S.B. 07-83 Identification - voter-verified paper record - judicial review - emergency registration - voter registration drives - mail registration - petitions - vacancies in nominations - write-in candidates - minor political parties - vote centers - accessible ballot marking devices - election judges - watchers - time in voting booth - random audit - certificate of election results - mail ballots - tampering with voting equipment - campaign finance reports - appropriation. Adds a valid student identification card issued by an institution of higher education in Colorado to the list of acceptable forms of identification for purposes related to voting. Requires a voter-verified paper record to list each ballot issue or ballot question by number or letter.
States that if the supreme court declines to review a controversy involving the actions of an election official, the decision of the district court shall be final and not subject to further appellate review.
Requires a person registering to vote by emergency registration to answer the questions regarding the person's eligibility to vote and provide an identification number in the same manner as a person completing a nonemergency registration.
Allows a person who attempted to register to vote in a voter registration drive to register by emergency registration if the person is able either to show the receipt from the voter registration drive or to provide the location of the voter registration drive and the approximate date of registration.
Clarifies that the county clerk and recorder shall not register a first-time voter registering to vote by mail if the person does not comply with the requirements to provide a driver's license number or, if the person has not been issued a driver's license, the last 4 digits of the person's social security number if the person has a social security number.
Requires a voter registration drive circulator to collect a voter registration application distributed by the voter registration drive and offered by an elector and deliver the application to the voter registration drive organizer. Increases the time a voter registration drive organizer has to deliver or mail an application collected from an elector to the proper county clerk and recorder from 7 to 15 days after the application is signed.
Changes the penalties for violations of the laws on voter registration drives to:
● A fine of up to $500 for conducting a voter registration drive without filing the statement of intent with the secretary of state, failing to maintain a designated agent in the state, using a voter registration application form other than the form approved by the secretary of state, or failing to fulfill the training requirements;
● A fine of up to $5,000 for intentionally failing to deliver a voter registration drive application to the proper county clerk and recorder in the prescribed time and manner;
● A fine of up to $1,000 for compensating a voter registration drive circulator based on the number of voter registration applications the circulator distributes or collects.
Changes the offense of negligently failing to deliver a voter registration application to the proper county clerk and recorder to willfully failing to deliver a voter registration application. Imposes an additional fine of up to $1,000 on a voter registration drive organizer that has been fined 3 times or more for willfully failing to deliver a voter registration application to the proper county clerk and recorder in the prescribed time and manner.
Eliminates the requirement that a person be a registered voter in order to circulate a petition to nominate a candidate, recall certain elected officials, propose an initiated or referred measure, or form a special taxing district in a home rule county. 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 candidate be eligible to vote in the district in which the candidate is running for election. Eliminates the requirement that a person who circulates an initiative or referendum petition wear a badge indicating the person's name. Eliminates the requirement that the proponents of an initiative or referendum petition file reports with election officials, monthly and when the petition is filed, identifying persons who were paid to circulate the petition and the amount paid to each person. Requires proponents to file a report along with the petition stating the total amount paid to all persons who were paid to circulate the petition.
Changes the method of challenging a candidate petition that the election official has determined to be sufficient from a written protest filed with the designated election official to a petition for review of the petition filed with the district court. If an election official determines that a petition nominating a candidate is insufficient, allows the candidate to appeal the determination to the district court.
States that if a vacancy in a party nomination occurring after the primary election but more than 18 days before the general election is filled before the ballot has been certified, the designated election official shall certify the name of the replacement candidate for the ballot. States that if a vacancy in a party nomination occurring after the primary election but more than 18 days before the general election is filled after the ballot has been certified, the designated election official shall, to the extent reasonably practical in the circumstances, cause the name of the replacement candidate to appear on the official ballot or place a sticker on the sample ballot indicating the name of the replacement candidate. Specifies that a designated election official shall not be required to print new ballots with the name of the replacement candidate if the ballots containing the name of the candidate who vacated the nomination have already been printed. States that if the name of the replacement candidate does not appear on the official ballot, the votes cast for the candidate who vacated the nomination shall be counted as votes for the replacement candidate.
Requires a write-in candidate for governor to designate on the affidavit of intent a write-in candidate for lieutenant governor. States that a write-in vote for a candidate for governor shall not be counted unless the person designated as the write-in candidate for lieutenant governor filed an affidavit of intent.
Permits a minor political party to nominate a candidate who has not been affiliated with the party for the previous 12 months or who has been affiliated with a major political party within the previous 12 months if allowed by the constitution or bylaws of the minor political party.
Directs the secretary of state to establish testing and backup requirements for the equipment used by a vote center to establish a secure electronic connection to the computerized registration book and requirements that a vote center have a paper or electronic copy of the registration records to be used in case of a system failure. Specifies that the guidelines established by the secretary of state for vote centers shall address the number of computers with a secure connection to the computerized registration book, voting devices or machines, provisional ballots, and other supplies to be available at each vote center.
Deletes obsolete language regarding alternative polling places for disabled electors.
States that a ballot marking device may be considered an accessible voter interface device for purposes of the requirement that every voting system have the capability to accept accessible voter interface devices. Defines "ballot marking device" as a device that allows an elector to mark a ballot card used in an electromechanical voting system and that meets specified standards of accessibility. Requires an election judge to deposit every elector's ballot card in the ballot box at a polling place where a ballot marking device is available for accessible voting.
Extends the time in which a county clerk and recorder may hold the required class of instruction for election judges from 32 to 45 days before the election.
States that the number of student election judges assigned to a combined polling place or vote center shall not exceed the number of election judges who are not student election judges. Allows election judges to work shifts lasting less than the entire day, with the consent of the county clerk and recorder or designated election official and subject to the requirements regarding the number and party affiliation of election judges, so long as at least two judges of different affiliations work the entire day.
Requires political party officials, candidates, and proponents or opponents of ballot issues who wish to have watchers at polling places to submit the names of the persons selected as watchers to the county clerk and recorder. States that, to the extent possible, the names of the watchers shall be submitted by the close of business of the Friday before the election.
Eliminates the requirement that an election judge announce the name of a person preparing to vote. Clarifies that an elector is required to present his or her own identification when voting. Eliminates the specified time limit for an elector to occupy a voting booth or remain in the immediate voting area and authorizes the secretary of state to establish, by rule, a time limit for occupying a voting booth.
Increases the percentage of voting devices in each county to be selected for manual random audit following an election from one percent to 5%. Allows the secretary of state to approve an alternative random audit method for a particular county if the method is based on a proven statistical sampling plan and will achieve a higher level of statistical confidence. Requires an audit of each office, ballot issue, and ballot question in the election. Directs the canvass board to submit a report to the secretary of state describing the audit process and including any initial, interim, and final results.
Eliminates the requirement that the official certificate prepared by the election judges for each precinct express vote totals in words as well as numbers. Clarifies that the certificate shall include the results of voting on any ballot issue or ballot question voted on in the election.
Specifies that the first ballot returned by an elector in a mail ballot election shall be considered the elector's official ballot.
Changes the offense of tampering with voting equipment from a misdemeanor to a class 1 misdemeanor.
Allows a person on whom a penalty has been imposed for failure to file campaign finance information on time to appeal the penalty to the appropriate officer. Directs the appropriate officer to set aside or reduce the penalty upon a showing of good cause.
Changes incorrect statutory references regarding school district elections. Allows the vote on the transfer of an existing urban renewal authority to the governing body of a municipality to be held at any regular election.
Appropriates $82,332 and 1.0 FTE from the department of state cash fund to the department of state for the implementation of this act. Appropriates $11,860 of that amount to the department of law for the provision of legal services to the department of state related to the implementation of this act.
APPROVED by Governor June 1, 2007
EFFECTIVE August 3, 2007
NOTE: This act was passed without a safety clause. For further explanation concerning
the effective date, see page vi of this digest.
S.B. 07-234 Mail-in ballots - change from absentee ballots - application for permanent mail-in voter status - list of voters - deletion from voter list - request for permanent status - verification of receipt - capability - delivery to early voters' polling place. Changes the designation of ballots that may be delivered personally or mailed by the elector to the designated election official from absentee ballot to mail-in ballot.
Allows any eligible elector to apply for permanent mail-in voter status. If it is determined that the applicant is an eligible elector, requires the designated election official to place the eligible elector's name upon a list of those eligible electors to whom a mail-in ballot is mailed each time there is a coordinated election.
Requires the designated election official to keep a list of permanent mail-in voters. Specifies that an eligible elector whose name appears on the list of permanent mail-in voters shall remain on the list and shall be mailed a mail-in ballot for each coordinated election. Requires deletion of an eligible elector from the permanent mail-in voter list if the elector notifies the designated election official that he or she no longer wishes to vote by mail-in ballot, the mail-in ballot is returned to the official as undeliverable, or the elector has been deemed inactive.
Requires that voter information cards, elector confirmation cards, and mail-in ballot applications allow an elector to request designation as a permanent mail-in voter.
Requires that the mail-in ballot instruction and return materials contain a statement that all ballots, both polling place and mail-in, are counted in the same manner. Requires the mail-in ballot instruction card to contain information on how an elector may verify that his or her ballot has been received by the county clerk and recorder. Directs each county clerk and recorder to maintain the capability for providing an elector, upon request, with information on whether his or her mail-in ballot was received, including, but not limited to an on-line mail-in ballot tracking system or response by other electronic or telephonic means.
Allows an eligible elector to personally deliver a mail-in ballot to an early voters' polling place in the county in which the elector is registered to vote. Requires each county clerk and recorder to provide one or more early voters' polling places on election day for the purpose of receiving personally delivered mail-in ballots.
APPROVED by Governor June 1, 2007
EFFECTIVE June 1, 2007
S.B. 07-259 Campaign finance - improvements by secretary of state to electronic filing system for reporting information - appropriation. Requires the secretary of state, at the earliest practicable date, to develop and implement improvements to the design and structure of the website maintained by the secretary to improve the public's ability to navigate, search, browse, download, and analyze information. Specifies that such improvements shall include, without limitation:
● Enhanced searching and summary reporting, including the ability to search across multiple committees and all filers, the ability to filter or limit searches, the inclusion of smart-search features such as "name sounds like" or "name contains", and numerical totaling of amounts shown on search results;
● Features that facilitate the ability to download raw data and search results in one or more common formats to enable offline sorting and analyzing;
● Detailed, technical instructions for users;
● Information to help users determine the scope of candidates' and committees' reports and campaign data available online; and
● Resources that give the public comparative context when viewing campaign finance data.
Removes outdated provisions and combines separate provisions concerning the filing system for counties with the provisions governing the filing system for state filers.
Appropriates $86,679 to the department of state from moneys in the department of state cash fund for the implementation of the act.
APPROVED by Governor May 25, 2007
EFFECTIVE July 1, 2007
H.B. 07-1074 Political organizations - disclosure of contributions and spending. Defines "political organization" to mean a political organization defined in section 527 (e) (1) of the federal "Internal Revenue Code of 1986" (code) that is engaged in influencing or attempting to influence the selection, nomination, election, or appointment of any individual to any state or local public office in the state and that is exempt, or intends to seek any exemption, from taxation pursuant to section 527 of the code.
Requires any political organization to report to the appropriate officer in accordance with existing disclosure and reporting requirements under the "Fair Campaign Practices Act" (FCPA):
● Any contributions the political organization receives, including the name and address of each person who has contributed $20 or more to the political organization in the reporting period, and the occupation and employer of each natural person who has made a contribution of $100 or more to the political organization; and
● Any spending by the political organization that exceeds $20 in any one reporting period.
Prohibits any political organization from accepting a contribution, or undertaking spending, in currency or coin exceeding $100.
Specifies that nothing in the act shall be construed to:
● Require any political organization to make any additional disclosure pursuant to the act to the extent the political organization is already providing disclosure as a committee or political party in a manner that satisfies the disclosure or reporting requirements of the FCPA; or
● Authorize the secretary of state to require disclosure of the name of any natural person that is a member of an entity unless the natural person has made a contribution to a political organization in the amount of $20 or more in a reporting period.
APPROVED by Governor May 24, 2007
EFFECTIVE July 1, 2007
H.B. 07-1149 Overseas electors - absent uniformed services electors - absentee ballots - unsigned applications from electors in combat zones. Allows a United States citizen who has never lived in the United States but whose parent is eligible to vote in this state to register and vote by absentee ballot.
Directs the secretary of state to cooperate with the voting assistance officer of any unit of the U.S. armed forces or an officer of the Colorado National Guard or a Colorado-based unit of the reserve components of the uniformed services of the United States to assist with voter registration and absentee ballot applications.
Specifies that an absent uniformed services elector, a nonresident overseas elector, or a resident overseas elector may apply for an absentee ballot by a letter of application in addition to the federal postcard application.
Directs a county clerk and recorder to accept an unsigned federal postcard application or letter of application for an absentee ballot submitted on behalf of an absent uniformed services elector by an authorized officer in the unit in which the elector is serving or from a commissioned officer in the unit to which the elector is assigned, attached, or under operational control or from an authorized voting assistance officer if the officer is authorized to administer oaths and the officer submits a signed statement that the elector:
● Requested an absentee ballot from the officer or through the chain of command;
● Is serving outside the United States, is entitled to additional payment for serving in a zone of hostile fire or imminent danger, and does not have access to the facilities or equipment necessary to send the application due to military circumstances; and
● Provided the necessary information to the officer in writing.
If the elector wishes to register to vote using the federal postcard application, requires the officer to state in the signed statement that the officer administered to the elector the affirmation required on the federal postcard application. Requires a county clerk and recorder who accepts an unsigned absentee ballot application from a military officer on behalf of an absent uniformed services elector to have the absentee ballot delivered to the elector at the address shown on the application.
Clarifies that an overseas elector may vote by federal write-in absentee ballot if the elector timely applied for a state absentee ballot but believes he or she will be unable to vote and return the ballot by the deadline. Specifies that a federal write-in absentee ballot shall not be counted if:
● The ballot was submitted by a nonresident overseas elector or a resident overseas elector from a location in the United States;
● The ballot was submitted by an elector whose state absentee ballot application was received after the close of business on the Friday before the election; or
● The designated election official received a state absentee ballot from the elector by 7 p.m. on election day.
APPROVED by Governor May 22, 2007
EFFECTIVE August 3, 2007
NOTE: This act was passed without a safety clause. For further explanation concerning
the effective date, see page vi of this digest.
H.B. 07-1323 Campaign finance - corporation - limited liability company - contributions by limited liability companies - complaints with secretary of state - civil penalty. 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, 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 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, or political party to which it has made a contribution, as applicable, that it is authorized to make a contribution. Specifies required contents of the affirmation. Prohibits the committee or political party, as applicable, from accepting a contribution from an LLC unless the written affirmation is provided before the contribution is deposited by the committee or political party. Requires the specified committees or a political party receiving the contribution to retain the written affirmation for not less than one year following the date of the end of the election cycle during which the contribution is received.
Makes any contribution by an LLC, and the aggregate amount of contributions from multiple LLCs attributed to a single member of any such LLC under the act subject to the constitutional limits governing such contributions. Requires an LLC that makes any contribution to a candidate committee, political committee, or political party, at the time it makes the contribution, to provide information to the recipient committee or political party as to how the contribution is to be attributed among the members of the LLC. Requires the LLC to then attribute the contribution to its members against the aggregate contribution limit applicable to multiple LLCs under the act; except that the aggregate amount of contributions from multiple LLCs attributed to a single member shall not exceed the constitutional contribution limits. Specifies that nothing in the act shall be construed to restrict a natural person from making a contribution in his or her own name to any committee or political party to the extent authorized by law.
Prohibits a foreign corporation from making any contribution under the campaign and political finance provisions 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 to file a written complaint with the secretary of state no later than 180 days after the date of the alleged violation.
Specifies that any person who has violated any of the act's provisions concerning contribution limits applicable to an LLC or foreign corporation or in connection with the written affirmation requirements shall be subject to a civil penalty as specified in the act.
Defines "limited liability company" to include any form of domestic or foreign entity under the "Colorado Corporations and Associations Act" with certain exceptions enumerated in the act.
Makes the requirements of the act applicable to the portion of any election cycle or for the portion of the calendar year remaining after June 1, 2007, and for any election cycle or calendar year commencing after June 1, 2007, whichever is applicable.
APPROVED by Governor June 1, 2007
EFFECTIVE June 1, 2007
H.B. 07-1376 Precinct caucuses - presidential election years. Changes the date by which a county clerk and recorder shall furnish a list of registered electors to each major political party in the county from 30 to 28 days before the precinct caucus.
Allows a political party, by decision of its state central committee, to hold its precinct caucuses on the first Tuesday in February in a presidential election year. Requires the committee to notify the secretary of state and the clerk and recorder of each county of the decision within 5 days after the decision.
Specifies that, if a political party holds its precinct caucuses on the first Tuesday in February in a presidential election year, the county assemblies of the political party shall be held between 15 and 40 days after the precinct caucuses.
APPROVED by Governor June 1, 2007
EFFECTIVE August 3, 2007
NOTE: This act was passed without a safety clause. For further explanation concerning
the effective date, see page vi of this digest.
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