KLS Keeping Law Simple Legislation in plain English

Straight-ahead summaries built from the official bill text. We keep the source links front and center and leave the decision up to you.

Back to Colorado

HB26-1113 • 2026

Modifications to Elections

The act modifies the 'Uniform Election Code of 1992' (code) as follows: Regarding elections generally, includes in the definition of 'identification' for purposes of the code a division of youth servi

Budget Crime Education Elections Firearms Technology
Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor
Rep. E. Sirota, Rep. J. Willford, Sen. K. Wallace, Sen. M. Weissman, Rep. J. Bacon, Rep. A. Boesenecker, Rep. K. Brown, Rep. S. Camacho, Rep. M. Duran, Rep. M. Froelich, Rep. L. García, Rep. L. Goldstein, Rep. E. Hamrick, Rep. J. Jackson, Rep. J. Joseph, Rep. M. Lindsay, Rep. M. Lukens, Rep. J. Mabrey, Rep. M. Martinez, Rep. J. McCluskie, Rep. K. McCormick, Rep. K. Nguyen, Rep. A. Paschal, Rep. J. Phillips, Rep. N. Ricks, Rep. M. Rutinel, Rep. R. Stewart, Rep. T. Story, Rep. B. Titone, Rep. E. Velasco, Rep. S. Woodrow, Rep. Y. Zokaie, Sen. A. Benavidez, Sen. J. Coleman, Sen. J. Danielson, Sen. T. Exum, Sen. J. Gonzales, Sen. I. Jodeh, Sen. C. Kipp, Sen. J. Marchman, Sen. M. Snyder, Sen. T. Sullivan
Last action
2026-06-01
Official status
Governor Signed
Effective date
Not listed

Plain English Breakdown

The official source text is truncated at the end of Section 5 regarding mail ballot access instructions; full content on that specific point may be incomplete.

HB26-1113: Updates to Election Rules and Voter Information

This law updates election rules by adding new forms of ID, requiring colleges to send voting information emails, creating an emergency advisory group for disasters, restricting who can serve as poll watchers, and adjusting how voter records are managed.

What This Bill Does

  • Adds youth service IDs and written letters from county sheriffs confirming jail confinement as acceptable proof of identity for voting.
  • Requires all institutions of higher education to send emails about voting rules, registration deadlines, and polling locations to enrolled students.
  • Creates a six-person election emergency advisory group to advise the governor and secretary of state during declared disaster emergencies.
  • Prohibits people convicted of certain election crimes or federal offenses like sedition from serving as poll watchers.
  • Allows 17-year-olds who are at least 6 months old to access and update their voter registration information online before turning 18.
  • Requires county clerks to set specific operational hours for their offices.
  • Changes how the secretary of state shares election laws with county clerks by providing access rather than sending full copies.

Who It Names or Affects

  • Voters in Colorado, including those using youth IDs or living in detention facilities.
  • Students at all institutions of higher education.
  • County clerks and the secretary of state who manage election operations.
  • Political parties and candidates running for office.

Terms To Know

Watcher
A person selected by a candidate or party to observe voting activities at polling places, now restricted from those with certain criminal convictions.
Preregistration
The process of signing up to vote before reaching the legal age; this law allows 17-year-olds (6 months or older) to update their info online.
Election Emergency Advisory Group
A six-member team created by the governor to advise on election rules during a declared disaster emergency.

Limits and Unknowns

  • The specific dates for when new college email requirements take effect are not listed in this text.
  • The exact operational hours that county clerks must set are determined by each office, as the law does not specify times.
  • The emergency advisory group rules expire on January 31, 2031.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

S.001

Committee of the Whole

Lost

Plain English: This amendment changes the law to allow a vote by either the county clerk and recorder or another unspecified person.

  • The text replaces 'county clerk and recorder' with 'county clerk and recorder OR THE'.
  • It removes three lines of existing text on page 16.
  • The amendment cuts off the sentence after adding 'OR THE', so it is unclear who else can cast a vote.
  • Because the full replacement phrase is missing, we cannot explain exactly how voting rules would change beyond allowing someone other than just the clerk.
L.001

HOU State, Civic, Military, & Veterans Affairs

Passed [*]

Plain English: This amendment changes the law so that people on parole or under specific transitional supervision can register to vote and cast ballots in Colorado elections.

  • It updates the definition of 'term of imprisonment' to exclude time spent on parole or under certain Department of Corrections transitional statuses.
  • It allows individuals who are currently serving a sentence of parole to register to vote.
  • The amendment text does not explain what specific rules apply if an individual's status changes between being confined and on parole during the same election cycle.
  • The exact details of 'Articles 27 and 34 of Title 18' mentioned in the law are not described in this document.
L.002

HOU State, Civic, Military, & Veterans Affairs

Passed [*]

Plain English: This amendment changes how Colorado sends updated election law information to county officials by requiring them to provide access instead of sending physical copies.

  • The Secretary of State must give each county clerk and recorder access to the latest parts of state election laws within 60 days after the legislature ends its session.
  • The amendment text does not explain what specific method will be used to provide 'access,' such as a website link or digital file.
  • It is unclear if this change stops the Secretary of State from sending physical copies in addition to providing access.
L.003

HOU State, Civic, Military, & Veterans Affairs

Passed [*]

Plain English: This amendment changes the deadline for filing petitions to run as an unaffiliated candidate in a special election for Congress.

  • It sets a new rule that petition forms must be submitted by 5 p.m. on the tenth day after the governor issues an order calling for the special election.
  • The text includes conflicting instructions with words like 'twentieth' and 'tenth', as well as extra phrases about ballot certification deadlines, making it unclear which specific date rule is intended.
  • Because of these confusing edits in the official text, the exact final deadline cannot be confirmed without further clarification.
L.004

HOU State, Civic, Military, & Veterans Affairs

Passed [*]

Plain English: This amendment changes how political parties fill empty candidate spots before an election by shortening deadlines and giving party leaders more power if committees miss those deadlines.

  • If a political party cannot find someone to replace a missing candidate, the spot will stay empty instead of being filled later.
  • Committees must send meeting notices within ten days (instead of five) after learning about an open spot.
  • Party leaders can step in and appoint their own replacement if the committee does not finish its job within twenty days or before specific election deadlines.
  • The final paperwork for a new candidate must be submitted by strict dates that are closer to the primary election.
  • The official text provided is cut off at the end, so it does not explain how votes cast for candidates who leave before the election will be handled.
  • Some parts of the amendment use all capital letters and strike-through lines that make the exact wording hard to read without seeing the original bill.
L.005

HOU State, Civic, Military, & Veterans Affairs

Passed [*]

Plain English: This amendment updates Colorado election laws to require petition signers to print their full address and date, use black ink or a pen when possible, and clarifies rules for people who need help signing due to disabilities.

  • Signers must now write out their street number, city, county, and the date they signed on petitions unless they are physically unable to do so.
  • Petition signatures should be made with black ink or a pen whenever possible instead of other writing tools.
  • If someone writes down their mailing address instead of where they live, election officials can still accept it if they find that person in the voter registration database and confirm they are eligible.
  • People who cannot read, write, or have physical disabilities may get help from anyone except the petition circulator to fill out their information.
  • The text does not explain what happens if a signer uses blue ink instead of black ink when they are able to use black.
  • It is unclear exactly how election officials will check mailing addresses against the database in every situation described.
L.006

HOU State, Civic, Military, & Veterans Affairs

Passed [*]

Plain English: This amendment changes the rules so that petition signatures must be checked and results announced within thirty days of a filing deadline, instead of sixty days after submission.

  • The time limit for checking petition signatures is shortened from up to sixty calendar days to no more than thirty calendar days if there is an upcoming ballot deadline.
  • Petitions cannot be viewed by the public while officials are counting and verifying the signatures on them.
  • If the Secretary of State does not finish checking a petition within the new time limit, the petition automatically counts as having enough valid signatures.
  • The official text provided only covers changes to signature verification timelines for ballot petitions and does not explain other parts of the original bill regarding youth service identification.
  • Specific dates or election years affected by this change are not listed in the amendment text.
L.008

HOU State, Civic, Military, & Veterans Affairs

Passed [*]

Plain English: This amendment sets a strict rule that any hand count of paper ballots in Colorado must be done by a team of four election judges working together.

  • Requires teams of exactly four election judges to handle every manual ballot counting process, such as audits or recounts.
  • Mandates that one judge reads each vote mark out loud while another judge watches and helps decide the voter's intent if needed.
  • Orders two other judges to write down the votes on separate forms so their records can be compared regularly to find any mistakes.
  • The amendment does not explain how often 'regular intervals' for comparing forms must happen, leaving that detail for future rules.
  • It states the Secretary of State may create more specific rules later but does not list what those new rules will be.
L.009

HOU State, Civic, Military, & Veterans Affairs

Passed [*]

Plain English: This amendment allows a special election to fill an empty seat in Congress to be included on the same ballot as a presidential primary if both happen on the same day.

  • It changes Colorado law so that ballots for presidential primaries can include one extra item: a vote to fill a vacant congressional seat.
L.010

HOU State, Civic, Military, & Veterans Affairs

Passed [*]

Plain English: This amendment removes a specific rule that required drawing lots to decide the order of names on ballots for congressional vacancy elections.

  • It deletes section (3) from Colorado law regarding how candidate names are arranged on ballots.
  • The amendment text only shows what is being removed and does not explain the new rule that will replace it for congressional vacancy elections.
  • Because the replacement language is missing, we cannot describe exactly how ballot positions will be decided in the future.
L.011

HOU State, Civic, Military, & Veterans Affairs

Passed [*]

Plain English: This amendment changes the rules for when Colorado counties must provide ballots in minority languages by adding a new deadline based on federal data releases.

  • The Secretary of State will now have to notify county clerks about language ballot requirements one year after the federal government releases Section 203 census data, instead of only every even-numbered year.
  • The amendment text contains conflicting instructions using both 'AND' and 'OR', making it unclear if counties must meet deadlines for both scenarios or just one.
  • It is not clear from this short excerpt exactly what the federal Section 203 data includes, so readers cannot know how often these new updates will happen.
L.012

HOU State, Civic, Military, & Veterans Affairs

Passed [*]

Plain English: This amendment requires Colorado's voter registration system to use map and location data by July 1, 2029, to fix address errors and improve mail delivery.

  • The statewide voter registration system must be updated to include geographic information systems (GIS) technology.
  • Officials can use this new mapping data to check if residential addresses are correct and assign voters to the right districts.
  • The goal is to reduce undeliverable election mail and make sure ballots reach voters without needing replacements.
  • State officials must finish setting up these features no later than July 1, 2029.
  • This amendment strictly forbids using the map data to decide if a person is eligible to vote or to challenge their registration.
  • The specific rules for how counties will share this data and keep it secure have not been written yet; officials must create those rules later.
L.013

HOU State, Civic, Military, & Veterans Affairs

Passed [*]

Plain English: This amendment updates election rules to require more specific information about voting locations, changes the names of certain voting machines, sets a deadline for releasing location details, and adds special delivery options for military voters.

  • Election plans must now include how many voter check-in stations there are and how many judges will work at them.
  • The law replaces the term 'electronic or electromechanical voting systems' with 'ballot marking devices and ballot on demand systems'.
  • The Secretary of State must publish details about each polling center by August 1 for every election plan submitted.
  • Special rules are added to handle vacancies for county commissioners or state legislators, and overseas military voters can use the fastest available mail method.
  • The amendment text does not explain why these specific changes were chosen or how they will affect voting times in practice.
  • Some parts of the original bill regarding youth service identification are mentioned in metadata but do not appear in this specific amendment's text.
L.014

HOU State, Civic, Military, & Veterans Affairs

Passed [*]

Plain English: This amendment updates election rules to require colleges to share voter information with local officials, clarifies how candidates are chosen for special elections, and gives the Secretary of State more power to set specific procedures.

  • Colleges must send details about their voting emails or signs to county clerks before they use them.
  • The law now allows voters to choose a replacement candidate without breaking rules against changing party support.
  • Special elections for Congress are added to the list of situations where specific election requirements apply.
  • The Secretary of State is given authority to create official rules about voting systems and wait times.
  • Some changes use technical legal terms that make it hard to explain exactly how every new rule will work in practice without more context from the full bill.
  • The amendment does not provide specific examples of what information colleges must share or what the new voting rules will look like.
J.001

SEN Appropriations

Passed [*]

Plain English: This amendment adds $10,000 in funding for the Department of State to help pay staff costs needed to carry out changes made by this bill.

  • $10,000 is set aside from the state budget for the 2026-27 fiscal year specifically for the Department of State.
  • The Division of Information Technology can use this money to pay for personal services, which means hiring or paying staff members.
  • The amendment text does not explain exactly what specific tasks the new staff will perform beyond general implementation of the act.
L.023

SEN State, Veterans, & Military Affairs

Passed [*]

Plain English: This amendment changes the rules for young voters registering early, sets stricter ID requirements to transfer or cancel voter records when people move, and creates a process for replacing candidates who drop out after ballots are printed.

  • Young people can preregister to vote at age seventeen and six months instead of waiting until they will be eighteen by the next election.
  • Voters moving between counties must provide their name plus two matching identifiers, such as date of birth or ID number, for their registration record to transfer automatically.
  • County officials cannot cancel a voter's registration due to duplicate records unless there is a match on the person's name and at least two other specific pieces of identifying information.
  • If a candidate drops out after ballots are printed, election officials must post notices or use colored stickers so voters know who replaced them, and votes for the original candidate will count for the replacement.
  • The provided text is incomplete at the end (truncated), so any changes regarding reporting delays on page 43 cannot be fully explained.
  • Some technical details about how county clerks match records are complex and may require legal expertise to understand completely.
L.025

SEN State, Veterans, & Military Affairs

Passed [*]

Plain English: This amendment makes it illegal to recklessly threaten or stop people from voting, specifically protecting those who are dropping off up to ten mail ballots at official locations.

  • It is now a crime for anyone to recklessly make credible threats or intimidate voters while they are delivering no more than ten mail ballots to an authorized drop box.
  • Police officers can still carry firearms near polling places, but this exception does not allow them to break the new rules against intimidating voters.
  • Courts must speed up hearings for cases involving voter intimidation and can issue emergency orders to stop harmful behavior immediately.
  • People who are wearing masks or hiding their identity while trying to intimidate voters can still be sued by naming 'unknown individuals' as defendants.
  • The text does not explain exactly what actions count as a 'credible threat,' leaving that definition open for courts to decide.
  • It is unclear how the law applies if someone delivers more than ten mail ballots at one time, since the protection only mentions up to ten.
L.029

SEN State, Veterans, & Military Affairs

Passed [*]

Plain English: This amendment adds a new legal definition for 'watcher' in election laws, specifying who can be chosen to observe voting and listing serious crimes that disqualify someone from serving.

  • It defines a 'watcher' as an eligible voter selected by political parties, candidates, or ballot issue supporters to monitor elections.
  • Watchers must match the party affiliation of the person who chose them, unless they are unaffiliated voters chosen for specific roles.
  • The amendment bans anyone convicted of election crimes from serving as a watcher.
  • It also disqualifies people convicted of serious offenses like sedition, insurrection, treason, or conspiring to overthrow the government.
  • This text only provides the definition and rules for watchers; it does not explain how they are trained or what specific duties they perform at polling places.
  • The amendment removes previous sections of the bill that were related to this topic, but their original content is not included in this summary.
L.030

SEN State, Veterans, & Military Affairs

Passed [*]

Plain English: This amendment gives the Secretary of State new powers to create emergency election rules and form a special advisory group if the Governor declares a disaster that makes it impossible to follow normal voting laws.

  • Allows the Secretary of State, with advice from the Governor and an advisory group, to make temporary rules or suspend existing ones during a declared disaster emergency.
  • Requires the Governor to create an 'Election Emergency Advisory Group' whenever they declare such a disaster emergency.
  • Defines the six members of this new group as representatives from the Governor's office, the Secretary of State's office, two county clerks from different political parties, and two election law experts.
  • The amendment does not explain exactly what specific rules might be changed or suspended during an emergency.
  • This new power is temporary and will automatically end on January 31, 2031.
L.031

SEN State, Veterans, & Military Affairs

Passed [*]

Plain English: This amendment temporarily expands the legal definition of a 'disaster' to include situations where election officials cannot strictly follow voting rules due to natural or human-caused events.

  • Adds a new rule stating that being unable to strictly comply with the Uniform Election Code counts as a disaster if caused by nature or humans.
  • Sets an expiration date for this specific definition, removing it from law on January 31, 2031.
  • The amendment text does not explain what specific actions officials can take once a situation is declared a disaster under this new rule.
  • It is unclear how the state will decide when an inability to follow rules qualifies as severe enough to be called a 'disaster'.
L.032

SEN State, Veterans, & Military Affairs

Passed [*]

Plain English: This amendment changes a bill about elections to make sure any new rules do not start until January 1, 2027.

  • Adds the date 'Beginning January 1, 2027' before certain election identification rules take effect.
  • The amendment text only shows how to change other pages of a bill and does not explain what specific rule is being delayed.
  • It removes extra words about issuing documents from another part of the bill, but it is unclear exactly which document was meant.
L.024

SEN State, Veterans, & Military Affairs

Passed [*]

Plain English: This amendment creates a new process that allows any registered voter to pay $50 and file a written protest with evidence if they believe another person in their county is not eligible to vote.

  • Any registered voter can challenge the registration of someone else living in their same county by filing a written form with proof.
  • Challenges must be filed at least 120 days before an election and require a $50 fee, which is refunded if the challenger wins.
  • County officials will hold a hearing within 30 days where the person who made the challenge must prove their claims are true.
  • If evidence proves a voter is not eligible (such as being under 15, deceased, or not a citizen), their registration record will be canceled.
  • The provided text ends abruptly and does not include the full details of how appeals are handled in District Court beyond the initial hearing requirements.
  • The amendment removes previous sections from pages 51-52, but the specific content of those removed sections is not included in this document.
L.015

Second Reading

Lost [**]

Plain English: This amendment would require the Secretary of State to send voter names, birth years, and addresses to a credit bureau twice each year starting in 2027 to check if voters have moved.

  • The state must start sending specific voter information to a third-party credit bureau by June 1, 2027, for address verification checks.
  • These checks would happen every odd-numbered year before June 1 and every even-numbered year before February 1.
  • Voters in the Address Confidentiality Program or those enrolled as confidential voters are excluded from this data sharing.
  • County officials must review any mismatched addresses found by the credit bureau but do not have to automatically change voter records based on these results.
  • The amendment text does not specify which third-party credit bureau will be used or how much this process would cost.
  • It is unclear exactly what actions county officials must take if they find an address discrepancy, as the law says they act at their own discretion.
L.016

Second Reading

Passed [**]

Plain English: This amendment adds a specific phrase to the election law text to clarify that certain rules apply only when following subsection (5)(b).

  • It inserts the words 'PURSUANT TO THIS SUBSECTION (5)(b)' into the bill's committee report.
  • The change is made on page 3, line 39 of the February 23, 2026 report.
  • The amendment text only shows where words are added but does not explain what subsection (5)(b) actually requires.
  • Without seeing the full bill or that specific subsection, it is unclear how this change affects voters or candidates in practice.
L.017

Second Reading

Passed [**]

Plain English: This amendment requires the Secretary of State to let people who preregistered to vote see and update their information online during the 120 days before an election.

  • The Secretary of State must make sure that voter details provided by a person who will turn eighteen on or before the next election are available for them to view.
  • These preregistrants can change their voter information using the online system at any time during the one-hundred-twenty-day period leading up to the next election.
  • The amendment does not explain what happens if a person cannot access the internet or needs help updating their information.
  • It is unclear from this text alone how the system will handle errors in the data before it becomes accessible.
L.018

Second Reading

Passed [**]

Plain English: This amendment removes a phrase from the bill that required certain election changes to be voted on in the same election.

  • The words 'TO BE VOTED ON IN THE SAME ELECTION' are deleted from page 17 of the original bill.
  • Because this amendment only shows which words were removed, it is unclear exactly what rule or requirement those words originally applied to without reading more of the full bill text.
  • The specific impact on how elections are run cannot be fully explained because the surrounding context in the original bill was not provided.
L.019

Second Reading

Lost [**]

Plain English: This amendment would let political parties in Colorado switch from using primary elections to holding conventions or assemblies for nominating candidates if enough party leaders vote for the change.

  • Political parties can choose to use a convention or assembly instead of a primary election to pick their candidates for most offices, including U.S. Senator and state representatives.
  • To make this switch happen, at least three-fourths of the members present and voting on the party's state central committee must approve it.
  • The vote by the party leaders must take place no later than October 1 in the year before the election where they plan to use a convention.
  • This amendment does not apply to nominations for Lieutenant Governor, which are still handled through the gubernatorial candidate.
  • The exact definition of 'assembly' is not explained in this text and would depend on other parts of the law or party rules.
L.020

Second Reading

Lost [**]

Plain English: This amendment would require the Secretary of State to publish a quarterly report on voter list changes and force county clerks to keep public records of their activities for over two years.

  • The Secretary of State must release a new report every three months that summarizes how many voters were removed, why they were removed, how many confirmation letters were sent, and how many people got back on the list after fixing an issue.
  • County clerks and recorders are required to keep detailed logs of their voter list activities for 25 months.
  • This amendment was voted down in the House during its second reading, so it did not become part of the final bill.
  • The text does not explain what specific rules or methods county clerks must use to create these logs beyond keeping them available for public inspection.
L.021

Second Reading

Lost [**]

Plain English: This amendment would require Colorado election systems to be disconnected from the internet during vote counting, use strong login security, and keep detailed records of all system changes.

  • Election management systems must not connect to any outside networks while votes are being counted.
  • People accessing these systems must prove their identity using multiple methods before logging in.
  • The systems must automatically record every action taken by administrators so that tampering can be detected.
  • Counties must get an independent cybersecurity check once a year following federal guidelines.
  • This amendment was voted down and did not become law, so these rules are not currently in effect.
  • The text does not explain what specific penalties exist if counties or systems fail to follow these new security steps.
L.022

Second Reading

Lost [**]

Plain English: This amendment would let political parties in Colorado choose how they pick their candidates for general elections, including using a primary run by the party itself or mixing different methods.

  • Political parties could switch from state-run primaries to picking candidates through an assembly, convention, or a combination of these methods.
  • Parties would be allowed to organize and run their own primary elections instead of relying on the standard state process.
  • A party must get at least three-fourths approval from members present and voting in its state central committee to make this change.
  • This amendment was voted down (lost) during the second reading, so it did not become law.
  • The text does not explain how a party-run primary would be supervised or funded compared to current rules.
  • The rule for picking lieutenant governor candidates remains unchanged and must still follow existing laws.
L.033

Second Reading

Lost [**]

Plain English: This amendment would stop colleges and universities from including any messages that support or criticize political candidates in the required emails they send to students.

  • Colleges must not put opinions about politicians, issues, or campaigns into their mandatory student emails.
  • The amendment was voted down and did not become law.
  • The text does not explain what happens if a school breaks this rule.
L.034

Second Reading

Lost [**]

Plain English: This amendment changes the law to allow a person other than the county clerk and recorder to handle certain voting tasks.

  • It replaces the requirement that only the 'county clerk and recorder' can perform specific duties with language allowing them or another authorized party.
  • The amendment text is incomplete because it cuts off mid-sentence, so we cannot know exactly which voting tasks are affected.
  • Because the original bill's full context is missing from this snippet, it is unclear who 'the' refers to in the new phrase.
L.044

Second Reading

Lost [**]

Plain English: This amendment changes the rules for who must be on political party committees in Colorado state senatorial and representative districts.

  • It updates Section (5) to define exactly which elected officials, precinct committee members, and county officers serve on state senatorial central committees based on where they live.
  • It adds a rule that if required county officers do not live in the specific district, replacements who do live there must be chosen instead.
  • It updates Section (6) to define similar membership rules for state representative central committees, including elected senators and representatives from the party.
  • The amendment text is very technical and uses legal terms that are hard to explain simply without guessing at specific details.
  • This amendment was marked as 'Lost' in the Senate, meaning it did not pass and these changes were not made into law.
L.045

Second Reading

Passed [**]

Plain English: This amendment fixes a typo in the bill by changing the word 'Corrections' to 'Services'.

  • The text on page 5, line 1 of the bill is changed from 'CORRECTIONS' to 'SERVICES'.
L.046

Second Reading

Passed [**]

Plain English: This amendment changes the deadline for finishing a petition examination to be no later than sixty-two days before an election.

  • The law now requires that any official check of a petition must finish at least 62 days before the election where the issue will appear.
L.047

Second Reading

Passed [**]

Plain English: This amendment changes the deadline for submitting certain election petitions to be exactly sixty-two days before an election.

  • The bill now requires that petition issues or questions must be submitted at least sixty-two days before they appear on a ballot.
  • The amendment text only shows the new deadline and does not explain what specific types of petitions this rule applies to.
  • It is unclear from this short excerpt whether other parts of the original bill regarding petition rules were also changed or removed.
L.049

Second Reading

Passed [**]

Plain English: This amendment adds a rule that says no fees can be charged for filing oaths or affirmations required for public office with county clerks and recorders.

  • It creates a new section in the state law about fees collected by county clerk and recorder offices.
  • The amendment text only mentions oaths or affirmations filed under a specific existing law (Section 24-12-101(3)), so it is unclear if this fee waiver applies to other types of documents.
  • The exact dollar amount saved by counties and the public cannot be determined from this short text.
L.050

Third Reading

Passed

Plain English: This amendment makes small fixes to the bill's wording, numbering, and references while removing a specific section about election delays.

  • It updates grammar by changing 'his or her' to 'their' for better inclusivity.
  • It corrects spelling mistakes like changing 'A' to 'AT' on page 54.
  • It removes the word 'DELAYS' from a list of election issues and deletes an entire section about delays.
  • It clarifies that data collection rules apply specifically under Section 203 of the federal Voting Rights Act.
  • The amendment text only lists page numbers and word changes, so it does not explain exactly what laws are being changed or why.
  • Some technical details about how these small edits affect voters cannot be explained without reading the full original bill.

Bill History

  1. 2026-06-01 Governor

    Governor Signed

  2. 2026-05-29 Governor

    Sent to the Governor

  3. 2026-05-29 Senate

    Signed by the President of the Senate

  4. 2026-05-29 House

    Signed by the Speaker of the House

  5. 2026-05-07 House

    House Considered Senate Amendments - Result was to Concur - Repass

  6. 2026-05-05 House

    House Considered Senate Amendments - Result was to Laid Over Daily

  7. 2026-05-04 Senate

    Senate Third Reading Passed with Amendments - Floor

  8. 2026-05-01 Senate

    Senate Second Reading Passed with Amendments - Committee, Floor

  9. 2026-04-28 Senate

    Senate Second Reading Laid Over Daily - No Amendments

  10. 2026-04-24 Senate

    Senate Committee on Appropriations Refer Amended to Senate Committee of the Whole

  11. 2026-04-09 Senate

    Senate Committee on State, Veterans, & Military Affairs Refer Amended to Appropriations

  12. 2026-03-06 Senate

    Introduced In Senate - Assigned to State, Veterans, & Military Affairs

  13. 2026-03-03 House

    House Third Reading Passed - No Amendments

  14. 2026-03-02 House

    House Second Reading Special Order - Passed with Amendments - Committee, Floor

  15. 2026-02-26 House

    House Second Reading Laid Over Daily - No Amendments

  16. 2026-02-23 House

    House Committee on State, Civic, Military, & Veterans Affairs Refer Amended to House Committee of the Whole

  17. 2026-02-03 House

    Introduced In House - Assigned to State, Civic, Military, & Veterans Affairs

Official Summary Text

The act modifies the 'Uniform Election Code of 1992' (code) as follows:
Regarding elections generally, includes in the definition of 'identification' for purposes of the code a division of youth services identification card or written correspondence from a county sheriff to the county clerk indicating that an elector is confined in a county jail or detention facility; repeals the definition of 'political party district'; modifies the definition of 'video security surveillance recording' to include a system in which continuous recording is triggered when motion is detected; modifies the definition of 'watcher' to prohibit a person from being selected as a watcher if the person has been convicted of certain election offenses or of committing or conspiracy to commit certain federal offenses; if the governor declares a disaster emergency due to the inability to strictly comply with the code, allows the secretary of state (secretary) to adopt rules for the proper administration of an election and requires the governor to establish an election emergency advisory group to advise the secretary and the governor regarding emergency orders or rules necessary to ensure the proper administration of an election; allows the secretary to provide access to, rather than transmit a complete copy of, all pertinent, updated elections laws to each county clerk and recorder (clerk); and requires each clerk to set operational hours for the clerk's office;
Regarding the qualification and registration of electors; specifies information that all institutions of higher education, rather than just state institutions of higher education, must provide to students via email or signs concerning voting, voter eligibility, and registration, and requires the secretary to adopt rules further specifying the form and content of the emails and signs; requires the clerk to make printed affidavit forms available to correct an error in the elector's affiliation recorded in the statewide database; requires the secretary to ensure preregistrants who are 17 years and 6 months old can access their voter registration information and update that information using the state's online voter registration system; requires the statewide voter registration system to support the integration and use of geographic information system data to improve the accuracy, consistency, and reliability of voter registration records; modifies the language concerning preregistration of high school students; specifies that the principal of a public high school or their designee who assists in preregistration and registration to vote are high school liaisons, rather than deputy registrars, and eliminates certain filing requirements for registration or preregistration to vote; modifies how a clerk verifies identifiers provided by an elector who registers to vote in another county or another state; prohibits a clerk from canceling the registration record of an elector with multiple registrations unless there is a match in the county's registration records and the statewide voter registration database with respect to certain identifiers of the elector; and makes the secretary, rather than the clerk, responsible for canceling certain registrations pursuant to existing law, while still allowing the secretary to request assistance from the clerks;
Regarding presidential electors, specifies that if a presidential or vice-presidential candidate dies or withdraws as a candidate after accepting the nomination of a political party but prior to the meeting of presidential electors, an elector's vote for the presidential candidate or vice-presidential candidate refers to the successor candidate nominated by the political party and clarifies that such vote is not a vote for a false slate of presidential electors;
Regarding congressional vacancy elections, modifies notice, preparation, and conduct of elections; requires elections to be concurrent with a primary or coordinated election if the vacancy occurs between 150 and 90 days of such election; requires elections to be conducted according to provisions for general elections; modifies candidate nomination deadlines; clarifies the manner of nomination for an unaffiliated candidate; and specifies the arrangement of names on the ballot;
Regarding access to the ballot by candidates, specifies the offices for which a candidate must fully meet the qualifications of the office and expands factors the secretary may consider in determining the qualifications to hold office to include other objective, verifiable requirements such as age, birth place, term limits, and political affiliation; repeals the ability for certificates of designation by assembly to be transmitted to the secretary by fax; specifies deadlines by which major and minor political parties must fill vacancies in their party nominations and by which vacancies in unaffiliated designations or nominations must be filled prior to a primary election and a general election, and clarifies that failure to fill a vacancy in nomination by such deadline results in that vacancy nomination remaining unfilled for that election; eliminates requirement for electors to include their county when signing a petition to nominate a candidate; allows a congressional vacancy election to be presented on the same ballot used in a presidential primary election if the elections are held on the same day; modifies the timeline for nomination of minor political party candidates; and maintains the requirement that a person file a written acceptance of nomination but eliminates the specification that the acceptance be provided by mail, fax, or hand delivery;
Regarding notice and preparation of elections, clarifies that a voter service and polling center (VSPC) that experiences a shortage of supplies, including ballots, shall not close and may be required to remain open longer on election day; requires that each drop box must accept mail ballots for the 22-day period, rather than the 15-day period, prior to the day of an election; reduces the required period that a VSPC on a campus with 10,000 or more students must be open from 15 days to 10 days before an election; specifies that, in addition to existing designation by sign requirements, a VSPC on the campus of an institution of higher education must be identified and described in signs conspicuously posted at the student center and in an email sent to all enrolled students; repeals the requirement that the secretary deliver the certification of the ballot order and content to the clerk by registered mail; repeals a provision for the arrangement of names on ballots to be established by lot; adds an additional trigger for the secretary to notify clerks of the requirement to provide minority language sample ballots and in-person minority language ballots based on the release of data collected pursuant to section 203 of the federal 'Voting Rights Act of 1965' by the federal government; repeals a provision regarding the adoption and payment for voting machines; and requires the clerk of any county with 1,000 or more active electors to adopt an electronic or electromechanical voting system for use in all elections conducted by the county under the code and requires the clerk to oversee the management of such voting systems subject to the rules of the secretary;
Regarding election judges, changes the age eligibility requirements for a student election judge from 16 to 15 and expands the methods for notice and acceptance of an election judge appointment;
Regarding the conduct of elections, repeals the requirement that an election judge proclaim the polls are open or will be closed in 30 minutes on election day; modifies the 2-hour period that eligible electors are entitled to be absent from work to vote from only on election day to any day when VSPCs are open and specifies that an employer may deny this leave if the elector has 3 or more consecutive hours off the job while the polls are open; allows an elector to take printed or written materials of their choice into a VSPC as a resource for voting; creates new reporting requirements for counties with one or more VSPCs experiencing a wait time in excess of one hour, which wait time must be measured and recorded in accordance with rules adopted by the secretary and creates a requirement for a reporting county to include certain additional information in its next proposed election plan; repeals and reenacts, with changes, the required method of counting paper ballots by hand, requiring a team of 4 judges, audible reading of each ballot, and 2 separate accountings to be kept and compared and regular intervals, in accordance with any rules adopted by the secretary; recognizes that, in addition to a software or hardware malfunction, other significant issues may make counting ballots with electronic vote-tabulating equipment impracticable; and prohibits a designated election official from transferring custody or control of election records to a third party unless the transfer is authorized or required by the secretary of a court of competent jurisdiction;
Regarding mail ballot elections, modifies the timeline for submission and approval of proposed election plans; allows the secretary to request modification of an election plan; requires the secretary to release no later than August 1 for each clerk's submitted election plan, specified information for each VSPC and each ballot drop-off location in the county for that election; modifies mail ballot delivery times; changes the enrolled-student threshold at an institution of higher education from 2,000 to 1,000 for purposes of requiring a drop box on campus and requires a drop box on the campus of private institutions of higher education in addition to state institutions; requires a clerk who fails to send a signature verification form within the 2-day deadline to send the signature verification by overnight mail or hand delivery; and requires a minimum number of hours for in-person voting at a county jail or detention center based on the number of beds available;
Regarding challenges to registration, repeals and reenacts, with amendments, the process for a registered elector to protest the registration of another person, requires a $50 fee for each protest that is refunded if the protest is successful, and specifies the reasons that a protest may challenge a person's registration as incorrect;
Regarding vacancies in office, in the case of a vacancy in the office of United States senator, requires the governor to appoint a person who is a member of the same political party as the former United States senator to fill a vacancy in that office; clarifies that a person appointed to fill a vacancy in a county office other than county commissioner serves only until the next general election, at which time the remainder of the vacant term, if any, is filled by election; and specifies that a county commissioner or general assembly vacancy may be filled at the next coordinated or general election; and
Regarding election offenses, clarifies the offense of voter interference occurs when a person interferes with a voter within 100 feet of any building in which a polling or drop-off location is located or within 100 feet of a drop box; specifies that the offense of voter intimidation applies to any elector who is delivering up to 10 mail ballots to a drop box or drop-off-location; clarifies that the exemption for peace officers from the law prohibiting a person from carrying a firearm at a polling location does not apply if the firearm is used to intimidate electors; clarifies that offenses involving a false slate of presidential electors extends to lists of electors voting and votes for candidates for president and vice president of the United States, or their successors; and modifies enforcement and relief provisions in the case of a suit for election-related intimidation.
In addition, the act:
Modifies the law regarding initiatives and referendums to eliminate the requirement for an elector to include their county of residence as part of their signature on an initiative or referendum petition; extends the secretary's period for examination and validation of signatures on a petition from 30 to 60 days; and extends the secretary's period to issue a statement as to whether a petition has sufficient valid signatures from 30 to 60 days after the petition was filed;
Modifies the definition of 'disaster' for the purpose of the 'Colorado Disaster Emergency Act' to include the occurrence or imminent threat of the inability to strictly comply with the code due to any natural cause or cause of human origin;
Amends the 'Colorado Open Records Act' to specify that a designated election official is not required to cover or redact from a ballot any markings or messages voluntarily made by an elector; and
Specifies that oaths or affirmations for public office filed with the clerk are exempt from certain fees imposed by law.
The act takes effect upon passage, except that the provisions regarding the time frame for mailing a mail ballot packet take effect July 1, 2026.
For the 2026-27 state fiscal year, the act appropriates $10,000 from the department of state cash fund to the department of state for the implementation of the act.
(Note: This summary applies to this bill as enacted.)

Current Bill Text

Read the full stored bill text 
HOUSE BILL 26-1113
BY REPRESENTATIVE(S) Sirota and Willford, Bacon, Boesenecker,
Brown, Camacho, Duran, Froelich, Garcia, Goldstein, Hamrick, Jackson,
Joseph, Lindsay, Mabrey, Martinez, Nguyen, Paschal, Phillips, Rutinel,
StewartR., Story, Titone, Velasco, Woodrow, Zokaie, McCluskie, Lukens,
McCormick, Ricks;
also SENATOR(S) Wallace and Weissman, Benavidez, Danielson, Exum,
Gonzales J., Jodeh, Kipp, Marchman, Snyder, Sullivan, Coleman.
CONCERNING MODIFICATIONS TO LAWS REGARDING ELECTIONS, AND, IN
CONNECTION THEREWITH, MAKING AN APPROPRIATION.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 1-1-104, amend
(19.5)(a)(JII), (19.5)(a)(VII), (49.9), and (51); and repeal (26) as follows:
1-1-104. Definitions.
As used in this code, unless the context otherwise requires:
(19.5) (a) "Identification" means:
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.
(III) A valid United States passport OR PASSPORT CARD;
(VII) (A) A copy of a current utility bill, bank statement,
government check, paycheck, or other government document that shows the
name and address of the elector;
(B) FOR PURPOSES OF THIS SUBSECTION (19.5)(a)(VII), A
GOVERNMENT DOCUMENT INCLUDES A DIVISION OF YOUTH SERVICES
IDENTIFICATION CARD ISSUED BY THE DEPARTMENT OF HUMAN SERVICES TO
THE ELECTOR OR WRITTEN CORRESPONDENCE FROM THE COUNTY SHERIFF,
OR THE SHERIFF'S DESIGNEE, TO THE COUNTY CLERK INDICATING THAT THE
ELECTOR IS CONFINED IN A COUNTY JAIL OR DETENTION FACILITY.
(26) "Political party district" means an area within a county
composed of contiguous whole election precincts, as designated by the
political party county chairperson.
(49.9) "Video security surveillance recording" means video
monitoring by a device that continuously records a designated location or
a system using motion detection that records one ftame or more per minute
until detection of motion triggers continuous recording WHEN MOTION IS
DETECTED.
(51) "Watcher" means an eligible elector other than a candidate on
the ballot who has been selected by a political party chairperson on behalf
of the political party; by a party candidate at a primary election, by an
unaffiliated candidate at a general, congressional vacancy, or nonpartisan
election; or by a person designated by either the opponents or the
proponents in the case of a ballot issue or ballot question. "Watcher" also
means an eligible elector selected by a candidate on the ballot for the office
of United States senator, representative in congress, any state office or
district office of state concern, or any county office who is subject to a
recount. If selected by a political party chairperson or a party candidate, the
watcher must be affiliated with that political party or unaffiliated as shown
in the statewide voter registration system. If selected by an unaffiliated
candidate, the watcher must be unaffiliated as shown in the statewide voter
registration system. A PERSON SHALL NOT BE SELECTED AS A w ATCHER IF
THE PERSON HAS BEEN CONVICTED OF ANY ELECTION OFFENSE SPECIFIED IN
ARTICLE 13 OF THIS TITLE 1 OR ANY SIMILAR ELECTION OFFENSE IN ANOTHER
ST A TE OR HAS BEEN CONVICTED OF COMMITTING OR CONSPIRACY TO COMMIT
PAGE 2-HOUSE BILL 26-1113
SEDITION, INSURRECTION, TREASON, CONSPIRACY TO OVERTHROW
GOVERNMENT BY USE OF PHYSICAL FORCE OR VIOLENCE, OR ANY SIMILAR
FEDERAL OFFENSE.
SECTION 2. In Colorado Revised Statutes, 1-1-107, add (2)(e) as
follows:
1-1-107. Powers and duties of secretary of state -penalty.
(2) In addition to any other powers prescribed by law, the secretary
of state has the following powers:
(e) (I) TO, IN CONSULTATION WITH THE GOVERNOR AND, AS
PRACTICABLE, THE ELECTION EMERGENCY ADVISORY GROUP ESTABLISHED
IN SUBSECTION (2)( e )(II) OF THIS SECTION, ADOPT RULES AS NECESSARY FOR
THE PROPER ADMINISTRATION OF AN ELECTION AND TO GIVE EFFECT TO
SECTION 1-1-103 ( 1 ), IF THE GOVERNOR DECLARES A DISASTER EMERGENCY
PURSUANTTOSECTION24-33.5-704 (4) DUE TO THE INABILITY TO STRICTLY
COMPLY WITH THIS CODE, INCLUDING THE SUSPENSION OF ANY LAW
PURSUANT TO SECTION 24-33.5-704 (7)(a).
(II) IFTHEGOVERNORDECLARESADISASTEREMERGENCYPURSUANT
TO SECTION 24-33 .5-704 ( 4) DUE TO INABILITY TO STRICTLY COMPLY WITH
THIS CODE, THE GOVERNOR SHALL EST AB LISH THE ELECTION EMERGENCY
ADVISORY GROUP. THE SECRETARY OF STATE AND GOVERNOR SHALL
CONSULT AS PRACTICABLE WITH THE ELECTION EMERGENCY ADVISORY
GROUP ON EMERGENCY ORDERS OR RULES THAT THE SECRETARY OF STATE
MAY ADOPT AS MAY BE NECESSARY TO ENSURE THE PROPER
ADMINISTRATION OF AN ELECTION AND TO GIVE EFFECT TO SECTION 1-1-103
(1).
(Ill) THE ELECTION EMERGENCY ADVISORY GROUP CONSISTS OF SIX
MEMBERS APPOINTED AS FOLLOWS:
(A) ONE REPRESENTATIVE FROM THE GOVERNOR'S OFFICE,
APPOINTED BY THE GOVERNOR;
(B) ONE REPRESENTATIVE FROM THE SECRET ARY OF ST A TE'S OFFICE,
APPOINTED BY THE SECRETARY OF STATE;
PAGE 3-HOUSE BILL 26-1113
(C) Two CURRENT OR FORMER COUNTY CLERKS FROM DIFFERENT
MAJORPOLITICALPARTIES,APPOINTEDBYTHEGOVERNORINCONSULTATION
WITH THE SECRETARY OF STATE; AND
(D) Two INDIVIDUALS FROM DIFFERENT MAJOR POLITICAL PARTIES,
WITH EXPERTISE ON STATE OR FEDERAL ELECTION LAW, ADMINISTERING
ELECTIONS, VOTING, OR ANOTHER RELEVANT TOPIC, APPOINTED BY THE
GOVERNOR IN CONSULTATION WITH THE SECRETARY OF STATE.
(IV) THIS SUBSECTION (2)( e) IS REPEALED, EFFECTIVE JANUARY 31,
2031.
SECTION 3. In Colorado Revised Statutes, 1-1-108, amend (1) as
follows:
1-1-108. Copies of election laws and manual provided.
(1) No later than sixty days after each adjournment of the general
assembly, the secretary of state shall t1ansmit PROVIDE to the county clerk
and recorder of each county ACCESS TO a complete, updated copy of the
pertinent sections of the election laws of the state.
SECTION 4. In Colorado Revised Statutes, 1-1-110, add (3.7) as
follows:
1-1-110. Powers of county clerk and recorder and deputy -
communication to electors.
(3.7) AS THE CHIEF ELECTION OFFICIAL FOR THE COUNTY, AND TO
COMPLY WITH THIS CODE AND THE RULES AND ORDERS EST AB LI SHED BY THE
SECRETARY OF STATE, THE COUNTY CLERK AND RECORDER SHALL SET
OPERATIONAL HOURS FOR THE CLERK AND RECORDER'S OFFICE.
SECTION 5. In Colorado Revised Statutes, amend 1-2-213 .5 as
follows:
1-2-213.5. Institutions of higher education - electronic voter
registration option -information to students.
(1) (a) Any state AN institution of higher education as defined in
PAGE 4-HOUSE BILL 26-1113
section 23-1-108 (7)(g)(II), C.R.S., that utilizes USES an electronic course
registration process shall provide to each student registering electronically
for courses at the institution the opportunity to register to vote by giving
each student the option to be electronically directed to the official website
of the secretary of state so that he ot she THE STUDENT may register in
accordance with section 1-2-202.5. The option shall be provided to students
either during or immediately following the electronic registration period for
each term or semester.
(b) Each state institution of higher education subject to patagtaph
(a) of this subsection (1) SUBSECTION (l)(a) OF THIS SECTION shall
implement the electronic voter registration option as soon as practicable, but
not later than the next regularly scheduled maintenance to its electronic
course registration system process.
( c) Each state institution of higher education subject to subsection
( 1 )(a) of this section shall, during the first full week of each fall semester
and during the last full week of each spring semester, provide by email to
each enrolled student information on voter eligibility and on how to register
to vote or update their voter registration information in the statewide voter
registration database.
( d) EACH INSTITUTION OF HIGHER EDUCATION SUBJECT TO
SUBSECTION (l)(a) OF THIS SECTION SHALL, ON BOTH THE FIFTEENTH DAY
AND THE FINAL DAY PRIOR TO EACH ELECTION DAY, PROVIDE BY EMAIL TO
EACH ENROLLED STUDENT THE FOLLOWING INFORMATION:
(I) THE LOCATION AND HOURS OF OPERATION OF EACH CAMPUS
VOTER SERVICE AND POLLING CENTER, INCLUDING THE BUILDING NAME AND
ADDRESS, AND THE REQUIREMENT TO BRING IDENTIFICATION TO VOTE; AND
(II) EACH DROP-OFF LOCATION ON CAMPUS, THE REQUIREMENT FOR
IDENTIFICATION FOR CERTAIN MAIL BALLOTS, AND HOW TO ACCESS MAIL ON
CAMPUS.
( e) EACH INSTITUTION OF HIGHER EDUCATION SUBJECT TO
SUBSECTION (l)(a) OF THIS SECTION MAY INCLUDE IN THE EMAIL REQUIRED
BY SUBSECTION (1 )( d) OF THIS SECTION INFORMATION CREATED AND MADE
AVAILABLE BY THE SECRETARY OF STATE CONCERNING:
PAGE 5-HOUSE BILL 26-1113
(I) VOTER ELIGIBILITY, INCLUDING RESIDENCY REQUIREMENTS AND
NONRESIDENT STUDENT ELIGIBILITY TO VOTE IN ELECTIONS IN THE ST ATE;
AND
(II) How TO REGISTER TO VOTE OR UPDATE VOTER INFORMATION IN
THE ST A TE WIDE VOTER REGISTRATION DAT ABASE, THE LAST DAY TO
REGISTER TO VOTE ONLINE AND RECEIVE A BALLOT IN THE MAIL PRIOR TO AN
ELECTION, AND OPTIONS FOR REGISTERING IN PERSON ON OR BEFORE
ELECTION DAY.
(2) A state AN institution of higher education that does not utilize
USE an electronic course registration process shall provide to students
information regarding how to register to vote IN ACCORDANCE WITH
SUBSECTIONS ( 1 )( c) AND ( 1 )( d) OF THIS SECTION, including, at a minimum,
prominently posting such information in a clearly visible area of the
institution's registrar's office. SUCH AN INSTITUTION OF HIGHER EDUCATION
MAY ALSO PROVIDE TO STUDENTS INFORMATION IN ACCORDANCE WITH
SUBSECTION ( 1 )( e) OF THIS SECTION, INCLUDING BY PROMINENTLY POSTING
SUCH INFORMATION IN A CLEARLY VISIBLE AREA OF THE CAMPUS.
(3) (a) THE SECRETARY OF STATE SHALL ADOPT RULES SPECIFYING
THE FORM AND REQUIRED CONTENT FOR THE INFORMATION REQUIRED BY
SUBSECTIONS (l)(c), (l)(d), (l)(e), AND (2) OF THIS SECTION.
(b) PRIOR TO SENDING AN EMAIL REQUIRED BY SUBSECTION ( 1 )( c) OR
( 1 )( d) OF THIS SUBSECTION OR POSTING A SIGN PURSUANT TO SUBSECTION (2)
OF THIS SUBSECTION, AN INSTITUTION OF HIGHER EDUCATION SHALL PROVIDE
THE ELECTION-SPECIFIC CONTENT OF THE EMAIL OR SIGN TO THE COUNTY
CLERK AND RECORDER FOR THE COUNTY IN WHICH THE INSTITUTION OF
HIGHER EDUCATION IS LOCATED.
SECTION 6. In Colorado Revised Statutes, 1-2-222, amend ( 4) as
follows:
1-2-222. Errors in recording of affiliation.
(4) Printed affidavit forms must be furnished to the eleetionjudges
of the Various election pr ecinets MADE AVAILABLE BY THE COUNTY CLERK
AND RECORDER. The affidavit form must be substantially as follows:
STATE OF COLORADO )
PAGE 6-HOUSE BILL 26-1113
) ss.
County of ........................................................... )
I, .................... , believing an error has been made as to the recording
of my party affiliation, or a change unlawfully made, or a withdrawal
unlawfully made in the statewide voter registration system, do solemnly
swear, or affirm, that the party affiliation as now shown in the statewide
voter registration system is an error, or has been unlawfully changed, or has
been unlawfully withdrawn and that my correct party affiliation should be
.................... instead of .................... and request that the party affiliation be
corrected in the statewide voter registration system. My correct affiliation
was made on or before .................... (date).
Dated .................. ..
Signed .................. ..
Subscribed and sworn to before me this ........... day of ............... ,
20 ....
Election Judge or County Clerk
County ..................................................... .
SECTION 7. In Colorado Revised Statutes, 1-2-227, amend (2);
and add (3) as follows:
1-2-227. Custody and preservation of records.
(2) The voter information provided by a preregistrant who will not
turn eighteen years of age OLD by the date of the next election shall be kept
confidential in the same manner as, and using the programs developed for,
information that is kept confidential pursuant to section 24-72-204 (3 .5).
Nothing in this subsection (2) shall be construed to require any request,
application, or fee for such confidentiality. When the preregistrant will be
IS eighteen years of age on the date of the next election OLD, such
information is no longer confidential under this subsection (2).
PAGE 7-HOUSE BILL 26-1113
(3) BEGINNING JANUARY 1, 2027, THE SECRETARY OF STATE SHALL
ENSURE THAT THE VOTER INFORMATION PROVIDED BY A PREREGISTRANT
WHO IS SEVENTEEN YEARS AND SIX MONTHS OLD IS ACCESSIBLE TO THAT
PREREGISTRANT AND SHALL ALLOW SUCH A PREREGISTRANT TO UPDATE
THEIR VOTER INFORMATION USING THE ONLINE VOTER REGISTRATION
SYSTEM CREATED IN SECTION 1-2-202.5 IF THE PREREGISTRANT PROVIDES
THEIR NAME, ZIP CODE, DA TE OF BIRTH, AND EITHER THE LAST FOUR DIGITS
OF THEIR SOCIAL SECURITY NUMBER OR THEIR DRIVER'S LICENSE OR
STATE-ISSUED IDENTIFICATION NUMBER.
SECTION 8. In Colorado Revised Statutes, 1-2-301, add (7) as
follows:
1-2-301. Centralized statewide registration system -secretary of
state to maintain computerized statewide voter registration list-county
computer records -agreement to match information -definition.
(7) (a) THESTATEWIDEVOTERREGISTRATION SYSTEM MUST SUPPORT
THE INTEGRATION AND USE OF GEOGRAPHIC INFORMATION SYSTEM DATA TO
IMPROVE THE ACCURACY, CONSISTENCY, AND RELIABILITY OF VOTER
REGISTRATION RECORDS.
(b) THE SECRETARY OF STATE MAY INCORPORATE GEOGRAPHIC
INFORMATION SYSTEM FUNCTIONALITY INTO THE STATEWIDE VOTER
REGISTRATION SYSTEM TO:
(I) VALIDATE AND MAINTAIN VOTER RESIDENTIAL AND MAILING
ADDRESS INFORMATION USING SPATIAL DATA, PARCEL DATA, OR OTHER
GEOGRAPHIC REFERENCE LAYERS;
(II) IMPROVE THE ACCURACY OF PRECINCT, DISTRICT, AND
JURISDICTIONAL ASSIGNMENTS;
(Ill) SUPPORTTIMEL Y AND ACCURATE IMPLEMENTATION OF DISTRICT
BOUNDARY CHANGES RESULTING FROM REDISTRICTING OR OTHER LAWFUL
ADJUSTMENTS; AND
(IV) REDUCE UNDELIVERABLE ELECTION MAIL, IMPROVE MAIL
BALLOT DELIVERY EFFICIENCY, AND MINIMIZE THE NEED FOR CORRECTIVE OR
REPLACEMENT BALLOTS.
PAGE 8-HOUSE BILL 26-1113
(c) GEOGRAPHIC INFORMATION SYSTEM DATA USED UNDER THIS
SUBSECTION (7) SHALL NOT BE USED TO DETERMINE VOTER ELIGIBILITY,
CHALLENGE A VOTER'S REGISTRATION, OR RESTRICT A REGISTERED
ELECTOR'S RIGHT TO VOTE.
( d) THE SECRET ARY OF ST A TE MAY ADOPT RULES AS NECESSARY TO
IMPLEMENT THIS SUBSECTION (7), INCLUDING RULES GOVERNING DATA
SOURCES, DATA SHARING WITH COUNTY CLERKS AND RECORDERS, DATA
SECURITY, AND PROCEDURES FOR RESOLVING ADDRESS DISCREPANCIES.
( e) THE SECRET ARY OF ST A TE SHALL ENSURE THAT THE ST A TE WIDE
VOTER REGISTRATION SYSTEM FULLY IMPLEMENT GEOGRAPHIC
INFORMATION SYSTEM FUNCTIONALITY AUTHORIZED UNDER THIS
SUBSECTION (7) NO LATER THAN JULY 1, 2029.
SECTION 9. In Colorado Revised Statutes, amend 1-2-401 as
follows:
1-2-401. Legislative declaration.
It is the intent of the general assembly that, in order to promote and
encourage voter registration of all eligible electors in the state, registration
should be made as convenient as possible. It is determined by the general
assembly that if voter registration is convenient, the number of registered
voters will increase. It is further determined by the general assembly that
support and cooperation of school officials and interested citizens will make
high school registration successful. It is therefore the purpose of this part 4
to encourage voter registration by providing convenient registration
procedures for qualified high school students, employees, and other persons
by using high school deputy registrars LIAISONS.
SECTION 10. In Colorado Revised Statutes, amend 1-2-402 as
follows:
1-2-402. Registration by high school liaisons -rules.
(1) Each principal of a public high school, or the principal's
designee who is a registered voter in the county ST A TE, may serve as a
deputy registrar HIGH SCHOOL LIAISON. The principal of each high school
shall notify the county clerk and recorder of the county in which the high
PAGE 9-HOUSE BILL 26-1113
school is located of the name of the school's deputy 1egistra1 HIGH SCHOOL
LIAISON, and the county clerk and recorder shall maintain a list of the names
of all of the high school deputy 1egistra1s LIAISONS in that county in a public
file.
(2) The high school deputy 1egistra1 LIAISON may register or
preregister any student, employee of the school, other person who attends
school functions, or any other person who is eligible to register or
preregister to vote. Voter registration may be made available only when the
school is open for classes or any other school or community function. The
high school deputy I egisttat LIAISON shall take registrations or
preregistrations only on school district premises.
(3) A high school deputy 1egist1a1 LIAISON may have available an
official application form for voter registration for each student who is
eighteen years of age OLD or who will be eighteen years of age OLD at the
time of the next election. A high school deputy 1egistrn1 LIAISON may have
available an official application form for preregistration for each student
who is fifteen years of age OLD.
SECTION 11. In Colorado Revised Statutes, 1-2-403, amend (1),
(2), and (3)(b); and repeal (3)(a) as follows:
1-2-403. Training and registration materials for high school
liaisons - processing applications.
( 1) The county clerk and recorder shall train and supervise the high
school deputy 1egist1a1s LIAISONS, and, after training is completed, shall
administer the oath of office to the high school deputy 1egistrn1s LIAISONS.
(2) The county clerk and recorder shall issue sufficient materials to
each high school deputy registtat LIAISON for the registration or
preregistration of all eligible students, employees, and other persons at the
high school which the high school deputy 1egistra1 LIAISON serves. The high
school deputy 1egist1a1 shall give a 1eceipt to the county cle1k and recotdet
fut all matetials issued.
(3) (a) The high school deputy 1egistrn1 shall stamp the application
fut I egistI ation 01 pt et egistt ation with a validation stamp and pm v ide the
applicant with a 1eceipt vetifying the application.
PAGE 10-HOUSE BILL 26-1113
(b) (I) Except as provided in subpat agt aph (II) of this pat agt aph (b)
SUBSECTION (3)(b)(II) OF THIS SECTION, the high school deputy tegisttaI
LIAISON shall forward applications and changes on a weekly basis to the
county clerk and recorder of the county in which the high school is located.
(11) (A) During the last week allowed for registration applications
submitted by mail prior to any election, the high school deputy 1egistrn1
LIAISON shall forward applications daily to the county clerk and recorder of
the county in which the high school is located.
(B) Within eight days prior to an election, a high school deputy
1egistrn1 LIAISON shall accept an application tendered under this section and
shall immediately inform the applicant that, to vote in the upcoming
election, the voter must go to a voter service and polling center.
SECTION 12. In Colorado Revised Statutes, amend 1-2-603 as
follows:
1-2-603. Notification that elector has moved and registered in
different county.
( 1) If the elector registers to vote in another county, the county clerk
and recorder of the elector's new county of residence shall transfer the
elector's registration record from the old county in accmdance with the
following tequitetnents. IF THE ELECTOR PROVIDES A NAME AND AT LEAST
TWO OF THE FOLLOWING IDENTIFIERS THAT MATCH THE ELECTOR'S PRIOR
REGISTRATION RECORD: DATE OF BIRTH, PRIOR RESIDENCE, DRIVER'S LICENSE
OR IDENTIFICATION CARD NUMBER, OR THE LAST FOUR DIGITS OF THE
ELECTOR'S SOCIAL SECURITY NUMBER.
(a) If the electm prn v ides a name, date of birth, and priot addt ess
and the councy cletk and recmder can match the name, date of birth, and
prim address to the electm 's prior I egistration record, the elector's
1egistration record shall be transfened frnm the old county.
(b) If the electot pm v ides a name and date of birth but does not
prnvide a prim addtess, the elector's registration record shall be transfened
ft om the old county onl)i if.
(I) The elector prov ides a dt iv er 's license or identification card
PAGE 11-HOUSE BILL 26-1113
number, and the county clerk and recorder of the new county of residence
can match the name, date of birth, and dd'\let's license or identification card
number to the elector's prior registration record, or
(II) The elector provides a social security number, and the county
clerk and recorder ofthe new county of residence can match the name, date
of birth, and social seem icy number to the elector's pt ior I egistr at ion t eeor d.
( c) If the elector does not pm v ide a prior addt ess, dd v er 's license
nunrber, or social security number, the registration record shall not be
trans fen ed frnm the old county unless the elector submits additional
information that complies with the requirements ofthis subsection (1). The
county clerk and recorder of the county of prior residence may send notice
to the elector by forwardable mail to the elector's address of record. Any
such notice shall have a returnable portion that has the return postage
prepaid and is preaddressed to the sending county clerk and recorder, and
shall include an area for the elector to indicate if the elector has moved to
another county and wishes to have his or her THEIR registration record
transferred from the old county.
(2) If a county clerk and recorder receives a notice from the
secretary of state or from an election official in another state that the elector
has registered to vote in another state, the county clerk and recorder of the
county of prior residence shall cancel the registration record if the name and
birth date or the name and social security number of the elector match. AND
AT LEAST TWO OF THE FOLLOWING IDENTIFIERS MATCH: DATE OF BIRTH,
PRIOR RESIDENCE, DRIVER'S LICENSE OR IDENTIFICATION CARD NUMBER, OR
LAST FOUR DIGITS OF SOCIAL SECURITY NUMBER.
SECTION 13. In Colorado Revised Statutes, 1-2-604, amend (3)(a)
as follows:
1-2-604. Cancellation of electors with multiple registrations.
(3) (a) The county clerk and recorder may not cancel the registration
record pursuant to subsection ( 1) of this section unless there is a match in
the county's registration records and the statewide voter registration
database with respect to, at a minimum, the following types of identifying
information. ELECTOR'S NAME AND AT LEAST TWO OF THE FOLLOWING
IDENTIFIERS: DATE OF BIRTH, PRIOR RESIDENCE, DRIVER'S LICENSE OR
PAGE 12-HOUSE B ILL 26-1113
IDENTIFICATION CARD NUMBER, OR THE LAST FOUR DIGITS OF THE ELECTOR'S
SOCIAL SECURITY NUMBER.
(I) The eleetor's name, date of birth, and prior residence, or
(11) The elector's name, date of birth, and driver's license number or
social seem icy number.
SECTION 14. In Colorado Revised Statutes, 1-2-605, amend (7)
as follows:
1-2-605. Canceling registration -procedures.
(7) If an elector whose registration record is marked "Inactive" fails
to update his or her THEIR registration record, fails to respond to any
confirmation card, and fails to vote in any election conducted by the county
clerk and recorder during the time period that includes two consecutive
general elections since the elector's registration record was marked
"Inactive", the eounty elerk and recorder SECRETARY OF STATE shall cancel
the elector's registration record. Nothing in this section allows an elector's
registration record to be canceled solely for failure to vote, OR PROHIBITS
THE SECRETARY OF STATE FROM REQUESTING ASSISTANCE FROM A COUNTY
CLERK AND RECORDER TO CARRY OUT THE DUTIES DESCRIBED IN THIS
SUBSECTION (7).
SECTION 15. In Colorado Revised Statutes, 1-4-304, amend (5)
as follows:
1-4-304. Presidential electors.
(5) (a) Each presidential elector shall vote for the presidential
candidate and, by separate ballot, vice-presidential candidate who received
the highest number of votes at the preceding general election in this THE
state.
(b) IF A PRESIDENTIAL CANDIDATE OR VICE-PRESIDENTIAL
CANDIDATE NOMINATED BY A POLITICAL PARTY DIES OR WITHDRAWS AS A
CANDIDATE FOR THAT OFFICE IN ACCORDANCE WITH THE RULES OF THE
POLITICAL PARTY AFTER ACCEPTING NOMINATION BUT PRIOR TO THE
MEETING OF PRESIDENTIAL ELECTORS PURSUANT TO THIS SECTION, AN
PAGE 13-HOUSE BILL 26-1113
ELECTOR'S VOTE PURSUANT TO SUBSECTION (5)(a) OF THIS SECTION FOR
SUCH PRESIDENTIAL CANDIDA TE OR VICE-PRESIDENTIAL CANDIDA TE REFERS
TO THE SUCCESSOR CANDIDATE NOMINATED BY THE POLITICAL PARTY IN
ACCORDANCE WITH THE RULES OF THE POLITICAL PARTY. ANY VOTE FOR A
SUCCESSOR CANDIDATE PURSUANT TO THIS SUBSECTION (5)(b) IS NOT A
VIOLATION OF SECTION 1-13-725.
SECTION 16. In Colorado Revised Statutes, 1-4-401, amend (1)
and (2); and add (3) as follows:
1-4-401. Time of congressional vacancy elections.
(1) Except as provided in section 1-4-401.5, when any vacancy
occurs in the office of representative in congress from this state, the
governor shall, WITHIN SEVEN DAYS OF THE VACANCY, set a day to hold an
election to fill the vacancy and cause notice of the election to be given as
required in part 2 of article 5 of this title; but no congressional vacancy
election shall be held during the ninety days prior to a general election. or
less than eighty-five days or tnote than one hundred days after the vacancy
OCCUIS IFTHE VACANCY OCCURS BETWEEN ONE HUNDRED FIFTY AND NINETY
DAYS PRIOR TO A REGULARLY SCHEDULED STATEWIDE PRESIDENTIAL
PRIMARY, PRIMARY, OR COORDINATED ELECTION, THE CONGRESSIONAL
VACANCY ELECTION SHALL BE HELD AS PART OF THAT ELECTION. IF THE
VA CAN CY OCCURS OUTSIDE THE PERIOD BETWEEN ONE HUNDRED FIFTY DAYS
AND NINETY DAYS PRIOR TO A REGULARLY SCHEDULED ST A TEWIDE
PRESIDENTIAL PRIMARY, PRIMARY, OR COORDINATED ELECTION, THE
CONGRESSIONAL VACANCY ELECTION SHALL BE HELD NO LESS THAN NINETY
DAYS AND NO MORE THAN ONE HUNDRED TWENTY DAYS AFTER THE
VACANCY OCCURS.
(2) A congressional vacancy election HELD AS A SEP ARA TE ELECTION
shall be conducted and the results thereof surveyed and certified in all
respects as neatly as practicable in like manner as for ACCORDING TO THE
PROVISIONS THAT GOVERN general elections, except as otherwise provided
in this code.
(3) A CONGRESSIONAL VACANCY ELECTION HELD AS PART OF A
REGULARLY SCHEDULED ST A TE WIDE ELECTION SHALL BE CONDUCTED AND
THE RESULTS THEREOF SURVEYED AND CERTIFIED IN ALL RESPECTS
ACCORDING TO THE PROVISIONS GOVERNING THAT REGULARLY SCHEDULED
PAGE 14-HOUSE BILL 26-1113
STATEWIDE ELECTION, EXCEPT AS OTHERWISE PROVIDED IN THIS CODE.
SECTION 17. In Colorado Revised Statutes, 1-4-402, amend
(l)(a), (l)(c), and (2); and add (3) as follows:
1-4-402. Nominations of political party candidates.
(1) (a) Any convention of delegates of a political party or any
committee authorized by resolution of the convention shall nominate a
candidate to fill a vacancy in the unexpired term of a representative in
congress. A state central committee, its managing or executive committee
selected pursuant to section 1-3-105 (2), or any other committee designated
by the bylaws of the state central committee to convene a convention to
nominate a candidate to fill a vacancy in the unexpired term of a
representative in congress shall convene the convention and shall provide
the procedure for the nomination of the candidate. A copy of the notice of
election, as set by the governor and filed with the secretary of state, shall be
sent by certified EMAIL OR mail to the state chairperson of each political
party.
( c) No convention shall be held later than the twentieth day frnm the
date of the order issued by the goveinOI FIVE DAYS PRIOR TO THE DEADLINE
FOR THE SECRETARY OF STATE TO CERTIFY BALLOT CONTENT FOR THE
ELECTION.
(2) The nomination to fill the vacancy in the unexpired term of a
representative in congress made by the political party convention or a
committee authorized by the convention shall be certified by affidavit of the
presiding officer and secretary of the convention or committee ON A FORM
PROVIDED BY THE SECRETARY OF STATE.
(3) (a) ANY VACANCY IN NOMINATION WHICH OCCURS AFTER THE
DATE OF THE CONVENTION OR COMMITTEE DESCRIBED IN THIS SECTION
SHALL BE FILLED BY THE PARTY IN ACCORDANCE WITH PARTY RULES.
(b) WHEN A VACANCY IN A PARTY NOMINATION IS FILLED PRIOR TO
THE BALLOTS BEING PRINTED, THE SECRET ARY OF ST A TE SHALL DIRECT EACH
COUNTY CLERK AND RECORDER TO PRINT THE NAME OF THE REPLACEMENT
CANDIDATE ON THE BALLOT.
PAGE 15-HOUSE BILL 26-1113
(c) WHEN A VACANCY IN A PARTY NOMINATION IS FILLED
SUBSEQUENT TO THE BALLOTS BEING PRINTED, THE SECRETARY OF STATE
SHALL DIRECT EACH COUNTY CLERK AND RECORDER TO:
(I) PROMINENTLY POST, ON THE DESIGNATED ELECTION OFFICIAL'S
WEBSITE AND IN EACH VOTER SERVICE AND POLLING CENTER, A NOTICE OF
THE VACANCY AND THE NAME OF THE RE PLACEMENT CANDIDATE; AND
(II) EITHER PRINT AND PLACE ON THE SAMPLE BALLOT, WHICH IS
DELIVERED TO THE ELECTION JUDGES AND POSTED PURSUANT TO SECTION
1-5-413, A STICKER OF A DIFFERENT COLOR THAN THE SAMPLE BALLOT
INDICATING THE NAME OF THE REPLACEMENT CANDIDATE OR REPRINT THE
SAMPLE BALLOT WITH THE NAME OF THE REPLACEMENT CANDIDATE IN A
DIFFERENT COLOR.
(d) VOTES CAST FOR THE CANDIDATE WHO VACATED THE
NOMINATION MUST BE COUNTED AS VOTES FOR THE REPLACEMENT
CANDIDATE.
SECTION 18. In Colorado Revised Statutes, amend 1-4-403 as
follows:
1-4-403. Nomination of unaffiliated candidates for congressional
vacancy election.
(1) Except as provided in section 1-4-401.5, candidates for congress
at a congressional vacancy election who do not wish to affiliate with a
major political party may be nominated pursuant to the provisions of section
1-4-802.
(2) Petitions must be filed by 5 p.m. on the twentieth TENTH day
after the date ofthe order issued by the governor BEFORE THE DEADLINE FOR
THE SECRETARY OF STATE TO CERTIFY THE BALLOT CONTENT FOR THE
ELECTION.
SECTION 19. In Colorado Revised Statutes, amend 1-4-404 as
follows:
1-4-404. Nomination and acceptance of candidate -arrangement
of names on ballots.
PAGE 16-HOUSE BILL 26-1113
( 1) Any person nominated in accordance with this article 4 shall file
a written acceptance with the secretary of state by mail or hand delivery.
The written acceptance must be postmarked or received by the secretary of
state within four business days after the adjournment of the assembly. If an
acceptance is not filed within the specified time, the candidate is deemed to
have declined the nomination, and the nomination must be treated as a
vacancy to be filled as provided in part 10 of this article 4.
(2) THE SECRETARY OF STATE SHALL ARRANGE THE NAMES OF ALL
CANDIDATES WHO HA VE BEEN DULY NOMINATED AND FILED A WRITTEN
ACCEPTANCE IN ACCORDANCE WITH SUBSECTION ( 1) OF THIS SECTION ON THE
BALLOT UNDER THE DESIGNATION OF THE OFFICE IN THREE GROUPS AS
FOLLOWS:
(a) THE NAMES OF THE CANDIDATES OF THE MAJOR POLITICAL
PARTIES SHALL BE PLACED ON THE BALLOT IN AN ORDER ESTABLISHED BY
LOT AND SHALL COMPRISE THE FIRST GROUP;
(b) THE NAMES OF THE CANDIDATES OF THE MINOR POLITICAL
PARTIES SHALL BE LISTED IN AN ORDER ESTABLISHED BY LOT AND SHALL
COMPRISE THE SECOND GROUP; AND
( c) THE NAMES OF THE UNAFFILIATED CANDIDATES SHALL BE LISTED
IN AN ORDER ESTABLISHED BY LOT AND SHALL COMPRISE THE THIRD GROUP.
SECTION 20. In Colorado Revised Statutes, 1-4-501, amend (1)
and (2) as follows:
1-4-501. Only eligible electors eligible for office.
( 1) No person except an eligible elector who is at least eighteen
years of age OLD, unless another age is required by law, is eligible to hold
any office in this state. No person is eligible to be a designee or candidate
for office AT A PRESIDENTIAL PRIMARY, STATE PRIMARY, GENERAL
ELECTION, CONGRESSIONAL VACANCY ELECTION, OR OTHER COORDINATED
ELECTION unless that person fully meets the qualifications of that office as
stated in the constitution and statutes of THE UNITED ST A TES OR this state
on or before the date the term of that office begins. The SECRETARY OF
ST A TE, OR designated election official, AS APPLICABLE, shall not certify the
name of any designee or candidate who fails to swear or affirm under oath
PAGE 17-HOUSE BILL 26-1113
that he 01 she THEY will fully meet the qualifications of the office if elected;
or who is unable to provide proof that he 01 she meets THEY MEET any
requirements of the office relating to registration, residence, or property
ownership; or who the SECRET ARY OF ST A TE OR designated election official
determines is not qualified to hold the office that he OI she seeks THEY SEEK
based on residency requirements, OR OTHER REQUIREMENTS WHICH ARE
OBJECTIVELY VERIFIABLE SUCH AS AGE, PLACE OF BIRTH, TERM LIMITS, OR
PARTY AFFILIATION. The information found on the person's voter
registration record is admissible as prima facie evidence of compliance with
this section.
(2) No person is eligible to be a candidate for more than one office
at one time; except that this subsection (2) does not apply to memberships
on different special district boards. This subsection (2) shall not prohibit a
candidate or elected official of any political subdivision from being a
candidate or member of the board of directors of any special district or
districts in which he 01 she is THEY ARE an eligible elector, unless otherwise
prohibited by law.
SECTION 21. In Colorado Revised Statutes, 1-4-604, amend (3)
as follows:
1-4-604. Filing of petitions and certificates of designation by
assembly -legislative declaration.
(3) Certificates of designation by assembly shall be filed no later
than four days after the adjournment of the assembly. Certificates of
designatiott may be transmitted by facsimile transmission; however, the
original certificate must also be filed and postmarked no later than ten days
after the adjommnent of the assembly.
SECTION 22. In Colorado Revised Statutes, 1-4-802, amend ( 1)
introductory portion and (l)(f)(I) as follows:
1-4-802. Petitions for nominating minor political party and
unaffiliated candidates for a partisan office.
( 1) Candidates for partisan public offices to be filled at a general or
congressional vacancy election who do not wish to affiliate with a major
political party, AND CANDIDATES FOR A CONGRESSIONAL VACANCY
PAGE 18-HOUSE BILL 26-1113
ELECTION WHO DO NOT WISH TO AFFILIATE WITH ANY POLITICAL PARTY' may
be nominated, other than by a primary election or a convention, in the
following manner:
(f) (I) Except as provided in subsection (l)(f)(II) of this section,
petitions must be filed no later than 5 p.m. on the one hundred seventeenth
day before the general election or, for a congressional vacancy election, no
later than 5 p.m. on the twentieth TENTH day after the date of the mdet
issued by the go V etnm BEFORE THE DEADLINE FOR THE SECRET ARY OF ST A TE
TO CERTIFY THE BALLOT CONTENT FOR THE ELECTION.
SECTION 23. In Colorado Revised Statutes, 1-4-904, amend (3)
as follows:
1-4-904. Signatures on the petitions.
(3) Unless physically unable, all electors shall sign their own
signature and shall print their names, their respective residence addresses,
including the street number and name, the city or town, the county, and the
date of signature. Each signature on a petition shall be made, to the extent
possible, in black ink.
SECTION 24. In Colorado Revised Statutes, 1-4-1001, add (3) as
follows:
1-4-1001. Withdrawal or disqualification from candidacy.
(3) IF A PARTY FAILS TO FILL A VACANCY IN NOMINATION BY THE
DEADLINES ESTABLISHED IN THIS PART 10, THAT VACANCY IN NOMINATION
SHALL REMAIN UNFILLED.
SECTION 25. In Colorado Revised Statutes, 1-4-1002, amend
(3)(a) and (3)(b)(IV) as follows:
1-4-1002. Vacancies in major party designation up to the
sixty-eighth day before primary election day.
(3) (a) No vacancy committee called to fill a vacancy pursuant to
this section may select a person to fill the vacancy at a meeting held for that
purpose unless a written notice announcing the time and location of the
PAGE 19-HOUSE BILL 26-1113
vacancy committee meeting was mailed to each of the committee members
within five TEN calendar days of the ehaitperson of the eentral eommittee
reeeiving notiee of FROM THE DATE the vacancy OCCURS. Mailing of the
notice is effective when the notice is properly addressed and deposited in
the United States mail, with first-class postage prepaid. In addition to this
mailing, the chairperson of the central committee may also contact the
committee members by electronic mail.
(b) (IV) If the vacancy committee fails to timely certify a selection
WITHIN TWENTY CALENDAR DAYS FROM THE DATE THE VACANCY OCCURS,
OR SIXTY-SIX DAYS BEFORE THE DATE OF THE PRIMARY ELECTION,
WHICHEVER IS SOONER, the state chair of the party of the candidate whose
declination, death, disqualification, or withdrawal caused the vacancy,
within seven days, shall fill the vacancy by appointing a person who meets
all of the requirements of candidacy as of the date of the appointment and
who is affiliated with the same political party shown in the statewide voter
registration system as the candidate whose declination, death,
disqualification, or withdrawal caused the vacancy. The name of the person
appointed by the state chair must be certified to the secretary of state OR THE
DESIGNATED ELECTION OFFICIAL.
SE CTION 26. In Colorado Revised Statutes, 1-4-1003, amend
(3)(a), (3)(b)(IV), and (3)(c)(I) as follows:
1-4-1003. Vacancies in major party designation occurring
between the sixty-seventh day before a primary election and the
earliest day to mail primary election ballots.
(3) (a) No vacancy committee called to fill a vacancy pursuant to
this section may select a person to fill a vacancy at a meeting held for that
purpose unless a written notice announcing the time and location of the
vacancy committee meeting was mailed to each of the committee members
within five TEN calendar days of the ehaitperson of the eentral eommittee
learning of FROM THE DATE the vacancy OCCURS. Mailing of the notice is
effective when the notice is properly addressed and deposited in the United
States mail, with first-class postage prepaid. In addition to this mailing, the
chairperson of the central committee may also contact the committee
members by electronic mail.
(b) (IV) If the vacancy committee fails to timely certify a selection
PAGE 20-HOUSE BILL 26-1113
WITHIN TWENTY CALENDAR DAYS FROM THE DATE THE VACANCY OCCURS,
the state chair of the party of the candidate whose declination, death,
disqualification, or withdrawal caused the vacancy, within seven days, shall
fill the vacancy by appointing a person who meets all of the requirements
of candidacy as of the date of the appointment and who is affiliated with the
same political party shown in the statewide voter registration system as the
candidate whose declination, death, disqualification, or withdrawal caused
the vacancy. The name of the person appointed by the state chair must be
certified to the secretary of state OR THE DESIGNATED ELECTION OFFICIAL.
( c) (I) The designation and acceptance of the person selected to fill
the vacancy must be submitted to the designated election official no later
than three days from either the date of the vacancy committee meeting or
from the date of appointment by the state chair pursuant to subsection
(3)(b)(IV) of this section, as applicable; EXCEPT THAT, THE DESIGNATION
AND ACCEPTANCE MUST IN ALL CASES BE SUBMITTED NO LATER THAN THE
DAY BEFORE THE DA TE OF THE PRIMARY ELECTION.
SECTION 27. In Colorado Revised Statutes, 1-4-1004, amend
(3)(a), (3)(b)(IV), (3)(c)(I), and (4)(b) as follows:
1-4-1004. Vacancies in major party designation occurring from
the day after the earliest day to mail primary election ballots through
primary election day.
(3) (a) No vacancy committee called to fill a vacancy pursuant to
this section may select a person to fill a vacancy at a meeting held for that
purpose unless a written notice announcing the time and location of the
vacancy committee meeting was mailed to each of the committee members
within five TEN calendar days of the ehaiipe1son of the eentrnl committee
teaming-of FROM THE DATE the vacancy OCCURS. Mailing of the notice is
effective when the notice is properly addressed and deposited in the United
States mail, with first-class postage prepaid. In addition to the mailing, the
chairperson of the central committee may also contact committee members
by electronic mail.
(b) (IV) If the vacancy committee fails to timely certify a selection
WITHIN TWENTY CALENDAR DAYS FROM THE DATE THE VACANCY OCCURS,
OR FIVE DAYS FROM THE DATE OF THE PRIMARY ELECTION, WHICHEVER IS
SOONER, the state chair of the party of the candidate whose declination,
PAGE 21-HOUSE BILL 26-1113
death, disqualification, or withdrawal caused the vacancy, within seven
days, shall fill the vacancy by appointing a person who meets all of the
requirements of candidacy as of the date of the appointment and who is
affiliated with the same political party shown in the statewide voter
registration system as the candidate whose declination, death,
disqualification, or withdrawal caused the vacancy. The name of the person
appointed by the state chair must be certified to the secretary of state OR THE
DESIGNATED ELECTION OFFICIAL.
(c) (I) The designation and acceptance of the person selected to fill
the vacancy must be submitted to the designated election official no later
than three days from either the date of the vacancy committee meeting or
from the date of appointment by the state chair pursuant to subsection
(3)(b)(IV) of this section, as applicable; EXCEPT THAT, THE DESIGNATION
AND ACCEPTANCE MUST IN ALL CASES BE SUBMITTED NO LATER THAN SEVEN
DAYS FROM THE DATE OF THE PRIMARY ELECTION.
( 4) When a vacancy in a party nomination is filled pursuant to this
section:
(b) Votes cast for the candidate who vacated the designation must
be counted as votes for the replacement candidate IF A REPLACEMENT
CANDIDATE HAS BEEN CERTIFIED TO THE SECRETARY OF STATE OR THE
DESIGNATED ELECTION OFFICIAL ON OR BEFORE THE DATE OF THE PRIMARY
ELECTION.
SECTION 28. In Colorado Revised Statutes, 1-4-1005, amend
(3)(a), (3)(b)(IV), and (3)(c)(I) as follows:
1-4-1005. Vacancies in major party nomination occurring from
the day after primary election day through the earliest day to mail
general election ballots.
(3) (a) No vacancy committee called to fill a vacancy pursuant to
this section may select a person to fill a vacancy at a meeting held for that
purpose unless a written notice announcing the time and location of the
vacancy committee meeting was mailed to each of the committee members
within five TEN calendar days of the ehairpetson of the eentrnl eommittee
learning of FROM THE DATE the vacancy OCCURS. Mailing of the notice is
effective when the notice is properly addressed and deposited in the United
PAGE 22-HOUSE BILL 26-1113
States mail, with first-class postage prepaid. In addition to the mailing, the
chairperson of the central committee may also contact committee members
by electronic mail.
(b) (IV) If the vacancy committee fails to timely certify a selection
WITHIN TWENTY CALENDAR DAYS FROM THE DATE THE VACANCY OCCURS,
the state chair of the party of the candidate whose declination, death,
disqualification, or withdrawal caused the vacancy, within seven days, shall
fill the vacancy by appointing a person who meets all of the requirements
of candidacy as of the date of the appointment and who is affiliated with the
same political party shown in the statewide voter registration system as the
candidate whose declination, death, disqualification, or withdrawal caused
the vacancy. The name of the person appointed by the state chair must be
certified to the secretary of state OR THE DESIGNATED ELECTION OFFICIAL.
The vacancy is filled until the next general election after the vacancy
ocems, when the vacancy is filled by election.
( c) (I) The designation and acceptance of the person selected to fill
the vacancy must be submitted to the designated election official no later
than three days from either the date of the vacancy committee meeting or
from the date of appointment by the state chair pursuant to subsection
(3 )(b )(IV) of this section, as applicable; except that such certification
DESIGNATION AND ACCEPTANCE must in all cases be submitted no later than
the sixty-fourth day before the date of the general election.
SECTION 29. In Colorado Revised Statutes, 1-4-1006, amend (2)
as follows:
1-4-1006. Vacancies in major party nomination occurring from
the day after the earliest day to mail general election ballots through
general election day.
(2) A vacancy occurring from the day after the earliest day to mail
general election ballots through general election day must REMAIN
UNFILLED. IF THE CANDIDATE RECEIVING THE MOST VOTES IN THE ELECTION
IS THE CANDIDA TE WHOSE WITHDRAW AL OR DISQUALIFICATION CREA TED
THE VA CAN CY' THE VA CAN CY IN OFFICE MUST be filled in accordance with
part 2 of article 12 of this code.
SECTION 30. In Colorado Revised Statutes, amend 1-4-1007 as
PAGE 23-HOUSE BILL 26-1113
follows:
1-4-1007. Vacancies in minor party designation or nomination.
Any vacancy in a nomination for a minor political party candidate
occurring after the filing of the certificate of designation pursuant to section
1-4-1304 (3) and no later than seventy days before the general or
congressional vacancy election, which is caused by the declination, death,
disqualification, or withdrawal of any person nominated by the minor
political party, may be filled by the person or persons designated in the
constitution or bylaws of the minor political party to fill vacancies. THE
DESIGNATION AND ACCEPTANCE OF THE PERSON SELECTED TO FILL THE
VACANCY MUST BE SUBMITTED TO THE DESIGNATED ELECTION OFFICIAL NO
LATER THAN THE SIXTY-FOURTH DAY BEFO RE THE DATE OF THE GENERAL
ELECTION.
SECTION 31. In Colorado Revised Statutes, amend 1-4-1008 as
follows:
1-4-1008. Vacancies in unaffiliated designation or nomination.
Any vacancy in a nomination for an unaffiliated candidate caused by
the declination, death, disqualification, or withdrawal of any person
nominated by petition or statement of intent occurring after the filing of the
petition for nomination and no later than seventy days before the general or
congressional vacancy election may be filled by the person or persons
designated on the petition or statement of intent to fill vacancies. THE
DESIGNATION AND ACCEPTANCE OF THE PERSON SELECTED TO FILL THE
VACANCY MUST BE SUBMITTED TO THE DESIGNATED ELECTION OFFICIAL NO
LATER THAN THE SIXTY-FOURTH DAY BEFORE THE DATE OF THE GENERAL
ELECTION.
SECTION 32. In Colorado Revised Statutes, 1-4-1203, amend
(4)(a) as follows:
1-4-1203. Presidential primary elections -when -conduct.
(4) (a) A ballot used in a presidential primary election must only
contain the names of candidates for the office of the president of the United
States of America. The ballot shall not be used for the purpose of presenting
PAGE 24-HOUSE BILL 26-1113
any other issue or question to the electorate unless expressly authorized by
law; EXCEPT THAT, A CONGRESSIONAL VACANCY ELECTION MAY BE
PRESENTED ON THE SAME BALLOT USED IN A PRESIDENTIAL PRIMARY IF THE
CONGRESSIONAL VACANCY ELECTION IS HELD ON THE SAME DAY AS THE
PRESIDENTIAL PRIMARY PURSUANT TO SECTION 1-4-401.
SECTION 33. In Colorado Revised Statutes, 1-4-1304, amend
(l.5)(b)(I), (3), and (4) as follows:
1-4-1304. Nomination of candidates.
(1.5) (b) (I) A minor political party may nominate candidates for
offices to be filled at a general election by assembly. Except as ptovided in
subsection ( 1.S)(t) of this section, An assembly shall be held no later than
seventy-three days preceding the primary election.
(3) Any minor political party nominating candidates in accordance
with this part 13 shall file a certificate of designation with the designated
election official no later than four days after the assembly ~as held at
SIXTY-SEVEN DAYS BEFORE THE PRIMARY ELECTION FOR which the candidate
was designated. The certificate of designation must state the name of the
office for which each person is a candidate and the candidate's name and
address, the date on which the assembly was held at which the candidate
was designated, must designate in not more than three words the name of
the minor political party that the candidate represents, and must certify that
the candidate is a member of the minor political party. The candidate's name
may include one nickname, if the candidate regularly uses the nickname and
the nickname does not include any part of a political party name. The
candidate's affiliation as shown in the statewide voter registration system is
prima facie evidence of party membership.
( 4) Any person nominated in accordance with this part 13 shall file
a written acceptance with the designated election official. by mail, facsimile
transmission, or hand delivery The written acceptance must be postmarked
or received by the designated election official no later than four business
days after the filing of the certificate of designation required under
subsection (3) of this section. If the acceptance is transmitted to the
designated election official by facsimile transmission, the original
acceptance must also be filed and postmarked no later than ten days after
the filing of the certificate of designation required under subsection (3) of
PAGE 25-HOUSE BILL 26-1113
this seetio11. If an acceptance is not filed within the specified time, the
candidate shall be deemed to have declined the nomination.
SECTION 34. In Colorado Revised Statutes, 1-5-102.9, amend
(l)(b.5)(1)(A), (l)(b.5)(111), (l)(b.5)(VI), and (5)(c); and add (2)(c) as
follows:
1-5-102.9. Voter service and polling centers -number required
-services provided -drop-off locations -definition.
(1) (b.5) (I) For a general election, a county clerk and recorder shall
designate a voter service and polling center on the campus of an institution
of higher education, as defined in section 23-3 .1-102 ( 5), located within the
county as follows:
(A) NOTWITHSTANDING THE REQUIREMENT IN SUBSECTION (2) OF
THIS SECTION, during the period from the fifteenth TENTH day before the
election to the second day before the election, one voter service and polling
center on each campus that has ten thousand or more enrolled students; and
(Ill) A county clerk and recorder shall confer with a state AN
institution of higher education about the location for a voter service and
polling center designated on a campus.
(VI) As used in this subsection (l)(b.5), "campus" means any
collection of buildings and surrounding grounds owned or used by a state
AN institution of higher education to regularly provide students with
education, housing, or college activities. If one or more state institutions of
higher education share buildings or grounds, or if the campuses of one or
more state institutions of higher education are adjacent or otherwise
connected, the shared or connected buildings and grounds constitute a
single campus for the purposes of this subsection (l)(b.5).
(2) Voter service and polling centers must be open, at a minimum,
for the fifteen-day period prior to and including the day of the election as
follows:
( c) ALL VOTER SERVICE AND POLLING CENTERS SHALL REMAIN OPEN
ON ELECTION DAY AS REQUIRED BY THIS SUBSECTION (2). A VOTER SERVICE
AND POLLING CENTER THAT EXPERIENCES A SHORTAGE OF SUPPLIES,
PAGE 26-HOUSE BILL 26-1113
INCLUDING BALLOTS, SHALL NOT CLOSE AND MAY BY REQUIRED TO REMAIN
OPEN AFTER 7 P.M. IN ACCORDANCE WITH SECTION 1-7-101 (l)(b)(I).
( 5) ( c) Each drop box must accept mail ballots delivered by electors
for the fifteen-day TWENTY-TWO-DAY period prior to and including the day
of the election.
SECTION 35. In Colorado Revised Statutes, 1-5-106, add (l)(c)
as follows:
1-5-106. Polling location or drop-off location - designation by
sign.
(1) (c) A VOTER SERVICE AND POLLING CENTER ON THE CAMPUS OF
AN INSTITUTION OF HIGHER EDUCATION DESIGNATED PURSUANT TO SECTION
1-5-102.9 (l)(b.5)(1) MUST BE:
(I) DESIGNATED BY ONE OR MORE SIGNS POSTED IN ACCORDANCE
WITH SUBSECTION (l)(a) OF THIS SECTION;
(II) IDENTIFIED AND DESCRIBED, INCLUDING BY BUILDING NAME AND
ADDRESS AND HOURS OF OPERATION, IN SIGNS CONSPICUOUSLY POSTED
INSIDE AND AT EACH ENTRANCE OF THE STUDENT CENTER, OR OTHER
COMMON AREA, OF THE INSTITUTION OF HIGHER EDUCATION AT LEAST
TWENTY DAYS BEFORE EACH ELECTION AND DURING THE PERIOD POLLING
LOCATIONS ARE OPEN; AND
(111) IDENTIFIED AND DESCRIBED, INCLUDING BY BUILDING NAME
AND ADDRESS AND HOURS OF OPERATION, IN AN EMAIL SENT TO ALL
ENROLLED STUDENTS BY THE INSTITUTION OF HIGHER EDUCATION DURING
THE PERIOD BALLOTS ARE MAILED FOR THE ELECTION PURSUANT TO SECTION
1-7.5-107 (3).
SECTION 36. In Colorado Revised Statutes, 1-5-203, amend (l)(a)
as follows:
1-5-203. Certification of ballot.
( 1) (a) Except as provided in subsection ( 1 )( c) of this section, no
later than sixty days before any primary election, and no later than
PAGE 27-HOUSE BILL 26-1113
fifty-seven days before any general or odd-year November election or
congressional vacancy election, the secretary of state shall deliver by
electronic transmission and registered mail to the county clerk and recorder
of each county a certificate in writing of the ballot order and content for
each county, as follows:
SECTION 37. In Colorado Revised Statutes, 1-5-404, repeal (3)
as follows:
1-5-404. Arrangement of names on ballots for partisan elections.
(3) The arrangement ofnanres on ballots fur eongressional vaeancy
eleetions shall be established by lot at any time pt ior to the eertifieation of
ballots fut the eongressional "Vaeaney eleetion. The offi:eer in reeeipt of the
m iginal designation, nomination, 01 petition of eaeh eandidate shall infunn
the majm politieal parties, eaeh minor politieal party, and the
r epr esentati v es of eaeh politieal 01 ganization on file with the seet etary of
state of the time and plaee of the lot-diawing fut the eongressional eleetion
ballot. Ballot positions shall be assigned to the major politieal party, minm
politieal party, 01 politieal 01ganization in the 01der in whieh they ate
drawn.
SECTION 38. In Colorado Revised Statutes, 1-5-905, amend (2)
as follows:
1-5-905. Multilingual ballot access - general provisions -
requirements of secretary of state -county clerks.
(2) The secretary of state shall determine which counties in the state
are required to provide multilingual ballot access and, therefore, are
required to create a minority language sample ballot pursuant to section
1-5-906 and provide an in-person minority language ballot pursuant to
section 1-5-907. The secretary of state shall make such determination based
on information provided in the most recent five-year estimates specified in
the United States bureau of the census American community survey or
comparable census data. The secretary of state shall notify the county clerk
of any county that is required to provide a minority language sample ballot
pursuant to section 1-5-906 and provide an in-person minority language
ballot pursuant to section 1-5-907 on or before January 5, 2022, and on or
before January 5 of each even year AND A YEAR FOLLOWING THE RELEASE
PAGE 28-HOUSE BILL 26-1113
OF DAT A COLLECTED PURSUANT TO SECTION 203 OF THE FEDERAL "VOTING
RIGHTS ACT OF 1965" BYTHEFEDERALGOVERNMENTthereafter. In addition,
on or before January 5, 2022, and on or before January 5 of each even year
OR A YEAR FOLLOWING THE RELEASE OF DATA COLLECTED PURSUANT TO
SECTION 203 OF THE FEDERAL "VOTING RIGHTS ACT OF 1965" BY THE
FEDERAL GOVERNMENT thereafter, the secretary of state shall post a list on
the secretary's website of all counties that are required to provide a minority
language sample ballot pursuant to section 1-5-906 and provide an
in-person minority language ballot pursuant to section 1-5-907.
SECTION 39. In Colorado Revised Statutes, repeal 1-5-603 as
follows:
1-5-603. Adoption and payment for voting machines.
(1) The go veining body of an, political subdi'1ision may adopt fo1
use at elections an, kind of voting machine fulfilling the 1cquitcments fo1
voting machines set forth in this part 6. These voting machines may be used
at-any---01 all elections held in the political subdi'1 is ion fo1 casting,
iegistciing, and counting votes. Except as prnvided in subsection (2) of this
section, the gov e1 ning body of any political subdi'1 is ion which adopts and
pm chases 01 leases voting machines shall prnvide fo1 the payment of the
pmchasc ptice 01 the tent in such mannc1 as may be in: the best inte1cst of
the political subdivision and may fo1 that pm pose pm v idc fo1 the issuance
ofinte1cst-bcating bonds, certificates ofindcbtcdncss, 01 othc1 obligations,
which shall be a cha1gc upon the county. The bonds, certificates of
indebtedness, or other obligations may be made payable at such times, not
exceeding ten years from the date of issue, as may be dcte1mincd by the
governing body bttt shall not be issued or sold at less than par.
(2) (a) If the secretary of state certifies a '10ti11g system for use in an
election using instant rnnoff voting in acco1dancc with section 1-5-617
(1.5), the secretary of state shall, if possible, negotiate a single annual
statewide license with the voting system p1ovidc1 to allow each county that
uses the voting system to conduct elections using instant I unoff voting. The
secretary of state shall pay for the annual statewide license from the
department of state cash fund created in section 24-21-104 (3)(b).
(b) Each county that uses a '1 oting system in an instant runoff voting
election put suant to a license obtained by the sect etary of state in
PAGE 29-HOUSE BILL 26-1113
accordance with subsection (2)(a) of this section shall t eimbttt se the
sect etary of state fot its pt oportionate shat e of the cost of the annual
statewide license fot that year. The secretary of state shall invoice any
county that uses the voting system in an instant t unoff voting election for
its shat e of the cost as a pt oportion of the numb et oft egistet ed active v otet s
in all participating municipalities in that county cotnpat ed to the total
numb et of I egister ed active v otet s in all participating municipalities in the
state as determined by the secretary of state ptttsuant to this section.
SECTION 40. In Colorado Revised Statutes, 1-5-612, amend ( 1 )( a);
repeal (l)(b); and add (l)(c) and (3) as follows:
1-5-612. Use of electronic and electromechanical voting systems.
( 1) (a) Except as other wise pt o v ided in subsection ( 1 )(b) of this
section, The governing body of any political subdhiision may, COUNTY
CLERK AND RECORDER FOR A COUNTY WITH ONE THOUSAND OR MORE
ACTIVE ELECTORS AS OF THE DA TE OF THE LAST GENERAL ELECTION MUST
upon consultation with the designated election official BOARD OF COUNTY
COMMISSIONERS, ACQUIRE AND adopt an electronic or electromechanical
voting system, including any upgrade in hardware, firmware, or software,
for use at the polling locations in the political subdivision. The system may
be used for I ecor ding, counting, and tabulating votes at all elections held by
the political subdivision. IN ALL ELECTIONS CONDUCTED BY THE COUNTY
UNDER THE "UNIFORM ELECTION CODE OF 1992".
(b) For all elections conducted under the "Uniform Election Code
of 1992", the governing body of any political subdivision shall, upon
consultation with the designated election official, adopt an elect1 onic ot
electt omechanical voting system to be used fot tabulating votes at all
elections held by the political subdivision. The pt o vis ions of this subsection
(l)(b) do not apply to counties with fewer than one thousand active electors
as of the date of the last general election.
( c) THE COUNTY CLERK AND RECORDER SHALL OVERSEE THE
SELECTION, SUPERVISION, AND MANAGEMENT OF ALL PERSONNEL,
INCLUDING CONTRACTORS AND VENDORS, ENGAGED IN THE ACQUISITION,
IMPLEMENTATION, OPERATION, AND MAINTENANCE OF THE ELECTRONIC OR
ELECTROMECHANICAL VOTING SYSTEM, SUBJECT TO THE RULES OF THE
SECRETARY OF STATE.
PAGE 30-HOUSE BILL 26-1113
(3) (a) THE SECRET ARY OF ST A TE SHALL, IF POSSIBLE, NEGOTIATE A
SINGLE ANNUAL ST A TEWIDE LICENSE WITH THE VOTING SYSTEM PROVIDER
OF A CERTIFIED VOTING SYSTEM FOR USE IN AN ELECTION USING INSTANT
RUNOFF VOTING PURSUANT TO SECTION 1-5-617 ( 1.5) TO ALLOW EACH
COUNTY THAT USES THE VOTING SYSTEM TO CONDUCT ELECTIONS USING
INST ANT RUNOFF VOTING. THE SECRET ARY OF ST A TE SHALL PAY FOR SUCH
ANNUAL ST A TEWIDE LICENSE FROM THE DEPARTMENT OF ST A TE CASH FUND
CREATED IN SECTION 24-21-104 (3)(b).
(b) EACH COUNTY THAT USES A VOTING SYSTEM IN AN INST ANT
RUNOFF VOTING ELECTION PURSUANT TO A STATEWIDE LICENSE PAID FOR
PURSUANT TO SUBSECTION (3)(a) OF THIS SECTION SHALL REIMBURSE THE
DEPARTMENT OF STATE FOR ITS PROPORTIONATE SHARE OF THE COST OF THE
ANNUAL STATEWIDE LICENSE FOR THE YEAR IN WHICH THE ELECTION IS
HELD. THE SECRETARY OF STATE SHALL PROVIDE AN INVOICE TO EACH
COUNTY THAT USES THE VOTING SYSTEM FOR ITS PROPORTIONATE SHARE OF
THE COST OF THE ST A TE WIDE LICENSE BASED ON THE NUMBER OF
REGISTERED ACTIVE ELECTORS IN ALL PARTICIPATING MUNICIPALITIES IN
THAT COUNTY COMPARED TO THE TOTAL NUMBER OF REGISTERED ACTIVE
ELECTORS IN ALL PARTICIPATING MUNICIPALITIES IN THE STATE, AS
DETERMINED BY THE SECRETARY OF STATE.
SECTION 41. In Colorado Revised Statutes, 1-6-101, amend
(7)(c)(VII) as follows:
1-6-101. Qualifications for election judges - student election
judges -legislative declaration.
(7) ( c) The designated election officials may work with school
districts and public or private secondary educational institutions to_identify
students willing and able to serve as student election judges. Such school
districts or educational institutions may submit the names of the students to
the designated election official of the jurisdiction in which the school
district or educational institution is located for appointment as student
election judges. Home-schooled students may apply to the designated
election official for appointment as a student election judge pursuant to this
section. From among the names submitted, the designated election officials
may select students to serve as student election judges who meet the
following qualifications:
PAGE 31-HOUSE BILL 26-1113
(VII) They are sixteen FIFTEEN years of age OLD or older and either
a junim m senim STUDENT in good standing attending a public or private
secondary educational institution or being home-schooled at the time of the
election to which the student is serving as a student election judge; and
SECTION 42. In Colorado Revised Statutes, amend 1-6-106 as
follows:
1-6-106. Confirmation and acceptance of election judge
appointment.
( l) The designated election official shall confirm the appointments
of election judges by mailing SENDING each appointed election judge a
eertifieation NOTICE of appointment and an aeeeptanee fmm IN
ACCORDANCE WITH SUBSECTION (2) OF THIS SECTION.
(2) The aeeeptanee form NOTICE OF APPOINTMENT SHALL SPECIFY
THE METHOD OF ACCEPTANCE FOR THE APPOINTMENT AS DETERMINED BY
THE DESIGNATED ELECTION OFFICIAL AND shall contain:
(a) The statement of qualifications as prescribed in section 1-6-101;
and
(b) A statement that, if the person appointed as an election judge
either fails to file the aeeeptanee form ACCEPT THE APPOINTMENT within
seven days after the eertifieatio11 NOTICE of appointment and aeeeptanee
fornr are mailed IS SENT or fails to attend a class of instruction as required
in section 1-6-101 ( 5), the designated election official may determine that
a vacancy has been created.
(3) Each person appointed as an election judge shall file an
aeeeptanee form in the offiee of ACCEPT THE APPOINTMENT IN THE MANNER
SPECIFIED BY the designated election official within seven days after the
eertifieation NOTICE of appointment and aeeeptanee form have been mailed
HAS BEEN SENT. If a person appointed as an election judge fails to file the
aeeeptanee form ACCEPT THE APPOINTMENT as described in subsection (2)
of this section or fails to attend a class of instruction as required in section
1-6-101 ( 5), the designated election official may determine that a vacancy
has been created.
PAGE 32-HOUSE BILL 26-1113
SECTION 43. In Colorado Revised Statutes, 1-7-101, repeal (2)
as follows:
1-7-101. Hours of voting on election day.
(2) Upon the opening of the polls, a prnelaination shall be made by
one of the judges that the polls are open, and, thirty minutes befure the
closing of the polls, a proela1natio11 shall be made that the polls will close
in thirty minutes.
SECTION 44. In Colorado Revised Statutes, amend 1-7-102 as
follows:
1-7-102. Employees entitled to vote.
(1) Eligible electors entitled to vote at an election shall be entitled
to absent themselves for the purpose of voting from any service or
employment in which they are then engaged or employed on the day of the
election for a period of two hours during the time the polls ANY DAY WHEN
VOTER SERVICE AND POLLING CENTERS are open. Any such absence shall not
be sufficient reason for the discharge of any person from service or
employment. Eligible Electors, who so absent themselves shall not be liable
for any penalty, nor shall any deduction be made from their usual salary or
wages, on account of their absence. Eligible Electors who are employed and
paid by the hour shall receive their regular hourly wage for the period of
their absence, not to exceed two hours. Application shall be made for the
leave of absence prior to the day of election FOR WHICH LEA VE IS
REQUESTED. The employer may specify the hours during which the
employee may be absent, but the hours shall be at the beginning or end of
the work shift, if the employee so requests.
(2) This section shall not apply to any pet son whose AN EMPLOYER
MAY DENY AN ELECTOR'S REQUEST FOR LEA VE PURSUANT TO SUBSECTION ( 1)
OF THIS SECTION IF THE ELECTOR'S hours of employment on the day -of-the
election FOR WHICH LEA VE IS REQUESTED are such that there are three or
more CONSECUTIVE hours between the time of opening and the time of
closing of the polls during which the elector is not required to be on the job.
SECTION 45. In Colorado Revised Statutes, 1-7-118, amend (2)
as follows:
PAGE 33-HOUSE BILL 26-1113
1-7-118. Ranked voting in a coordinated election - procedure -
costs -definition.
(2) A municipality that refers an election using instant runoff voting
to be conducted as part of a coordinated election shall pay for the
reasonable increased costs associated with the use of instant runoff voting
in the coordinated election, including but not limited to costs related to
election setup licensing costs pursuant to section 1-5-603 (2), programming,
ballot design, additional voter information and education, and tabulation.
SECTION 46. In Colorado Revised Statutes, amend 1-7-119 as
follows:
1-7-119. Voter service and polling centers - electors - use of
mobile phones -printed or written materials.
( 1) An elector may take a mobile phone or other electronic device
into a voter service and polling center so long as the elector does not make
or receive any phone calls, except for calls to or from the multilingual ballot
hotline established pursuant to section 1-5-904, or take any pictures or
videos other than images of the elector's own person or ballot.
(2) ANELECTORMAYTAKEPRINTEDOR WRITTENMATERIALSOFTHE
ELECTOR'S CHOICE INTO A VOTER SERVICE AND POLLING CENTER AS A
RESOURCE TO READ OR CONSULT WHILE MARKING THE ELECTOR'S BALLOT.
SECTION 47. In Colorado Revised Statutes, add 1-7-120 as
follows:
1-7-120. Voter service and polling centers - wait times -
reporting.
(1) (a) ON ELECTION DAY, A COUNTY MUST MEASURE AND RECORD
THE WAIT TIME AT EACH OF ITS VOTER SERVICE AND POLLING CENTERS IN
ACCORDANCE WITH RULES ADOPTED BY THE SECRETARY OF STATE.
(b) EACH COUNTY MUST REPORT ITS WAIT TIME DAT A RES UL TS
DETERMINED IN ACCORDANCE WITH SUBSECTION (l)(a) OF THIS SECTION TO
THE SECRETARY OF STATE NO LATER THAN THIRTY DAYS AFTER THE
ELECTION.
PAGE 34-HOUSE BILL 26-1113
(2) (a) IF A COUNTY REPORTS WAIT TIME DATA RESULTS PURSUANT
TO SUBSECTION ( 1 )(b) OF THIS SECTION INDICATING A WAIT TIME IN EXCESS
OF ONE HOUR AT ANY VOTER SERVICE AND POLLING CENTER, THE COUNTY
MUST SUBMIT A REPORT TO THE SECRETARY OF STATE NO LATER THAN
NINETY DAYS FOLLOWING THE ELECTION, WHICH REPORT MUST INCLUDE THE
FOLLOWING INFORMATION FOR ANY SUCH VOTER SERVICE AND POLLING
CENTER:
(I) THE NUMBER OF ELECTORS WHO USED THE CENTER IN THE
ELECTION;
(II) THE NUMBER OF VOTING BOOTHS PROVIDED;
(III) THE NUMBER OF VOTER CHECK-IN STATIONS AND THE NUMBER
OF ELECTION JUDGES STAFFING THOSE ST A TIONS;
(IV) THE NUMBER AND STATUS OF ANY BALLOT MARKING DEVICES
AND BALLOT ON DEMAND SYSTEMS IN USE;
(V) THE NUMBER AND STATUS OF ANY PRINTERS AND OTHER
EQUIPMENT IN USE;
(VI) THE NUMBER OF STAFF AV AI LAB LE TO ASSIST WITH THE
CONDUCT OF THE ELECTION;
(VII) A DESCRIPTION OF THE NUMBER AND TYPES OF BACK-UPS OR
DELAYS THAT OCCURRED AT THE LOCATION IN THE CONDUCT OF THE
ELECTION, INCLUDING THE ACTIVITY INVOLVED, TIME OF OCCURRENCE, THE
KNOWN, PROBABLE, OR POSSIBLE CAUSE OF OR CAUSAL FACTORS THAT MAY
HA VE CONTRIBUTED TO THE BACK-UPS OR DELAYS, AND DETERMINATION OF
WHETHER THE CAUSE OR CAUSAL FACTORS ARE REASONABLY LIKELY TO
PERSIST OR REOCCUR AT FUTURE ELECTIONS;
(VIII) A REMEDIATION PLAN TO A VOID OR MINIMIZE WAIT TIMES
EXCEEDING ONE HOUR, WHICH MAY INCLUDE A PROPOSAL FOR ADDITIONAL
VOTER SERVICE AND POLLING CENTERS OR A PROPOSAL FOR THE USE OF NEW
SITES FOR EXISTING CENTERS, ADDITIONAL CHECK-IN STATIONS, VOTING
BOOTHS, BALLOT MARKING DEVICES AND BALLOT ON DEMAND SYSTEMS,
PRINTERS OR OTHER EQUIPMENT, ADDITIONAL STAFF OR ELECTION JUDGES,
OR CHANGES IN THE ALLOCATION OF DUTIES AMONG ELECTION JUDGES AND
PAGE 35-HOUSE BILL 26-1113
STAFF; AND
(IX) A DESCRIPTION OF THE BARRIERS, IF ANY, THAT MAY PREVENT
THE COUNTY FROM ENSURING ALL FUTURE CENTER WAIT TIMES DO NOT
EXCEED ONE HOUR.
(b) UPON RECEIPTOFAREPORTPURSUANTTOSUBSECTION (2)(a) OF
THIS SECTION, THE SECRETARY OF STATE SHALL POST THE REPORT ON THE
SECRET ARY OF ST A TE'S WEBSITE NO LATER THAN FIVE DAYS FROM THE DA TE
OF RECEIPT.
( C) IF A COUNTY IS REQUIRED TO SUBMIT A REPORT IN ACCORDANCE
WITH SUBSECTION (2)(a) OF THIS SECTION, THE COUNTY CLERK AND
RECORDER OR DESIGNATED ELECTION OFFICIAL RESPONSIBLE FOR SENDING
A PROPOSED ELECTION PLAN PURSUANT TO SECTION 1-7 .5-105 MUST
INCORPORATE APPROPRIATE REMEDIATION STEPS INTO THE PLAN.
SECTION 48. In Colorado Revised Statutes, repeal and reenact,
with amendments, 1-7-307 as follows:
1-7-307. Method of counting paper ballots.
( 1) IN ANY COUNTY IN WHICH A HAND COUNT OF BALLOTS IS USED OR
BECOMES NECESSARY, AS EXPRESSLY PERMITTED OR REQUIRED BY A
PROVISION OF THIS TITLE 1, DURING AN INITIAL TABULATION, POST-ELECTION
AUDIT,ORRECOUNT, THEDESIGNATEDELECTIONOFFICIALSHALLCOUNTTHE
BALLOTS IN THE MANNER PRESCRIBED BY THIS SECTION.
(2) EACH BALLOT MUST BE COUNTED BY A TEAM OF FOUR ELECTION
JUDGES. ONE JUDGE MUST AUDIBLY READ EVERY MARK ON THE BALLOT,
WHILE A SEPARATE JUDGE OBSERVES THIS READING AND ASSISTS IN
DETERMINING VOTER INTENT, WHEN NECESSARY. Two OTHER ELECTION
JUDGES MUST EACH MAKE ENTRIES ON TWO SEPARATE ACCOUNTING FORMS
FOR EACH AUDIBLY READ VOTE. THE SEPARATE ACCOUNTING FORMS MUST
BE COMPARED AT REGULAR INTERVALS AND ANY DISCREPANCIES NOTED ON
THESEPARATEFORMSMUSTBEACCOUNTEDFORUNTILANACCURATECOUNT
OF ALL BALLOTS COMPARED CAN BE DETERMINED.
(3) THE SECRETARY OF STATE MAY ADOPT RULES IN ACCORDANCE
WITH ARTICLE 4 OF TITLE 24 AS NECESSARY TO ADMINISTER AND ENFORCE
PAGE 36-HOUSE BILL 26-1113
THIS SECTION.
SECTION 49. In Colorado Revised Statutes, 1-7-507, amend (6)
as follows:
1-7-507. Electronic vote-counting -procedure.
(6) If a software or hardware malfunction, OR OTHER SIGNIFICANT
ISSUE, makes it impossible IMPRACTICABLE to count all or a part of the
ballots with electronic vote-tabulating equipment, the secretary of state,
after consultation with the designated election official, may permit the
designated election official to direct that such ballots be counted manually,
following as far as practicable the provisions governing the counting of
paper ballots as provided in section 1-7-307.
SECTION 50. In Colorado Revised Statutes, add 1-7-803 as
follows:
1-7-803. Custody and lawful transfer of election records.
( 1) A DESIGNATED ELECTION OFFICIAL MUST NOT TRANSFER
CUSTODY OR CONTROL OF ELECTION RECORDS OR OTHER ELECTION
MATERIALS, AS DESIGNATED BY THE SECRETARY OF STATE, TO A THIRD
PARTY UNLESS THE TRANSFER IS AUTHORIZED OR REQUIRED BY THE
SECRETARY OF STATE ORA MANDATORY LEGAL OBLIGATION IMPOSED BY A
COURT OF COMPETENT JURISDICTION.
(2) THE SECRETARY OF STATE MAY ADOPT RULES AS NECESSARY TO
ADMINISTER AND ENFORCE THIS SECTION, INCLUDING RULES REGARDING THE
CREATION OF AN INVENTORY OF ELECTION RECORDS OR ELECTION
MATERIALS TRANSFERRED DUE TO A MANDATORY LEGAL OBLIGATION
IMPOSED BY A COURT OF COMPETENT JURISDICTION.
(3) NOTHING IN THIS SECTION ALTERS OR AMENDS THE
REQUIREMENTS OR LIMITATIONS FOR OR ANY DUTIES OF A DESIGNATED
ELECTION OFFICIAL WITH RESPECT TO THE DISCLOSURE OF PUBLIC RECORDS
AS SET FORTH IN THE "COLORADO OPEN RECORDS ACT", PART 2 OF ARTICLE
72 OF TITLE 24.
SECTION 51. In Colorado Revised Statutes, 1-7.5-105, amend
(l)(a), (1.3)(f.5), and (2)(a); and add (2)(d) as follows:
PAGE 37-HOUSE BILL 26-1113
1-7.5-105. Preelection process -rules.
(1) (a) The county clerk and recorder or designated election official
responsible for conducting an election that is to be by mail ballot pursuant
to section 1-7 .5-104 ( 1) shall send a proposed election plan for conducting
the mail ballot election to the secretary of state no later than ninety days
prior to a nonpartisan election or, for any mail ballot election that is
coordinated with or conducted by the county clerk and recorder, no later
than one hundred ten TWENTY days prior to the election. The proposed plan
may be based on the standard plan adopted by the secretary of state by rule.
( 1.3) The election plan required under subsection ( 1) of this section
must include, at a minimum:
(f.5) The information required by section SECTIONS 1-7-120 (2)(c)
AND 1-7.5-113.5 (2); and
(2) (a) The secretary of state shall approve, or disapprove, OR
REQUEST MODIFICATION OF the written plan for conducting a mail ballot
election, in accordance with section 1-7 .5-106, within twenty days after
receiving the plan and shall provide a written notice to the affected political
subdivision.
(d) THE SECRETARY OF STATE SHALL RELEASE THE INFORMATION
REQUIRED BY SUBSECTIONS (l.3)(a) AND (l .3)(b) OF THIS SECTION FOR EACH
VOTER SERVICE AND POLLING CENTER DESCRIBED IN AN ELECTION PLAN
SUBMITTED PURSUANT TO SUBSECTION (2)(a) OF THIS SECTION NO LATER
THAN AUGUST 1 FOR EACH VOTER SERVICE AND POLLING CENTER.
SECTION 52. In Colorado Revised Statutes, 1-7.5-107, amend
(3)(a)(I), (3)(a)(II), (3.5)(d)(I), and (4.3)(a)(II) as follows:
1-7.5-107. Procedures for conducting mail ballot election -
primary elections -first-time voters casting a mail ballot after having
registered by mail to vote - in-person request for ballot - return
envelope requirements -repeal.
(3) (a) (I) Not sooner than tw eney-tw o TWENTY- NINE days before a
general, primary, or other mail ballot election, and no later than eighteen
TWENTY-FIVE days before the election, the county clerk and recorder or
PAGE 38-HOUSE BILL 26-1113
designated election official shall mail to each active registered elector, at
the last mailing address appearing in the registration records and in
accordance with United States postal service regulations, a mail ballot
packet, which must be marked "DO NOT FORWARD. ADDRESS
CORRECTION REQUESTED.", or any other similar statement that is in
accordance with United States postal service regulations. Nothing in this
subsection (3) affects any provision of this code governing the delivery of
mail ballots to an absent uniformed services elector, nonresident overseas
elector, or resident overseas elector covered by the federal "Uniformed and
Overseas Citizens Absentee Voting Act", 52 U.S.C. sec. 20301 et seq.
(11) If the twenty-second TWENTY-NINTH day before a general,
primary, or other mail ballot election is a Saturday, Sunday, state legal
holiday, or federal holiday recognized by the United States postal service,
the county clerk and recorder or designated election official may mail ballot
packets pursuant to subsection (3)(a)(I) of this section on the Friday
immediately preceding the meney-seeond TWENTY-NINTH day.
(3 .5) ( d) (I) Any person who desires to cast his or her ballot by mail
but does not satisfy the requirements of subsection (3. 5)(b) of this section
may cast such ballot by mail. The county clerk and recorder or designated
election official shall, within three days after the receipt of a mail ballot that
does not contain a copy of identification as defined in section 1-1-104
(19.5), but in no event later than two days after election day, send to the
eligible elector at the address indicated in the registration records and to the
eligible elector's electronic mail address if available a letter explaining the
lack of compliance with subsection (3 .5)(b) of this section; EXCEPT THAT,
IF THE COUNTY CLERK AND RECORDER FAILS TO SEND THE LETTER REQUIRED
BY THIS SUBSECTION (3 .5)( d)(I) WITHIN TWO DAYS AFTER THE ELECTION,
THE COUNTY CLERK AND RECORDER MUST SEND THE LETTER TO THE
ELIGIBLE ELECTOR BY OVERNIGHT MAIL OR HAND DELIVERY, OR BY THE
MOST EXPEDIENT METHOD AVAILABLE FOR OVERSEAS AND MILITARY
VOTERS. If the county clerk and recorder or designated election official
receives a copy of identification in compliance with subsection (3 .5)(b) of
this section within eight days after election day, and if the mail ballot is
otherwise valid, the mail ballot shall be counted.
(4.3) (a) (II) On and after January 1, 2020, For a presidential
primary or November coordinated election, in addition to the requirements
of subsection ( 4.3)(a)(I) of this section, the county clerk and recorder shall
PAGE 39-HOUSE BILL 26-1113
establish a drop box on each campus of a state AN institution of higher
education,AS DEFINED IN SECTION 23-3.1-102 (5), located within the county
that has two ONE thousand or more enrolled students as determined in
accordance with section 1-5-102.9 (l)(b.5)(III).
SECTION 53. In Colorado Revised Statutes, 1-7.5-107.3, amend
(2)(a); and add (l.5)(a.5) as follows:
1-7.5-107.3. Verification of signatures -rules.
( 1.5) ( a.5) IF THE COUNTY CLERK AND RECORDER FAILS TO SEND THE
LETTER AND FORM REQUIRED BY SUBSECTION (1.5)(a) OF THIS SECTION
WITHIN TWO DAYS AFTER THE ELECTION, THE COUNTY CLERK AND RECORDER
MUST SEND THE LETTER AND FORM TO THE ELIGIBLE ELECTOR BY OVERNIGHT
MAIL OR HAND DELIVERY, OR BY THE MOST EXPEDIENT METHOD AVAILABLE
FOR OVERSEAS AND MILITARY VOTERS.
(2) (a) If, upon comparing the signature of an eligible elector on the
self-affirmation on the return envelope with the signature of the eligible
elector stored in the statewide voter registration system, the election judge
determines that the signatures do not match, or if a signature verification
device used pursuant to subsection ( 5) of this section is unable to determine
that the signatures match, two other election judges of different political
party affiliations shall simultaneously compare the signatures. If both other
election judges agree that the signatures do not match, the county clerk and
recorder shall, within three days after the signature deficiency has been
confirmed, but in no event later than two days after election day, send to the
eligible elector at the address indicated in the registration records and to the
eligible elector's electronic mail address if available a letter explaining the
discrepancy in signatures and a form for the eligible elector to confirm that
the elector returned a ballot to the county clerk and recorder; EXCEPT THAT,
IF THE COUNTY CLERK AND RECORDER FAILS TO SEND THE LETTER AND FORM
REQUIRED BY THIS SUBSECTION (2)(a) WITHIN TWO DAYS AFTER THE
ELECTION, THE COUNTY CLERK AND RECORDER MUST SEND THE LETTER AND
FORM TO THE ELIGIBLE ELECTOR BY OVERNIGHT MAIL OR HAND DELIVERY,
OR BY THE MOST EXPEDIENT METHOD AVAILABLE FOR OVERSEAS AND
MILITARY VOTERS. If the county clerk and recorder receives the form within
eight days after election day confirming that the elector returned a ballot to
the county clerk and recorder and enclosing a copy of the elector's
identification as defined in section 1-1-104 ( 19 .5), and if the ballot is
PAGE 40-HOUSE BILL 26-1113
otherwise valid, the ballot shall be counted. If the eligible elector returns the
form indicating that the elector did not return a ballot to the county clerk
and recorder, or if the eligible elector does not return the form within eight
days after election day, the self-affirmation on the return envelope shall be
categorized as incorrect, the ballot shall not be counted, and the county
clerk and recorder shall send copies of the eligible elector's signature on the
return envelope and the signature stored in the statewide voter registration
system to the district attorney for investigation.
SECTION 54. In Colorado Revised Statutes, 1-7.5-113.5, amend
(4)(a)(I) as follows:
1-7.5-113.5. Voting at county jails or detention centers -
definition.
(4) (a) (I) For a general election, the sheriffs designee shall
coordinate with the county clerk and recorder to provide, at a minimum, one
day of in-person voting for confined eligible electors at the county jail or
detention center. The in-person voting must be open fot at least six homs
and be held on any day between the fifteenth day before election day and
the fomth SECOND day before election day AND MUST BE OPEN FOR A
MINIMUM NUMBER OF HOURS BASED ON THE NUMBER OF BEDS AVAILABLE IN
THE COUNTY JAIL OR DETENTION CENTER AS FOLLOWS:
(A) SIX HOURS FOR ONE HUNDRED OR MORE BEDS;
(B) FOUR HOURS FOR FIFTY OR MORE BUT FEWER THAN ONE
HUNDRED BEDS; AND
(C) THREE HOURS FOR ONE OR MORE BUT FEWER THAN FIFTY BEDS.
SECTION 55. In Colorado Revised Statutes, repeal and reenact,
with amendments, 1-9-101 as follows:
1-9-101. Challenge of incorrect registration.
( 1) ( a) ANY REGISTERED ELECTOR MAY PROTEST THE REGISTRATION
OF ANY PERSON WHOSE NAME APPEARS IN A COUNTY REGISTRATION RECORD
FOR THE COUNTY IN WHICH THE CHALLENGING ELECTOR RESIDES. A PROTEST
MAY CHALLENGE A PERSON'S REGISTRATION AS INCORRECT BECAUSE THE
PERSON IS:
PAGE 41-HOUSE BILL 26-1113
(I) NOT A CITIZEN OF THE UNITED STATES;
(II) NOT AT LEAST FIFTEEN YEARS OLD;
(III) DECEASED; OR
(IV) NO LONGER A RESIDENT OF THE STATE, BUT HAS NOT YET BEEN
MARKED "INACTIVE" IN THE VOTER REGISTRATION RECORD.
(b) A PROTEST MUST BE SUBMITTED FOR EACH PERSON WHOSE
REGISTRATION IS BEING CHALLENGED. THE PROTEST MUST BE MADE IN
WRITING ON A FORM PRESCRIBED BY THE SECRETARY OF STATE AND MUST
INCLUDE:
(I) THE NAME OF THE PERSON WHOSE REGISTRATION IS CHALLENGED;
(II) THE BASIS FOR THE CHALLENGE, INCLUDING SUPPORTING FACTS;
(III) ALL DOCUMENTARY EVIDENCE SUPPORTING THE FACTUAL BASIS
FOR THE CHALLENGE; AND
(IV) THE SIGNATURE AND ADDRESS OF THE CHALLENGER.
( c) A PROTEST MUST BE FILED WITH THE COUNTY CLERK AND
RECORDER OF THE COUNTY WHERE THE CHALLENGED REGISTRATION RECORD
RESIDES NO LATER THAN ONE HUNDRED TWENTY DAYS BEFORE ANY
ELECTION CONDUCTED BY THAT COUNTY CLERK AND RECORDER. A PROTEST
FEE OF FIFTY DOLLARS MUST BE PAID TO THE COUNTY CLERK AND RECORDER
RESPONSIBLE FOR ADJUDICATING THE CHALLENGE AT THE TIME THAT A
PROTEST IS SUBMITTED. A FEE PAYMENT IS REQUIRED FOR EACH WRITTEN
PROTEST. IF A PROTEST IS SUCCESSFUL, THE PROTEST FEE MUST BE REFUNDED
TO THE CHALLENGER.
( d) UPON RECEIPT OF A PROTEST, A COUNTY CLERK AND RECORDER
SHALL REVIEW THE PROTEST TO DETERMINE IF IT SUFFICIENTLY ALLEGES A
BASIS FOR A CHALLENGE IN ACCORDANCE WITH SUBSECTION (l)(a) OF THIS
SECTION. IF A PROTEST DOES NOT ALLEGE A SUFFICIENT BASIS FOR A
CHALLENGE PURSUANT TO THIS SECTION, THE COUNTY CLERK AND
RECORDER SHALL DISMISS THE CHALLENGE AND NOTIFY THE CHALLENGER
OF THE DISMISSAL. IF A PROTEST SUFFICIENTLY ALLEGES A BASIS FOR A
PAGE 42-HOUSE BILL 26-1113
CHALLENGE PURSUANT TO THIS SECTION, THE COUNTY CLERK AND
RECORDER SHALL NOTIFY AND MAIL A COPY OF THE CHALLENGE TO THE
PERSON WHOSE REGISTRATION IS BEING CHALLENGED. THE COUNTY CLERK
AND RECORDER SHALL NOTIFY THE PERSON WHOSE REGISTRATION IS BEING
CHALLENGED AND THE CHALLENGER OF THE DATE, TIME, AND LOCATION SET
FOR THE CHALLENGE HEARING REQUIRED BY SUBSECTION (l)(e) OF THIS
SECTION.
( e) IF A COUNTY CLERK AND RECORDER DETERMINES THAT A
PROTEST SUFFICIENTLY ALLEGES A BASIS FOR A CHALLENGE PURSUANT TO
THIS SECTION, THEN THE COUNTY CLERK AND RECORDER MUST SET A
HEARING DATE THAT IS NO LATER THAN THIRTY DAYS FROM THE DATE THE
PROTEST WAS FILED AND MUST PROVIDE NOTICE IN ACCORDANCE WITH
SUBSECTION (l)(d) OF THIS SECTION. THE CHALLENGER WHO SUBMITTED THE
PROTEST MUST APPEAR AT THE HEARING AND SHALL BEAR THE BURDEN OF
PROVING THE ALLEGATIONS MADE IN THE PROTEST ARE TRUE. THE PERSON
WHOSE REGISTRATION IS BEING CHALLENGED MUST HA VE THE OPPORTUNITY
TO APPEAR AT THE HEARING, BUT MAY NOT BE PENALIZED OR SUBJECT TO A
NEGATIVE PRESUMPTION OR INFERENCE IF THEY DO NOT APPEAR. THE
COUNTY CLERK AND RECORDER SHALL CONDUCT THE HEARING AND MAY
RECEIVE EVIDENCE AND HEAR TESTIMONY. NO LATER THAN FIVE DAYS
AFTER THE DATE OF THE HEARING, BUT IN NO EVENT LATER THAN NINETY
DAYS BEFORE AN ELECTION CONDUCTED BY THE COUNTY CLERK AND
RECORDER, THE COUNTY CLERK AND RECORDER MUST RENDER A DECISION
IN ACCORDANCE WITH SUBSECTION ( 1 )( f) OF THIS SECTION AND NOTIFY BOTH
PARTIES OF THE DECISION.
(f) IN RENDERING A DECISION AFTER THE HEARING ON A PROTEST, A
COUNTY CLERK AND RECORDER MUST PROCEED AS FOLLOWS:
(I) IF THEY FIND SUFFICIENT EVIDENCE TO SUPPORT THE
ALLEGATIONS IN THE PROTEST, AND THE BASIS OF THE CHALLENGE IS THAT
THE PERSON IS DECEASED, LESS THAN FIFTEEN YEARS OLD, OR NOT A CITIZEN
OF THE UNITED STATES, THE COUNTY CLERK AND RECORDER SHALL CANCEL
THE PERSON'S VOTER REGISTRATION RECORD IN THE ST A TE WIDE VOTER
REGISTRATION SYSTEM;
(II) IF THEY FIND SUFFICIENT EVIDENCE TO SUPPORT THE
ALLEGATIONS IN THE PROTEST, AND THE BASIS FOR THE CHALLENGE IS THAT
THE PERSON IS NOT A RESIDENT OF THE ST A TE, THE COUNTY CLERK AND
PAGE 43-HOUSE BILL 26-1113
RECORDER SHALL MARK THE PERSON'S VOTER REGISTRATION RECORD
"INACTIVE", SEND A CONFIRMATION CARD, AND OTHERWISE FOLLOW THE
REQUIREMENTS OF SECTION 1-2-302.5; OR
(Ill) IF THEY DO NOT FIND SUFFICIENT EVIDENCE TO SUPPORT THE
ALLEGATIONS IN THE PROTEST, THE COUNTY CLERK AND RECORDER SHALL
DENY THE CHALLENGE.
(2) ALL APPEALS FROM A DECISION OF THE COUNTY CLERK AND
RECORDER MUST BE TO THE DISTRICT COURT AND FILED WITHIN THREE DAYS
FROM THE DATE THE DECISION IS ISSUED. AN APPELLANT MUST FILE IN THE
DISTRICT COURT A VERIFIED PETITION SElTING FORTH THE FACTS PRESENTED
AT THE HEARING, IF ANY, THE DECISION OF THE COUNTY CLERK AND
RECORDER, AND THE BASIS FOR THE APPEAL. WITHIN TWENTY-FOUR HOURS,
THE CLERK OF THE DISTRICT COURT MUST MAIL TO THE OTHER PARTY A
NOTICE OF THE APPEAL, INCLUDING THE TIME OF ANY HEARING. A HEARING
MUST BE HELD NO LESS THAN THREE DAYS NOR MORE THAN FIVE DAYS AFTER
THE DATE THE VERIFIED PETITION IS FILED.
(3) (a) A DISTRICT COURT MUST HEAR TESTIMONY AND OTHER
EVIDENCE AND INVESTIGATE SUMMARILY ANY APPEAL FILED PURSUANT TO
SUBSECTION (2) OF THIS SECTION. ONLY COMPETENT LEGAL EVIDENCE MAY
BE RECEIVED AT THE HEARING OR CONSIDERED BY THE COURT . NO
PRESUMPTION MAY BE MADE AGAINST A PERSON WHOSE REGISTRATION IS
CHALLENGED MERELY BECAUSE OF THEIR FAIL URE TO ATTEND THE HEARING.
THE COURT HAS THE POWER TO SUBPOENA ANY PERSON AS A WITNESS AND
TO MAKE ANY NECESSARY INVESTIGATION TO ASCERTAIN THE TRUTH OF ANY
CHARGES MADE IN THE PETITION, IF THE METHOD OF INVESTIGATION DOES
NOT CAUSE UNNECESSARY DELAY OR INTERFERE WITH THE FINAL
DISPOSITION OF THE PROTEST WITHIN THE TIME PROVIDED IN THIS SECTION.
A HEARING ON ANY PETITION IS SUMMARY AND FINAL AND IS NOT SUBJECT
TO DELAY.
(b) AT THE CLOSE OF THE HEARING, THE COURT MUST ANNOUNCE IF
THE PROTEST HAS BEEN SUSTAINED. IF THE PROTEST IS SUSTAINED, THE
COURT SHALL ORDER THE APPROPRIATE REMEDY IN ACCORDANCE WITH
SUBSECTION (l)(f) OF THIS SECTION. THE COURT SHALL DIRECT THE CLERK
OF THE COURT TO CERTIFY THE NAME OF THE PERSON WHOSE REGISTRATION
IS CHALLENGED AND THE REMEDY TO THE COUNTY CLERK AND RECORDER.
UPON RECEIPT OF THE NAME AND REMEDY, THE COUNTY CLERK AND
PAGE 44-HOUSE BILL 26-1113
RECORDER SHALL TAKE THE ACTION REQUIRED BY THE COURT. THE DECISION
OF THE COURT IS FINAL AND NOT SUBJECT TO REVIEW BY ANY OTHER COURT;
EXCEPT THAT THE SUPREME COURT, IN ITS DISCRETION, MAY REVIEW ANY
SUCH PROCEEDINGS IN A SUMMARY WAY.
SECTION 56. In Colorado Revised Statutes, 1-12-108, amend
(S)(c) as follows:
1-12-108. Petition requirements - approval as to form -
determination of sufficiency -protest -offenses.
(5) (c) Unless physically unable, all electors shall sign their own
signature and shall print their names, respective residence addresses,
including the street number and name, the city or town, the county, and the
date of signature. Each signature on a petition must be made, to the extent
possible, using a pen. If, while verifying a signer's information against the
registration records in accordance with subsection (8) of this section, the
designated election official finds that the signer provided his or her THEIR
mailing address rather than his or her THEIR residence address, the
designated election official may accept the signature line as valid if the
designated election official is able to locate the signer's record in the
statewide voter registration database and determines that the signer was
eligible to sign the petition.
SECTION 57. In Colorado Revised Statutes, 1-12-114, amend
(2)(b) as follows:
1-12-114. Mail ballots -plan required -voter service and polling
centers -number required -definition.
(2) Notwithstanding any provision of this code:
(b) Not earlier than the twenty-second TWENTY-NINTH day or later
than the eighteenth TWENTY-FIFTH day before the election, the designated
election official shall mail ballots to all active registered electors.
SECTION 58. In Colorado Revised Statutes, 1-12-201, amend (1)
as follows:
1-12-201. Vacancies in office of United States senator.
PAGE 45-HOUSE BILL 26-1113
(1) When a vacancy occurs in the office of United States senator
from this THE state, the governor shall make a temporary appointment to fill
the vacancy until it is filled by election. THE GOVERNOR SHALL APPOINT A
PERSON WHO IS A MEMBER OF THE SAME POLITICAL PARTY AS THE FORMER
UNITED STATES SENATOR.
SECTION 59. In Colorado Revised Statutes, amend 1-12-205 as
follows:
1-12-205. Vacancies in county offices.
All vacancies in any county office, except that of county
commissioner, shall be filled by appointment by the board of county
commissioners of the county in which the vacancy occurs. until the next
geneial election, at which time the vacancy shall be filled by election THE
APPOINTED OFFICIAL SHALL SERVE IN THE COUNTY OFFICE UNTIL THE NEXT
REGULARLY SCHEDULED GENERAL ELECTION, AT WHICH TIME THE
REMAINDER OF THE VA CANT TERM, IF ANY, SHALL BE FILLED BY ELECTION.
SECTION 60. In Colorado Revised Statutes, amend 1-12-209 as
follows:
1-12-209. Terms of persons filling vacancies.
Except for appointments on nonpartisan boards, any officers elected
or appointed to fill vacancies as provided in this article shall qualify and
enter upon the duties of their offices immediately thereafter. If elected or
appointed, the officers shall hold the office during the unexpired term for
which they were elected and OR APPOINTED until their successors are
elected, qualified, and take office on the second Tuesday of January THE
NEXT REGULARLY SCHEDULED GENERAL ELECTION, OR FOR COUNTY
COMMISSIONER OR GENERAL ASSEMBLY VACANCIES, UNTIL THE NEXT
REGULARLY SCHEDULED COORDINATED OR GENERAL ELECTION, WHICHEVER
IS APPLICABLE, AT WHICH TIME THE REMAINDER OF THE VACANT TERM, IF
ANY, SHALL BE FILLED BY ELECTION, except as otherwise provided by law,
in accordance with section 1-1-201.
SECTION 61. In Colorado Revised Statutes, amend 1-13-711 as
follows:
PAGE 46-HOUSE BILL 26-1113
1-13-711. Interference with voter while voting.
Any person who interferes with any voter who is inside the
immediate voting area, WITHIN ONE HUNDRED FEET OF ANY BUILDING IN
WHICH A POLLING LOCATION OR DROP-OFF LOCATION IS LOCATED, OR WITHIN
ONE HUNDRED FEET OF A DROP BOX or is marking a ballot or operating a
voting device or electronic voting device at any election provided by law
upon conviction shall be punished as provided in section 1-13-111.
SECTION 62. In Colorado Revised Statutes, amend 1-13-713 as
follows:
1-13-713. Intimidation.
It is unlawful for any person directly or indirectly, by himself or
herself or by any other person in his or her behalf, to RECKLESSLY impede,
prevent, MAKE A CREDIBLE THREAT, MENACE, INTIMIDATE, or otherwise
interfere with the free exercise of the elective franchise of any elector,
INCLUDING ANY ELECTOR WHO IS DELIVERING NO MORE THAN TEN MAIL
BALLOTS TO A DROP BOX OR DROP-OFF-LOCATION DESIGNATED BY THE
COUNTY CLERK AND RECORDER OR DESIGNATED ELECTION OFFICIAL, or to
compel, induce, or prevail upon any elector either to give or refrain from
giving the elector's vote at any election provided by law or to give or refrain
from giving the elector's vote for any particular person or measure at any
such election. Each such offense is a class 1 misdemeanor.
SECTION 63. In Colorado Revised Statutes, 1-13-724, amend ( 4)
as follows:
1-13-724. Unlawfully carrying a firearm at a polling location or
drop box -exception -legislative declaration.
(4) This section does not apply to a peace officer, as described in
section 16-2.5-101, acting within the scope of the peace officer's authority
and in the performance of the peace officer's LAWFUL duties, EXCEPT AS
OTHERWISE PROVIDED IN SECTIONS 1-13-713 AND 1-13-726.
SECTION 64. In Colorado Revised Statutes, 1-13-725, amend
(l)(b) and (l)(c) as follows:
PAGE 47-HOUSE BILL 26-1113
1-13-725. False slate of presidential electors - penalties.
( 1) (b) A person who knowingly signs, files, transmits, or records
with the secretary of state, the archivist of the United States, the president
of the United States senate, the United States congress, or a Colorado
federal district court judge a list of presidential electors who voted for
candidates for president and vice president of the United States, OR THEIR
SUCCESSORS, who did not receive the highest number of votes in the state
at a general election at which the offices of president and vice president of
the United States were contested commits offering of a false instrument for
recording as set forth in section 18-5-114. If the interstate compact,
"Agreement Among the States to Elect the President by National Popular
Vote", described in part 40 of article 60 of title 24, is in effect and the state's
electoral votes are awarded to the winner of the national popular vote, the
provisions of this subsection ( 1 )(b) shall apply to individuals who sign, file,
transmit, or record a list of presidential electors who voted for candidates
for president and vice president of the United States, OR THEIR SUCCESSORS,
who the secretary of state did not designate as the national popular vote
wmner.
( c) A person who has not been elected as a presidential elector in a
general election and who knowingly votes as a presidential elector for
candidates for president and vice president of the United States, OR THEIR
SUCCESSORS, who did not receive the highest number of votes in the state
at a general election at which the offices of president and vice president of
the United States were contested, or who inputs information into a form,
certificate, or other paper or document required of presidential electors that
was not provided by the secretary of state pursuant to section 1-4-304,
commits forgery as set forth in section 18-5-102. If the interstate compact,
"Agreement Among the States to Elect the President by National Popular
Vote", described in part 40 of article 60 of title 24, is in effect and the state's
electoral votes are awarded to the winner of the national popular vote, the
provisions of this subsection ( 1 )( c) shall apply to a person who knowingly
votes as a presidential elector for candidates for president and vice president
of the United States, OR THEIR SUCCESSORS, who the secretary of state did
not designate as the national popular vote winner.
SECTION 65. In Colorado Revised Statutes, 1-13-726, amend (3)
introductory portion and (6)(b); and add (3)(b.5), (5)(e), and (5)(f) as
follows:
PAGE 48-HOUSE BILL 26-1113
1-13-726. Intimidation of voters or election officials - civil
enforcement -short title -definitions.
(3) Election-related intimidation prohibited. An individual,
whether acting under color of law or otherwise, shall not RECKLESSLY
intimidate, threaten MAKE A CREDIBLE THREAT, or coerce or attempt to
RECKLESSLY intimidate, th1eaten MAKE A CREDIBLE THREAT, or coerce,
DIRECTLY OR INDIRECTLY, any individual for any of the following:
(b.5) DELIVERING NO MORE THAN TEN MAIL BALLOTS TO A DROP BOX
OR DROP-OFF LOCATION DESIGNATED BY THE COUNTY CLERK AND RECORDER
OR DESIGNATED ELECTION OFFICIAL;
(5) Right to enforce.
( e) A DISTRICT COURT THAT HAS JURISDICTION OVER ANY SUIT
BROUGHT PURSUANT TO THIS SECTION MUST EXPEDITE CONSIDERATION OF
THE SUIT AND CONDUCT A FORTHWITH HEARING THEREON. A DISTRICT
COURT MAY ORDER SUCH EQUITABLE RELIEF AS IS WARRANTED BY THE
FACTS AND APPLICABLE LAW AND DO SO ON AN EMERGENCY BASIS IF
WARRANTED.
(f) IF, AT THE TIME OF FILING THE COMPLAINT, AN INDIVIDUAL
DEFENDANT CANNOT BE IDENTIFIED BY NAME BECAUSE THE INDIVIDUAL WAS
WEARING A MASK OR OTHER DISGUISE OR REFUSED TO PROVIDE IDENTIFYING
INFORMATION INCLUDING THE NAME OF THE INDIVIDUAL'S EMPLOYER,
WHETHER AN ORGANIZATION OR GOVERNMENT AGENCY, THE PLAINTIFF MAY
NAME THE UNKNOWN INDIVIDUAL AND THE INDIVIDUAL'S EMPLOYER AS
DEFENDANTS IN THE COMPLAINT FILED PURSUANT TO THIS SECTION.
(6) Relief.
(b) To prevail in a suit to enforce subsection (3) of this section, a
plaintiff is not required to prove that a defendant intended to intimidate,
threaten, or coerce any individual, except to prove an THAT A DEFENDANT'S
ACTS CONSTITUTED A RECKLESS attempt to, DIRECTL y OR INDIRECTL y'
intimidate, threaten, or coerce A PERSON IN VOTING OR TO REFRAIN FROM
VOTING OR IN DELIVERING NO MORE THAN TEN BALLOTS TO A DROP BOX OR
DROP-OFF LOCATION DESIGNATED BY A COUNTY CLERK OR DESIGNATED
ELECTION OFFICIAL. A court may nonetheless consider evidence of intent in
PAGE 49-HOUSE BILL 26-1113
determining the appropriate relief AND SHALL RETAIN JURISDICTION OVER
ANY A TI'EMPTS BY THE NAMED DEFENDANTS TO INTIMIDATE, THREATEN, OR
COERCE VOTING AT THE LOCATION OR LOCATIONS IDENTIFIED IN A SUIT
THROUGH THE DA TE OF THE RELEVANT ELECTION.
SECTION 66. In Colorado Revised Statutes, 1-40-111, amend
( I )(b) as follows:
1-40-111. Notice of circulation - signatures - affidavits -
notarization -list of circulators and notaries.
( 1) (b) Any initiative or referendum petition shall be signed only by
registered electors who are eligible to vote on the measure. Each registered
elector shall sign their own signature and shall print their name, the address
at which they reside, including the street number and name, the city and
town, the county, and the date of signing. The circulator of a petition shall
encourage each registered elector signing a petition to sign the petition in
ink. In the event a registered elector is a person with a physical disability or
is a person who is unable to read or write and the registered elector wishes
to sign the petition, the elector shall sign or make their mark in the space so
provided. Any person, other than a circulator, may assist the elector who has
a physical disability or who is unable to read or write in completing the
remaining information required by this subsection ( 1 ). The person providing
assistance shall sign their name and address and shall state that such
assistance was given to the elector who has a physical disability or who is
unable to read or write.
SECTION 67. In Colorado Revised Statutes, 1-40-116, amend (2)
as follows:
1-40-116. Validation -ballot issues -random sampling - rules.
(2) Upon submission of the petition, the secretary of state shall
examine each name and signature on the petition. The petition shall not be
available to the public FOR EXAMINATION for a period of no NOT more than
thirty SIXTY calendar days for-the examination; EXCEPT THAT, THE
EXAMINATION MUST BE COMPLETE NO LATER THAN SIXTY-TWO DAYS BEFORE
THE ELECTION AT WHICH THE PETITION ISSUE OR QUESTION WILL APPEAR ON
THE BALLOT. The secretary shall assure that the information required by
sections 1-40-110 and 1-40-111 is complete, that the information on each
PAGE 50-HOUSE BILL 26-1113
signature line was written by the person making the signature, and that no
signatures have been added to any sections of the petition after the affidavit
required by section 1-40-111 (2) has been executed.
SECTION 68. In Colorado Revised Statutes, 1-40-118, amend (1)
as follows:
1-40-118. Protest.
(1) A protest in writing, under oath, together with three copies
thereof, may be filed in the district court for the county in which the petition
has been filed by some registered elector, within fifteen days after the
secretary of state issues a statement as to whether the petition has a
sufficient number of valid signatures, which statement must be issued no
later than thirty SIXTY calendar days after the petition has been filed;
EXCEPT THAT, A STATEMENT MUST BE ISSUED NO LATER THAN SIXTY-TWO
DAYS BEFORE THE ELECTION AT WHICH THE PETITION ISSUE OR QUESTION
WILL APPEAR ON THE BALLOT. If the secretary of state fails to issue a
statement within thirty calendar days BY THE DEADLINE REQUIRED BY THIS
SECTION, the petition is deemed sufficient. Regardless of whether the
secretary of state has issued a statement of sufficiency or if the petition is
deemed sufficient because the secretary of state has failed to issue a
statement of sufficiency within thirty calendar days, no further agency
action is necessary for the district court to have jurisdiction to consider the
protest. During the period a petition is being examined by the secretary of
state for sufficiency, the petition shall not be available to the public; except
that such period must not exceed thirty calendar days THE DEADLINE
REQUIRED BY THIS SECTION. Immediately after the secretary of state issues
a statement of sufficiency or, if the petition is deemed sufficient because the
secretary of state has failed to issue the statement, after thirty calendar days
BY THE DEADLINE REQUIRED BY THIS SECTION, the secretary of state shall
make the petition available to the public for copying upon request.
SECTION 69. In Colorado Revised Statutes, 24-33.5-703, amend
(3) as follows:
24-33.5-703. Definitions.
As used in this part 7, unless the context otherwise requires:
PAGE 51-HOUSE BILL 26-1113
(3) (a) "Disaster" means the occurrence or imminent threat of
widespread or severe damage, injury, or loss of life or property resulting
from any natural cause or cause of human origin, including but not limited
to fire; flood; earthquake; wind; storm; wave action; hazardous substance
incident; oil spill or other water contamination requiring emergency action
to avert danger or damage; volcanic activity; epidemic; air pollution; blight;
drought; infestation; explosion; civil disturbance; hostile military or
paramilitary action; a market disruption, including a trade disruption or an
atypical disruption in the market that affects production, distribution, or
consumption of a product or service; or a condition of riot, insurrection, or
invasion existing in the state or in any county, city, town, or district in the
state.
(b) (I) "DISASTER" ALSO MEANS THE OCCURRENCE OR IMMINENT
THREAT OF THE INABILITY TO STRICTLY COMPLY WITH PROVISIONS OF THE
"UNIFORM ELECTION CODE OF 1992", ARTICLES 1 TO 13 OF TITLE 1, FROM
ANY NATURAL CAUSE OR CAUSE OF HUMAN ORIGIN.
(II) THIS SUBSECTION (3)(b) IS REPEALED, EFFECTIVE JANUARY 31,
2031.
SECTION 70. In Colorado Revised Statutes, 24-72-205.5, amend
( 4 )(b )(II) as follows:
24-72-205.5. Public inspection of ballots -stay period -recounts
-rules governing public inspection of ballots -legislative declaration -
definitions.
( 4) (b) In connection with the public inspection of the ballots to
which this section pertains:
(II) The designated election official, or his 01 he1 THE DESIGNATED
ELECTION OFFICIAL'S designee, shall cover or redact, based upon the most
practical means available, any markings or message on a ballot that may
identify the particular elector who cast the ballot before the ballot may be
made available for public inspection; EXCEPT THAT, ANY IDENTIFYING
MARKINGS OR MESSAGES VO LUNT ARIL Y MADE BY THE PARTICULAR ELECTOR
WHO CAST THE BALLOT ARE NOT REQUIRED TO BE COVERED OR REDACTED
PURSUANT TO THIS SUBSECTION ( 4 )(b )(II);
PAGE 52-HOUSE BILL 26-1113
SECTION 71. In Colorado Revised Statutes, 30-1-103, add (1.5)
as follows:
30-1-103. Fees of county clerk and recorders -report -repeal.
( 1.5) OATHS OR AFFIRMATIONS FOR PUBLIC OFFICE FILED WITH
COUNTY CLERK AND RECORDERS IN ACCORDANCE WITH SECTION 24-12-101
(3) ARE EXEMPT FROM ANY FEES UNDER THIS SECTION.
SECTION 72. Effective date. This act takes effect upon passage;
except that sections 1-7.5-107 (3)(a)(I) and 1-7.5-107 (3)(a)(II), Colorado
Revised Statutes, amended in section 52 of this act, take effectJuly 1, 2026.
SECTION 73. Appropriation. ( 1) For the 2026-27 state fiscal year,
$10,000 is appropriated to the department of state. This appropriation is
from the department of state cash fund created in section 24-21-104 (3 )(b ),
C.R.S. To implement this act, the division of information technology may
use this appropriation for personal services.
SECTION 74. 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 53-HOUSE BILL 26-1113
the support and maintenance of the departments of the state and state
institutions.
Jul~
SPEAKER OF THE HOUSE
OF REPRESENTATIVES
v~~
Vanessa Reilly
CHIEF CLERK OF THE HOUSE
OF REPRESENTATIVES
James Rashad Coleman, Sr.
PRESIDENT OF
THE SENATE
Est er van Mourik
SECRETARY OF
THE SENATE
APPROVED OY\ YhovJ~vf C!vhL I .t+ Zo2 ~ ~T I l ._ oo~
(bate and Time)
TATE OF COLORADO
PAGE 54-HOUSE BILL 26-1113