S.B. 04-84 Voter identification - modifications to requirements contained in the federal Help America Vote Act of 2002. Makes the following technical modifications to voter identification requirements implementing the federal "Help America Vote Act of 2002":
● Clarifies that the form of driver's license sufficient to demonstrate the elector's identification for voting purposes is a Colorado driver's license.
● In connection with proof of elector identification by means of a pilot's license, eliminates the requirement that the license contain a photograph of the eligible elector.
● In connection with the information that must be provided by an elector to register to vote in person, specifies that the elector shall provide the last 4 digits of the elector's social security number or, in the case of an elector who has been issued a current and valid Colorado driver's license, the elector's Colorado driver's license number. Requires the elector to specify whether he or she is a citizen of the United States instead of whether he or she is a native-born or naturalized citizen of the United States. Substitutes the word "gender" for the word "sex" in the question asking for the elector's gender.
APPROVED by Governor April 13, 2004
EFFECTIVE April 13, 2004
S.B. 04-153 Vote centers - combining polling places and precincts. Authorizes a designated election official to establish one or more vote centers for any election, subject to approval by the board of county commissioners. Defines "vote center" as a polling place at which any registered elector in the political subdivision holding the election may vote, regardless of the precinct in which the elector resides.
Requires each vote center to have a secure electronic connection to the computerized registration book maintained by the county clerk and recorder permitting all voting information processed by any computer at a vote center to be immediately accessible to all other computers at all vote centers in the county. States that a county may not use vote centers unless the secretary of state has certified that the secure electronic connection is sufficient to prevent any elector from voting more than once and to prevent unauthorized access to the computerized registration book.
States that precinct polling places shall not also be used in any election for which vote centers have been established, unless each precinct polling place has a secure electronic connection to exchange voting information with the computerized registration book maintained by the county clerk and recorder.
Requires the designated election official to determine the number, location, and manner of operation of vote centers in consultation with representatives of political parties.
States that a political subdivision may not use vote centers in a general election unless vote centers were used in a previous odd-year election or in a primary election held on or after January 1, 2006.
Allows a designated election official to combine polling places or precincts in any election.
APPROVED by Governor May 27, 2004
EFFECTIVE May 27, 2004
S.B. 04-213 Voter identification. Changes the definition of "identification" in the "Uniform Election Code of 1992" (election code) by deleting the requirement that a pilot's license contain a photograph of the voter and by adding the following forms of identification:
● A valid medicare or medicaid card;
● A certified copy of the voter's birth certificate, issued in the United States; and
● Certified documentation of naturalization.
Eliminates the requirement that voters who have a Colorado driver's license or identification card give the last 4 digits of their social security number in order to register to vote. Allows such voters to give either their driver's license or identification card number or the last 4 digits of the social security number.
States that the last 4 digits of a social security number shall not be considered a social security number for purposes of the federal "Privacy Act of 1974".
Allows voters registering to vote by emergency registration, who currently must show a Colorado driver's license or identification card, to show any form of identification as defined in the election code.
Allows voters to cast provisional ballots in any election. Allows voters desiring to cast a provisional ballot to show any form of identification as defined in the election code.
Specifies that the act applies to elections held on and after November 1, 2004.
APPROVED by Governor May 21, 2004
EFFECTIVE May 21, 2004
H.B. 04-1121 Campaign finance - contributions to persons involved in the political process. Authorizes a political committee to receive and accept moneys contributed to it by a corporation or labor organization for disbursement to a candidate committee or political party without depositing such moneys in an account separate from the account required to be established for the receipt and acceptance of all contributions by all committees or political parties in accordance with the state constitution.
Authorizes a candidate to accept:
● The aggregate contribution limit for a primary election at any time after the date of the primary election in which the candidate is on the primary election ballot; or
● The aggregate contribution limit for a general election at any time prior to the date of the primary election in which the candidate is on the primary election ballot.
Authorizes a candidate committee to expend contributions received and accepted for a general election prior to the date of the primary election in which the candidate is on the primary election ballot. Permits the candidate committee of a candidate who wins the primary election to expend contributions received and accepted for the primary election in the general election.
Authorizes a candidate's candidate committee to reimburse the candidate at any time for expenditures the candidate has made on behalf of the candidate committee. Specifies that any expenditure reimbursed to the candidate by the candidate's candidate committee within the election cycle during which the expenditure is made is to be treated only as an expenditure and not as a contribution to and an expenditure by the candidate's candidate committee. Regardless of when the expenditure is reimbursed, requires the expenditure to be reported at the time it is made in accordance with the reporting requirements of the "Fair Campaign Practices Act" (FCPA).
Authorizes any political committee that has registered with the federal election commission to file with the appropriate officer a copy of the registration filed with the federal election commission. Insofar as the registration contains substantially the same information required by the disclosure requirements of the FCPA, specifies that the political committee is considered to have registered with the appropriate officer for purposes of the disclosure requirements of the FCPA and is authorized to accept or make contributions as permitted by law. Specifies that any political committee that satisfies this registration requirement of the act is subject to all other legal requirements pertaining to contributions and disclosure applicable to political committees.
APPROVED by Governor May 21, 2004
EFFECTIVE May 21, 2004
H.B. 04-1227 Voting systems - testing and certification - authorization of electronic and electromechanical systems - prohibition of mechanical and punch card systems - records used in recounts - accessibility to persons with disabilities. States that the method of voting in all elections may be by paper ballots or by electronic or electromechanical voting systems. Prohibits the use of mechanical lever voting machines and punch card voting systems after January 1, 2006.
Specifies the number of electronic or electromechanical voting stations to be provided to each polling place, based on the number of active registered electors in the precinct.
Authorizes the use of electronic and electromechanical voting systems. Requires such systems to be tested independently and certified by the secretary of state. Requires all voting systems and voting equipment offered for sale in the state to comply with federal standards. States that a political subdivision is not required to replace an existing voting system in order to comply with federal standards, unless it is a punch card system.
States that the county clerk and recorder is the custodian of the voting system in a political subdivision. Authorizes the county clerk and recorder to appoint deputies to prepare and supervise the voting system.
Authorizes the governing body of a political subdivision to adopt an electronic or electromechanical voting system that is certified by the secretary of state.
Directs the secretary of state to adopt uniform rules for the purchase and sale of voting equipment in the state. States that the governing body or designated election official of a political subdivision may purchase a voting system only if it has been certified by the secretary of state. Requires the governing body or designated election official of a political subdivision to notify the secretary of state before purchasing or selling voting equipment. Directs the secretary of state to coordinate the sale of voting equipment among political subdivisions and to notify political subdivisions of the availability and sources of new and used voting equipment.
States that the secretary of state shall certify electronic and electromechanical voting systems and approve the purchase, installation, and use of such systems by political subdivisions. Directs the secretary of state to establish standards for certification of such systems.
Establishes requirements for electronic and electromechanical voting systems. States that the permanent paper record produced by an electronic or electromechanical voting system shall be available as an official record for any recount. States that a recount of votes cast on direct record electronic voting machines shall be conducted using electronic ballot images or permanent paper records, as determined by the secretary of state.
Directs the secretary of state to adopt rules establishing minimum standards for such systems. Directs the secretary of state to adapt the standards for certification of such systems to facilitate the use of new technology.
Requires each designated election official to establish written procedures to ensure the accuracy and security of voting for review by the secretary of state.
Allows the provider of an electronic or electromechanical voting system to submit the system to the secretary of state after independent testing. Directs the secretary of state to examine and test such voting systems and certify such systems if they meet the certification requirements and standards.
Requires the secretary of state to notify political subdivisions when an electronic or electromechanical voting system is certified.
Requires a designated election official who wishes to use a certified electronic or electromechanical voting system in an election to apply to the secretary of state for approval of the purchase, installation, and use of the system. Allows the secretary of state to provide technical assistance to designated election officials in the approval process.
Requires certification of modifications to a certified electronic or electromechanical voting system.
Authorizes the temporary use of electronic and electromechanical voting systems that have been independently tested but are not yet certified upon approval by the secretary of state. Directs the secretary of state to adopt rules establishing standards and procedures for temporary approval of voting systems.
When a political subdivision adopts an electronic or electromechanical voting system, requires the vendor of the system to send to the secretary of state copies of the software, manuals, and other documentation required by the secretary of state.
Directs the secretary of state to review or inspect an electronic or electromechanical voting system used by a political subdivision upon the filing of a complaint. Requires voting system providers and designated election officials to notify the secretary of state if the system malfunctions.
If a certified electronic or electromechanical voting system fails to comply with the requirements and standards for the system, directs the secretary of state to:
● Specify actions to remedy the defect in the system and direct the designated election official or voting system provider to perform such actions;
● Prohibit the use of the system or any part of the system by a political subdivision until the problem is remedied;
● Limit the use of the system or any part of the system to particular circumstances or conditions; or
● Decertify the system.
Allows a political subdivision or voting system provider to ask the secretary of state to reconsider a decision to decertify an electronic or electromechanical voting system. Upon receipt of such a request, requires the secretary of state to hold a public hearing to reconsider the decision to decertify the system. Allows the secretary of state to amend or rescind a decision to decertify a system.
States the intent of the general assembly that all state requirements for accessibility of voting systems and polling places to persons with disabilities should meet or exceed federal requirements.
Requires polling places to be made accessible to persons with disabilities and establishes standards of accessibility. Exempts emergency polling places from the accessibility requirements. Requires designated election officials to file an accessibility survey with the secretary of state before designating polling places.
Establishes standards for accessibility of voting systems to persons with disabilities.
In elections held after January 1, 2006, requires each polling place to have at least one direct recording electronic voting system or other accessible voter interface device.
Requires a designated election official to test an electronic and electromechanical voting system after the system is maintained and programmed for an election. Requires testing of all electronic and electromechanical tabulation devices used at polling places.
APPROVED by Governor May 28, 2004
PORTIONS EFFECTIVE May 28, 2004
PORTIONS EFFECTIVE January 1, 2006
H.B. 04-1425 State ballot measures - legal publication. Amends the statute on legal publication of the title, text, and ballot question for constitutional amendments, initiated measures, and referred measures on the official ballot to conform the provision with the state constitution to make it clear that the constitution does not require publishing in every legal newspaper, but only in one legal publication in each county. States that legal publication can be made by either printing a notice in a legal newspaper or printing an insert that is distributed in such a newspaper.
Authorizes the director of research of the legislative council to negotiate agreements with one or more legal newspapers or with any organization that represents such newspapers to authorize the printing of a separate insert by one or more legal newspapers to be delivered by all of the legal newspapers participating in the agreement. Authorizes the director to select a legal newspaper or newspapers to make the publication in counties where more than one such newspaper is circulated. Specifies that the executive committee of the legislative council shall determine the amount paid for the publishing based on available appropriations.
Provides that if no legal newspaper is willing or able to publish in a county, the director of research of the legislative council shall assure compliance with the publication requirements by causing the printing of additional inserts or legal notices and providing for alternative circulation of the inserts or legal notices in that county at government offices and other public facilities or private businesses, and if sufficient funds are available, by contract or by mail.
APPROVED by Governor May 21, 2004
EFFECTIVE May 21, 2004
H.B. 04-1445 Ballot title board - meeting times - rehearings. Deletes the requirement that the ballot title board begin meetings at 2:00 p.m. and allows the board to set the meeting time. Changes the timing requirements for a rehearing following the last meeting of the board so that a single meeting is required within 48 hours of the expiration of the 7-day filing period for a rehearing rather than within 48 hours of the filing of each motion for a rehearing.
APPROVED by Governor May 12, 2004
EFFECTIVE May 12, 2004
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