S.B. 95-202 Elective offices - vacancies - appointment - political affiliation. Requires the governor to appoint a person of the same political affiliation as the vacating officer when filling a vacancy in any state office or in the office of district attorney. If the vacant office was held by an unaffiliated person, requires the governor to appoint an unaffiliated successor within 10 days after the vacancy occurs. Requires the board of county commissioners to appoint a person of the same political affiliation as the vacating officer when filling a vacancy in any county office or, if the officer was unaffiliated, to appoint an unaffiliated person.
VETOED by Governor May 31, 1995
H.B. 95-1017 Campaign reform act - contribution limitations on state and political subdivisions - ballot measures. Under the "Campaign Reform Act of 1974", specifies that a statewide ballot issue, a local ballot issue, a legislatively referred measure, and a measure for the recall of an officer may not be supported or opposed by governmental expenditures of public money or contributions in kind. Replaces the prohibition on such support of or opposition to an "issue before the electorate" with these specific issues and measures. Makes conforming amendments to those provisions containing certain exceptions to this prohibition that apply to government agencies, members or employees of government agencies, and elected officials.
Allows governmental agencies to report the passage of or distribute a resolution relating to such a ballot issue or measure.
APPROVED by Governor March 9, 1995
EFFECTIVE March 9, 1995
H.B. 95-1022 Nomination of unaffiliated candidates by petition - signature requirements - verification - cure. In the "Uniform Election Code of 1992", changes reference to candidates who do not wish to affiliate with a political party from "independent" candidates to "unaffiliated" candidates. Permits nomination for the primary election of unaffiliated candidates for the offices of president and vice president of the U.S. by filing a statement of intent and a $500 filing fee in addition to the existing petition procedure.
Changes the signature requirements on petitions for nominating unaffiliated candidates and specifies references to certain offices of such candidates as follows: For any statewide office, from at least 1000 to the lesser of 1000 or 2% of the votes cast at the last general election for that statewide office; for member of the U.S. House of Representatives, from at least 500 for "congressional office" to the lesser of 800 or 2% of the votes cast in the congressional district at last election for that office; for member of the state board of education or CU regent from a congressional district, from the lesser of 1000 or 20% of the votes cast in the district for a "district office greater than county office" to the lesser of 800 or 2% of the votes cast in the congressional district at the last general election for that office; for any member of the general assembly, from the lesser of 1000 or 20% of the votes cast in the district for that office to the lesser of 600 or 2% of the votes cast in the senate district for the office of member of the state senate and the lesser of 400 or 2% of the votes cast in the house district for the office of member of the state house of representatives; for district attorney, from the lesser of 1000 or 20% of the votes cast in the district for that office to the lesser of 650 or 2% of the votes cast in the district at the last general election for the office of district attorney; and, for county office, from the lesser of 600 or 20% of the votes cast in the county for county office to the lesser of 750 or 2% of the votes cast for all candidates for that office at the last general election for county office.
Increases the time period prior to a primary election during which such petitions may be circulated from 49 days to 84 days. Changes the date such petitions must be filed from the Tuesday preceding the primary election to the 28th day preceding such election.
Requires the designated election official to provide the notice of such a petition's sufficiency or insufficiency to the candidate on or before the primary election date. Allows such a candidate 7 days after that election date to cure the petition and requires the election official to provide notice of that amendment's sufficiency or insufficiency no later than 14 days following that election date.
APPROVED by Governor May 25, 1995
EFFECTIVE July 1, 1995
H.B. 95-1113 Voter registration - county clerk and recorder - computer records. Authorizes each county clerk and recorder to maintain voter registration records on a computer system chosen and operated by the county. Requires that voter registration records transmitted from the county clerk and recorder to the secretary of state be transmitted in a media format acceptable to the secretary of state. Requires each county clerk and recorder to maintain voter registration information on such county-owned system or by utilizing the department of revenue's consolidated data processing system to access the master list of registered electors. Eliminates the option for the county clerk and recorder to submit a tape or card deck, instead of a list, when furnishing to the secretary of state the required information on county electors.
APPROVED by Governor April 7, 1995
EFFECTIVE April 7, 1995
H.B. 95-1241 Election laws - revisions, corrections, and clarifications. Makes various revisions, corrections, and clarifications to the "Uniform Election Code of 1992" (the "Code") and other laws relating to elections. Amends various sections throughout the code to use consistent terminology regarding periods of time, such as "prior to", "during", and "after".
Adds the following definitions to the Code: "Nonpartisan election" and "partisan election". Harmonizes the definition of "property owners list" with the Code's requirement on the provision of such lists. Provides that, except for the voter registration deadline, the last day shall be included in computing any period of days prescribed by the Code and emphasizes certain terms under the computation of time provision.
Revises the requirements imposed on the secretary of state and division of local government for providing copies of election laws and the manual of election procedures.
Changes the voter registration deadline in pertinent provisions of the Code from 30 days before an election to 29 days before an election and specifies that if the 29th day is a Saturday, Sunday, or holiday, electors shall be permitted to register on the next day that is not a Saturday, Sunday, or holiday. Conforms the definition of "registration list" to the revised voter registration deadline.
Changes the prohibition on voting or registering to vote by persons confined as prisoners to apply to persons serving a sentence in a correctional facility, jail, or other location or serving a sentence of parole. Allows certain confined prisoners who are awaiting trial to register to vote by mail registration instead of affidavit registration.
Requires persons registering to vote to give a mailing address instead of a post office address. Changes the period during which an elector may file a change of address form from 29 days to 28 days before the election. Allows an elector who appears in person on election day in the office of the county clerk and recorder, and who receives a certificate of registration after filing a change of address form or who registers by emergency registration, to vote in the office of the county clerk and recorder, in the discretion of the county clerk and recorder. Requires the county clerk and recorder to make notification of an address change received from a driver's license examination facility and deletes the motor vehicle division from those entities providing such information.
Provides that an elector loses party affiliation unless the elector "continues", instead of "transfers", the affiliation.
Changes the period of time prior to a primary election in which the county clerk and recorder must commence mailing elector information cards from 30 days to 29 days. Deletes outdated references to registered electors whose registration was marked "inactive" as of May 15, 1987. Changes the time period during which an elector may discover cancellation of their registration record and obtain a certificate of reinstatement from 29 days to 28 days prior to an election. Allows an elector who has been issued a "certificate of reinstatement" to vote at the office of the county clerk and recorder if the clerk so authorizes.
Requires that a request for a change of polling place to one that is accessible to persons with disabilities be made 12 days, instead of 10 days, before an election. Allows cancellation of duplicate registrations when there is a match of name and birth date. Permits cancellation of voter registration when the county clerk and recorder receives notice from another county clerk and recorder, from the secretary of state, or from an election official in another state that the elector has registered to vote in another county.
Changes the period when voter registration must be received, accepted, or postmarked to ensure registration from 25 days to 29 days before an election. Establishes the effective date for a voter registration application or change of registration as the date received. Establishes a 10-day hold on voter registration applications received as mail registration and registration at voter registration agencies to see if the verification notice is returned as undeliverable, instead of registering applicants immediately upon receipt of the application.
Modifies the procedure for acceptance of a nomination by a candidate. Eliminates proof of qualification for office by a candidate other than registration, residence, and property ownership. Qualifies the prohibition on candidacy for more than one office at a time by allowing a candidate or elected official to be a candidate or member of the board of certain special districts. Provides a procedure for challenging the qualification of any candidate.
Specifies that a petition for nominating an independent candidate may designate one or more unaffiliated registered electors as a vacancy committee. Requires such petitions for the office of state senator and state representative to designate at least 3 unaffiliated electors. Requires that an independent candidate to be placed in nomination by petition must be registered as unaffiliated for at least 12 months prior to the last date the petition may be filed, instead of 12 months prior to the date of filing of the petition. Requires that candidates for municipal office in a mail ballot election comply with the nominating petition procedure in the municipal election code.
Separates the statutes governing petitions for recall from the statutes governing petitions for candidacy and relocates the recall provisions under the law on recall from office. Requires that petitions for a "district office of state concern", instead of a "district office greater than a county office", be filed with the secretary of state. Provides that a protest concerning an election official's determination that a petition or certificate of designation or nomination is sufficient must be filed within 5 days after the determination of sufficiency, instead of 5 days after the petition is filed. Adds "resignation" to the list of events causing a vacancy in nomination. Clarifies that a vacancy in a "statewide or county office" with a term of 4 years applies to a vacancy in the office of district attorney and to a vacancy in the office of state senator. Specifies that vacancy committees for the state, county, judicial district, or state senate district, instead of for the "political subdivision", designate candidates or make nominations when a vacancy occurs. Requires that an affidavit of intent of a write-in candidate in any election must be filed more than 30 days, rather than more than 8 days, before the election. Provides that write-in votes for governor and lieutenant governor in a primary election shall be counted individually.
Limits elections for which a governing body may designate polling places to elections other than coordinated elections. Changes the date when boundaries of precincts or the creation of precincts must be completed from 30 days to 29 days prior to precinct caucus day. Defines "building" when polling places are established within certain multi-use buildings such as a shopping mall. Requires posting of the sign designating the polling place 12 days, instead of 10 days, before the election.
Changes the time when voter information cards must be mailed from 30 days to 29 days before the primary election. Changes the time prior to an election for determining cancellation of an election from the 30th day to the 29th day before the election. Revises the requirements for publication and posting of an election cancellation notice. Eliminates the required transfer of the ballot number and date to the elector's registration record and requires recordation of the date of the election for registration record purposes. Gives a designated election official the discretion, in connection with a nonpartisan election, to order a single registration list, instead of an initial and a supplementary registration list. Provides a deadline for determining the certified eligible electors on the registration list certified prior to the election.
Permits election judges to take a self-affirming oath, rather than having to administer the oath to each other, and modifies the content of that oath. Increases the maximum compensation of election judges from $75 per day to $100 per day. Allows filing of a petition for the removal of an election judge up to 12 days, instead of 10 days, before any election.
Requires that affidavits of eligibility to vote in coordinated elections shall be available at the office of the designated election official for each political subdivision, rather than the office of county clerk and recorder. Reduces the number of test ballots required for coordinated elections from 100 per political subdivision to 100 for all political subdivisions. Changes the language appearing in the ballot issue notice when petition representatives fail to file a summary of written comments. Exempts statewide ballot issues for which an analysis is prepared for a ballot information booklet from the provision requiring preparation of written comments.
Requires a designated election official conducting a mail ballot election to notify the secretary of state 55 days before the election, instead of 60 days before the election. Requires that ballots be mailed to each eligible elector at the last mailing address appearing in the registration records. Allows a designated election official to provide a replacement ballot to an eligible elector when the eligibility of the elector could not be determined at the time mail ballot packets were mailed to other electors. Prohibits an election official from transmitting a replacement ballot unless a sworn statement requesting, instead of an application for, the ballot is received before election day. Changes certain duties of the election judge when a mail ballot is returned. Specifies what must be marked on an envelope when an absentee ballot is mailed.
Requires the early voters' polling place be opened 21 days, instead of 24 days preceding any election in November, and to be open for purposes of voting 21 days, instead of 29 days before the election, before any presidential primary, primary, general, or other November election.
Eliminates the requirement that the board of canvassers meet or be notified in the event of a cancelled election. Requires a recount in a nonpartisan election no later than the 15th day after a regular or special election or no later than the 30th day after a coordinated election, instead of the 15th day after the election. Requires completion of that recount no later than the 20th day after such election or the 35th day after a coordinated election, instead of the 20th day after the election.
Allows a losing political party or organization to pay for the cost of conducting a recount requested by the losing candidate. Requires that a candidate or losing political party or organization requesting a recount pay the cost of a recount for county office to the county clerk and recorder, instead of the county treasurer or manager of revenue, and pay the cost of a recount for congressional, state, or district office to the secretary of state, instead of the state treasurer. Specifies when a recount requested by a candidate shall take place.
Requires a person or group requesting a recount on a county ballot issue to pay the cost of a recount to the county clerk and recorder, instead of the county treasurer or manager of revenue. Requires a person or group requesting a recount of a ballot issue for a district greater than a county to pay the cost of the recount to the secretary of state, instead of the state treasurer. Provides when such recounts shall take place.
Clarifies that, when there is a tie vote on a ballot issue or question, the issue or question loses.
Extends from 10 days to 30 days the time during which absentee ballots for recall elections must be available. Makes the date for filing write-in affidavits for candidacy in a recall election and the date for filing nominating petitions for that election the same, 15 days after the date that the recall petition is found to be sufficient. Deletes certain recall petition requirements for the office of county commissioner. Provides that the election of a successor shall occur at the same time as the recall election for all offices not just state elections and deletes requirements for all other elections. Permits hand delivery of the certified survey of returns in a recall election to the secretary of state or the governing body. Permits the designated election official to issue a certificate of election instead of the secretary of state. In the case of recall elections other than state elections, requires that the governing body receive the election results from the designated election official. Subjects recall elections to the Campaign Reform Act.
In the case of a vacancy due to the resignation of a member of the general assembly, authorizes the vacancy committee to meet prior to the effective date of the vacancy. In the case of the death of a general assembly member-elect, authorizes the vacancy committee to meet no more than 10 days after the death of that member-elect. In the case of a member of the General Assembly who was unaffiliated with a political party, authorizes the appointment of a successor by the vacancy committee designated on the nomination petition.
Deletes the provision on disposition of affidavit forms in conformance with the prior repeal of the section governing affidavit registration. Increases the penalty from a fine of not more than $1000 or imprisonment for not more than 12 months, or both, to a fine of not more than $5000 or imprisonment for not more than 18 months, or both, for the following election offenses: Offenses related to mail ballots; procuring false registration; personating an elector; voting twice; and offenses relating to absentee voting. Increases the penalty for voting in the wrong precinct from a fine of not more than $200 or imprisonment for not more 3 months to a fine of not more than $5000 or imprisonment for not more than 18 months, or both. Relocates the prohibition on defacing petitions to the provisions on election offenses.
Requires that political committees in support of or in opposition to municipal candidates or municipal issues shall make filings with the municipal clerk. Clarifies that the disqualification of a person who fails to file a disclosure statement is for the office for which the candidate has filed and failed to file the statement. Provides that notices from the secretary of state or other election official may be mailed by certified mail, return receipt requested, instead of by registered mail. Conforms the provisions on notice of disqualification, of a deficient report, and of a penalty to the certified mail requirement. Requires that reports of independent expenditures be filed 11 days before and 30 days after any election rather than 11 days before the primary and general elections and 30 days after the general election.
Changes the voter registration deadline in the municipal election code for an incorporation election and organizational election from the 30th day to the 29th day prior to the election. Corrects internal references in the municipal election code to the following provisions: The definition of "electronic voting system"; questions answered by a person making application for registration; and change of address. Requires the secretary of state to provide a copy of the municipal election laws to municipal clerks 60 days, instead of 30 days, before an election. Deletes the requirement that the secretary of state provide a simplified manual of election procedures to municipalities. In the case of a special municipal election, gives municipalities the option to either participate in a coordinated election or to conduct a mail ballot election. Changes the time period for determining who is on the municipal election precinct registration list from the 30th day to the 29th day preceding the election. Requires that nomination petitions for municipal officers to be elected at a coordinated election or mail ballot election under the state election code be circulated within the same time frames as other nomination petitions under the state election code.
Increases the penalty from a fine of not more than $1000 or imprisonment for not more than 12 months, or both, to a fine of not more than $5000 or imprisonment for not more than 18 months, or both, for the following municipal election offenses: Personating an elector; voting in the wrong precinct; voting twice; and offenses relating to absentee voting.
Clarifies that special district elections pursuant to article X, section 20 of the state constitution may be held at the biennial local district election as well as at the state general election and on the 1st Tuesday in November of odd-numbered years. For persons voting in a special district election by absentee ballot or mail ballot, allows the affidavit on the envelope required by the state election code to substitute for the affidavit required under the special district law that the person is an eligible elector of the special district. For purposes of complying with article X, section 20, allows the board of directors of the scientific and cultural facilities district to submit to the voters of the district, at a general election or at an election held on the 1st Tuesday in November of an odd-numbered year the question of whether the district is authorized to collect, retain, and spend excess revenues until the date specified in the question.
Changes all references to "independent" candidates in the Code and the Campaign Reform Act to "unaffiliated" candidates. Creates a definition for "unaffiliated".
APPROVED by Governor May 24, 1995
EFFECTIVE July 1, 1995
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