S.B. 05-31 False or reckless statements relating to candidates or questions submitted to electors - penalties - definitions. Expands the existing election offense governing false statements, which currently proscribes certain conduct performed knowingly, to prohibit any person from recklessly making, publishing, broadcasting, or circulating or causing to make, publish, broadcast, or circulate in any form of communication any false statement designed to affect the vote on any issue submitted to the electors at any election or relating to any candidate for election to public office. Specifies that, for purposes of the act, a person acts recklessly when he or she acts in conscious disregard of the truth or falsity of the statement made, published, broadcasted, or circulated.
Expands the existing election offense proscribing the knowing circulation of false statements in any writing to include any form of communication. Expands the existing election offense to include knowingly broadcasting or causing to be broadcast false statements among the means of disseminating information that must be shown to prove the commission of a violation under the offense.
Increases the existing penalty for committing knowing violations of the offense from a class 2 to a class 1 misdemeanor.
Specifies that any person who recklessly disseminates a false statement in violation of the act commits a class 2 misdemeanor.
APPROVED by Governor June 6, 2005
EFFECTIVE September 1, 2005
S.B. 05-94 Initiative and referendum - ballot information booklet - public meeting - modification of draft by legislative council or by director of legislative council staff. Requires the director of research of the legislative council of the general assembly to hold a public meeting after receiving written comments from the public on an initiated or referred measure but before finalizing the draft of the ballot information booklet for the measure. Authorizes the director to modify the draft of the booklet in response to comments made at the meeting. States that the legislative council may modify the draft of the booklet by 2/3 vote.
APPROVED by Governor June 6, 2005
EFFECTIVE June 6, 2005
S.B. 05-198 Training and certification of election officials - voting by inmates - voter registration drives - voter-verified paper record - testing of voting systems - escrow of election software - random audit - provisional ballots - challenges - election calendar - miscellaneous provisions - appropriation. In connection with the conduct of elections:
Training and certification of election officials
Directs the secretary of state to establish a certification program for local election officials.
Requires the following persons to obtain certification:
● County clerk and recorders;
● Employees in the office of a county clerk and recorder who are directly responsible for overseeing elections; and
● Other employees in the office of a county clerk and recorder at the discretion of the county clerk and recorder.
States that persons required to obtain certification shall begin and complete the certification process within one year of undertaking the responsibilities for which the person is required to obtain certification and shall comply with continuing education requirements prescribed by the secretary of state.
States that the certification and training requirements shall not be construed to require an elected official to attend a course of instruction or obtain certification as a condition for seeking or holding elective office or carrying out constitutional and statutory duties.
Requires the curriculum for certification to include courses in general election law, the federal "Help America Vote Act of 2002", and professional development. Directs the secretary of state to offer certification courses at least annually.
Voter registration drives
Defines a voter registration drive as the distribution and collection of voter registration applications by two or more persons for delivery to a county clerk and recorder.
Requires a voter registration drive organizer to:
● File a statement of intent to conduct a voter registration drive with the secretary of state and designate an agent who is a resident of the state before commencing a voter registration drive;
● Fulfill the training requirements established by the secretary of state;
● Use the form of voter registration application approved by the secretary of state; and
● Deliver or mail a voter registration application collected from a voter to the proper county clerk and recorder within 5 business days; except that an application shall be delivered or mailed no later than the deadline for voter registration.
Requires a circulator working on a voter registration drive to deliver a voter registration application collected from a voter to the voter registration drive organizer.
Prohibits a voter registration drive organizer from compensating a circulator working on the voter registration drive based on the number of voter registration applications the circulator distributes or collects.
States that a voter registration drive organizer who violates the requirements that apply to voter registration drives, including by negligently failing to deliver a voter registration application to the proper county clerk and recorder in the prescribed manner and time, is guilty of a misdemeanor. Establishes an additional fine not to exceed $500 per business day for negligent failure to deliver a voter registration application to the proper county clerk and recorder within the required time.
Voter-verified paper record
Prohibits a political subdivision from acquiring a voting system unless the voting system is capable of producing a voter-verified paper record of each vote.
Prohibits a political subdivision from acquiring a voting device that has been retrofitted to comply with the voter-verified paper record requirements unless the voting device has been certified by an independent testing authority and the secretary of state.
Requires the voting system used in each primary, general, coordinated, or congressional district vacancy election held on and after January 1, 2010, to have the capability to produce a voter-verifiable paper record of each vote. Before a vote is cast, gives the voter the opportunity, in private and without assistance, to inspect and verify that the voter-verified paper record correctly reflects the voter's choices.
Makes the voter-verified paper record requirements applicable to each primary, general, coordinated, or congressional district vacancy election conducted by a county clerk and recorder on and after January 1, 2008, if the governing body of the county determines that:
● The technology necessary to comply with such requirements is available; and
● Sufficient federal or state funds are available to acquire or retrofit voting devices that comply with such requirements; or
● It is otherwise financially feasible for the county to comply with such requirements.
Specifies that, upon satisfaction by a county of the voter-verified paper record requirements, the voter-verified paper record of each vote, whether filled out by hand or produced by a voting machine or ballot marking device, is to be preserved as an election record and constitutes an official record of the election.
Prohibits any voting device from being remotely accessed or remotely accessible until after the close of voting and a results total tape has been printed, as applicable.
Testing of voting equipment
Requires a designated election official to conduct tests of an electronic or electromechanical voting system before an election, including a test open to the public. Requires notice of the public test to be posted at least 7 days before the test. Directs the designated election official to select a testing board, comprising at least one member from each major political party, to oversee the tests.
Escrow of election software
Requires a designated election official to deposit a copy of election setup records with the secretary of state at least 7 days before an election. Defines election setup records as the electronic records generated by election tabulation software during election setup to define ballots, tabulation instructions, and other functions. Exempts election setup records from disclosure under the public records law.
Requires a voting system provider to:
● Place a copy of election software and supporting documentation in escrow with the secretary of state or an independent escrow agent when submitting an electronic or electromechanical voting system for certification;
● Notify the secretary of state of the installation or modification of hardware, firmware, or software in a voting system for a political subdivision in the state;
● Place in escrow a copy of the state certified election software installed in each political subdivision; and
● Notify the secretary of state and the designated election official of any political subdivision using its voting system of any defect in the system known to occur anywhere.
Requires the designated election official to maintain separate, detailed records for each component of a voting system used in an election.
Random audit
Requires the secretary of state, following each primary, general, coordinated, or congressional district vacancy election, to publicly initiate a manual random audit to be conducted by each county and to randomly select not less than one percent of the voting devices used in each county. Where a central count voting device is in use in the county, specifies that the rules promulgated by the secretary shall require an audit of a specified percentage of ballots counted within the county.
For an election taking place in a county prior to the date the county has satisfied the voter-verified paper record requirements, specifies that the audit shall be for the purpose of comparing the manual tallies of the ballots counted by each voting device selected for each such audit with the corresponding tallies recorded directly by each such device.
For an election taking place in a county on or after the date the county has satisfied the voter-verified paper record requirements, specifies that the audit shall be conducted for the purpose of comparing the manual tallies of the voter-verified paper records produced or employed by each voting device selected for such audit with the corresponding ballot tallies recorded directly by each such device.
Specifies that, to the extent practicable, no voting device that is used for the random audit shall be used for conducting the testing of voting devices for recount purposes.
Upon completion of the audit, if there is any discrepancy between the applicable manual tallies of the voting device selected for the audit and the corresponding tallies recorded by such devices that is not able to be accounted for by voter error, requires the county clerk and recorder, in consultation with the canvass board of the county, to investigate the discrepancy and take such remedial action as necessary in accordance with its powers.
Requires the canvass board along with the county clerk and recorder to investigate any written complaint from a registered elector from within the county containing credible evidence concerning a problem with a voting device and take such remedial action as necessary in accordance with its powers.
Requires the county clerk and recorder to promptly report to the secretary of state the results of any completed audit or investigation.
Requires the secretary of state to post the results of any completed audit or investigation on the official website of the department of state not later than 24 hours after receiving the results of the completed audit or investigation. Authorizes the clerk and recorder of the affected county to timely post the results of the completed audit or investigation on the official website of the county. Requires the secretary to publish once in a newspaper of general circulation throughout the state notification to the public that the results have been posted on the department's website. Requires any audit conducted in accordance with the requirements of the act to be observed by at least 2 members of the canvass board of the county.
Requires the secretary of state to promulgate such rules as may be necessary to administer and enforce any of the audit requirements, including any rules necessary to provide guidance to the counties in conducting such audit. Specifies certain items for which the rules are to account.
Provisional ballots
Allows a voter claiming to be properly registered to vote but whose qualification to vote cannot be immediately established to cast a provisional ballot. States that no voter shall be denied the right to cast a provisional ballot. Allows a voter who does not show identification to cast a provisional ballot. Allows a voter who requests an absentee ballot but does not cast it to cast a provisional ballot if the voter affirms that he or she has not and will not cast the absentee ballot; but provides that the provisional ballot shall be counted only if the designated election official verifies that the absentee ballot was not cast and that the voter is eligible to vote.
Requires that provisional ballots contain:
● Text identifying them as provisional ballots;
● Instructions on the voting and handling of provisional ballots;
● An affidavit including an attestation, a notice of perjury, a warning of the penalty for falsifying the affidavit, and information sufficient to verify the voter's eligibility to vote and to register the voter.
States that the provisional ballot affidavit shall constitute a voter registration application for the voter for future elections and that any previous voter registration for the voter shall be cancelled, except for a voter who cast a provisional ballot because the voter did not show identification at the polling place or because the voter requested but did not cast an absentee ballot.
Requires a voter casting a provisional ballot to complete and sign the affidavit, mark the ballot, and seal the ballot in an envelope. States that if the election judge notices that the voter did not sign the affidavit, the election judge shall notify the voter that the ballot will not be counted if the affidavit is not signed. Requires the election official to give a written notice to a voter specifying how the voter can find out whether the provisional ballot was counted.
Directs the designated election official to attempt to verify that a voter who cast a provisional ballot is eligible to vote using procedures and databases prescribed by the secretary of state.
States that if a voter signs but does not provide all the information requested on the provisional ballot affidavit, the ballot shall be counted only if the designated election official is able to determine that the voter was registered to vote in the precinct and county. States that if a voter does not sign the provisional ballot affidavit, the designated election official shall send a letter to the voter informing the voter that the ballot will not be counted unless the affidavit is signed and giving the voter 8 days to come to the office of the county clerk and recorder to sign the affidavit. States that the provisional ballot shall not be counted if the voter fails to sign the affidavit after receiving this notice.
Directs the designated election official to appoint a board to count verified provisional ballots. Requires the designated election official to complete the verification and counting of all provisional ballots within 10 days after a primary election and within 14 days after a general, odd-year, or coordinated election.
States that a provisional ballot shall be counted if the designated election official verifies that the voter who cast the ballot in accordance with the law is eligible to vote.
Establishes the following rules for persons who move before the close of voter registration but fail to register at their new residence:
● If a person moves from another state to Colorado, the person may cast a provisional ballot, which shall not be counted but shall serve as the person's voter registration application for future elections.
● If a voter moves from one county in Colorado to another, the voter may complete an emergency registration form at the office of the county clerk and recorder or may cast a provisional ballot, which shall be counted if the voter's eligibility is verified and which shall serve as the voter's voter registration application for future elections.
● If a voter moves from one precinct in a county to another, the voter may complete a change of address form at the office of the county clerk and recorder or may cast a provisional ballot, which shall be counted if the voter's eligibility is verified.
Establishes the following rules for persons who move after the close of voter registration but fail to register at their new residence:
● If a person moves from another state to Colorado, the person may cast a provisional ballot, which shall not be counted but shall serve as the person's voter registration application for future elections.
● If a voter moves from one county in Colorado to another and does not vote in the county where registered, the voter may cast a provisional ballot in the new county of residence. The voter's votes for federal and statewide offices and statewide ballot issues and ballot questions shall be counted, and the provisional ballot affidavit shall serve as the voter's voter registration application for future elections.
● If a voter moves from one precinct in a county to another and does not vote in the precinct where registered, the voter may cast a provisional ballot in the new precinct of residence. The voter's votes for federal and statewide offices and statewide ballot issues and ballot questions shall be counted, and the provisional ballot affidavit shall serve as the voter's voter registration application for future elections.
States that if a voter casts a provisional ballot at a polling place in a precinct other than the precinct in which the voter is registered, the voter's votes for federal and statewide offices and statewide ballot issues and ballot questions shall be counted.
Allows a voter who cast a provisional ballot to find out whether the ballot was counted and, if it was not counted, the reason for the rejection. States that this information shall be disclosed only to the voter.
Challenge of right to vote
States that if a person whose right to vote is challenged refuses to answer the required questions about the person's eligibility to vote or to take an oath that the person is eligible to vote, the person shall be offered a provisional ballot.
States that a challenge at a polling place shall be made in the presence of the person whose right to vote is challenged.
Requires a challenge of a person's right to vote to state the specific factual basis for the challenge.
Directs the county clerk and recorder or designated election official to deliver a challenge that is not withdrawn to the district attorney for investigation and action. Requires the district attorney to complete the investigation within 10 days if practicable. Requires the county clerk and recorder or designated election official to notify and send a copy of the challenge to a person who voted by absentee ballot, mail ballot, or provisional ballot and who was not present at the time of the challenge.
Election calendar
Changes the date of the precinct caucuses from the 2nd Tuesday in April to the 3rd Tuesday in March in each even-numbered year.
Changes the times allowed for:
● Holding party assemblies;
● Circulating candidate petitions;
● Filling vacancies in party nominations and designations;
● Filing affidavits to run as a write-in candidate;
● Certification of ballots by the secretary of state;
● Training of election judges;
● Verifying signatures on mail and absentee ballots;
● Agreements for coordinated elections;
● Applying for an absentee ballot;
● Reporting and certifying election results; and
● Requesting and completing recounts.
Miscellaneous provisions
Prohibits the secretary of state from serving as the highest ranking official, whether actual or honorary, in the campaign of any candidate for federal or statewide office, except when the secretary of state is the candidate.
Requires the secretary of state to seek the full amount of funds available to the state under the federal "Help America Vote Act of 2002" for distribution to counties.
Limits the prohibition on registration and voting by inmates to persons serving a sentence of detention or confinement for a felony conviction.
Allows a person who is unable to write to have his or her mark on a change of residence form attested to by any other person, eliminating the requirement for attestation by a notary public.
Allows emergency voter registration at any office or location authorized by the county clerk and recorder and staffed by personnel authorized by the county clerk and recorder. Allows a voter to register by emergency registration if the voter applied to register to vote at a voter registration drive and is able to show the receipt from the voter registration application.
Increases from 2 to 10 business days the time a county clerk and recorder has to review a voter registration application and notify the applicant of the disposition of the application. Increases from 10 days to 20 business days the time after which an application shall be rejected if the clerk's notice to the applicant is returned as undeliverable. Increases from 10 days to 20 business days the time after which an applicant shall be registered if the clerk's notice to the applicant is not returned as undeliverable.
Prohibits a county clerk and recorder from issuing a provisional ballot to substitute for a certificate of reinstatement of voter registration to a person who is entitled to receive a certificate of reinstatement.
States that when a voter receives a replacement absentee ballot, the first ballot returned by the voter shall be considered the voter's official ballot.
Allows a voter to request an emergency absentee ballot if a member of the voter's immediate family, related by blood or marriage to the second degree, is confined in a hospital or place of residence on election day. States that if a voter who is entitled to an emergency absentee ballot is unable to have an authorized representative pick up the ballot and deliver it to the voter, the designated election official shall deliver the ballot to the voter by electronic transfer. States that if, following the procedure for requesting an emergency absentee ballot, the designated election official is unable to provide that ballot to a voter, the designated election official shall seek authority from the secretary of state to provide a ballot to the voter by electronic transfer.
Allows a citizen who is traveling outside the United States, as well as a citizen who resides overseas, who qualifies for a special write-in blank absentee ballot to apply for such a ballot regardless of whether the person has previously applied for an absentee ballot for the election. Changes the date on which the designated election official shall begin processing applications for special write-in blank absentee ballots from the 60th to the 57th day before the election.
Eliminates the provision stating that if it appears to the election judges by sufficient proof that an absentee voter has died after forwarding an absentee ballot, the ballot shall not be counted. States that if it appears to the election judges by sufficient proof that an absentee ballot sent to an elector who died after requesting the ballot contains a forged affidavit, the ballot shall not be counted and the ballot shall be forwarded to the district attorney for investigation.
Requires the designated election official, within 60 days after a statewide election, to prepare and make public a statement of the total number of votes cast in the election for each candidate and for and against each ballot issue and ballot question. Requires the results of early voting to be given by precinct in counties that use only direct record electronic voting machines for early voting. Requires counties using vote centers to give election results by precinct, excluding votes cast by early voting or absentee ballot, after January 1, 2006.
Allows a political subdivision that referred a ballot issue or ballot question to the voters to waive an automatic recount that would otherwise be required.
States that a person who collects a voter registration application from another person for mailing or delivery to a county clerk and recorder and who fails to mail or deliver the application to the proper county clerk and recorder within 5 business is guilty of a misdemeanor.
Appropriates $25,008 from the department of state cash fund to the department of state for the implementation of the act.
APPROVED by Governor June 6, 2005
EFFECTIVE June 6, 2005
S.B. 05-206 Training and certification of election officials - voting by inmates - voter registration drives - voter-verified paper record - testing of voting systems - escrow of election software - random audit - provisional ballots - challenges - election calendar - miscellaneous provisions - appropriation. In connection with the conduct of elections:
Training and certification of election officials
Directs the secretary of state to establish a certification program for local election officials.
Requires the following persons to obtain certification:
● County clerk and recorders;
● Employees in the office of a county clerk and recorder who are directly responsible for overseeing elections; and
● Other employees in the office of a county clerk and recorder at the discretion of the county clerk and recorder.
States that persons required to obtain certification shall begin and complete the certification process within one year of undertaking the responsibilities for which the person is required to obtain certification and shall comply with continuing education requirements prescribed by the secretary of state.
States that the certification and training requirements shall not be construed to require an elected official to attend a course of instruction or obtain certification as a condition for seeking or holding elective office or carrying out constitutional and statutory duties.
Requires the curriculum for certification to include courses in general election law, the federal "Help America Vote Act of 2002", and professional development. Directs the secretary of state to offer certification courses at least annually.
Voter registration drives
Defines a voter registration drive as the distribution and collection of voter registration applications by two or more persons for delivery to a county clerk and recorder.
Requires a voter registration drive organizer to:
● File a statement of intent to conduct a voter registration drive with the secretary of state and designate an agent who is a resident of the state before commencing a voter registration drive;
● Fulfill the training requirements established by the secretary of state;
● Use the form of voter registration application approved by the secretary of state; and
● Deliver or mail a voter registration application collected from a voter to the proper county clerk and recorder within 5 business days; except that an application shall be delivered or mailed no later than the deadline for voter registration.
Requires a circulator working on a voter registration drive to deliver a voter registration application collected from a voter to the voter registration drive organizer.
Prohibits a voter registration drive organizer from compensating a circulator working on the voter registration drive based on the number of voter registration applications the circulator distributes or collects.
States that a voter registration drive organizer who violates the requirements that apply to voter registration drives, including by negligently failing to deliver a voter registration application to the proper county clerk and recorder in the prescribed manner and time, is guilty of a misdemeanor. Establishes an additional fine not to exceed $500 per business day for negligent failure to deliver a voter registration application to the proper county clerk and recorder within the required time.
Voter-verified paper record
Prohibits a political subdivision from acquiring a voting system unless the voting system is capable of producing a voter-verified paper record of each vote.
Prohibits a political subdivision from acquiring a voting device that has been retrofitted to comply with the voter-verified paper record requirements unless the voting device has been certified by an independent testing authority and the secretary of state.
Requires the voting system used in each primary, general, coordinated, or congressional district vacancy election held on and after January 1, 2010, to have the capability to produce a voter-verifiable paper record of each vote. Before a vote is cast, gives the voter the opportunity, in private and without assistance, to inspect and verify that the voter-verified paper record correctly reflects the voter's choices.
Makes the voter-verified paper record requirements applicable to each primary, general, coordinated, or congressional district vacancy election conducted by a county clerk and recorder on and after January 1, 2008, if the governing body of the county determines that:
● The technology necessary to comply with such requirements is available; and
● Sufficient federal or state funds are available to acquire or retrofit voting devices that comply with such requirements; or
● It is otherwise financially feasible for the county to comply with such requirements.
Specifies that, upon satisfaction by a county of the voter-verified paper record requirements, the voter-verified paper record of each vote, whether filled out by hand or produced by a voting machine or ballot marking device, is to be preserved as an election record and constitutes an official record of the election.
Prohibits any voting device from being remotely accessed or remotely accessible until after the close of voting and a results total tape has been printed, as applicable.
Testing of voting equipment
Requires a designated election official to conduct tests of an electronic or electromechanical voting system before an election, including a test open to the public. Requires notice of the public test to be posted at least 7 days before the test. Directs the designated election official to select a testing board, comprising at least one member from each major political party, to oversee the tests.
Escrow of election software
Requires a designated election official to deposit a copy of election setup records with the secretary of state at least 7 days before an election. Defines election setup records as the electronic records generated by election tabulation software during election setup to define ballots, tabulation instructions, and other functions. Exempts election setup records from disclosure under the public records law.
Requires a voting system provider to:
● Place a copy of election software and supporting documentation in escrow with the secretary of state or an independent escrow agent when submitting an electronic or electromechanical voting system for certification;
● Notify the secretary of state of the installation or modification of hardware, firmware, or software in a voting system for a political subdivision in the state;
● Place in escrow a copy of the state certified election software installed in each political subdivision; and
● Notify the secretary of state and the designated election official of any political subdivision using its voting system of any defect in the system known to occur anywhere.
Requires the designated election official to maintain separate, detailed records for each component of a voting system used in an election.
Random audit
Requires the secretary of state, following each primary, general, coordinated, or congressional district vacancy election, to publicly initiate a manual random audit to be conducted by each county and to randomly select not less than one percent of the voting devices used in each county. Where a central count voting device is in use in the county, specifies that the rules promulgated by the secretary shall require an audit of a specified percentage of ballots counted within the county.
For an election taking place in a county prior to the date the county has satisfied the voter-verified paper record requirements, specifies that the audit shall be for the purpose of comparing the manual tallies of the ballots counted by each voting device selected for each such audit with the corresponding tallies recorded directly by each such device.
For an election taking place in a county on or after the date the county has satisfied the voter-verified paper record requirements, specifies that the audit shall be conducted for the purpose of comparing the manual tallies of the voter-verified paper records produced or employed by each voting device selected for such audit with the corresponding ballot tallies recorded directly by each such device.
Specifies that, to the extent practicable, no voting device that is used for the random audit shall be used for conducting the testing of voting devices for recount purposes.
Upon completion of the audit, if there is any discrepancy between the applicable manual tallies of the voting device selected for the audit and the corresponding tallies recorded by such devices that is not able to be accounted for by voter error, requires the county clerk and recorder, in consultation with the canvass board of the county, to investigate the discrepancy and take such remedial action as necessary in accordance with its powers.
Requires the canvass board along with the county clerk and recorder to investigate any written complaint from a registered elector from within the county containing credible evidence concerning a problem with a voting device and take such remedial action as necessary in accordance with its powers.
Requires the county clerk and recorder to promptly report to the secretary of state the results of any completed audit or investigation.
Requires the secretary of state to post the results of any completed audit or investigation on the official website of the department of state not later than 24 hours after receiving the results of the completed audit or investigation. Authorizes the clerk and recorder of the affected county to timely post the results of the completed audit or investigation on the official website of the county. Requires the secretary to publish once in a newspaper of general circulation throughout the state notification to the public that the results have been posted on the department's website. Requires any audit conducted in accordance with the requirements of the act to be observed by at least 2 members of the canvass board of the county.
Requires the secretary of state to promulgate such rules as may be necessary to administer and enforce any of the audit requirements, including any rules necessary to provide guidance to the counties in conducting such audit. Specifies certain items for which the rules are to account.
Provisional ballots
Allows a voter claiming to be properly registered to vote but whose qualification to vote cannot be immediately established to cast a provisional ballot. States that no voter shall be denied the right to cast a provisional ballot. Allows a voter who does not show identification to cast a provisional ballot. Allows a voter who requests an absentee ballot but does not cast it to cast a provisional ballot if the voter affirms that he or she has not and will not cast the absentee ballot; but provides that the provisional ballot shall be counted only if the designated election official verifies that the absentee ballot was not cast and that the voter is eligible to vote.
Requires that provisional ballots contain:
● Text identifying them as provisional ballots;
● Instructions on the voting and handling of provisional ballots;
● An affidavit including an attestation, a notice of perjury, a warning of the penalty for falsifying the affidavit, and information sufficient to verify the voter's eligibility to vote and to register the voter.
States that the provisional ballot affidavit shall constitute a voter registration application for the voter for future elections and that any previous voter registration for the voter shall be cancelled, except for a voter who cast a provisional ballot because the voter did not show identification at the polling place or because the voter requested but did not cast an absentee ballot.
Requires a voter casting a provisional ballot to complete and sign the affidavit, mark the ballot, and seal the ballot in an envelope. States that if the election judge notices that the voter did not sign the affidavit, the election judge shall notify the voter that the ballot will not be counted if the affidavit is not signed. Requires the election official to give a written notice to a voter specifying how the voter can find out whether the provisional ballot was counted.
Directs the designated election official to attempt to verify that a voter who cast a provisional ballot is eligible to vote using procedures and databases prescribed by the secretary of state.
States that if a voter signs but does not provide all the information requested on the provisional ballot affidavit, the ballot shall be counted only if the designated election official is able to determine that the voter was registered to vote in the precinct and county. States that if a voter does not sign the provisional ballot affidavit, the designated election official shall send a letter to the voter informing the voter that the ballot will not be counted unless the affidavit is signed and giving the voter 8 days to come to the office of the county clerk and recorder to sign the affidavit. States that the provisional ballot shall not be counted if the voter fails to sign the affidavit after receiving this notice.
Directs the designated election official to appoint a board to count verified provisional ballots. Requires the designated election official to complete the verification and counting of all provisional ballots within 10 days after a primary election and within 14 days after a general, odd-year, or coordinated election.
States that a provisional ballot shall be counted if the designated election official verifies that the voter who cast the ballot in accordance with the law is eligible to vote.
Establishes the following rules for persons who move before the close of voter registration but fail to register at their new residence:
● If a person moves from another state to Colorado, the person may cast a provisional ballot, which shall not be counted but shall serve as the person's voter registration application for future elections.
● If a voter moves from one county in Colorado to another, the voter may complete an emergency registration form at the office of the county clerk and recorder or may cast a provisional ballot, which shall be counted if the voter's eligibility is verified and which shall serve as the voter's voter registration application for future elections.
● If a voter moves from one precinct in a county to another, the voter may complete a change of address form at the office of the county clerk and recorder or may cast a provisional ballot, which shall be counted if the voter's eligibility is verified.
Establishes the following rules for persons who move after the close of voter registration but fail to register at their new residence:
● If a person moves from another state to Colorado, the person may cast a provisional ballot, which shall not be counted but shall serve as the person's voter registration application for future elections.
● If a voter moves from one county in Colorado to another and does not vote in the county where registered, the voter may cast a provisional ballot in the new county of residence. The voter's votes for federal and statewide offices and statewide ballot issues and ballot questions shall be counted, and the provisional ballot affidavit shall serve as the voter's voter registration application for future elections.
● If a voter moves from one precinct in a county to another and does not vote in the precinct where registered, the voter may cast a provisional ballot in the new precinct of residence. The voter's votes for federal and statewide offices and statewide ballot issues and ballot questions shall be counted, and the provisional ballot affidavit shall serve as the voter's voter registration application for future elections.
States that if a voter casts a provisional ballot at a polling place in a precinct other than the precinct in which the voter is registered, the voter's votes for federal and statewide offices and statewide ballot issues and ballot questions shall be counted.
Allows a voter who cast a provisional ballot to find out whether the ballot was counted and, if it was not counted, the reason for the rejection. States that this information shall be disclosed only to the voter.
Challenge of right to vote
States that if a person whose right to vote is challenged refuses to answer the required questions about the person's eligibility to vote or to take an oath that the person is eligible to vote, the person shall be offered a provisional ballot.
States that a challenge at a polling place shall be made in the presence of the person whose right to vote is challenged.
Requires a challenge of a person's right to vote to state the specific factual basis for the challenge.
Directs the county clerk and recorder or designated election official to deliver a challenge that is not withdrawn to the district attorney for investigation and action. Requires the district attorney to complete the investigation within 10 days if practicable. Requires the county clerk and recorder or designated election official to notify and send a copy of the challenge to a person who voted by absentee ballot, mail ballot, or provisional ballot and who was not present at the time of the challenge.
Election calendar
Changes the date of the precinct caucuses from the 2nd Tuesday in April to the 3rd Tuesday in March in each even-numbered year.
Changes the times allowed for:
● Holding party assemblies;
● Circulating candidate petitions;
● Filling vacancies in party nominations and designations;
● Filing affidavits to run as a write-in candidate;
● Certification of ballots by the secretary of state;
● Training of election judges;
● Verifying signatures on mail and absentee ballots;
● Agreements for coordinated elections;
● Applying for an absentee ballot;
● Reporting and certifying election results; and
● Requesting and completing recounts.
Miscellaneous provisions
Prohibits the secretary of state from serving as the highest ranking official, whether actual or honorary, in the campaign of any candidate for federal or statewide office, except when the secretary of state is the candidate.
Requires the secretary of state to seek the full amount of funds available to the state under the federal "Help America Vote Act of 2002" for distribution to counties.
Limits the prohibition on registration and voting by inmates to persons serving a sentence of detention or confinement for a felony conviction.
Allows a person who is unable to write to have his or her mark on a change of residence form attested to by any other person, eliminating the requirement for attestation by a notary public.
Allows emergency voter registration at any office or location authorized by the county clerk and recorder and staffed by personnel authorized by the county clerk and recorder. Allows a voter to register by emergency registration if the voter applied to register to vote at a voter registration drive and is able to show the receipt from the voter registration application.
Increases from 2 to 10 business days the time a county clerk and recorder has to review a voter registration application and notify the applicant of the disposition of the application. Increases from 10 days to 20 business days the time after which an application shall be rejected if the clerk's notice to the applicant is returned as undeliverable. Increases from 10 days to 20 business days the time after which an applicant shall be registered if the clerk's notice to the applicant is not returned as undeliverable.
Prohibits a county clerk and recorder from issuing a provisional ballot to substitute for a certificate of reinstatement of voter registration to a person who is entitled to receive a certificate of reinstatement.
States that when a voter receives a replacement absentee ballot, the first ballot returned by the voter shall be considered the voter's official ballot.
Allows a voter to request an emergency absentee ballot if a member of the voter's immediate family, related by blood or marriage to the second degree, is confined in a hospital or place of residence on election day. States that if a voter who is entitled to an emergency absentee ballot is unable to have an authorized representative pick up the ballot and deliver it to the voter, the designated election official shall deliver the ballot to the voter by electronic transfer. States that if, following the procedure for requesting an emergency absentee ballot, the designated election official is unable to provide that ballot to a voter, the designated election official shall seek authority from the secretary of state to provide a ballot to the voter by electronic transfer.
Allows a citizen who is traveling outside the United States, as well as a citizen who resides overseas, who qualifies for a special write-in blank absentee ballot to apply for such a ballot regardless of whether the person has previously applied for an absentee ballot for the election. Changes the date on which the designated election official shall begin processing applications for special write-in blank absentee ballots from the 60th to the 57th day before the election.
Eliminates the provision stating that if it appears to the election judges by sufficient proof that an absentee voter has died after forwarding an absentee ballot, the ballot shall not be counted. States that if it appears to the election judges by sufficient proof that an absentee ballot sent to an elector who died after requesting the ballot contains a forged affidavit, the ballot shall not be counted and the ballot shall be forwarded to the district attorney for investigation.
Requires the designated election official, within 60 days after a statewide election, to prepare and make public a statement of the total number of votes cast in the election for each candidate and for and against each ballot issue and ballot question. Requires the results of early voting to be given by precinct in counties that use only direct record electronic voting machines for early voting. Requires counties using vote centers to give election results by precinct, excluding votes cast by early voting or absentee ballot, after January 1, 2006.
Allows a political subdivision that referred a ballot issue or ballot question to the voters to waive an automatic recount that would otherwise be required.
States that a person who collects a voter registration application from another person for mailing or delivery to a county clerk and recorder and who fails to mail or deliver the application to the proper county clerk and recorder within 5 business is guilty of a misdemeanor.
Appropriates $25,008 from the department of state cash fund to the department of state for the implementation of the act.
APPROVED by Governor June 6, 2005
EFFECTIVE June 6, 2005
H.B. 05-1147 Petitions - elimination of voter registration, identification, and party affiliation requirements for circulators - establishment of residency, citizenship, and age requirements for circulators. Eliminates the requirement that a circulator of a candidate, recall, initiative, or referendum petition be a registered voter. Requires a circulator of such a petition to be a resident of the state, a citizen of the United States, and at least 18 years of age.
Eliminates the requirement that a person who circulates a petition to nominate a partisan candidate be affiliated with the political party mentioned in the petition.
Eliminates the requirement that a person who circulates an initiative or referendum petition wear a badge indicating the person's name and whether the person is a paid or volunteer circulator.
Eliminates the requirement that the proponents of an initiative or referendum petition file reports with election officials identifying persons who were paid to circulate the petition.
Makes conforming amendments to provisions on the circulation of a petition for creation of a special taxing district, recall of a municipal officer, or a municipal initiative or referendum.
VETOED by Governor June 1, 2005
H.B. 05-1197 Ballot issues and ballot questions - ordering and alphanumerical designation on ballots. Specifies that measures to retain revenues in excess of a district's fiscal year spending limit shall be placed on a ballot after measures to increase taxes and before measures to increase debt. Commencing with the odd-year election held in November 2004, requires statewide referred measures to be lettered consecutively in a repeating alphabetical cycle from A to Z. Authorizes the secretary of state to promulgate rules to ensure proper implementation of the requirement, including, but not limited to, rules specifying the grouping of statewide referred measures for purposes of lettering or reserving specific sequences of letters for certain categories of measures.
Requires a referred measure that is referred to registered electors of multiple counties to have the same alphabetical, numerical, or alphanumerical designation on each ballot that includes the measure.
APPROVED by Governor June 3, 2005
EFFECTIVE June 3, 2005
H.B. 05-1332 Fair campaign practices act - definition of "corporation" - treatment of campaign contributions from limited liability companies - enforcement - penalties. Modifies the definition of "corporation" in the "Fair Campaign Practices Act" (FCPA) to include a domestic nonprofit corporation or any corporation incorporated under and subject to the laws of another state or foreign country.
Prohibits a limited liability company (LLC) from making a contribution to a candidate committee, small donor committee, political committee, or political party if one or more individual members of the LLC meets certain specified conditions.
Prohibits an LLC from making any contribution to a candidate committee, small donor committee, or political party if either the LLC has elected to be treated as a corporation by the internal revenue service or the shares of the LLC are publicly traded.
Requires any LLC to affirm in writing to the candidate committee, political committee, small donor committee, or political party to which it has made a contribution, as applicable, that it is authorized to make a contribution. Requires the affirmation to also state the names and addresses of all of the individual members of the LLC. Prohibits a candidate committee, political committee, small donor committee, or political party from accepting a contribution from an LLC unless the written affirmation is provided at the same time the contribution is made. Requires the candidate committee, political committee, small donor committee, or political party receiving the contribution to retain the written affirmation for at least one year following the date of the end of the election cycle during which the contribution is made.
Specifies that any contribution by an LLC is subject to the legal limits governing contributions. Specifies that any contribution by an LLC shall be attributed proportionately against each member's limit for the same candidate and election by the recipient candidate committee, political committee, small donor committee, or political party, as applicable, in the reports filed under the statutory and constitutional provisions concerning campaign finance disclosure.
Prohibits a foreign corporation from making any contribution under the campaign and political finance provision of the state constitution or the FCPA that a domestic corporation is prohibited from making under such provisions.
Authorizes any person who believes that a violation of the act's provisions governing contributions by an LLC and restricting contributions by a foreign corporation has occurred to file a written complaint with the secretary of state no later than 180 days after the date of the alleged violation. Specifies that the complaint is to be subject to all applicable procedures specified in the campaign and political finance provision of the state constitution.
Specifies that any person who has violated any of the provisions of the act relating to contribution limits on an LLC or foreign corporation shall be subject to a civil penalty of at least double and up to 5 times the amount contributed or received in violation of the applicable provision.
Specifies that any person who has violated any of the act's provisions relating to the written affirmation requirements shall be subject to a civil penalty of $50 per day for each day that the written affirmation regarding the membership of a limited liability company has not been filed with or retained by the candidate committee, political committee, small donor committee, or political party to which a contribution has been made.
Makes the act applicable to the portion of any election cycle or for the portion of the calendar year remaining after the effective date of the act, and for any election cycle or calendar year commencing after such effective date, whichever is applicable.
VETOED by Governor May 31, 2005
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