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Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 26-0723.01 Nicole Myers x4326 SENATE BILL 26-106
Senate Committees House Committees
State, Veterans, & Military Affairs
A BILL FOR AN ACT
CONCERNING A PROCESS BY WHICH A REGISTERED ELECTOR MAY101
CHOOSE NOT TO RECEIVE A MAIL BALLOT PACKET FOR102
ELECTIONS THAT THE COUNTY CLERK AND RECORDER103
CONDUCTS BY MAIL BALLOT.104
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill w ill be av ailable at
http://leg.colorado.gov.)
The bill requires the secretary of state (secretary) to adopt rules to
establish a process by which a registered elector may choose not to
automatically receive a mail ballot packet for all elections that the county
SENATE SPONSORSHIP
Zamora Wilson,
HOUSE SPONSORSHIP
(None),
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law.
clerk and recorder conducts by mail ballot on or after November 2, 2027.
The rules must include a process by which a registered elector who has
chosen not to receive mail ballots may choose to resume receipt of mail
ballots. The secretary is required to develop public-facing
communications explaining that choosing not to receive a mail ballot
packet is voluntary. A registered elector who has chosen not to receive a
mail ballot packet must either vote in person at a voter service and polling
center or request a mail ballot.
For each mail ballot election conducted by a county clerk and
recorder on or after November 2, 2027, each county clerk and recorder is
required to report to the secretary the number of registered electors in the
county who chose not to receive a mail ballot packet for the election and
the number of mail ballot packets that the county clerk and recorder did
not send as a result for that election. The secretary is required to use the
information submitted by each county clerk and recorder to determine the
reduction in the costs that each county incurred in conducting the election
and to make the information reported by the county clerk and recorders
and the savings determined by the secretary available to the public on the
secretary's website.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. Short title. The short title of this act is the "Save2
Money and Resources Through (SMART) Ballot Options Act".3
SECTION 2. Legislative declaration. (1) The general assembly4
finds and declares that:5
(a) Under current law, every active registered elector6
automatically receives a mail ballot for each election conducted under the7
"Uniform Election Code of 1992";8
(b) Many electors consistently vote in person at voter service and9
polling centers and do not use their automatically mailed ballot packets;10
(c) Counties incur significant costs by printing, assembling, and11
mailing unused ballot packets, including postage, materials, and vendor12
handling costs, which continue to rise annually due to increasing voter13
registration totals and increasing United States postal service rates;14
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(d) Allowing voters to voluntarily opt out of automatic mail ballot1
delivery respects individual voter preference while preserving all existing2
voting access options;3
(e) Allowing voluntary opt-out of mail ballot delivery reduces4
ballot waste, reduces undeliverable mail, enhances operational efficiency,5
and reduces both county and state costs, as section 1-5-505.5 requires the6
state to reimburse 45% of county election costs for state-certified7
elections; and8
(f) A voter-initiated opt-out of automatic mail ballot delivery must9
remain voluntary, transparent, reversible, and accessible, with no10
reduction in voting access or services available at voter service and11
polling centers.12
(2) The general assembly further finds and declares that it is in the13
public interest to allow electors to voluntarily opt out of automatic mail14
ballot delivery while maintaining in-person access to voting and15
safeguarding the ability to request a mail ballot at any time.16
SECTION 3. In Colorado Revised Statutes, add 1-7.5-104.3 as17
follows:18
1-7.5-104.3 Mail ballot elections - opt-out of mail ballot19
delivery. 20
(1) U SING THE PROCESS ESTABLISHED BY THE SECRETARY OF21
STATE PURSUANT TO SUBSECTION (2) OF THIS SECTION , A REGISTERED22
ELECTOR MAY CHOOSE NOT TO RECEIVE A MAIL BALLOT PACKET FOR ALL23
ELECTIONS THAT THE COUNTY CLERK AND RECORDER CONDUCTS BY MAIL24
BALLOT PURSUANT TO THIS ARTICLE 7.5.25
(2) BY MARCH 1, 2027, THE SECRETARY OF STATE SHALL ADOPT26
RULES IN ACCORDANCE WITH ARTICLE 4 OF TITLE 24 THAT ESTABLISH A27
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PROCESS BY WHICH A REGISTERED ELECTOR MAY CHOOSE , FOR ANY1
ELECTION CONDUCTED PURSUANT TO THIS CODE ON OR AFTER NOVEMBER2
2, 2027, NOT TO RECEIVE A MAIL BALLOT PACKET FOR ALL ELECTIONS3
THAT THE COUNTY CLERK AND RECORDER CONDUCTS BY MAIL PURSUANT4
TO THIS ARTICLE 7.5. THE RULES MUST INCLUDE:5
(a) A PROCESS BY WHICH A REGISTERED ELECTOR MAY CHOOSE6
NOT TO RECEIVE A MAIL BALLOT PACKET FOR ALL ELECTIONS THAT THE7
COUNTY CLERK AND RECORDER CONDUCTS BY MAIL, INCLUDING OPTIONS8
TO MAKE SUCH CHOICE ONLINE , IN PERSON , OR BY A PAPER FORM THAT9
MAY BE DELIVERED BY MAIL OR ELECTRONIC TRANSMISSION;10
(b) A PROCESS BY WHICH A REGISTERED ELECTOR MAY CHOOSE TO11
RESUME RECEIPT OF A MAIL BALLOT PACKET FOR ALL ELECTIONS THAT THE12
COUNTY CLERK AND RECORDER CONDUCTS BY MAIL AFTER OPTING OUT OF13
SUCH RECEIPT , INCLUDING OPTIONS TO MAKE SUCH CHOICE ONLINE , IN14
PERSON, OR BY A PAPER FORM THAT MAY BE DELIVERED BY MAIL OR15
ELECTRONIC TRANSMISSION;16
(c) A DURABLE INDICATOR IN THE STATEWIDE VOTER17
REGISTRATION SYSTEM THAT A REGISTERED ELECTOR HAS CHOSEN NOT TO18
RECEIVE OR TO RESUME RECEIPT OF A MAIL BALLOT PACKET FOR ALL19
ELECTIONS THAT THE COUNTY CLERK AND RECORDER CONDUCTS BY MAIL;20
(d) T HE TIMING AND DEADLINES FOR A COUNTY CLERK AND21
RECORDER TO UPDATE THE COUNTY 'S BALLOT -PRINTING SUPPRESSION22
FILES WHEN A REGISTERED ELECTOR HAS CHOSEN NOT TO RECEIVE A MAIL23
BALLOT PACKET PURSUANT TO SUBSECTION (2)(a) OF THIS SECTION OR HAS24
CHOSEN TO RESUME RECEIPT OF A MAIL BALLOT PACKET , AFTER OPTING25
OUT OF SUCH RECEIPT, PURSUANT TO SUBSECTION (2)(b) OF THIS SECTION;26
AND27
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(e) THE TIMING AND DEADLINES FOR A REGISTERED ELECTOR TO1
CHOOSE NOT TO RECEIVE A MAIL BALLOT PACKET PURSUANT TO2
SUBSECTION (2)(a) OF THIS SECTION OR TO CHOOSE TO RESUME RECEIPT OF3
A MAIL BALLOT PACKET, AFTER OPTING OUT OF SUCH RECEIPT, PURSUANT4
TO SUBSECTION (2)(b) OF THIS SECTION.5
(3) T HE SECRETARY OF STATE SHALL DEVELOP PUBLIC -FACING6
COMMUNICATIONS TO EXPLAIN THE VOLUNTARY NATURE OF CHOOSING7
NOT TO RECEIVE A MAIL BALLOT PACKET FOR ALL ELECTIONS THAT THE8
COUNTY CLERK AND RECORDER CONDUCTS BY MAIL PURSUANT TO THIS9
ARTICLE 7.5.10
(4) A REGISTERED ELECTOR WHO HAS CHOSEN NOT TO RECEIVE A11
MAIL BALLOT PACKET FOR ALL ELECTIONS THAT THE COUNTY CLERK AND12
RECORDER CONDUCTS BY MAIL PURS UANT TO THIS ARTICLE 7.5 MAY13
REQUEST A MAIL BALLOT FOR ANY ELECTION PURSUANT TO SECTION14
1-7.5-114.7.15
SECTION 4. In Colorado Revised Statutes, 1-7.5-107, amend16
(3)(a)(I) as follows:17
1-7.5-107. Procedures for conducting mail ballot election -18
primary elections - first-time voters casting a mail ballot after having19
registered by mail to vote - in-person request for ballot - return20
envelope requirements.21
(3) (a) (I) (A) E XCEPT AS OTHERWISE PROVIDED IN SUBSECTION22
(3)(a)(I)(B) OF THIS SECTION, not sooner than twenty-two days before a23
general, primary, or other mail ballot election, and no later than eighteen24
days before the election, the county clerk and recorder or designated25
election official shall mail to each active registered elector, at the last26
mailing address appearing in the registration records and in accordance27
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with United States postal service regulations, a mail ballot packet, which1
must be marked "DO NOT FORWARD. ADDRESS CORRECTION2
REQUESTED.", or any other similar statement that is in accordance with3
United States postal service regulations. Nothing in this subsection (3)4
affects any provision of this code governing the delivery of mail ballots5
to an absent uniformed services elector, nonresident overseas elector, or6
resident overseas elector covered by the federal "Uniformed and Overseas7
Citizens Absentee Voting Act", 52 U.S.C. sec. 20301 et seq.8
(B) THE COUNTY CLERK AND RECORDER OR DESIGNATED ELECTION9
OFFICIAL SHALL NOT MAIL A MAIL BALLOT PACKET TO ANY REGISTERED10
ELECTOR WHO HAS CHOSEN , USING THE PROCESS ESTABLISHED BY THE11
SECRETARY OF STATE PURSUANT TO SECTION 1-7.5-104.3 (2), NOT TO12
RECEIVE A MAIL BALLOT PACKET FOR ALL ELECTIONS THAT THE COUNTY13
CLERK AND RECORDER CONDUCTS BY MAIL PURSUANT TO THIS ARTICLE14
7.5. AN ELECTOR WHO CHOOSES NOT TO RECEIVE A MAIL BALLOT PACKET15
RETAINS THE RIGHT TO VOTE IN PERSON AT ANY VOTER SERVICE AND16
POLLING CENTER AND TO REQUEST A MAIL BALLOT FOR ANY ELECTION17
PURSUANT TO SECTION 1-7.5-114.7.18
SECTION 5. In Colorado Revised Statutes, add 1-7.5-114.7 as19
follows:20
1-7.5-114.7. Mail ballots for electors after opting out of mail21
ballots.22
A REGISTERED ELECTOR WHO HAS CHOSEN, USING THE PROCESS23
ESTABLISHED BY THE SECRETARY OF STATE PURSUANT TO SECTION24
1-7.5-104.3 (2), NOT TO RECEIVE A MAIL BALLOT PACKET FOR ALL25
ELECTIONS THAT THE COUNTY CLERK AND RECORDER CONDUCTS BY MAIL26
PURSUANT TO THIS ARTICLE 7.5 MAY OBTAIN A MAIL BALLOT BY MAIL FOR27
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ANY ELECTION. TO OBTAIN A MAIL BALLOT BY MAIL, THE ELECTOR MUST1
MAKE A REQUEST TO THE COUNTY CLERK AND RECORDER FOR A MAIL2
BALLOT NO LATER THAN THE EIGHTH DAY BEFORE AN ELECTION . THE3
COUNTY CLERK AND RECORDER SHALL ENSURE THAT THE STATEWIDE4
VOTER REGISTRATION SYSTEM IS UPDATED TO REFLECT THAT THE5
REGISTERED ELECTOR REQUESTED A MAIL BALLOT BY MAIL AND THAT THE6
COUNTY CLERK AND RECORDER MAILED A MAIL BALLOT TO THE7
REGISTERED ELECTOR WHO MADE THE REQUEST.8
SECTION 6. In Colorado Revised Statutes, 1-5-102.9, add (7)9
as follows:10
1-5-102.9. Voter service and polling centers - number required11
- services provided - drop-off locations - definition.12
(7) A REGISTERED ELECTOR WHO HAS CHOSEN NOT TO RECEIVE A13
MAIL BALLOT PACKET FOR ALL ELECTIONS USING THE PROCESS14
ESTABLISHED BY THE SECRETARY OF STATE PURSUANT TO SECTION15
1-7.5-104.3 (2) MUST VOTE IN PERSON AT A VOTER SERVICE AND POLLING16
CENTER OR REQUEST A MAIL BALLOT PURSUANT TO SECTION 1-7.5-114.7.17
ALL VOTER SERVICE AND POLLING CENTER SERVICES , INCLUDING18
REGISTRATION UPDATES, BALLOT REPLACEMENT, AND ACCESSIBLE VOTING19
SERVICES, ARE AVAILABLE TO ACTIVE REGISTERED ELECTORS WHO HAVE20
CHOSEN NOT TO RECEIVE A MAIL BALLOT PACKET.21
SECTION 7. In Colorado Revised Statutes, 1-5-505.5, add (3)22
as follows:23
1-5-505.5. State reimbursement to counties for elections with24
state certified ballot content - reporting.25
(3) (a) FOR EACH GENERAL, PRIMARY, ODD-YEAR, COORDINATED,26
RECALL, AND CONGRESSIONAL VACANCY ELECTION THAT IS CONDUCTED27
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ON OR AFTER NOVEMBER 2, 2027, AND THAT THE COUNTY CLERK AND1
RECORDER CONDUCTS BY MAIL PURSUANT TO ARTICLE 7.5 OF THIS TITLE2
1, EACH COUNTY CLERK AND RECORDER SHALL REPORT TO THE SECRETARY3
OF STATE THE NUMBER OF REGISTERED ELECTORS IN THE COUNTY WHO4
CHOSE, USING THE PROCESS ESTABLISHED BY THE SECRETARY OF STATE5
PURSUANT TO SECTION 1-7.5-104.3 (2), NOT TO RECEIVE A MAIL BALLOT6
PACKET FOR THE ELECTION AND THE NUMBER OF MAIL BALLOT PACKETS7
THAT THE COUNTY CLERK AND RECORDER DID NOT MAIL FOR THAT8
ELECTION AS A RESULT OF SUCH ELECTORS CHOOSING NOT TO RECEIVE A9
MAIL BALLOT PACKET . EACH COUNTY CLERK AND RECORDER SHALL10
REPORT THE INFORMATION REQUIRED IN THIS SUBSECTION (3)(a) IN A FORM11
AND MANNER DETERMINED BY THE SECRETARY OF STATE.12
(b) T HE SECRETARY OF STATE SHALL USE THE INFORMATION13
REPORTED BY COUNTY CLERK AND RECORDERS PURSUANT TO SUBSECTION14
(3)(a) OF THIS SECTION TO DOCUMENT REDUCTIONS IN THE COSTS THAT15
THE COUNTY INCURRED IN CONDUCTING THE ELECTION AND THAT THE16
STATE REIMBURSES PURSUANT TO SUBSECTION (1) OF THIS SECTION.17
(c) T HE SECRETARY OF STATE SHALL MAKE THE INFORMATION18
REPORTED AND DOCUMENTED PURSUANT TO THIS SUBSECTION (3)19
AVAILABLE TO THE PUBLIC ON THE SECRETARY OF STATE'S WEBSITE.20
SECTION 8. In Colorado Revised Statutes, 1-5-907, amend (4)21
as follows:22
1-5-907. In-person minority language ballot - county clerk -23
voter service and polling centers.24
(4) The county clerk shall notify all electors via the mail ballot25
packet and in each language in wh ich the in-person minority language26
ballot option will be available that electors may request an in-person27
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minority language ballot in the applicable language at any voter service1
and polling center in the county. 2
SECTION 9. In Colorado Revised Statutes, 1-12-114, amend3
(2)(b) as follows:4
1-12-114. Mail ballots - plan required - voter service and5
polling centers - number required - definition.6
(2) Notwithstanding any provision of this code:7
(b) Not earlier than the twenty-second day or later than the8
eighteenth day before the election, the designated election official shall9
mail ballots to all active registered electors; EXCEPT THAT THE10
DESIGNATED ELECTION OFFICIAL SHALL NOT MAIL BALLOTS TO ACTIVE11
REGISTERED ELECTORS WHO HAVE CHOSEN NOT TO RECEIVE A MAIL12
BALLOT PACKET PURSUANT TO SECTION 1-7.5-104.3.13
SECTION 10. Safety clause. The general assembly finds,14
determines, and declares that this act is necessary for the immediate15
preservation of the public peace, health, or safety or for appropriations for16
the support and maintenance of the departments of the state and state17
institutions.18
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