S.B. 98-133 Fair Campaign Practices Act - contributions to candidate committees - undeclared candidates - acceptance of contributions - unexpended campaign contributions - definition - additional permissible uses. Specifies that a person who remains a candidate after an election cycle by reason of the maintenance of a registered candidate committee, but who has not publicly announced an intention to seek election to public office in the next or any subsequent election cycle, is an undeclared candidate. Provides that an undeclared candidate who is an elected and serving state officeholder may maintain a candidate committee during his or her term of office and accept contributions, subject to applicable contribution limits, for any permissible use of unexpended campaign contributions.
Defines "unexpended campaign contributions" as the balance of funds on hand in any candidate committee at the end of an election cycle, less the amount of all unpaid monetary obligations incurred prior to the election in furtherance of such candidacy. Provides that, in addition to the existing permissible uses of unexpended campaign contributions, an elected official may use unexpended campaign contributions for any of the following purposes:
APPROVED by Governor May 27, 1998
EFFECTIVE May 27, 1998
S.B. 98-145 Election judges - appointment and selection - number - vacancies - duties. Changes the eligibility qualifications for election judges by allowing registered electors who reside in the county to serve as election judges for partisan elections in any precinct in the county rather than only the precinct in which they reside. Prohibits a candidate or member of a candidate's immediate family from serving as an election judge in the candidate's precinct. Requires that an election judge in a nonpartisan election that is not coordinated by the county clerk and recorder be a registered elector of the political subdivision for which the election is being held.
Requires those persons recommended as election judges by the county chairperson of a major political party to complete and file an acceptance form rather than a certification of qualification with the county clerk and recorder or the designated election official. Relocates the requirement that a county clerk and recorder or the designated election official hold a class of instruction concerning the tasks of an election judge and a special school of instruction concerning the tasks of a supply judge not more than 20 days prior to each election. Requires each person appointed as an election judge to attend the class of instruction prior to each election in which the person will serve as an election judge.
For partisan elections, relocates the provision that allows a precinct committeeperson to submit a list of registered electors recommended to serve as election judges and an order of preference for those registered electors directly to the county clerk and recorder if there is no county chairperson.
Changes the starting date of an election judge's term from the date of appointment to the last Tuesday of May in even-numbered years. Changes the ending date for such term from 2 years from the date of appointment to the last Monday of May in the next even-numbered year or until the designated election official appoints a replacement, whichever is earlier.
Modifies the method of confirmation and acceptance of election judge appointments by requiring the designated election official to mail each appointee a certification of appointment and an acceptance form. Requires each person appointed to file the acceptance form within 7 days. Authorizes the designated election official to determine that a vacancy has been created if a person appointed as an election judge fails to file the acceptance form or fails to attend the required class of instruction. Provides for the appointment of election judges if the county chairperson or committeeperson does not submit enough names.
Changes the method by which the major political parties divide an odd number of election judges from designating all even-numbered precincts to one major political party and all odd-numbered precincts to the other party, to allocating one-half of the precincts to each party, as determined by the county clerk and recorder. Provides that, if an odd number of precincts exists, the county clerk and recorder shall determine which major political party is entitled to any extra election judge either by mutual consent of the major political parties or by lot.
Changes the required number of election judges in nonpartisan elections from 3 to 2. Authorizes the designated election official and, for partisan elections, the county clerk and recorder to appoint additional election judges as needed to perform other duties.
Authorizes the county chairperson of a major political party to preemptively remove an election judge who is not faithfully or fairly representing the party or who has moved from the county rather than the county clerk and recorder. Provides that a partisan election may commence when 2 election judges who are not of the same political affiliation are present rather than 1 judge from each major political party.
Clarifies that service as an election judge is not employment for purposes of employment security.
APPROVED by Governor April 30, 1998
EFFECTIVE April 30, 1998
S.B. 98-193 Rocky mountain presidential primary task force - vacancies in general assembly. Requires 6 members from Colorado to serve on any rocky mountain presidential primary task force that is established. Specifies that the members shall include one republican and one democrat appointed by the governor, the majority and minority leaders of the house of representatives or their designees, and the majority and minority leaders of the senate or their designees. Requires the governor to appoint members to a rocky mountain presidential task force within 30 days following the establishment of such task force.
Requires the members appointed to the rocky mountain presidential primary task force to cooperate with task force members from other states in making recommendations to the states represented on the task force regarding:
States that such recommendations shall not be binding or operational in Colorado unless ratified and approved in separate legislation by the general assembly. Repeals the statutory provisions relating to the rocky mountain presidential primary task force on July 1, 2000.
With respect to a meeting of a vacancy committee that is selecting a person to fill a vacant seat in the general assembly, reduces the number of voting members of the vacancy committee necessary to constitute a quorum from 2/3 to 1/2 of the voting membership of the committee.
APPROVED by Governor May 26, 1998
EFFECTIVE May 26, 1998
H.B. 98-1105 Local government elections - "Fair Campaign Practices Act" - reporting requirements - issue committees. Defines "appropriate officer" as the individual with whom a candidate or committee must file, depending on the office or election, for purposes of meeting the FCPA's filing and reporting requirements. Specifies that committees and political parties that are required to file reports with the municipal clerk or the county clerk and recorder must report contributions and expenditures to the appropriate officer instead of with the secretary of state. Changes the reporting date for reports that are to be filed with the county clerk or recorder or the municipal clerk. Requires committees and political parties that must report to the municipal clerk or county clerk and recorder to register the committee or political party with the appropriate officer instead of with the secretary of state.
Expands the measures that an issue committee may organize to support or oppose from any ballot initiative and referendum to any ballot issue or ballot measure.
APPROVED by Governor April 10, 1998
EFFECTIVE April 10, 1998
H.B. 98-1110 Minor political parties - formation - ballot access - candidates - vacancies. Requires a minor political party to adopt a constitution or set of bylaws containing information relating to: Candidate nominations; conventions; member, delegate, and officer selection; filling vacancies; the powers and duties of officers; state and county organizational structure; and amendments to the constitution or bylaws. Requires a minor political party to file its constitution or bylaws with the secretary of state to be qualified as a minor political party. Allows a minor political party to nominate candidates for presidential elector, United States senator and representative, and certain state and county offices.
Allows a minor political party to nominate candidates by filing a petition signed by at least 10,000 registered electors with the secretary of state no later than May 1 of the election year for which the party seeks to nominate candidates. Lists requirements for the form and contents of such petition. Establishes procedures for determining the sufficiency of such petitions.
Allows a minor political party to nominate candidates without filing a petition if any of the party's candidates for any office voted on statewide election in either of the last 2 preceding general elections received at least 5% of the total votes cast for such office or 1,000 or more registered electors are affiliated with the party prior to July 1 of the election year for which the party seeks to nominate candidates. Allows an existing qualified minor political party to remain qualified to nominate candidates if any of the party's candidates for statewide office received at least 1% of the total vote cast for any statewide office in either of the last 2 preceding general elections or 1,000 or more registered electors were affiliated with the party prior to July 1 of either of the preceding 2 general election years for which the party sought to nominate candidates.
Requires the secretary of state to notify the chairperson of a minor political party and the clerk and recorder of each county of the state if the party ceases to meet the requirements of a qualified minor political party by July 1 of an election year in which a minor political party may qualify candidates for the ballot. Prohibits the secretary of state from accepting any certificate or designation of candidates from a minor political party for any election for which the party has ceased to qualify. States that all registered electors of a disqualified minor political party shall be listed on the registration books of the appropriate county clerk and recorder as "unaffiliated".
Establishes procedures for minor party candidate nomination. States that a minor party nomination of a candidate shall be valid only if the nominee is a registered elector, has been affiliated with the party for the 12 months immediately preceding the date of nomination, and has not been registered as a member of a major political party in the 12 months immediately preceding the date of nomination.
Modifies definitions of "major political party", "minor political party", and "political party". States that only major political parties may nominate candidates in a primary election. Specifies that vacancies in a nomination by a minor political party and in certain offices held by persons affiliated with a minor political party are filled pursuant to that party's constitution or bylaws. Makes modifications regarding the arrangement of names on ballots for partisan elections.
APPROVED by Governor April 13, 1998
EFFECTIVE April 13, 1998
H.B. 98-1188 Contributions by lobbyists - political party fund-raising events during session - contribution to party - gift to incumbent or candidate - spending limits - when accepted - reporting periods and due dates - campaign volunteers - sanctions - immunity. Specifies that a payment by a lobbyist or a principal of a lobbyist to participate in a political party fund-raising event is a contribution from the lobbyist to the party and must be reported as such. Provides that, if a meal is received in return for a portion of that payment, only the amount in excess of the value of the meal is a contribution to the political party. Requires the political party to determine the value of the meal.
Provides that a gift of a meal at a political party fund-raising event by a lobbyist or principal of a lobbyist to an incumbent in or a candidate elected to a state office must be reported by the lobbyist in the lobbyist disclosure statement and by the incumbent or candidate in the public official disclosure statement. Adds such a meal to the items that must be included in both statements.
Allows a candidate to accept voluntary spending limits at the time of filing a candidate affidavit instead of at the time of registering a candidate committee.
Specifies when reporting periods close and the dates on which such reports must be filed.
Provides that a volunteer for a candidate or candidate committee is immune from criminal prosecution and from liability for a fine or penalty in any proceeding based on an act or omission of the volunteer if the volunteer was acting in good faith and within the scope of the volunteer's duties and the violation was not caused by willful and intentional misconduct of the volunteer.
APPROVED by Governor May 27, 1998
EFFECTIVE May 27, 1998
H.B. 98-1230 Absentee ballots - self-affirmation on return envelope. Eliminates the requirement that an absentee voter provide his or her residence address in the self-affirmation on the return envelope for an absentee ballot.
APPROVED by Governor March 16, 1998
EFFECTIVE March 16, 1998
H.B. 98-1359 Election law modifications - petitions - campaign contributions - voting precincts - county assemblies. Allows the designated representatives of the proponents of an initiative petition to withdraw the petition from consideration as a ballot issue by filing a letter requesting such withdrawal with the secretary of state no later than thirty-three days prior to the election at which the initiative is to be voted on. States that an appeal to the supreme court of a title board decision regarding an initiative petition shall be "disposed of promptly, consistent with the rights of the parties" rather than "docketed as a cause there pending, which shall be placed at the head of the calendar and disposed of summarily". On and after January 1, 1999, requires a candidate petition for a candidate for statewide office to be signed by at least one thousand five hundred eligible electors in each congressional district. Requires circulators of candidate petitions to be affiliated with the political party mentioned in the petition at the time the petition is circulated rather than for at least 2 months prior to the date of filing the petition.
Prohibits a lobbyist or the principal of a professional lobbyist from making a political contribution to the lieutenant governor, the secretary of state, the state treasurer, the attorney general, or a candidate for any such office while the general assembly is in regular session. Grants immunity from prosecution for a "Fair Campaign Practices Act" violation to a person volunteering on behalf of a candidate for public office or candidate committee if such person acted in good faith and within the scope of his or her official functions and duties as volunteer and the violation was not caused by willful and intentional misconduct.
Allows a county executive committee of a political party to fix the time and place of a precinct caucus and the number of delegates from each precinct to participate in a county assembly. Allows a county executive committee to allocate the number of delegates from precincts that have been created or split since the previous general election based on the number of registered voters affiliated with the political party, pursuant to the state party central committee's bylaws or rules. States that candidate petitions for candidates for county office shall be signed by "electors eligible to vote" rather than "eligible electors". Allows the election official of a precinct containing no more than 150 electors to designate such precinct as an absentee polling precinct.
APPROVED by Governor May 6, 1998
EFFECTIVE May 6, 1998
H.B. 98-1363 Voter registration - last four digits of social security number. Provides that each elector who registers to vote may provide the last 4 digits of the elector's social security number. Requires county clerk and recorders to request electors to provide either the last 4 digits of or the elector's complete social security number, if the elector wishes to state the number, when the voter registration records do not contain that information. Specifies that this request be made in written communications from the county clerk and recorder to the elector at regular and early voters' polling places and in the absentee ballot application form.
Specifies that an elector is not prohibited from voting for failure to provide either the last 4 digits of or the elector's complete social security number. Requires that these numbers be held confidential and not be published or open to public inspection.
BECAME LAW April 14, 1998
EFFECTIVE April 14, 1998
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