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HOUSE BILL 26-1023
BY REPRESENTATIVE(S) Luck and Woodrow, Bottoms, Bradley,
Brooks, Caldwell, Clifford, DeGraaf, Duran, Espenoza, Goldstein,
Hartsook, Lindsay, Martinez, Phillips, Richardson, Slaugh, Story, Suckla,
Taggart, Velasco, Weinberg, Winter T.;
also SENATOR(S) Baisley and Rodriguez, Zamora Wilson, Benavidez,
Carson, Cutter, Daugherty, Exum, Frizell, Gonzales J., Jodeh, Kipp, Kolker,
Marchman, Mullica, Pelton R., Wallace, Coleman.
CONCERNING CLARIFICATION OF A POLITICAL PARTY 'S LIABILITY FOR
CERTAIN ACCESSIBILITY REQUIREMENTS RELATING TO BALLOT
ACCESS FOR PERSONS WITH DISABILITIES.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 1-1-116, amend (2)
and (3) as follows:
1-1-116. Access to precinct caucus - party assembly.
(2) (a) Notwithstanding any provision to the contrary, within six
months of August 7, 2024, any person WHO IS ELIGIBLE TO PARTICIPATE IN
ACCORDANCE WITH THE PROVISIONS OF SECTION 1-3-101, upon request,
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act.
must be able to participate in a precinct caucus or a party assembly with the
use of a video conferencing platform The political party holding the caucus
or assembly must allow participation with the use of a video conferencing
platform without requiring or requesting an explanation of the need for the
use of the video conferencing platform. It is in a political party's discretion
to determine which video conferencing platform will be used for precinct
caucuses and party assemblies so long as the platform is accessible to
persons with disabilities. Each political party shall establish policies
regarding the procedure and timeline for a person to request to participate
in a precinct caucus or a party assembly with the use of a video
conferencing platform.
(b) The requirements of subsection (2)(a) of this section do not
apply when a precinct caucus or party assembly occurs in a geographic
location that is in an unserved area of the state, as defined in section
40-15-102 (32); EXCEPT THAT ANY PERSON IN SUCH UNSERVED AREA WHO
IS ELIGIBLE TO PARTICIPATE IN ACCORDANCE WITH THE PROVISIONS OF
SECTION 1-3-101, UPON REQUEST, MUST BE ABLE TO PARTICIPATE IN SUCH
PRECINCT CAUCUS OR PARTY ASSEMBLY WITH THE USE OF AN ALTERNATIVE
TO A VIDEO CONFERENCING PLATFORM, SUCH AS A TELEPHONE CONFERENCE
CALL. THE ALTERNATIVE MEANS OF PARTICIPATION USED IN ACCORDANCE
WITH THIS SUBSECTION (2)(b) MUST BE ACCESSIBLE TO PERSONS WITH
DISABILITIES.
(c) A political party holding a precinct caucus or party assembly that
is exempt pursuant to subsection (2)(b) of this section from the
requirements of subsection (2)(a) of this section must allow participation
with the use of an alternative to a video conferencing platform, such as a
telephone conference call. The alternative means of participation used by
a political party in accordance with this subsection (2)(c) must be accessible
to persons with disabilities.
(d) A political party may require that a person request to participate
in a precinct caucus or a party assembly with the use of a video
conferencing platform, or an alternative to a video conferencing platform
as provided in subsection (2)(c) SUBSECTION (2)(b) of this section, not more
than thirty days in advance of the precinct caucus or party assembly.
(3) The failure of any political party to make a reasonable effort to
comply with the requirements of this section constitutes discrimination on
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the basis of disability in violation of section 24-34-602 SECTION 24-34-601.
Any person who is subjected to a violation of this section is entitled to seek
all relief provided in section 24-34-602 SECTION 24-34-602 (1.5) ONLY
AGAINST THE CENTRAL COMMITTEE OF THE POLITICAL PARTY HOLDING THE
CAUCUS OR ASSEMBLY. AN INDIVIDUAL , INCLUDING A MEMBER OF THE
CENTRAL COMMITTEE OF THE POLITICAL PARTY OR A VOLUNTEER FOR THE
POLITICAL PARTY, MAY NOT BE HELD LIABLE FOR A VIOLATION OF THIS
SECTION.
SECTION 2. In Colorado Revised Statutes, 24-34-602, add (1.5)
as follows:
24-34-602. Penalty and civil liability.
(1.5) (a) A PERSON AGGRIEVED BY A VIOLATION OF SECTION 1-1-116
MAY BRING AN ACTION IN ANY COURT OF COMPETENT JURISDICTION. UPON
FINDING A VIOLATION OF SECTION 1-1-116, THE PLAINTIFF IS ENTITLED TO A
COURT ORDER REQUIRING COMPLIANCE WITH THE PROVISIONS OF THE
APPLICABLE SECTION AND EITHER:
(I) THE RECOVERY OF ACTUAL MONETARY DAMAGES; OR
(II) A STATUTORY FINE OF THREE THOUSAND FIVE HUNDRED
DOLLARS, PAYABLE TO EACH PLAINTIFF FOR EACH VIOLATION.
(b) FOR A CLAIM BROUGHT FOR A VIOLATION OF SECTION 1-1-116,
EACH CAUCUS OR ASSEMBLY IS CONSIDERED A SINGLE INCIDENT AND NOT AS
SEPARATE VIOLATIONS.
SECTION 3. Safety clause. The general assembly finds,
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety or for appropriations for
PAGE 3-HOUSE BILL 26-1023
the support and maintenance of the departments of the state and state
institutions.
____________________________ ____________________________
Julie McCluskie James Rashad Coleman, Sr.
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Vanessa Reilly Esther van Mourik
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 4-HOUSE BILL 26-1023