S.B. 02-79 State and political subdivisions - unlawful contributions and expenditures - penalties. Specifies that if the state or a political subdivision makes a campaign contribution or expends public moneys to urge electors to vote in a particular manner in violation of state law, the state or political subdivision is subject to sanctions authorized under the "Fair Campaign Practices Act" or any appropriate order or relief, including injunctive relief or a restraining order to enjoin the continuance of the violation.
APPROVED by Governor April 15, 2002
EFFECTIVE August 7, 2002
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi
of this digest.
S.B. 02-139 Voting by absentee ballot by electronic means - members of the United States armed forces stationed outside of the United States. Requires the designated or coordinated election official for a county or other political subdivision, as applicable, that meets the requirements specified in rules promulgated by the secretary of state to provide an absentee ballot by electronic means to an eligible elector who:
Authorizes the eligible elector to return the voted ballot to the designated or coordinated election official by electronic transfer. Specifies that, in order to be counted, the returned ballot shall be received in the office of the designated or coordinated election official by 7 p.m. on election day. Specifies that, once the ballot is received by the designated or coordinated election official, a bipartisan team of judges shall duplicate the ballot, and the ballot shall be counted as all other absentee ballots. Forbids duplicating judges from revealing how the elector has cast his or her ballot.
Requires any elector who completes an absentee ballot to be informed in the instructions for completing the ballot that the ballot is not a confidential ballot. In handling a returned ballot, requires that all reasonable means be taken to ensure that only the receiving judge is aware of information connecting the elector to the returned ballot.
Authorizes the secretary of state to prescribe by rule any procedures or requirements as may be necessary to implement the act.
APPROVED by Governor April 12, 2002
EFFECTIVE July 1, 2002
H.B. 02-1061 Absentee ballot - application. Specifies that applications for absentee ballots shall include, in addition to existing requirements, the applicant's printed name and, if the applicant wishes to receive the absentee ballot by mail, the applicant's mailing address.
Requires applicants who wish to receive absentee ballots by mail to file the application no later than the Tuesday before the election.
Prohibits any person from giving to any eligible elector a form to apply for an absentee ballot unless the form prompts the applicant to provide all the information required for an absentee ballot application and contains a statement specifying the required information. States that violation of this requirement is an election offense punishable by law.
APPROVED by Governor June 7, 2002
EFFECTIVE June 7, 2002
H.B. 02-1156 Recall elections - campaign finance disclosure reporting requirements - candidates, candidate committees, and issue committees. Requires candidates and candidate committees in recall elections to file reports of contributions and expenditures 14 and 7 days before the recall election and 30 days after the recall election. Requires issue committees in recall elections to file committee registrations with the appropriate officer within 10 business days after receiving their first contribution, and requires reports of contributions and expenditures to be filed with the appropriate officer within 15 days of the filing of the committee registrations and every 30 days thereafter until the date of the recall election is established and then 14 days and 7 days before the recall election and 30 days after the recall election.
Specifies that an issue committee includes 2 or more persons who are elected, appointed, or chosen, or have associated themselves, for the purpose of accepting contributions or making expenditures to support or oppose the recall of an elected official in a recall election.
APPROVED by Governor April 3, 2002
EFFECTIVE April 3, 2002
H.B. 02-1179 Definitions of "candidate" and "candidate committee" under the "Fair Campaign Practices Act". In connection with the definition of "candidate" for purposes of the "Fair Campaign Practices Act" (FCPA), clarifies that a person is a candidate for election if the person has either publicly announced an intention to seek election to public office or retention of a judicial office or has received a contribution in support of the candidacy.
In connection with the definition of "candidate committee" for purposes of the FCPA, clarifies that such committee means a person or persons with the common purpose of either receiving contributions or making expenditures under the authority of a candidate.
Makes the act applicable to any portion of any election cycle remaining after July 1, 2002, and for any election cycle or calendar year commencing after July 1, 2002, whichever is applicable.
APPROVED by Governor June 7, 2002
EFFECTIVE July 1, 2002
H.B. 02-1307 Voter registration - information sharing - candidate petitions - notice of elections - ballots produced on demand - write-in candidates - election judges and watchers - testing of voting equipment - mail ballots - absentee ballots - provisional ballots and emergency registration - deadlines for action by secretary of state, election officials, and canvass boards - recall petitions - records and affidavits filed under FCPA - gifts and grants to department of state - appropriation. Makes the following changes to certain provisions of the Colorado election laws:
Qualifications and Registration of Electors
Permits a voter who made an emergency registration to vote to cast a provisional ballot. Allows a voter who changed registration on election day to cast a provisional ballot at the polling place or in the office of the county clerk and recorder.
Directs the departments of state and revenue to allow sharing of information between their systems for collecting residence addresses, signatures, and party affiliation in order to maintain the master list of registered electors.
Candidate Petitions
Eliminates the requirement that a person signing a nominating petition for a candidate state that he or she intends to vote for that candidate in the primary election.
Notice and Preparation for elections
Consolidates provisions on notice of elections. States that the publication of notice by the county clerk and recorder for a coordinated election satisfies the notice requirements for all political subdivisions participating in the election.
Removes the requirement of postcard notice in nonpartisan elections, permitting the election official to give notice by postcard at the official's discretion.
States that ballots produced on demand need not have ballots stubs so long as the number of such ballots can be reconciled by the ballot processing system. States that the number of blank spaces on ballots for write-in candidates shall be the lesser of the number of declared write-in candidates or the number of persons to be elected to the office. Requires that if there are no duly nominated or declared write-in candidates for an office, the ballot shall indicate that there are no candidates.
Election Judges
Requires each election judge to attend one instruction class before the first election in the cycle at which he or she will serve as an election judge. Permits the county clerk and recorder or other election official to require election judges to attend more than one class per election cycle. Permits minor political parties to recommend election judges to the county clerk and recorder. Permits unaffiliated voters to notify the county clerk and recorder of their willingness to serve as election judges. Requires designated election officials to appoint election judges from among persons recommended by minor political parties and unaffiliated voters if the major political parties recommend an insufficient number of election judges. Permits county clerks to fill vacancies in election judge positions from among persons recommended by minor political parties and unaffiliated voters. Removes the maximum amount of compensation that election judges may receive for their services.
Conduct of elections
Entitles minor political parties to have watchers in precinct polling places and all political parties to have watchers in places where votes are counted. Permits minor political parties to participate in testing of electronic vote-counting equipment. Reduces the minimum number of test ballots used by representatives of political parties and certain designated election officials to 25.
Mail Ballot elections
Requires that any depository for mail ballots be designated by the county clerk and recorder or other designated election official and located in a secure place under the supervision of an authorized person.
Absentee and Early Voting
Eliminates the ability of a family member to sign an application for an absentee ballot on behalf of the applicant. Specifies that no one person other than a duly authorized agent of the designated election official may receive more than 5 absentee ballots in any election for mailing or delivery.
Requires a receiving judge in an election coordinated by the county clerk and recorder to compare the signature on the self-affirmation of an absentee ballot with the signature of the elector on file in the county clerk and recorder's office before opening the ballot. States that the signatures should be compared in the same manner that signatures on mail ballots are compared.
Specifies that the self-affirmation on an absentee ballot is valid if:
Provisional Ballots
Allows voters who claim to be properly registered but whose qualification to vote cannot be immediately established to cast provisional ballots. Directs that provisional ballots be sealed in envelopes and delivered to the county clerk and recorder or designated election official. Requires instructions on the voting and handling of provisional ballots to be printed on provisional ballot envelopes. Requires polling places to have sufficient provisional ballots on hand. Requires the election official to verify the information supplied by the voter of a provisional ballot and reject the ballot if the information cannot be verified. Allows voters who have been sent absentee ballots but not returned them to cast provisional ballots. States that if a voter returns the absentee ballot, the provisional ballot shall not be counted, and that the county clerk and recorder shall refer suspected cases of intentional or fraudulent duplicate voting to the district attorney. Permits challenges of provisional ballots.
Survey of Returns - Recounts
Increases the number of days after an election:
Allows minor political parties and unaffiliated candidates to designate watchers to observe county canvass boards. Requires all sections of a recall petition to be filed simultaneously.
Fair Campaign Practices Act
States that a candidate committee in a special district election is not required to file reports under the fair campaign practices act (FCPA) until it has received contributions or made expenditures exceeding $20.
Requires candidates in special district elections and the committees that support or oppose them, with the exception of candidates for director of the regional transportation district, to file reports under the FCPA with the clerk and recorder of the county in which the district court having jurisdiction over the special district is located.
Eliminates the requirement to keep reports filed under the FCPA as permanent records, leaving in place the separate requirement to keep such reports for one year after the date of filing or one year after the candidate leaves office.
Permits candidates in special district elections to file a copy of their self-nomination and acceptance form or letter in lieu of the candidate affidavit, so long as such form or letter states that the candidate is familiar with the provisions of the FCPA. States that candidates in municipal elections need not file a separate affidavit under the FCPA if they have filed an affidavit under the municipal election code stating that they are familiar with the provisions of the FCPA.
Department of State
Authorizes the department of state to receive and expend gifts and grants, including federal funds, for the purpose of exercising the powers and performing the duties of the secretary of state regarding the conduct of elections. States that the department may provide matching funds to receive any such gift or grant, subject to appropriation by the general assembly.
Repeals the provision allowing absentee ballots to be counted using voting lever machines.
Appropriates $174,123 and 1.5 FTE from the department of state cash fund to the department of state.
APPROVED by Governor June 7, 2002
EFFECTIVE June 7, 2002
H.B. 02-1340 2002 political party caucus and assembly dates - adjustment for reapportionment plan. For the 2002 calendar year only, makes the following changes to the political party nomination process necessitated by the redrawing of general election precinct boundaries in accordance with the court-approved reapportionment plan for senatorial and representative districts of members of the general assembly:
Makes certain legislative findings and specifies that, to the extent that such changes conflict with the rules or bylaws of the 2 major political parties, such statutory changes shall control.
APPROVED by Governor March 27, 2002
EFFECTIVE March 27, 2002
H.B. 02-1450 Governor and lieutenant governor - candidate committees - expenditures for political messages. States that expenditures for political messages by the candidate committee of a political party's nominee for governor or lieutenant governor shall not be construed as contributions or contributions in kind to the candidate committee of the other nominee.
APPROVED by Governor June 7, 2002
EFFECTIVE June 7, 2002
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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.