Elections - Digest of Bills

Digest of Bills - 1996

ELECTIONS

S.B. 96-82 Campaign reform act - reporting of independent expenditures - contribution limits on persons, political committees, political parties, and authorized committees - adjustment for inflation - prohibition on earmarking. Deletes political parties and committees thereof from the definition of "political committee". Includes a major political party, a minor political party, and a political party within the definition of "political party". Defines "election cycle" and "two-year election cycle".

Changes when a report of an independent expenditure of $500 or more must be filed by requiring a report to be filed within 24 hours of the expenditure, regardless of when such an expenditure is made. Specifies that a copy of this report must be provided within 24 hours of when the expenditure was made to the candidate running in the election or to the political committee supporting or opposing an issue to be submitted in the election for which the independent expenditure was made.

Limits the combined total of contributions and contributions in kind that a person, political committee, political party, or an authorized committee of a federal candidate may make to certain candidates in an election cycle and that a person, other than a political party or authorized committee, may make to a political party during a 2-year election cycle. Increases the limits on contributions from a person, political committee, or authorized committee to a candidate who is involved in a contested primary election. Requires a candidate who receives a contribution in excess of the limits to remit the excess to the contributor.

Requires that the contribution limits for candidates be adjusted for inflation every 5 years commencing January 1, 2002.

Prohibits persons from making and political parties from accepting any contribution to be passed through the party to a specific candidate. Prohibits a professional lobbyist from disbursing political party moneys to candidates of the party.

Limits the contributions a candidate's political committee may make to another candidate or candidate's political committees. Prohibits a candidate from using unexpended campaign contributions for private purposes.

Makes the contribution limits applicable during election cycles for candidates that commence on or after January 1, 1997.

APPROVED by Governor June 1, 1996
EFFECTIVE July 1, 1996

H.B. 96-1061 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. Replaces references to "legally qualified electors" with "eligible electors" and makes substantial compliance with the Code sufficient for properly conducting an election. Adds definitions for "authorizing legislation" and "self-affirmation", deletes the definition of "resident taxpaying elector", and conforms the definition of "taxpaying elector" to the definition in the special district law.

Modifies the requirements for providing the election laws to county clerks and recorders and to political subdivisions. Relocates the penalty for failure to comply with the secretary of state's requirements to the Code's election offenses. Makes the secretary of state's provision of election forms discretionary rather than mandatory. Eliminates certification of the ballot to the county clerk and recorder 55 days before an election where a political subdivision requests a coordinated election. Specifies that political subdivisions are authorized to cooperate and contract to perform a coordinated election.

Eliminates different residency requirements for nonpartisan elections. Provides that the mailing address of a homeless individual constitutes that individual's residence for purposes of voter registration. Replaces the additional qualifications to become an eligible elector with a general provision permitting authorizing legislation to provide such qualifications. Permits the county clerk and recorder to assist with the registration of an elector who is unable to write and adds the relocated provision on the voter registration deadline.

Deletes the separate dating and signing requirement on a declaration of party affiliation. Specifies that applicants declining to register at a driver's license facility will be used for voter registration statistics purposes. Eliminates the election judge's duty to read the printed statement of penalty on a change of residence form. Clarifies certain declarations an elector must make in an emergency registration affidavit. Describes the procedure for a county clerk and recorder where a mail ballot is returned as undeliverable.

Requires that the bylaws or rules of the two major political parties establish a procedure for selecting delegates to any party assembly. Provides that any method for choosing delegates based on the number of votes for a particular candidate must be uniform among the counties.

Specifies that the petition process for unaffiliated candidates is the same as for a partisan office. Adds a requirement for a nominating petition for a special district director. Makes the Code's provisions on write-in candidates applicable to municipal candidates in a coordinated or mail ballot election. Deletes the requirement that a nominating petition designate a committee. Clarifies that either the secretary of state or relevant official approves petitions as to form. Allows a vacancy in a nomination to be filled by the person or persons named in a statement of intent. Specifies that a write-in candidate affidavit of intent must be filed for a "district office of state concern", instead of "any other office greater than a county office". Specifies the time for filing an affidavit of intent in partisan and nonpartisan elections.

Modifies the time when precincts and polling places are established prior to a nonpartisan election other than a coordinated election. Reduces specified time periods prior to a nonpartisan election for changing precinct boundaries, for filing a petition to change a polling place, and for changing a polling place. Clarifies the notice of a primary election given by a county clerk and recorder. Eliminates notice of a call for nominations for nonpartisan elections. Adds coordinated election officials to those providing notice of an election. Requires that ballot issues and questions be as close as possible to the form in which they will appear on the ballot. Permits the designated election official to incorporate certain items by reference in the notice of election.

Modifies the time for cancelling an election for lack of candidates and designates that date for a coordinated or nonpartisan election. Specifies that no blank spaces are required on a ballot if no write-in candidates have filed. Lists the items to be posted at a polling place. Excepts certain election officials from the prohibition on having a financial interest in voting equipment. Relocates the penalty for violating the prohibition on elected officials handling of voting machines to the part of the election code containing election offenses.

Modifies certain requirements related to certification of and qualifications for election judges.

Modifies the requirements in connection with an oath to register. Deletes the provisions on the availability of affidavits of eligibility for coordinated elections. Requires a designated election official to make a list of eligible write-in candidates. Makes certain tasks discretionary rather than mandatory in connection with test ballots.

Requires the election official to "deliver", rather than "transmit", the text of the ballot issue notice. Imposes requirements on election officials of overlapping political subdivisions in connection with the ballot issue notice for an election other than one in November. Specifies the form of the ballot issue notice. Specifies that ballot issue notice packets are mailed to electors in portions of the county where districts with ballot issues overlap. Requires that the ballot issue notice be in substantial compliance, rather than "in accordance", with section 20 of article X of the state constitution. Modifies the requirements in connection with a preliminary list for a mail ballot election.

Separates the statutes governing early voting from the statutes governing absentee voting and relocates the early voting provisions to a new part in the Code. Separates the statutes on counting absentee and early voters' ballots from the statutes governing absentee voting and relocates those provisions to a new part in the Code.

Amends the provisions on absentee voting as follows: Separates provisions on when an absentee eligible elector may vote and the effect of the federal "Uniform and Overseas Citizens Absentee Voting Act" and permits the secretary of state to prescribe emergency rules when substantial, rather than strict, compliance with absentee voting provisions are impossible; permits poll watchers at absentee polling places; and clarifies that a person's right to vote, rather than their vote, may be challenged.

Amends the relocated provisions on early voting as follows: Requires every county clerk and recorder, not just those conducting a coordinated election, to provide an early voters' polling place and replaces the county clerk and recorder with the early voters' polling place as the location of early voting.

Modifies the oath administered to a challenged elector.

Modifies the election offense provision on defacing of petitions. Creates the offense of knowingly giving false information regarding the elector's residence and makes the offense a class 6 felony. Eliminates the prohibition on polling places being within 50 feet of an establishment selling liquor for purposes of making the law consistent with a prior amendment to the restrictions on polling places.

Adds municipal clerks to those officials who send a notice of disqualification under the Campaign Reform Act.

Modifies the time a vacancy must occur before a regular biennial school election in order for certain actions to be taken in connection with that vacancy.

Specifies that the procedures pertaining to municipal initiatives and referred measures apply to ballot issues authorized for counties and for school elections, to the extent such procedures are not otherwise prescribed.

Modifies the residency requirements for electors of a law enforcement authority or a county public improvement district.

Changes the time for filing a petition to amend a municipal charter. Describes the procedure when the petition is submitted for a coordinated election. Deletes obsolete language prohibiting the payment of petition circulators.

Provides when reasons for and against the recall of an officer must be submitted for inclusion on the ballot. Changes the time for filing nominating petitions for an office in a recall election. Conforms the municipal election code provisions on computation of time with the Code's provisions.

Deletes the requirement that the secretary of state prescribe the forms for a municipal election. Eliminates the date on which the clerk issues a statement of sufficiency from those dates upon which a final determination of petition of sufficiency is made. Provides that a legislative body may, rather than shall, adopt a proposed ordinance that is submitted by petition.

Provides that a municipality's execution of a power of attorney for annexation of an unincorporated area does not comply with the election provisions for annexing that area.

Specifies the electors who may vote on the establishment of a special improvement district. Replaces certain requirements regarding the officers conducting an election on a resolution referred by the board of a business improvement district with the directive that the resolution appoint a designated election official.

Specifies, under the definition of "eligible elector" in the special district law, that if the special district board ends business personal property taxation pursuant to section 20 of article X of the state constitution, persons owning such property shall not be eligible electors of the district. Modifies the definition of "property owners list". Requires a person desiring to vote in a special district election to sign a self-affirming oath or affirmation instead of an affidavit; requires such persons to be residents of the district for 30 days, instead of 25 days; and specifies the person's right to vote unless challenged. Requires that the results of a special district election to incur general obligation debt be provided to the appropriate county commissioners or municipal governing body by certified, rather than registered, mail.

APPROVED by Governor June 3, 1996
EFFECTIVE July 1, 1996