versions (2)
- PA1 (03/04/2020) View text Current pdf
- Introduced Introduced (01/17/2020) pdf
Amendments
1 amendmentClick Show changes on an amendment above to see how it modifies the bill.
Action History
-
House Committee on Appropriations Lay Over Unamended - Amendment(s) Failed
-
House Committee on State, Veterans, & Military Affairs Refer Amended to Appropriations
-
Introduced In House - Assigned to State, Veterans, & Military Affairs
Sponsors
- Dominick Moreno · Primary
- Serena Gonzales-Gutierrez · Primary
Sponsorship breakdown
Export CSV (upgrade) →2 sponsors · 0 co-sponsors · 100 not signed on
Sponsors (2)
- Dominick Moreno
- Serena Gonzales-Gutierrez
Co-sponsors (0)
None.
Not signed on (100)
100 members have not signed on to this bill.
Show all 100 →"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.
Subjects
Frequently asked questions
- What does HB 20-1149 do?
- The bill allows a person who is preregistered to vote in school district elections beginning at 16 years of age. A school district election is defined as an election to recall a school district officer or an election called under title 22, Colorado Revised Statutes, including elections for: The state board of education; School district officers; Referred measures to impose or increase mill levies or to raise and expend property taxes; Referred measures relating to the organization of or plan of representation for school districts; and Referred measures related to the financial obligations and indebtedness of school districts. When a person preregisters, they must receive information concerning their eligibility to vote in school district elections and how to update their preregistration information and obtain and cast a ballot. The bill repeals the requirement that the voter information of preregistrants be kept confidential. A preregistrant is automatically registered to vote in all elections upon turning age 18. Individuals committed to juvenile detention facilities must be given information about their right to preregister and vote in school district elections. A preregistrant can circulate and sign petitions to nominate or recall a school district officer or to initiate an election under title 22, Colorado Revised Statutes. A preregistrant cannot run for office or be appointed to fill a vacancy. If a juvenile is charged with an election offense and no other crime is charged, the juvenile court is prohibited from transferring the charge to a district court. For any election in which preregistrants are eligible to vote and in which the county clerk and recorder has responsibilities for the election, the state is required to reimburse the county for the direct costs associated with ballots sent to preregistrants. The school district's share of the costs of the election in a cost-sharing agreement must be reduced by the amount of the state's reimbursement. (Note: This summary applies to this bill as introduced.)
- Who sponsors HB 20-1149?
- HB 20-1149 is sponsored by Dominick Moreno and Serena Gonzales-Gutierrez.
- What is the current status of HB 20-1149?
- This bill died with 2020 Regular Session. It reached “In Committee” 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 20-1149?
- Track HB 20-1149 free on One Click Politics — get push/email alerts when it moves.
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