S.B. 08-243 Election reform commission - creation - membership - duties. Creates the election reform commission (commission) to review, research, and make recommendations to ensure that every eligible citizen has the opportunity to register to vote, participate in fair, accessible, and impartial elections, and have the assurance that his or her vote will count. Specifies that the commission shall consist of 11 members appointed by the president of the senate, the speaker of the house of representatives, the minority leaders of both houses, the governor, and the secretary of state. Specifies that the members appointed by the speaker and the minority leader of the house of representatives shall include a county clerk and recorder or a representative of county clerk and recorders and a representative of municipal government. Directs the officials who appoint members to attempt to achieve regional diversity and partisan balance and to consider persons with experience and expertise in:
● Election law;
● Election administration;
● Computer science;
● Statistics and auditing;
● Engineering and systems analysis; and
● Accessibility of voting systems to persons with disabilities.
Requires the commission to hold its first meeting by November 14, 2008. Authorizes the legislative council staff and the office of legislative legal services to provide staff support to the commission with the approval of the speaker of the house of representatives and the president of the senate. Specifies that the members of the commission shall serve without compensation or reimbursement of expenses.
Directs the commission to conduct a nonpartisan review of the manner in which state and local elections are currently conducted, review available information on elections that may assist the commission in recommending changes to the state's election laws, and recommend changes to the state's election laws to protect the constitutional right to vote by ensuring that every election conducted in the state is accurate, secure, transparent, verifiable, recountable, auditable, and accessible. Specifies that the commission's review may address subjects including, but not limited to:
● Issues and problems involving electronic voting systems that have arisen in Colorado and other states since the enactment of the federal "Help America Vote Act of 2002" (HAVA);
● The standards, criteria, and procedures by which rules and guidelines for the certification of electronic voting systems are adopted in the state;
● The manner in which electronic voting systems are certified in the state;
● Public access to the certification process and to electronic voting system software;
● Technology that enables persons with disabilities to vote independently and in compliance with HAVA;
● The short-term and long-term costs of purchasing, maintaining, and operating electronic voting systems;
● The reliability and integrity of electronic and other voting systems;
● The security, accuracy, and efficiency of the systems and methods used to register electors and to maintain voter registration records;
● Issues related to the conduct of elections in special districts;
● Whether the state should adopt a uniform voting system to be used in all counties;
● Whether the auditing and recounting procedures in current law provide a meaningful level of statistical confidence to electors and candidates;
● The number of eligible electors who show a form of identification that does not contain a photograph of the eligible elector when voting at a polling place, and the number of eligible electors who show each form of such identification, based on information received from county clerk and recorders;
● Other issues related to the accuracy, security, transparency, verifiability, recountability, auditability, and accessibility of elections in the state;
● Alternative methods of conducting elections; and
● The feasibility and desirability of creating a permanent election reform commission.
Requires the commission to hold meetings that are open to the public and to solicit and receive public testimony and input on the issues studied by the commission and public comments on the commission's work. Directs the commission to report its recommendations for changes to the state's election laws to the state, veterans, and military affairs committees of the senate and the house of representatives by March 1, 2009. Requires the report to include an unbiased analysis of the fiscal impact and technical feasibility of the recommended changes.
APPROVED by Governor June 2, 2008
EFFECTIVE June 2, 2008
H.B. 08-1003 Special congressional vacancy election - declaration - time - nominations - rules. Directs that the governor issue a proclamation setting a day to hold a special congressional vacancy election in the event of a declaration by the speaker of the United States house of representatives that vacancies exist in more than 100 of the offices of representatives in congress and where one or more of those vacancies is in the office of a representative in congress from this state. Requires that the special congressional vacancy election shall be conducted on a Tuesday not more than 49 days after the date of the declaration, unless a general election for the office is to be held within 75 days of the date of the declaration.
Requires that candidates at the special congressional vacancy election be nominated by the party congressional central committee not later than 10 days after the speaker's declaration.
Requires a person who desires to be an unaffiliated candidate at the special congressional vacancy election to submit to the secretary of state a notarized candidate's statement of intent together with a nonrefundable filing fee of $500.
Authorizes the secretary of state to promulgate rules for the administration and enforcement of the act or to adjust statutory deadlines to ensure that a special congressional vacancy election is held within the requisite time.
APPROVED by Governor April 14, 2008
EFFECTIVE April 14, 2008
H.B. 08-1041 Campaign finance - violations of rules or FCPA - written complaints - sanctions - attorney fees - penalties for violations of statutory provisions prohibiting state agencies or political subdivisions from making contributions or expenditures in campaigns. Authorizes any person who believes that a violation of either any provision of the secretary of state rules concerning campaign and political finance (rules) or any provision of the state "Fair Campaign Practices Act" (FCPA) has occurred to file a written complaint with the secretary of state not later than 180 days after the date of the occurrence of the alleged violation. Specifies that the complaint is subject to all applicable procedures specified in the enforcement provisions of article XXVIII of the state constitution (article XXVIII).
Specifies that any person who commits a violation of either the rules or the FCPA that is not specifically listed in the enforcement provisions of article XXVIII is subject to the sanctions specified in article XXVIII.
Prohibits attorney fees from being awarded in a campaign finance enforcement action unless the court or administrative law judge, as applicable, has first considered certain statutory provisions governing the awarding of attorney fees in civil actions generally.
In connection with an action brought to enforce statutory provisions prohibiting state agencies or political subdivisions from making contributions in candidate elections or making expenditures from public funds in campaigns involving ballot issues, referred measures, or recall measures, subjects such violations to the provisions of article XXVIII or any appropriate order or relief, and expressly authorizes as a form of appropriate order or relief an order directing the person making an illegal contribution or expenditure to reimburse the fund of the state or political subdivision, as applicable, from which such moneys were diverted for the amount of the contribution or expenditure.
APPROVED by Governor April 10, 2008
EFFECTIVE April 10, 2008
H.B. 08-1128 Signature verification devices. Authorizes county clerks and recorders to access the digitized signatures in the statewide voter registration system in order to compare an elector's signature in the system with the signature on the return envelope of a mail-in ballot or mail ballot, including by using a signature verification device.
In a statewide primary or general election or a coordinated mail ballot election, requires election judges to compare an elector's signature on the return envelope of a mail-in ballot or mail ballot with the elector's signature on file with the county clerk and recorder or in the statewide voter registration system. Authorizes the designated election official to allow an election judge to use a signature verification device to compare the signatures. States that the signature on the return envelope is deemed verified if the signature verification device determines that the signatures match. Requires an election judge to compare the signatures if the signature verification device is unable to determine that the signatures match.
States that the return envelope for a mail-in ballot or mail ballot shall not be required to have a flap covering the signature or otherwise impede the use of a signature verification device.
Directs the secretary of state to adopt rules establishing procedures for using signature verification devices to process ballots.
Clarifies and makes consistent various provisions on verifying signatures on mail-in ballot and mail ballot return envelopes.
APPROVED by Governor April 10, 2008
EFFECTIVE April 10, 2008
H.B. 08-1155 Certification of voting systems - special rules regarding voting systems retested in 2007 - authority of secretary of state. Without relaxing existing standards for voting systems, authorizes the secretary of state to amend or rescind any of the orders issued by the secretary on December 17, 2007, regarding the certification of voting systems. If the secretary amends or rescinds an order decertifying a voting system, requires the secretary to perform a test or otherwise demonstrate that the major deficiencies of the voting system have been resolved or mitigated and to issue a statement of the specific reasons for the decision. States that a decision to amend or rescind an order decertifying a voting system shall be effective only for elections held in 2008 and 2009. Requires the secretary to deliver a copy of the decision to the state, veterans, and military affairs committees of the senate and the house of representatives and to the designated election official of each political subdivision that uses the voting system subject to the decision.
In connection with a potential decision to amend or rescind an order, allows the secretary of state to require or permit additional testing of a voting system and communicate with the voting system provider and county clerks and recorders to ensure its accuracy, security, and accessibility. Directs the secretary of state to allow a county clerk and recorder to designate an employee to operate the voting system during the additional testing. States that additional testing and communication by the secretary is subject to applicable provisions of the open meetings law and the open records law. In deciding whether to amend or rescind an order, requires the secretary to consider the information obtained from the testing or communication and the accuracy and security procedures, audits, processing functions, and other relevant procedures used by county clerks and recorders in conducting elections.
APPROVED by Governor February 11, 2008
EFFECTIVE February 11, 2008
H.B. 08-1233 Campaign finance - contributions from limited liability companies - attribution of contribution among members of the limited liability company. Modifies existing provisions of the "Fair Campaign Practices Act" requiring a limited liability company (LLC) to provide information to the recipient committee or political party to specify how the amount of the total contribution from an LLC is to be attributed among the members of the LLC. Specifies that the attribution is to reflect the capital each member of the LLC has invested in the company relative to the total amount of capital invested in the company as of the date the company makes the campaign contribution. For a single member LLC, the contribution is to be attributed to that single member.
APPROVED by Governor April 14, 2008
EFFECTIVE April 14, 2008
H.B. 08-1329 Mail ballot elections - voter information card - mailings to electors whose registration records have been marked as "inactive - failed to vote" or "inactive - undeliverable" - requirements for precinct boundaries used in general elections. Requires the county clerk and recorder to mark the registration record of a registered elector with the words "Inactive - undeliverable" if the elector was mailed a confirmation card no later than 90 days after the 2008 general election and the card was returned by the United States postal service as undeliverable.
Requires the county clerk and recorder to mail a voter information card not less than 90 days before a mail ballot election to any registered elector whose registration record has been marked "Inactive - failed to vote." Defines "Inactive - failed to vote" to mean a registered elector who is deemed "Active" but who failed to vote in a general election, but excludes an elector whose registration record is marked "Inactive - undeliverable". Authorizes the voter information card required by the act to be sent as part of the voter information card already required to be mailed under existing statutory provisions. Requires the voter information card to be sent to the elector's address of record unless the elector has requested that such communication be sent to his or her deliverable mailing address. Requires the voter information card to be marked "DO NOT FORWARD".
Requires the county clerk and recorder to mark the registration record of a registered elector whose record has been marked as "Inactive - failed to vote" with the words "Inactive - undeliverable" if the voter information card required to be sent is returned by the United States postal service as undeliverable.
Requires a mail ballot for any mail ballot election to be conducted in November 2009 to be mailed to all registered electors whose registration record has been marked as "Inactive - failed to vote". Prohibits the mail ballot from being sent to registered electors whose registration record has been marked as "Inactive - undeliverable".
In any mail ballot election conducted on or after July 1, 2008, requires the county clerk and recorder to mark the registration record of a registered elector with the words "Inactive - undeliverable" if a mail ballot sent to the elector is returned by the United States postal service as undeliverable.
Except as otherwise required by federal law, requires the precinct boundaries established by the county clerk and recorder of each county that are used in the general election in years ending in the number 8 to remain in effect until after the general election in years ending in the number zero. Permits the precincts so established to be subdivided within the boundaries of the original precinct, and permits adjacent precincts to be aggregated for purposes of data collection. Requires the county clerk and recorders to timely submit in writing to the director of research of the legislative council a list showing the precincts for which the boundaries have changed if the precinct boundaries used in the general election in years ending in the number 8 are changed pursuant to federal law prior to the next general election in years ending in the number zero.
APPROVED by Governor June 2, 2008
EFFECTIVE July 1, 2008
H.B. 08-1345 Vacancies in office - general assembly - state board of education - county commissioner. Extends the time a vacancy committee has to fill a vacancy in the general assembly or on the state board of education from 10 to 30 days.
Increases from 6 to 10 days the required period of notice of a meeting of a vacancy committee to fill a vacancy in the general assembly. Specifies that a meeting of a vacancy committee to fill a vacancy in the general assembly is open to the public. Requires a person appointed to fill a vacancy in the general assembly to take the oath of office within 30 days after the appropriate house receives the secretary of state's certification or on the convening date of the general assembly, whichever occurs first. States that, if the person does not take the oath of office within such time, the seat shall be deemed vacant and shall be filled by the appropriate vacancy committee. Directs the president of the senate or the speaker of the house of representatives to extend the time to take the oath in extenuating circumstances. Specifies that a vacancy in the general assembly caused by the resignation of a member occurs on the effective date of the member's letter of resignation.
States that a vacancy committee may fill a vacancy in the office of county commissioner only at a meeting called for the purpose. Prohibits the vacancy committee from meeting unless a quorum of at least one-half of the voting members is present. Prohibits a member of the vacancy committee from voting by proxy. Requires the chairperson of the central committee to mail written notice of the time and location of the meeting to each member of the vacancy committee at least 6 days before the meeting.
APPROVED by Governor June 2, 2008
EFFECTIVE August 5, 2008
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date,
see page vi of this digest.
H.B. 08-1378 Ranked voting methods - authorization for municipal and special district elections - rules by secretary of state - reports. Defines "ranked voting method" as a method of casting and tabulating votes, such as instant runoff voting, choice voting, or proportional voting, that allows an elector to rank candidates for an office in order of preference and uses these preferences to determine the winner of the election.
Authorizes a statutory city or town or a special district (local government) to conduct an election using a ranked voting method if the use of ranked voting is not prohibited by the charter of the local government and the election is conducted with a system of casting, recording, and tabulating votes that is capable of conducting the election using ranked voting and has been approved by the governing body and the designated election official of the local government. Allows a local government conducting an election using a ranked voting method to adapt certain requirements of the "Colorado Municipal Election Code of 1965" or the "Uniform Election Code of 1992", as appropriate, for compatibility with the ranked voting method.
Requires the secretary of state to submit a report to the state, veterans, and military affairs committees of the house of representatives and the senate by February 15, 2011, that includes:
● An assessment of all elections conducted using ranked voting methods by local governments in accordance with the act and by home rule cities or cities and counties in accordance with their charters through the general election of November 2010;
● Recommendations for changes to statutes, rules, and local voting procedures that would be required to implement ranked voting as a permanent alternative election method for state, federal, and local special and general elections;
● An inventory of available election equipment necessary for conducting elections using ranked voting methods, including the costs associated with the equipment; and
● Any recommendations made by the designated election officials of local governments that conducted an election using a ranked voting method.
Requires a ranked voting method to:
● Allow an elector to rank as many choices as there are candidates for an office or at least three choices if the voting system cannot accommodate the total number of candidates; and
● Allow an elector to rank up to 2 qualified write-in candidates.
States that the ranked voting method used in an election in which one candidate is to be elected to an office shall be known as instant runoff voting, in which ballots are counted in rounds simulating a series of runoffs, eliminating the candidate with the fewest votes after each round until 2 candidates remain or one candidate has more votes than all other candidates combined.
States that an election in which more than one candidate is to be elected to an office in a multiple-seat district or on a governing body that includes multiple at-large seats may be conducted using the principles of instant runoff voting or using the single transferable vote method. Under this method, ballots are counted in rounds, surplus votes for candidates who reach a specified winning threshold are transferred to other candidates, and candidates with the fewest votes are eliminated until the number of candidates at the winning threshold equals the number of seats to be filled.
Requires a local government to provide an explanation of ranked voting and instructions for electors at each polling place and with each mail-in ballot and to conduct an education and outreach campaign to familiarize voters with ranked voting. States that in an election conducted using a ranked voting method, ballots shall not be counted at the polling place but shall be delivered to the canvass board for counting. Requires the designated election official to issue specified reports on an election conducted using a ranked voting method.
Directs the secretary of state to adopt rules on ranked voting methods and provide guidance to local governments on conducting elections using ranked voting methods.
APPROVED by Governor May 27, 2008
EFFECTIVE August 5, 2008
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date,
see page vi of this digest.
H.B. 08-1401 Voter information card - inactive registered electors - reimbursement - appropriation. Requires a county clerk and recorder to send a voter information card by forwardable mail to each active registered elector of the county and by nonforwardable mail to each inactive registered elector, except an elector whose previous communication from the clerk and recorder was returned as undeliverable or an elector whose registration record was marked "Inactive" by the clerk and recorder before the general election of 2006 because the elector did not vote in a general election.
Requires the secretary of state to reimburse a county for the cost of sending voter information cards to inactive registered electors before the 2008 general election from moneys in the department of state cash fund. Appropriates $150,000 from the department of state cash fund to the department of state for reimbursement of local election expenses based on the number of active registered electors. Appropriates $300,000 from the department of state cash fund to the department of state for reimbursement of counties for the cost of sending voter information cards to inactive registered electors before the 2008 general election.
APPROVED by Governor June 2, 2008
EFFECTIVE June 2, 2008
H.B. 08-1406 Initiative and referendum petitions - protest - paid petition circulators - registration of petition entities - false or misleading statements regarding proposals - petition forms. Extends the time allowed to protest the validity of an initiative or referendum petition (petition) from 30 to 45 days after the secretary of state determines whether the petition has a sufficient number of valid signatures. Requires the secretary to make a petition available to the public upon request immediately after the secretary issues a statement as to whether the petition has a sufficient number of valid signatures or the petition is deemed sufficient because the secretary failed to issue the statement. Clarifies that the requirement that proponents of a petition report the total amount paid to persons to circulate the petition applies to amounts paid to legal entities as well as individuals.
Prohibits a person from acting as a paid petition circulator unless the person:
● Is a citizen of the United States;
● Is a legal resident of the state; and
● Has not been convicted of a felony involving fraud or a felony sex offense.
Prohibits an entity that pays petition circulators or coordinates the collection of petition signatures (petition entity) from knowingly providing compensation to a petition circulator who does not meet these requirements.
Requires a petition entity to register with the secretary of state and provide specified petition identification and contact information to the secretary. Requires the designated agent of a petition entity to submit to the secretary of state an oath or affirmation that:
● The designated agent is a resident of the state.
● The petition entity does not knowingly hire paid petition circulators who are not United States citizens and legal residents of the state or who have been convicted of a felony involving fraud or a felony sex offense.
● The petition entity has provided to each of its paid petition circulators the text of the measure proposed by the petition and instructed each circulator not to make any false or misleading statement regarding the measure.
Requires a petition form used by a paid petition circulator to contain the name of the petition entity. States that a signature on a petition is invalid if it was not gathered in compliance with the act.
States that the misdemeanor offense of obtaining a signature by deception applies to the circulation of petitions. States that a petition entity that violates the act is guilty of a misdemeanor. Requires strict compliance with the act by a petition entity.
VETOED by Governor May 30, 2008
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