S.B. 97-31 Recall elections - petition requirements - election date and cost - candidate's statement - constitutional requirements. Prohibits the filing of a recall petition against an elected officer whose term will expire within 6 months. Eliminates the inconsistency regarding where a petition to recall a state officer should be filed. Requires a petition to recall a school district officer to be signed by 40% of the eligible electors of the school district who voted in such district, rather than who voted for school directors, at the last preceding election at which the director to be recalled was elected. If no such election was held, requires the petition to be signed by at least 10% of the eligible electors residing within such district on the date the petition form is approved.
Specifies that the number of signatures required for a petition to recall nonpartisan officers other than state or county officers or school district officers is determined at the time the petition form is approved. Eliminates the duty of the secretary of state to approve or disapprove the form of recall petitions other than petitions to recall state officers. Allows a recall petition to be filed at any time during the 60-day period after the designated election official has approved the petition form. Requires the designated election official to determine the sufficiency or insufficiency of the petition within 10 working days following the initial filing thereof. Changes the filing period for a petition protest from 15 days after the petition or an amendment is filed to 15 days after the determination of the sufficiency or insufficiency of the petition. Rather than allowing a committee named on the petition to withdraw an insufficient petition, allows a petition to be amended once at anytime within 60 days from the date the petition form was approved. Before an election official certifies the sufficiency of a petition, clarifies that the time for protest must elapse.
Requires a governing body to set a recall election date not less than 45 days, rather than 30, and not more than 75 days, rather than 60, from the date of the determination of sufficiency. Specifies when a statement of justification may be filed by the officer sought to be recalled. Changes the filing period for nomination petitions and affidavits of intent to run as a write-in candidate from no later than 15 days after the petition is found to be sufficient to 15 days after the date on which the governing body convenes and sets the election date.
To the extent that the statutory provisions governing the recall of state officers conflict with the constitutional provisions relating thereto, specifies that the constitutional provisions will control.
APPROVED by
Governor May 27, 1997
EFFECTIVE May 27,
1997
S.B. 97-204 Ballot information publication and distribution revolving fund - creation. Establishes the ballot information publication and distribution revolving fund to be used by the legislative council of the general assembly to pay costs incurred in the publication of the text and title of all initiated and referred measures in every legal newspaper in the state and costs incurred in the distribution of the ballot information booklet to residences of Colorado registered electors. Provides that moneys be appropriated to the fund each year in the general appropriation act and that unexpended moneys shall remain in the fund and not revert to the general fund.
APPROVED by
Governor April 19, 1997
EFFECTIVE April 19,
1997
S.B. 97-223 Ballot issues - comments - filing deadline - transmittal of ballot issue notices.
Referendum B was adopted at the 1996 general election and amended the provisions of section 20 of article X of the state constitution to require the mailing of a ballot issue package 30 days, instead of 15 to 25 days, before a ballot issue election and the filing of written comments supporting or opposing the measure with the election officer 45 days, instead of 30 days, before the election. This act makes the following amendments to conform certain provisions of the "Uniform Election Code of 1992" to the amendments in Referendum B:
APPROVED by
Governor May 27, 1997
EFFECTIVE May 27,
1997
H.B. 97-1031 Partisan primary elections - combination of precincts. Allows counties to combine precincts for any partisan primary election upon approval of the board of county commissioners. Requires those counties that choose to combine precincts to publish polling place locations.
APPROVED by
Governor February 20, 1997
EFFECTIVE August 6,
1997
NOTE: This act was
passed without a safety clause. It shall take effect at 12:01 a.m. on the day following the
expiration of the ninety-day period after final adjournment of the general assembly that is
allowed for submitting a
referendum petition pursuant to article V, section 1 (3) of the state constitution; except that,
if a referendum petition is
filed against this act or an item, section, or part of this act within such period, then the act,
item, section, or part, if
approved by the people, shall take effect on the date of the official declaration of the vote
thereon by proclamation of
the governor.
H.B. 97-1234 Registration of electors. Makes various revisions to the provisions on qualification and registration of electors and the establishment of precinct polling places in the "Uniform Election Code of 1992" (the "Code"). Makes conforming amendments arising from certain revisions.
Creates a new part on cancellation of registration containing the following relocated provisions, with amendments:
Withdrawal of registration. Consistent with the provisions on registering to vote, allows withdrawal or cancellation of registration by filing a self-affirmation rather than by an oath and affidavit.
Deceased electors. Removes a deceased person's precinct number and date of registration from the information required to be provided by the state registrar to the secretary of state. Requires the secretary of state to send each clerk and recorder information on deceased persons on a monthly, rather than quarterly, basis. Modifies clerk and recorders' duties in connection with registration records of deceased electors and replaces references to "purge" with "cancel". Allows clerk and recorders to make such cancellation under certain circumstances without written notice.
Change of residence - multiple registration. In connection with registration of electors who are registered in another county, eliminates use of the statewide electronic registration system to transmit registration information to an elector's prior county of residence and the signing of a "notice of registration" form. Eliminates the secretary of state's duty to notify clerk and recorders of duplicate records. Deletes the clerk and recorder from those persons who provide notice of registration to the clerk and recorder of the county of prior residence. Requires the secretary of state to provide notification of multiple registrations on a monthly basis and the list of electors having multiple registration 15, instead of 8, days before an election. Adds odd-numbered year elections to the list of elections provided to county clerk and recorders by the secretary of state. Requires cancellation of registration in the county of prior residence when certain information matches.
"Active" and "Inactive" status for electors. Changes when elector information cards are mailed by the county clerk and recorder and specifies that such cards are mailed to active registered electors. Requires such cards to be mailed by forwardable mail instead of nonforwardable mail. Makes designation of an elector's registration record as "inactive" discretionary, rather than mandatory, when such card is returned as undeliverable.
Modifies the elections that an "Inactive" elector may vote in and the locations and elections at which an elector may change from "Inactive" to "Active" status. Eliminates the clerk and recorders' duties in connection with certain returned mail and absentee ballots. Requires that an "Inactive" elector must vote in any election conducted by the clerk and recorder, rather than 2 consecutive elections, to be deemed "Active".
Changes "continuance card" to "confirmation card" and changes when such cards are mailed. Modifies the contents of a confirmation card and when an inactive elector's registration is canceled for lack of response to such card. Changes when the list of electors whose names were canceled is furnished to county chairpersons.
Felony conviction. Provides for notice to the secretary of state by the United States attorney of the conviction of an elector of a felony in federal court. Requires the secretary of state to notify the county clerk and recorder of the county where the offender resides and for the county clerk and recorder to cancel the registration of such elector.
Makes the following changes to provisions relating to registration of electors, the master list of electors, call and notice of an election, and mail registration and registration at voter registration agencies:
Deletes deferred registration and specifies that registration may be made with the clerk and recorder or municipal clerk at any time but that only those electors who are registered to vote for at least 29 days before an election may vote at that election. Allows registration at any office maintained by the county clerk and recorder. Specifies that the registration of a nonresident must be forwarded to the clerk and recorder of the county of residence. Makes a conforming amendment to the questions answered by an elector related to elimination of signing a notice of registration form.
Eliminates mobile registration sites. Clarifies that changes to voter registration made at driver's license examination facilities during the last week for registration must be forwarded on a daily basis to the appropriate county. Allows an elector to make a change of address prior to an odd-numbered year election with the clerk and recorder and at the polls. Deletes the election judge signature requirement in connection with such a change.
Removes the date of naturalization from those items kept on the master list of electors. Requires the clerk and recorder to transfer a list of registered electors to the secretary of state prior to odd-numbered year elections. Modifies the information that the county clerk and recorder transmits to the secretary of state each month in connection with maintenance of the master list. When an elector is registered in more than one precinct, requires, rather than allows, the elector to vote in the precinct of most recent registration. Deletes certain procedures related to registration in multiple precincts.
Specifies the date of registration when a timely received registration by mail has no postmark. Replaces reference to "continuation" notice with "confirmation" notice.
Requires the voter information card to be mailed 25 days before the general election, rather than between 29 days before and 30 days after the primary election.
Conforms the pertinent municipal election provision to the election code change that specifies that registration may be made with the county clerk and recorder or municipal clerk at any time.
APPROVED by
Governor April 24, 1997
EFFECTIVE July 1,
1997
H.B. 97-1235 Election ballots - conduct of elections - mail ballot elections - absentee voting - early voting - counting ballots - ballot issue explanation. Adds primary and odd-numbered year elections to those elections for which the county clerk and recorder provides ballots. Changes when the ballots must be printed and in the possession of the county clerk and recorder prior to such elections.
Makes the division of a ballot into a stub and a duplicate stub discretionary rather than mandatory. Specifies that a duplicate stub is not required for a ballot prepared for a mail ballot election. Eliminates requirements relating to detaching and initialing the duplicate stub by the election judge. Modifies ballot privacy envelope requirements related to stubs. Eliminates, as preliminary requirements to the elector's depositing a ballot in the ballot box, delivery of the ballot to the election judge, announcement by the judge of the elector's name, and matching the stub number against the registration list.
Changes those electors who are mailed a mail ballot packet from eligible electors to active registered electors. Adds electors who are listed as "Inactive" to those electors who may obtain a mail ballot at the designated election official's office.
Modifies the return envelope that is delivered with absentee ballot materials. Replaces writing or stamping the elector's ballot stub number on the elector's registration record with recording the ballot number before transmittal of an absentee ballot or allowing the elector to vote. Eliminates the absentee ballot stub number from information included on the list of absentee ballots.
Deletes "ADDRESS CORRECTION REQUESTED" from the required marking on an envelope containing absentee ballot materials. When absentee ballots are sent to a group facility, eliminates a request by a major political party as a prerequisite to having a committee representing the county clerk and recorder and the major political parties deliver and return such ballots, and requires such committee to include political party representatives only if available.
Modifies the notation made by the designated election official on an envelope containing an absentee ballot. Permits requests for emergency absentee ballots to be made by 7 p.m., instead of 5 p.m., on the day of the election. Eliminates verification of an elector's name by comparing the name on the return envelope containing the absentee ballot with the office precinct record.
Reduces the period of time during which early voting is available from 21 days to 10 days before a presidential primary election or a primary election and from 21 days to 15 days before a general election. Allows a county clerk and recorder, under certain circumstances, to establish additional early voters' polling places.
Eliminates the requirement that an election judge announce the name of the absentee voter before opening an absentee ballot. Allows an election judge to verify the name of an absentee voter in the pollbook.
Specifies that the explanatory language on the ballot preceding ballot issues is printed one time at the beginning of those measures.
APPROVED by
Governor March 31, 1997
EFFECTIVE August 6,
1997
NOTE: This act was
passed without a safety clause. It shall take effect at 12:01 a.m. on the day following the
expiration of the ninety-day period after final adjournment of the general assembly that is
allowed for submitting a
referendum petition pursuant to article V, section 1 (3) of the state constitution; except that,
if a referendum petition is
filed against this act or an item, section, or part of this act within such period, then the act,
item, section, or part, if
approved by the people, shall take effect on the date of the official declaration of the vote
thereon by proclamation of
the governor.
H.B. 97-1354 Reapportionment computer systems - appropriation. Directs the legislative council to develop a computer system for use in court-ordered reapportionment. Authorizes contracts for hardware, software, and computer services. Directs that the data base include 1990 population figures, 1988 and 1990 election data, and the geographic area encompassed by house districts 44, 45, 46, 47, 60, and 61. Requires the system to be ready for use during the 1997 interim. Appropriates $400,000 out of the general fund to the legislative council for the development of the computer system.
In order to facilitate the preparation of a computer data base for use in reapportionment after the census in the year 2000, requires counties to establish precinct boundaries which shall remain in effect for the next two general elections. Provides that such precincts shall be established no later than 29 days prior to precinct caucus day in 1998, or, in counties affected by the court-ordered reapportionment, within 2 weeks after court approval of the reapportionment plan. Allows subdivision of such precincts within established boundaries.
APPROVED by
Governor May 27, 1997
EFFECTIVE May 27,
1997
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