Digest of Bills - 2001

---

ELECTIONS
S.B. 01-25 Initiatives and referendums - ballot information booklet - fiscal impact statements for all initiated and referred measures. Removes the provision that fiscal impact statements shall be provided for initiated or referred measures with significant fiscal impacts and states that the director of research of the legislative council of the general assembly shall prepare a fiscal impact statement for all initiated or referred measures. Specifies that fiscal impact statements for initiated or referred measures shall be similar in form and content to the fiscal notes provided by the legislative council of the general assembly for legislative measures. States that a complete copy of the fiscal impact statement for each initiated or referred measure shall be available through the legislative council of the general assembly.

        States that the ballot information booklet shall indicate whether there is a fiscal impact for each initiated or referred measure and shall include an abstract of the fiscal impact statement for every measure. Requires that the abstract include an estimate of the effect the measure will have on state and local government revenues, expenditures, taxes, and fiscal liabilities if the measure is enacted. For any initiated or referred measure that modifies the state tax laws, requires the abstract of the fiscal impact statement to include an estimate of the impact to the average taxpayer, if feasible, if such measure is enacted.

APPROVED by Governor March 28, 2001
EFFECTIVE August 8, 2001
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see the note from page vi of this digest.

S.B. 01-132 Election ballots - recount - time - procedure. Expands the period for completing a mandatory recount of election ballots from 21 days to 30 days, to match the period for completing a recount requested by an interested party, for the following elections:

• Congressional, state, and district offices, state ballot questions, and state ballot issues;
• Other offices, ballot issues, and ballot questions in an election coordinated by the county clerk and recorder;
• Nonpartisan elections not coordinated with the county clerk and recorder.
• Specifies that when there is a recount of ballots cast, unless otherwise directed by the secretary of state, the ballots cast shall be recounted utilizing the identical procedures, methods, and processes that were utilized for the original count of the ballots cast.

APPROVED by Governor April 9, 2001
EFFECTIVE August 8, 2001
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see the note from page vi of this digest.

H.B. 01-1070 Fair Campaign Practices Act - electronic filing - reports filed with county clerk and recorder. Requires a candidate committee, political committee, issue committee, and political party to include, when registering with the appropriate officer, a statement of any intent to electronically file reports required by the "Fair Campaign Practices Act" (FCPA) that may be filed electronically on a web site operated and maintained by the secretary of state. No later than January 1, 2002, requires the secretary of state to modify the existing system that allows electronic filing of FCPA reports required to be filed with the secretary of state or create a new system to enable electronic filing, through utilization of the Internet, of reports required to be filed with a county clerk and recorder.

        Before January 1, 2006, allows each county clerk and recorder who has the technology available to access the internet to use the electronic filing system to transmit any FCPA report filed with the clerk and recorder to the secretary of state. On and after January 1, 2006, requires each county clerk and recorder to use the electronic filing system to transmit any FCPA report filed with the clerk and recorder to the secretary of state. Requires a county clerk and recorder to convert any report that is not electronically filed into electronic format before transmitting the report to the secretary of state.

        Before January 1, 2006, allows any person required to file an FCPA report with a county clerk and recorder to electronically file the report if the county clerk and recorder with whom the report must be filed has the technology available to access the Internet. On and after January 1, 2006, allows any person required to file an FCPA report with a county clerk and recorder to electronically file the report.

        No later than January 1, 2002, requires the secretary of state to post on an existing or new web site, for free read-only access, campaign reports required to be filed under the FCPA with a county clerk and recorder that are electronically transmitted to the secretary of state or electronically filed on the electronic filing system. Requires the secretary of state to post any such report no later than 48 hours after receiving the report in electronic form. Authorizes the secretary of state to promulgate rules governing the posting and electronic filing of campaign reports.

        Specifies that the new requirements relating to electronic filing and posting of campaign reports shall not be construed to require the secretary of the state to review reports electronically filed by persons required to file reports with a county clerk and recorder or to impose any new enforcement duties upon the secretary of state.

        Makes an appropriation to the department of state from the department of state cash fund.

APPROVED by Governor June 1, 2001
EFFECTIVE August 8, 2001
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see the note from page vi of this digest.

H.B. 01-1274 Uniform Election Code - miscellaneous revisions - clarifications. Makes the following miscellaneous revisions and clarifications to the election laws of the state:

• Clarifies that the regular terms of office of all nonpartisan officers elected at regular elections is to commence at the next meeting of the governing body following the date of the election. Further clarifies that, if the election is cancelled in whole or in part, the regular term of a nonpartisan officer shall commence at the next meeting of the governing body following the date of the regular election but no later than 30 days following the date of the regular election and upon the signing of an oath and posting of a bond, where required, unless otherwise provided by law.
• Clarifies that a precinct caucus may be held in a private home that is open to the public during the caucus, and not just in a public place as provided under existing law. Specifies that any private home in which a precinct caucus is to be held shall be accessible to persons with disabilities in accordance with the rules of the county central committee or executive committee of each political party. Specifies that the rules shall specify guidelines for determining whether a private home is accessible to person with disabilities and for determining controversies regarding such disability.
• Clarifies that each presidential elector shall vote for presidential and vice presidential candidates by separate ballot in accordance with article XII of the United States constitution.
• Clarifies that one or more sheets of petitions for a candidate seeking to obtain ballot access by petition may be fastened together to form one petition section, and that each petition section is to contain one sworn affidavit of the petition circulator.
• Clarifies that, to circulate any petition for candidacy and recall, an eligible elector shall be entitled to vote in the voting district for the office for which the petition is being circulated.
• Clarifies that, in the case of a petition or certificate of designation, the statement used to calculate the end of the protest period is the election official's statement of sufficiency. Further clarifies that in the case of a certificate of designation the certificate is deemed sufficient unless a protest is made in writing within 5 days after the certificate is filed with the designated election official.
• Adds as a required element of the certificate of designation to be filed with the designated election official by the minor political party nominating candidates the date on which the assembly was held at which the candidate was designated.
• Requires election precincts to be numbered with a 10 digit, instead of an 8 digit, number. Specifies the digits of such number that indicate the county in which the precinct is located.
• Clarifies that the notification by a political subdivision that it has taken formal action to participate in a coordinated election shall be in writing.
• Specifies that the verification return envelope contained within the mail ballot packet to be used in the conduct of mail ballot elections is to be referred to as a return-verification envelope. Requires the return-verification envelope to have printed on its face a self-affirmation to be executed by the voter. Specifies the content of the self-affirmation.
• Requires the designated election official to appoint those electors certified by the county party chairpersons of the major political parties to the designated election official as absentee receiving judges and absentee counting judges. Specifies that, if an elector is not willing or able to serve, then the major political party that certifies the elector may certify a replacement judge to the designated election official. Specifies that, if the major political parties do not certify a sufficient number of absentee receiving and counting judges, the designated election official may appoint a sufficient number of qualified electors to serve as absentee receiving and counting judges.
• Clarifies that one or more sheets of petitions for the recall of an elected official may be fastened together to form one petition section, and that each petition section is to contain one sworn affidavit of the petition circulator.
• Clarifies that, when a special district director election is cancelled in whole or in part, each director who was declared elected shall take the required oath within 30 days after the date of the regular election, except for good cause shown.
• Conforms statutory provisions pertaining to the nomination of special district directors to procedures under the "Uniform Election Code of 1992".

APPROVED by Governor June 5, 2001
EFFECTIVE August 8, 2001
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see the note from page vi of this digest.

H.B. 01-1307 Voter registration and election management system - appropriation. Directs the department of state to develop or acquire a computerized voter registration and election management system to replace the consolidated data processing system maintained by the department of revenue. Permits county clerks and recorders who currently use the consolidated data processing system to use the new system without charge. Permits other county clerks and recorders to use the new system for a fee. Authorizes the department of state to transfer ownership of any system hardware it provides to the county clerk, who is responsible for its maintenance.

        Makes the department of state responsible for paying for the development or acquisition of the new system and the costs of maintenance and training and counties for paying for any hardware and Internet service costs.

        Directs the department of state to provide Internet access to the master list of electors for counties that do not use the new system. Requires the department of revenue to provide access to the master list of electors on its telecommunications network for counties that do not use the new system and are unable to access the list by Internet. Requires the departments of state and revenue to enter into a memorandum of understanding under which the department of state will reimburse the department of revenue for the cost of providing this service.

        Appropriates $786,915 from the cash fund reserves in the department of state cash fund and $511,320 from the department of state cash fund for the implementation of this act. Adjusts appropriations to the department of revenue and the department of state in the general appropriation act.

APPROVED by Governor May 18, 2001
PORTIONS EFFECTIVE May 18, 2001, January 1, 2002

H.B. 01-1390 Fair Campaign Practices Act - penalty for failure to file required information - appeal of imposition of penalty - repeal of provision allowing entities that utilize electronic filing system 2 additional days to file reports - acknowledgment of receipt of filing by electronic means. Increases the penalty imposed per day for failure to file certain statements or other information required to be filed under specified sections of the "Fair Campaign Practices Act" from $10 to $50, up to a limit of $1,000 per reporting period. Clarifies that, upon imposition of the penalty, the appropriate officer is to send the person against whom the penalty is being imposed proper notification by mail of the imposition of the penalty. Requires the secretary of state to provide the notification by electronic mail where an electronic mail address is on file with the secretary.

        Permits any person against whom a penalty has been imposed to appeal such imposition by filing a written appeal with the secretary of state no later than 30 days after the date on which the notification of the imposition of the penalty was mailed to the person's last known address. Requires the secretary to refer any such appeal to an administrative law judge; except that, upon receipt of an appeal, the secretary is required to set aside or reduce the penalty upon a showing of good cause. Specifies certain procedures to be followed in connection with the appeal. Requires the administrative law judge to order the complainant to pay the reasonable and necessary attorney fees and costs of the secretary in connection with the appeal where the judge finds that the filing of the appeal was frivolous, groundless, or vexatious.

        Clarifies that any unpaid debt owing to the state resulting from the imposition of such penalty shall be collected by the state in accordance with the requirements of existing statutory provisions governing the collection of debts owing to the state.

        Repeals the statutory provision granting committees or political parties that utilize the electronic filing system for filing reports of contributor information 2 additional days after the prescribed due dates in which to file such reports, effective January 1, 2007.

        Where a person uses the electronic filing system to meet the filing requirements of the "Fair Campaign Practices Act", requires the secretary of state to acknowledge by electronic means the receipt of such filing.

APPROVED by Governor June 5, 2001
EFFECTIVE September 1, 2001
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see the note from page vi of this digest.

The information on this page is presented as an informational service only and should not be relied upon as an official record of action or legal position of the State of Colorado, the Colorado General Assembly, or the Office of Legislative Legal Services.