| Second Regular Session Sixty-fourth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 04-0296.01 Bob Lackner SENATE BILL 04-031 SENATE SPONSORSHIP Keller, and Hillman HOUSE SPONSORSHIP Berry, and Jahn Senate Committees State Veterans & Military Affairs House Committees A BILL FOR AN ACT 101 102 103 CONCERNING THE ELECTION OFFENSE OF MAKING FALSE STATEMENTS DESIGNED TO AFFECT THE vote AS PROSCRIBED BY SECTION 1-13-109, COLORADO REVISED STATUTES. Bill Summary (Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.) Expands the existing election offense governing false statements, which currently proscribes certain conduct performed "knowingly", to prohibit any person from "recklessly" making, publishing, broadcasting, or circulating or causing to make, publish, broadcast, or circulate in any form of com |
| STATUTES. Bill Summary (Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.) Expands the existing election offense governing false statements, which currently proscribes certain conduct performed "knowingly", to prohibit any person from "recklessly" making, publishing, broadcasting, or circulating or causing to make, publish, broadcast, or circulate in any form of communication any false statement designed to affect the vote on any issue submitted to the electors at any election or relating to any candidate for election to public office. Specifies that, for purposes of the Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. Capital letters indicate new material to be added to existing statute. Dashes through the words indicate deletions from existing statute. act, a person acts recklessly when he or she acts in conscious disregard of the truth or falsity of the statement made, published, broad |
| 4 15 16 17 Be it enacted by the General Assembly of the State of Colorado: SECTION 1. 1-13-109, Colorado Revised Statutes, is amended to read: 1-13-109. False statements relating to candidates or questions submitted to electors - penalties. (1) (a) No person shall knowingly make, publish, BROADCAST, or circulate or cause to be made, published, BROADCASTED, or circulated in any letter, circular, advertisement, or COMMUNICATION poster or in any other writing any false statement designed to affect the vote on any issue submitted to the electors at any election or relating to any candidate for election to public office. (2) (b) Any person who knowingly violates any provision of PARAGRAPH (a) OF this section SUBSECTION (1) commits a class 2 CLASS 1 misdemeanor and, upon conviction thereof, shall be punished as provided in section 18-1.3-501, C.R.S. (2) (a) NO PERSON SHALL RECKLESSLY MAKE, PUBLISH, BROADCAST, OR CIRCULATE OR CAUSE TO BE MADE, PUBLISHED, B R O AD C AS T E D , OR CIRCULATED IN ANY LETTER, |
| H (a) OF this section SUBSECTION (1) commits a class 2 CLASS 1 misdemeanor and, upon conviction thereof, shall be punished as provided in section 18-1.3-501, C.R.S. (2) (a) NO PERSON SHALL RECKLESSLY MAKE, PUBLISH, BROADCAST, OR CIRCULATE OR CAUSE TO BE MADE, PUBLISHED, B R O AD C AS T E D , OR CIRCULATED IN ANY LETTER, CIRCULAR, -2- SB04-031 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ADVERTISEMENT, OR POSTER OR IN ANY OTHER COMMUNICATION ANY FALSE STATEMENT DESIGNED TO AFFECT THE vote ON ANY ISSUE SUBMITTED TO THE ELECTORS AT ANY ELECTION OR RELATING TO ANY CANDIDATE FOR ELECTION TO PUBLIC OFFICE. NOTWITHSTANDING ANY (2), A OTHER PROVISION OF LAW, FOR PURPOSES OF THIS SUBSECTION PERSON ACTS "RECKLESSLY" WHEN HE OR SHE ACTS IN CONSCIOUS DISREGAR D OF THE TRUTH OR FALSITY OF THE STATEMENT MADE, PUBLISHED, BROADCASTED, OR CIRCULATED. (b) ANY PERSON WHO VIOLATES ANY PROVISION OF PARAGRAPH (a) OF THIS SUBSECTION (2) COMMITS A CLASS 2 MISDEMEANOR AND, UPON CONVICTION THEREOF, SHAL |
| Gordon, HOUSE SPONSORSHIP (None), Senate Committees State Veterans & Military Affairs House Committees A BILL FOR AN ACT 101 102 103 104 CONCERNING THE ELIGIBILITY OF UNAFFILIATED ELECTORS TO CAST BALLOTS FOR CANDIDATES OF A POLITICAL PARTY IN PRIMARY ELECTIONS WITHOUT DECLARING AN AFFILIATION WITH A POLITICAL PARTY. Bill Summary (Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.) States that no person eligible to vote in any election shall be required to declare his or her affiliation with a political party as a condition of voting in a primary election. Allows any registered elector who desires to vote for candidates of a political party that is participating in a primary election but who does not elect to declare an affiliation with Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. Capital letters indicate new material to be added to existing statute. Dashes through the words in |
| hrough the words indicate deletions from existing statute. that or any other political party to be given a primary election ballot of the political party designated by the elector where the elector's name is found on the registration list. Requires the elector to provide sufficient identification and write his or her name, address, and the name of the political party for which the elector desires to cast a ballot on a form available at the polling place. Specifies that no elector shall be entitled to vote in more than one primary election held on the same day. Prohibits an elector who has declared an affiliation with one political party from obtaining the party ballot of another political party or otherwise voting for candidates of another political party in a primary election. Makes conforming amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Be it enacted by the General Assembly of the State of Colorado: SECTION 1. 1-7-201 (1) and (2), Colorado Revised Statutes, are amended, and the said 1 |
| from obtaining the party ballot of another political party or otherwise voting for candidates of another political party in a primary election. Makes conforming amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Be it enacted by the General Assembly of the State of Colorado: SECTION 1. 1-7-201 (1) and (2), Colorado Revised Statutes, are amended, and the said 1-7-201 is further amended BY THE ADDITION OF A NEW SUBSECTION, to read: 1-7-201. Voting at primary election. (1) NO PERSON ELIGIBLE TO vote IN ANY ELECTION SHALL BE REQUIRED TO DECLARE HIS OR HER AFFILIATION WITH A POLITICAL PARTY AS A CONDITION OF VOTING IN A PRIMARY ELECTION. Any registered elector who has declared an affiliation with a political party that is participating in a primary election and who desires to vote for candidates of that party at a primary election shall show identification, as defined in section 1-1-104 (19.5), and write his or her name and address on a form available at the polling place and give the form |
| lector's name and present the elector with the party ballot of the political party affiliation last recorded. If THE ELECTOR IS unaffiliated BUT WISHES TO -2- SB04-043 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 DECLARE AN AFFILIATION WITH A POLITICAL PARTY AT THE POLLING PLACE IN A PRIMARY ELECTION, the eligible elector shall openly declare to the election judges the name of the political party with which the elector wishes to affiliate, complete the approved form for voter registration information changes, and initial the registration list in the space provided. Declaration of affiliation with a political party shall be separately dated and signed or dated and initialed by the eligible elector in such manner that the elector clearly acknowledges that the affiliation has been properly recorded. Thereupon, the election judges shall deliver the appropriate party ballot to the eligible elector. Eligible electors who decline to state an affiliation with a political party tha |
| ration list in the space provided. Declaration of affiliation with a political party shall be separately dated and signed or dated and initialed by the eligible elector in such manner that the elector clearly acknowledges that the affiliation has been properly recorded. Thereupon, the election judges shall deliver the appropriate party ballot to the eligible elector. Eligible electors who decline to state an affiliation with a political party that is participating in the primary shall not be entitled to vote at the primary election. (2.5) (a) ANY REGISTERED ELECTOR WHO DESIRES TO vote FOR CANDIDATES OF A POLITICAL PARTY THAT IS PARTICIPATING IN A PRIMARY ELECTION BUT WHO DOES NOT ELECT TO DECLARE AN AFFILIATION WITH THAT OR ANY OTHER POLITICAL PARTY MAY CAST A PARTY BALLOT IN A PRIMAR Y ELECTION IN ACCORDANCE WITH THE REQUIREMENTS OF THIS SUB SEC TION (2.5). TO CAST A PARTY BALLOT IN A PRIMARY ELECTION, EACH SUCH ELECTOR SHALL SHOW IDENTIFICATION, AS DEFINED IN SECTION 1-1-104 (19.5), AND WRITE H |
| AVAILABLE AT THE POLLING PLACE AND GIVE THE FORM TO ONE OF THE ELECTION JUDGES, WHO SHALL CLEARLY AND AUDIBLY ANNOUNCE THE NAME. IF THE NAME IS FOUND ON THE REGISTRATION LIST, AN ELECTION JUDGE SHALL LIKEWISE REPEAT THE ELECTOR'S NAME AND PRESENT THE ELECTOR WITH THE PARTY BALLOT OF THE POLITICAL PARTY DESIGNATED BY THE ELECTOR. -3- SB04-043 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 (b) NOTWITHSTANDING ANY OTHER PROVISION OF LAW: (I) NO ELECTOR SHALL BE ENTITLED TO vote IN MORE THAN ONE PRIMARY ELECTION HELD ON THE SAME DAY; AND (II) NO ELECTOR WHO HAS DECLARED AN AFFILIATION WITH ONE POLITICAL PARTY SHALL BE PERMITTED TO OBTAIN THE PARTY BALLOT OF ANOTHER POLITICAL PARTY OR OTHERWISE vote FOR CANDIDATES OF ANOTHER POLITICAL PARTY IN A PRIMARY ELECTION. SECTION 2. 1-8-104 (1), Colorado Revised Statutes, is amended to read: 1-8-104. Applications for absentee ballot. (1) The application for an absentee ballot shall be made in writing or by fax, using the applic |
| and the requested change in affiliation status. A prescribed form shall be furnished by the county clerk and recorder upon the elector's oral or written request. Upon receiving the request, the county clerk and recorder shall change the elector's affiliation on the registration record. If the affiliation is withdrawn, the designation on the registration record shall be changed to "unaffiliated". EXCEPT AS PROVIDED IN SECTION 1-7-201 (2.5), if an elector changes affiliation, the elector is entitled to vote, at any primary election, only the ballot of the political party to which the elector is currently affiliated. A change or withdrawal of affiliation may not be made by anyone other than the elector. SECTION 4. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety. -5- SB04-043 |
| Second Regular Session Sixty-fourth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 04-0398.01 Bob Lackner SENATE BILL 04-084 SENATE SPONSORSHIP Windels, HOUSE SPONSORSHIP (None), Senate Committees State Veterans & Military Affairs House Committees A BILL FOR AN ACT 101 102 103 CONCERNING TECHNICAL MODIFICATIONS TO voteR IDENTIFICATION REQUIREMENTS IMPLEMENTING THE FEDERAL "HELP AMERICA vote ACT OF 2002". Bill Summary (Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.) Makes the following technical modifications to voter identification requirements implementing the federal "Help America vote Act of 2002": Clarifies that the form of driver's license sufficient to demonstrate the elector's identification for votin |
| tute. Dashes through the words indicate deletions from existing statute. license contain a photograph of the eligible elector. Allows as an additional form of acceptable identification for voting purposes a valid student identification card containing a photograph of the elector issued by any public or private college, university, or postgraduate technical or professional school located within the state of Colorado. In connection with the information that must be provided by an elector to register to vote in person, specifies that the elector shall provide the last 4 digits of the elector's social security number, a valid driver's license number, or a valid state-issued identification card number, rather than the applicable license number and the last 4 digits of the elector's social security number as is now required. Deletes an existing requirement that the elector specify whether he or she is a native-born or naturalized citizen of the United States in favor of asking the elector whether he or she is |
| ber, rather than the applicable license number and the last 4 digits of the elector's social security number as is now required. Deletes an existing requirement that the elector specify whether he or she is a native-born or naturalized citizen of the United States in favor of asking the elector whether he or she is a citizen. Substitutes the word "gender" for the word "sex" in the question asking for the elector's gender. In connection with information that must be submitted by an elector registering to vote by mail, expands the choice of the types of information to be submitted by him or her to include the identifying number assigned to the elector in connection with any of the various forms of identification allowable for voter identification purposes under existing law. In connection with requirements governing first-time voters casting a mail or absentee ballot after having registered by mail to vote, allows the elector to submit with his or her ballot either the identifying number |
| e identifying number assigned to the elector in connection with any of the various forms of identification allowable for voter identification purposes under existing law. In connection with requirements governing first-time voters casting a mail or absentee ballot after having registered by mail to vote, allows the elector to submit with his or her ballot either the identifying number assigned to the elector in connection with any of the various forms of identification allowable for voter identification purposes or a copy of such identification, instead of only the copy as is now required under existing law. 1 2 3 4 5 6 Be it enacted by the General Assembly of the State of Colorado: SECTION 1. 1-1-104 (19.5) (a) (I) and (19.5) (a) (V), Colorado Revised Statutes, are amended, and the said 1-1-104 (19.5) (a) is further amended BY THE ADDITION OF A NEW SUBPARAGRAPH, to read: 1-1-104. Definitions. As used in this code, unless the context otherwise requires: -2- SB04-084 1 2 3 4 5 6 7 |
| rt 5 shall submit with such registration: (I) A copy of identification within the meaning of section 1-1-104 (19.5); or (II) At least the last four digits of the person's social security number; OR (III) THE IDENTIFYING NUMBER ASSIGNED TO THE ELECTOR IN CONNECTION WITH ANY OF THE VARIOUS FORMS OF IDENTIFICATION WITHIN THE MEANING OF SECTION 1-1-104 (19.5). SECTION 4. 1-7.5-107 (3.5) (b), Colorado Revised Statutes, is amended to read: 1-7.5-107. Procedures for conducting mail ballot election first-time voters casting a mail ballot after having registered by mail to vote. (3.5) (b) Any person who matches either of the descriptions specified in subparagraph (I) or (II) of paragraph (a) of this subsection (3.5) and intends to cast his or her ballot by mail in accordance with this article shall submit with his or her mail ballot EITHER a copy of THE identification within the meaning of section 1-1-104 (19.5) or -4- SB04-084 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 IDENTIFYING NUMBER ASSIGNE |
| ot by mail in accordance with this article shall submit with his or her mail ballot EITHER a copy of THE identification within the meaning of section 1-1-104 (19.5) or -4- SB04-084 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 IDENTIFYING NUMBER ASSIGNED TO THE ELECTOR IN CONNECTION WITH ANY OF THE VARIOUS FORMS OF IDENTIFICATION WITHIN THE MEANING OF SECTION 1-1-104 (19.5). SECTION 5. 1-8-113 (3) (b), Colorado Revised Statutes, is amended to read: 1-8-113. Manner of absentee voting - first-time voters casting an absentee ballot after having registered by mail to vote. (3) (b) Any person who matches either of the descriptions specified in subparagraph (I) or (II) of paragraph (a) of this subsection (3) and intends to cast his or her ballot by absentee ballot in accordance with the requirements of this article shall submit with his or her absentee ballot EITHER a copy of OR THE identification within the meaning of section 1-1-104 (19.5) IDENTIFYING NUMBER ASSIGNED TO THE ELECTOR IN CONNECT |
| Second Regular Session Sixty-fourth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 04-0687.01 John Hershey SENATE BILL 04-153 SENATE SPONSORSHIP Johnson S., and Reeves HOUSE SPONSORSHIP McCluskey, Lundberg, Paccione, and Witwer Senate Committees State Veterans & Military Affairs House Committees A BILL FOR AN ACT 101 102 103 104 CONCERNING TO COMBINING POLLING PLACES, AND, IN CONNECTION THEREWITH, AUTHORIZING DESIGNATED ELECTION OFFICIALS ESTABLISH vote CENTERS WHERE ANY ELECTOR REGISTERED IN THE POLITICAL SUBDIVISION MAY vote. Bill Summary (Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.) Authorizes a designated election official to establish one or more vote centers for any election. Defines "vote center" as a polling place at which any registered elector in the political subdivision holding the election may vote, regardless of the p |
| ion. Defines "vote center" as a polling place at which any registered elector in the political subdivision holding the election may vote, regardless of the precinct in which the elector resides. States that precinct polling places shall not be used in any election for Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. Capital letters indicate new material to be added to existing statute. Dashes through the words indicate deletions from existing statute. which vote centers have been established. Allows a designated election official to combine polling places or precincts in any election. Eliminates the requirement that a county clerk and recorder get the approval of the board of county commissioners to combine precincts for a primary or special legislative election. Makes conforming amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Be it enacted by the General Assembly of the State of Colorado: SECTION 1. 1-1-104, Colorado Revised Statutes, i |
| irement that a county clerk and recorder get the approval of the board of county commissioners to combine precincts for a primary or special legislative election. Makes conforming amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Be it enacted by the General Assembly of the State of Colorado: SECTION 1. 1-1-104, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read: 1-1-104. Definitions. As used in this code, unless the context otherwise requires: (49.7) "vote CENTER" MEANS A POLLING PLACE AT WHICH ANY REGISTERED ELECTOR IN THE POLITICAL SUBDIVISION HOLDING THE ELECTION MAY vote, REGARDLESS OF THE PRECINCT IN WHICH THE ELECTOR RESIDES. SECTION 2. Repeal. 1-5-101 (4), Colorado Revised Statutes, is repealed as follows: 1-5-101. Establishing precincts and polling places for partisan elections. (4) Notwithstanding any other requirement under this section, subject to approval by the board of county commissioners, county clerk and recorders may combine pre |
| Repeal. 1-5-102.5 (2), Colorado Revised Statutes, is repealed as follows: 1-5-102.5. Establishing polling places for coordinated elections. (2) For coordinated elections, the county clerk and recorder may combine precincts and polling places. SB04-153 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 SECTION 4. Part 1 of article 5 of title 1, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read: 1-5-102.7. Combining precincts and polling places - vote centers. (1) NOTWITHSTANDING ANY PROVISION OF SECTION 1-5-101, 1-5-102, OR 1-5-102.5, A DESIGNATED ELECTION OFFICIAL MAY COMBINE POLLING PLACES OR PRECINCTS OR ESTABLISH ONE OR MORE vote CENTERS FOR ANY ELECTION. A DESIGNATED ELECTION OFFICIAL WHO COMBINES POLLING PLACES OR PRECINCTS OR ESTABLISHES A vote CENTER SHALL PUBLISH THE LOCATION OF POLLING PLACES PURSUANT TO SECTION 1-5-205. (2) IF vote CENTERS ARE USED IN AN ELECTION IN A POLITICAL SUBDIVISION, PRECINCT POLLING PLACE |
| 1-5-102.5, A DESIGNATED ELECTION OFFICIAL MAY COMBINE POLLING PLACES OR PRECINCTS OR ESTABLISH ONE OR MORE vote CENTERS FOR ANY ELECTION. A DESIGNATED ELECTION OFFICIAL WHO COMBINES POLLING PLACES OR PRECINCTS OR ESTABLISHES A vote CENTER SHALL PUBLISH THE LOCATION OF POLLING PLACES PURSUANT TO SECTION 1-5-205. (2) IF vote CENTERS ARE USED IN AN ELECTION IN A POLITICAL SUBDIVISION, PRECINCT POLLING PLACES SHALL NOT BE USED IN THE ELECTION IN THAT POLITICAL SUBDIVISION. (3) IF vote CENTERS ARE USED IN A GENERAL ELECTION IN A COUNTY WITH A POPULATION OF TWENTY-FIVE THOUSAND OR MORE ACTIVE REGISTERED ELECTORS, THERE SHALL BE AT LEAST ONE vote CENTER FOR EVERY TEN THOUSAND ACTIVE REGISTERED ELECTORS; EXCEPT THAT THE SECRETARY OF STATE MAY WAIVE THIS REQUIREMENT FOR A COUNTY BEFORE THE ELECTION AT THE REQUEST OF THE COUNTY CLERK AND RECORDER. SECTION 5. 1-6-111 (6), Colorado Revised Statutes, is amended to read: 1-6-111. Number of election judges. (6) For any election in whi |
| LATION OF TWENTY-FIVE THOUSAND OR MORE ACTIVE REGISTERED ELECTORS, THERE SHALL BE AT LEAST ONE vote CENTER FOR EVERY TEN THOUSAND ACTIVE REGISTERED ELECTORS; EXCEPT THAT THE SECRETARY OF STATE MAY WAIVE THIS REQUIREMENT FOR A COUNTY BEFORE THE ELECTION AT THE REQUEST OF THE COUNTY CLERK AND RECORDER. SECTION 5. 1-6-111 (6), Colorado Revised Statutes, is amended to read: 1-6-111. Number of election judges. (6) For any election in which the precincts and polling places OR PRECINCTS are combined OR vote CENTERS ARE ESTABLISHED SECTION in accordance with section 1-5-102.5 1-5-102.7, the county clerk and recorder or the designated -3- SB04-153 1 2 3 4 5 6 election official may assign one set of election judges to perform the functions of FOR all precincts and polling places so combined OR FOR EACH vote CENTER. SECTION 6. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and |
| s to be made accessible to persons with disabilities and establishes standards of accessibility. Exempts emergency polling places from the accessibility requirements. Requires designated election officials to file an accessibility survey with the secretary of state before designating polling places. -3- HB04-1227 Establishes standards for accessibility of voting systems to persons with disabilities. In elections held after a specified date, requires each polling place to have at least one accessible voter interface device. Requires a designated election official to test an electronic and electromechanical voting system after the system is maintained and programmed for an election. Requires testing of all electronic and electromechanical tabulation devices used at polling places. Defines terms. Makes conforming amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Be it enacted by the General Assembly of the State of Colorado: SECTION 1. 1-1-104 (14) and (27), Colorado Revised Statutes, are a |
| ng places. Defines terms. Makes conforming amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Be it enacted by the General Assembly of the State of Colorado: SECTION 1. 1-1-104 (14) and (27), Colorado Revised Statutes, are amended, and the said 1-1-104 is further amended BY THE ADDITION OF THE FOLLOWING NEW SUBSECTIONS, to read: 1-1-104. Definitions. As used in this code, unless the context otherwise requires: (2.1) "BALLOT CARD" MEANS THE CARD, TAPE, OR OTHER VEHICLE ON WHICH AN ELECTOR'S voteS ARE RECORDED. (13.5) "ELECTROMECHANICAL VOTING SYSTEM" MEANS A SYSTEM IN WHICH AN ELECTOR voteS USING A DEVICE FOR MARKING A BALLOT C AR D USING INK OR ANOTHER VISIBLE SUBSTANCE AND THE voteS ARE COUNTED WITH ELECTRONIC vote-TABULATING EQUIPMENT. THE TERM INC LUDES A SYSTEM IN WHICH voteS ARE RECORDED ELECTRONICALLY WITHIN THE EQUIPMENT ON PAPER TAPE AND ARE RECORDED SIMULTANEOUSLY ON AN ELECTRONIC DEVICE THAT PERMITS TABULATION AT A COUNTING CENTER. (14) "Electronic |
| M" MEANS A SYSTEM IN WHICH AN ELECTOR voteS USING A DEVICE FOR MARKING A BALLOT C AR D USING INK OR ANOTHER VISIBLE SUBSTANCE AND THE voteS ARE COUNTED WITH ELECTRONIC vote-TABULATING EQUIPMENT. THE TERM INC LUDES A SYSTEM IN WHICH voteS ARE RECORDED ELECTRONICALLY WITHIN THE EQUIPMENT ON PAPER TAPE AND ARE RECORDED SIMULTANEOUSLY ON AN ELECTRONIC DEVICE THAT PERMITS TABULATION AT A COUNTING CENTER. (14) "Electronic vote-tabulating equipment" or "electronic MEANS vote-counting equipment" includes any apparatus necessary to examine and count THAT EXAMINES AND RECORDS votes automatically as those votes are designated on ballots or ballot cards and to tabulate -4- HB04-1227 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 TABULATES the result. The term also includes any apparatus which will count the THAT COUNTS votes electronically and tabulate TABULATES the results simultaneously on a paper tape within the apparat |
| votes are designated on ballots or ballot cards and to tabulate -4- HB04-1227 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 TABULATES the result. The term also includes any apparatus which will count the THAT COUNTS votes electronically and tabulate TABULATES the results simultaneously on a paper tape within the apparatus, which THAT uses a "prom" or other electronic device to store the tabulation results, and which THAT has the capability to transmit the votes into a central processing unit for purposes of a printout and an election night count. (14.5) "ELECTRONIC VOTING DEVICE" MEANS AN APPARATUS BY WHIC H voteS ARE RECORDED ELECTRONICALLY, INCLUDING A TOUCHSCREEN SYSTEM. (15.5) "ELECTRONIC VOTING SYSTEM" MEANS A SYSTEM IN WHICH AN ELECTOR voteS USING AN ELECTRONIC VOTING DEVICE. (23.4) "OVERvote" MEANS THE SELECTION BY AN ELECTOR OF MORE NAMES THAN THERE ARE PERSONS TO BE ELECTED TO AN OFFICE OR THE DESIGNATION OF MORE THAN ONE |
TOUCHSCREEN SYSTEM. (15.5) "ELECTRONIC VOTING SYSTEM" MEANS A SYSTEM IN WHICH AN ELECTOR voteS USING AN ELECTRONIC VOTING DEVICE. (23.4) "OVERvote" MEANS THE SELECTION BY AN ELECTOR OF MORE NAMES THAN THERE ARE PERSONS TO BE ELECTED TO AN OFFICE OR THE DESIGNATION OF MORE THAN ONE ANSWER TO A BALLOT QUESTION OR BALLOT ISSUE. (27) "Pollbook" means the list of eligible electors to whom ballots are delivered or who are permitted to enter a voting machine for the purpose of casting their votes at vote AT A POLLING PLACE IN an election conducted under this code. (34.2) "PURCHASE" MEANS TO ENTER INTO A CONTRACT FOR THE PUR C HASE, LEASE, RENTAL, OR OTHER ACQUISITION OF VOTING EQUIPMENT. (49.7) "UNDERvote" MEANS THE FAILURE TO DESIGNATE ANY CHOICE OR THE DESIGNATION OF FEWER NAMES THAN THERE ARE PERSONS TO BE ELECTED FOR AN OFFICE OR THE FAILURE TO DESIGNATE ANY vote ON A BALLOT QUESTION OR BALLOT ISSUE, AS A RESULT OF WHICH THE TABULATOR RECORDS NO vote FOR THE |
| ANY CHOICE OR THE DESIGNATION OF FEWER NAMES THAN THERE ARE PERSONS TO BE ELECTED FOR AN OFFICE OR THE FAILURE TO DESIGNATE ANY vote ON A BALLOT QUESTION OR BALLOT ISSUE, AS A RESULT OF WHICH THE TABULATOR RECORDS NO vote FOR THE OFFICE, BALLOT QUESTION, OR -5- HB04-1227 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 BALLOT ISSUE. (50.7) "VOTING EQUIPMENT" MEANS ELECTRONIC OR ELECTROMECHANICAL VOTING SYSTEMS, ELECTRONIC VOTING DEVICES, AND ELECTRONIC vote-TABULATING EQUIPMENT, AS WELL AS MATERIALS, PARTS, OR OTHER EQUIPMENT NECESSARY FOR THE OPERATION AND MAINTENANCE OF SUCH SYSTEMS, DEVICES, AND EQUIPMENT. (50.8) "VOTING SYSTEM" MEANS A PROCESS OF CASTING, RECORDING, AND TABULATING voteS USING ELECTROMECHANICAL OR ELECTRONIC APPARATUS OR PAPER BALLOTS AND INCLUDES, BUT IS NOT LIMITED TO, THE PROCEDURES FOR CASTING AND PROCESSING voteS AND THE OPERATING MANUALS, TABULATING CARDS, PRINTOUTS, AND SOFTWARE NECESSARY TO OPERATE THE VOTING |
| R CASTING AND PROCESSING voteS AND THE OPERATING MANUALS, TABULATING CARDS, PRINTOUTS, AND SOFTWARE NECESSARY TO OPERATE THE VOTING SYSTEM. (50.9) "VOTING SYSTEM PROVIDER" MEANS AN INDIVIDUAL, PARTNERSHIP, CORPORATION, OR OTHER BUSINESS ENTITY ENGAGED IN SELLING, LEASING, MARKETING, DESIGNING, BUILDING, OR MODIFYING VOTING SYSTEMS. SECTION 2. amended to read: 1-1-104 (50), Colorado Revised Statutes, is 1-1-104. Definitions. As used in this code, unless the context otherwise requires: (50) "vote recorder" or "voting device" means any apparatus which THAT the elector uses to record votes by marking or punching a hole in a paper ballot or tabulating card and which THAT subsequently counts the votes by electronic tabulating equipment or records the votes electronically on a paper tape within the apparatus and simultaneously on a removable "prom" or other AN electronic tabulation device. SECTION 3. 1-5-101 (3), Colorado Revised Statutes, is amended -6- HB04-1227 1 2 3 4 5 |
| paper ballots by voting machine, OR by electronic OR ELECTROMECHANICAL voting machine, or by electronically counted ballot cards SYSTEMS. SECTION 5. 1-5-408 (1), (3), and (4), Colorado Revised Statutes, are amended to read: 1-5-408. Form of ballots - electronic voting. (1) Ballot pages or ballot cards placed upon voting devices shall, so far as practicable, be arranged as provided by sections 1-5-402, 1-5-403, AND 1-5-404; and 1-5-405; except that they shall be of the size and design required by the vote recorder or device and may be printed on a number of separate pages which cards. (3) Precincts which POLLING PLACES THAT THAT are placed on the voting device or on one or more ballot use electronic ELECTROMECHANICAL voting systems may use ballot cards of different colors to insure ENSURE that electors receive a full ballot. Such precincts -7- HB04-1227 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 POLLING PLACES may also use different-colored ballot cards OF DIFFERE |
| g systems, each ballot card may have two stubs attached. The stubs shall be separated from the ballot card and from each other by perforated lines so that they may be readily detached. Both stubs shall have the serial ballot number printed on them. The size of the ballot stubs and the spacing of the printed material may be varied to suit the conditions imposed by the use of the ballot cards. The ballot stub may also include color marking or wording to indicate that the stub must show when the ballot is voted and placed in the privacy envelope for deposit in the ballot box. The face of the ballot card shall include the endorsement "Official ballot for ....................", and after the word "for" shall follow the designation of the precinct, if appropriate, and the political subdivision for which the ballot is prepared, the date of the election, and a facsimile of the signature of the designated election official. SECTION 6. 1-5-501 (2), Colorado Revised Statutes, is amended to read: 1-5-501. Sufficient |
| erson other than the election officials and those admitted for the purpose of voting shall be permitted within the immediate voting area, which shall be considered as within six feet of the voting machines, voting equipment or voting booths and the ballot box, except by authority of the election judges, and then only when necessary to keep order and enforce the law. SECTION 8. 1-5-601, Colorado Revised Statutes, is amended to read: 1-5-601. Use of voting systems. In all elections held in this state, the votes may be cast, registered, recorded, and counted by means of a voting machine or by means of an electronic OR ELECTROMECHANICAL voting system consisting of a ballot which is marked by the elector and counted by electronic vote-counting equipment or counted by electronic voting equipment on which votes are recorded simultaneously on a paper tape and a removable "prom" or other electronic tabulating device or a vote recorder which the elector uses to record each vote on a ballo |
| , recorded, and counted by means of a voting machine or by means of an electronic OR ELECTROMECHANICAL voting system consisting of a ballot which is marked by the elector and counted by electronic vote-counting equipment or counted by electronic voting equipment on which votes are recorded simultaneously on a paper tape and a removable "prom" or other electronic tabulating device or a vote recorder which the elector uses to record each vote on a ballot card and the electronic vote-counting equipment, as provided in this part 6. SECTION 9. 1-5-606, Colorado Revised Statutes, is amended to FOUR HUNDRED STATION for active registered electors or -9- HB04-1227 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 read: 1-5-606. Election officials and employees not to have interest in voting equipment or devices. No election official OR EMPLOYEE OF AN ELECTION OFFICIAL having DUTIES OR responsibilities in connection with the conduct of any election shall ha |
| M PRIOR TO AND DURING ELECTIONS. -12- HB04-1227 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1-5-612. Use of electronic and electromechanical voting systems. (1) THE GOVERNING BODY OF ANY POLITICAL SUBDIVISION MAY, UPON CONSULTATION WITH THE DESIGNATED ELECTION OFFICIAL, ADOPT AN ELECTRONIC OR ELECTROMECHANICAL VOTING SYSTEM FOR USE AT ALL OR A PORTION OF THE POLLING PLACES IN THE POLITICAL SUBDIVISION. THE SYSTEM MAY BE USED FOR RECORDING, COUNTING, AND TABULATING OF voteS AT ALL ELECTIONS HELD BY THE POLITICAL SUBDIVISION. (2) AN ELECTRONIC OR ELECTROMECHANICAL VOTING SYSTEM MAY BE USED ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION ONLY IF THE SYSTEM HAS BEEN CERTIFIED BY THE SECRETARY OF STATE IN ACCORDANCE WITH THIS PART 6. 1-5-613. Purchase and sale of voting equipment. (1) THE SECRETARY OF STATE MAY ADOPT UNIFORM RULES IN ACCORDANCE WITH ARTICLE 4 OF TITLE 24, C.R.S., FOR THE PURCHASE AND SALE OF VOTING EQUIPMENT IN THE STATE. (2) ON AND AFTER THE EFFECTIVE |
| tromechanical voting systems - standards. THE SECRETARY OF STATE SHALL CERTIFY ELECTRONIC AND ELECTROMECHANICAL VOTING SYSTEMS AND THE PUR C HASE, INSTALLATION, AND USE OF SUCH SYSTEMS BY POLITICAL SUBDIVISIONS AND ESTABLISH STANDARDS FOR CERTIFICATION. 1-5-615. Electronic and electromechanical voting systems requirements. (1) NO ELECTRONIC OR ELECTROMECHANICAL VOTING SYSTEM SHALL BE CERTIFIED BY THE SECRETARY OF STATE UNLESS SUCH SYSTEM: (a) PROVIDES FOR VOTING IN SECRECY; (b) PERMITS EACH ELECTOR TO vote FOR ALL OFFICES FOR WHICH THE ELECTOR IS LAWFULLY ENTITLED TO vote AND NO OTHERS, TO vote FOR AS MANY CANDIDATES FOR AN OFFICE AS THE ELECTOR IS ENTITLED TO vote FOR, AND TO vote FOR OR AGAINST ANY BALLOT QUESTION OR BALLOT ISSUE ON WHICH THE ELECTOR IS ENTITLED TO vote; (c) PERMITS EACH ELECTOR TO VERIFY HIS OR HER voteS PRIVATELY AND INDEPENDENTLY BEFORE THE BALLOT IS CAST; (d) PERMITS EACH ELECTOR PRIVATELY AND INDEPENDENTLY TO CHANGE THE BALLOT OR CORR |
| > FOR, AND TO vote FOR OR AGAINST ANY BALLOT QUESTION OR BALLOT ISSUE ON WHICH THE ELECTOR IS ENTITLED TO vote; (c) PERMITS EACH ELECTOR TO VERIFY HIS OR HER voteS PRIVATELY AND INDEPENDENTLY BEFORE THE BALLOT IS CAST; (d) PERMITS EACH ELECTOR PRIVATELY AND INDEPENDENTLY TO CHANGE THE BALLOT OR CORRECT ANY ERROR BEFORE THE BALLOT IS CAST, INCLUDING BY VOTING A REPLACEMENT BALLOT IF THE ELECTOR IS OTHERWISE UNABLE TO CHANGE THE BALLOT OR CORRECT AN ERROR; (e) IF THE ELECTOR OVERvoteS: (I) NOTIFIES THE ELECTOR BEFORE THE BALLOT IS CAST THAT THE ELECTOR HAS OVERvoteD; (II) NOTIFIES THE ELECTOR BEFORE THE vote IS CAST THAT AN OVERvote FOR ANY OFFICE, BALLOT QUESTION, OR BALLOT ISSUE WILL -14- HB04-1227 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 NOT BE COUNTED; AND (III) GIVES THE ELECTOR THE OPPORTUNITY TO CORRECT THE BALLOT BEFORE THE BALLOT IS CAST; (f) DOES NOT RECORD A vote FOR ANY OFFICE, BALLOT QUESTION, OR BAL |
| LECTOR BEFORE THE BALLOT IS CAST THAT THE ELECTOR HAS OVERvoteD; (II) NOTIFIES THE ELECTOR BEFORE THE vote IS CAST THAT AN OVERvote FOR ANY OFFICE, BALLOT QUESTION, OR BALLOT ISSUE WILL -14- HB04-1227 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 NOT BE COUNTED; AND (III) GIVES THE ELECTOR THE OPPORTUNITY TO CORRECT THE BALLOT BEFORE THE BALLOT IS CAST; (f) DOES NOT RECORD A vote FOR ANY OFFICE, BALLOT QUESTION, OR BALLOT ISSUE THAT IS OVERvoteD OR UNDERvoteD ON A BALLOT CAST BY AN ELECTOR; (g) FOR ELECTRONIC AND ELECTROMECHANICAL VOTING SYSTEMS USING PAPER BALLOTS, ACCEPTS AN OVERvoteD OR UNDERvoteD BALLOT IF THE ELECTOR CHOOSES TO CAST THE BALLOT, BUT IT DOES NOT RECORD A vote FOR ANY OFFICE, BALLOT QUESTION, OR BALLOT ISSUE THAT HAS BEEN OVERvoteD OR UNDERvoteD; (h) IN A PRIMARY ELECTION, PERMITS EACH ELECTOR TO vote ONLY FOR A CANDIDATE SEEKING NOMINATION BY THE POLITICAL PARTY WITH WHI |
| MECHANICAL VOTING SYSTEMS USING PAPER BALLOTS, ACCEPTS AN OVERvoteD OR UNDERvoteD BALLOT IF THE ELECTOR CHOOSES TO CAST THE BALLOT, BUT IT DOES NOT RECORD A vote FOR ANY OFFICE, BALLOT QUESTION, OR BALLOT ISSUE THAT HAS BEEN OVERvoteD OR UNDERvoteD; (h) IN A PRIMARY ELECTION, PERMITS EACH ELECTOR TO vote ONLY FOR A CANDIDATE SEEKING NOMINATION BY THE POLITICAL PARTY WITH WHICH THE ELECTOR IS AFFILIATED; (i) IN A PRESIDENTIAL ELECTION, PERMITS EACH ELECTOR TO vote B Y A SINGLE OPERATION FOR ALL PRESIDENTIAL ELECTORS OF A PAIR OF CANDIDATES FOR PRESIDENT AND VICE PRESIDENT; (j) DOES NOT USE AN APPARATUS OR DEVICE FOR THE PIERCING OF BALLOTS BY THE ELECTOR; (k) PROVIDES A METHOD FOR WRITE-IN VOTING; (l) COUNTS voteS CORRECTLY; (m) CAN TABULATE THE TOTAL NUMBER OF voteS FOR EACH CANDIDATE FOR EACH OFFICE AND THE TOTAL NUMBER OF voteS FOR AND AGAINST EACH BALLOT QUESTION AND BALLOT ISSUE FOR THE POLLING PLACE; (n) CAN TABULATE voteS F |
| HOD FOR WRITE-IN VOTING; (l) COUNTS voteS CORRECTLY; (m) CAN TABULATE THE TOTAL NUMBER OF voteS FOR EACH CANDIDATE FOR EACH OFFICE AND THE TOTAL NUMBER OF voteS FOR AND AGAINST EACH BALLOT QUESTION AND BALLOT ISSUE FOR THE POLLING PLACE; (n) CAN TABULATE voteS FROM BALLOTS OF DIFFERENT POLITICAL PARTIES AT THE SAME POLLING PLACE IN A PRIMARY ELECTION; -15- HB04-1227 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 (o) CAN AUTOMATICALLY PRODUCE vote TOTALS FOR THE POLLING PLACE IN PRINTED OR MARKED FORM OR A COMBINATION THEREOF; AND (p) SAVES AND PRODUCES THE RECORDS NECESSARY TO AUDIT THE OPERATION OF THE ELECTRONIC OR ELECTROMECHANICAL VOTING SYSTEM, INCLUDING A PERMANENT PAPER RECORD WITH A MANUAL AUDIT CAPACITY. (2) THE PERMANENT PAPER RECORD PRODUCED BY THE ELECTRONIC OR ELECTROMECHANICAL VOTING SYSTEM SHALL BE AVAILABLE AS AN OFFICIAL RECORD FOR ANY RECOUNT CONDUCTED FOR ANY ELECTION IN WHICH THE SYSTEM WAS USED. 1-5-616. Electronic a |
| 1 22 23 24 25 26 27 FOR CERTIFICATION OF ELECTRONIC OR ELECTROMECHANICAL VOTING SYSTEMS IN EACH ODD-NUMBERED YEAR TO DETERMINE THE ADEQUACY AND EFFECTIVENESS OF THE RULES IN ASSURING THAT ELECTIONS ARE FAIR AND IMPARTIAL. (3) THE SECRETARY OF STATE MAY ADOPT RULES IN ACCORDANCE WITH ARTICLE 4 OF TITLE 24, C.R.S., TO ACHIEVE AND MAINTAIN THE MAXIMUM DEGREE OF CORRECTNESS, IMPARTIALITY, AND EFFICIENCY OF THE PROCEDURES OF VOTING, INCLUDING WRITE-IN VOTING, AND OF COUNTING, TABULATING, AND RECORDING voteS BY ELECTRONIC OR ELECTROMECHANICAL VOTING SYSTEMS USED IN THIS STATE. (4) THE SECRETARY OF STATE MAY ADAPT THE STANDARDS FOR CERTIFICATION OF ELECTRONIC OR ELECTROMECHANICAL VOTING SYSTEMS ESTABLISHED BY RULE PURSUANT TO SUBSECTION (1) OF THIS SECTION TO ENSURE THAT NEW TECHNOLOGIES THAT MEET THE REQUIREMENTS FOR SUCH SYSTEMS ARE CERTIFIED IN A TIMELY MANNER AND AVAILABLE FOR SELECTION BY POLITICAL SUBDIVISIONS AND MEET USER STANDARDS. (5) (a) EACH DESIGNATED ELECTION OFFICIAL SHALL ESTABLISH W R IT |
(a) IT IS THE INTENT OF THE GENERAL ASSEMBLY THAT ALL STATE REQUIREMENTS SHOULD MEET OR EXCEED THE MINIMUM FEDERAL REQUIREMENTS FOR ACCESSIBILITY OF VOTING SYSTEMS AND POLLING PLACES TO PERSONS WITH DISABILITIES. (b) ALL STATE LAWS, RULES, STANDARDS, AND CODES GOVERNING VOTING SYSTEMS AND POLLING PLACE ACCESSIBILITY SHALL BE MAINTAINED TO ENSURE THAT THE STATE IS ELIGIBLE FOR SUCH FEDERAL FUNDS. 1-5-702. Definitions. AS CONTEXT OTHERWISE REQUIRES: USED IN THIS PART 7, UNLESS THE (1) "ACCESSIBLE voteR INTERFACE DEVICE" MEANS A DEVICE THAT COMMUNICATES VOTING INSTRUCTIONS AND THE INFORMATION ON THE BALLOT TO AN ELECTOR AND ALLOWS THE ELECTOR TO SELECT AND vote FOR CANDIDATES, BALLOT QUESTIONS, AND BALLOT ISSUES IN ACCORDANCE WITH THE STANDARDS IN SECTION 1-5-704. (2) "ALTERNATIVE FORMATS" HAS THE SAME MEANING ASCRIBED IN THE FEDERAL "AMERICANS WITH DISABILITIES ACT OF 1990", AS -25- HB04-1227 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 AMENDED, INCLUD |
| SCRIBED BY THE SECRETARY OF -26- HB04-1227 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 STATE IDENTIFYING THE CRITERIA FOR SELECTING ACCESSIBLE POLLING PLACES AND APPLYING THE CRITERIA TO PROPOSED POLLING PLACES. 1-5-704. Standards for accessible voting systems. (1) NOTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE, EACH VOTING SYSTEM CERTIFIED BY THE SECRETARY OF STATE FOR USE IN LOCAL, STATE, AND FEDERAL ELECTIONS SHALL HAVE THE CAPABILITY TO ACCEPT ACCESSIBLE voteR INTERFACE DEVICES IN THE VOTING SYSTEM CONFIGURATION TO ALLOW THE VOTING SYSTEM TO MEET THE FOLLOWING MINIMUM STANDARDS: (a) THE VOTING SYSTEM SHALL PROVIDE A TACTILE INPUT OR AUDIO INPUT DEVICE, OR BOTH. (b) THE VOTING SYSTEM SHALL PROVIDE A METHOD BY WHICH ELECTORS CAN CONFIRM ANY TACTILE OR AUDIO INPUT BY AUDIO OUTPUT USING SYNTHETIC OR RECORDED HUMAN SPEECH. (c) ANY OPERABLE CONTROLS ON THE INPUT DEVICE THAT ARE NEEDED BY ELECTORS WHO ARE VISUALLY IMPAIRED SHALL BE INDICATED IN BRAILLE OR O |
| THE VOTING SYSTEM MAY NOT REQUIRE COLOR PERCEPTION. THE VOTING SYSTEM SHALL USE BLACK TEXT OR GRAPHICS, OR BOTH, ON WHITE BACKGROUND OR WHITE TEXT OR GRAPHICS, OR BOTH, ON BLACK BACKGROUND, UNLESS THE SECRETARY OF STATE APPROVES OTHER HIGH-CONTRAST COLOR COMBINATIONS THAT DO NOT REQUIRE COLOR PERCEPTION. (f) ANY VOTING SYSTEM THAT REQUIRES ANY VISUAL PERCEPTION -27- HB04-1227 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 SHALL ALLOW THE FONT SIZE AS IT APPEARS TO THE voteR TO BE SET FROM A MINIMUM OF FOURTEEN POINTS TO A MAXIMUM OF TWENTY-FOUR POINTS BEFORE THE VOTING SYSTEM IS DELIVERED TO THE POLLING PLACE. (g) THE VOTING SYSTEM SHALL PROVIDE AUDIO INFORMATION, INCLUDING ANY AUDIO OUTPUT USING SYNTHETIC OR RECORDED HUMAN SPEECH OR ANY AUDITORY FEEDBACK TONES THAT ARE IMPORTANT FOR THE USE OF THE AUDIO APPROACH, THROUGH AT LEAST ONE MODE, BY HANDSET OR HEADSET, AT HIGH VOLUME AND SHALL PROVIDE INCREMENTAL VOLUME CONTROL WITH OUTPUT AMPLIFICATION UP TO A LEVEL OF AT |
| D FIST, AND OPERABLE WITHOUT TIGHT GRASPING, PINCHING, OR TWISTING OF THE WRIST. (l) THE FORCE REQUIRED TO OPERATE OR ACTIVATE THE CONTROLS -28- HB04-1227 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 MAY NOT EXCEED FIVE POUNDS OF FORCE. (m) VOTING BOOTHS SHALL HAVE VOTING CONTROLS AT A MINIMUM HEIGHT OF THIRTY-SIX INCHES ABOVE THE FINISHED FLOOR WITH A MINIMUM KNEE CLEARANCE OF TWENTY-SEVEN INCHES HIGH, THIRTY INCHES WIDE, AND NINETEEN INCHES DEEP, OR THE ACCESSIBLE voteR INTERFACE DEVICES SHALL BE DESIGNED SO AS TO ALLOW THEIR USE ON TOP OF A TABLE TO MEET SUCH REQUIREMENTS. TABLETOP INSTALLATIONS SHALL ENSURE ADEQUATE PRIVACY. (n) AUDIO BALLOTS SHALL MEET THE FOLLOWING STANDARDS: (I) AFTER THE INITIAL INSTRUCTION FROM AN ELECTION OFFICIAL, THE ELECTOR SHALL BE ABLE TO INDEPENDENTLY OPERATE THE voteR INTERFACE DEVICE THROUGH THE FINAL STEP OF CASTING A BALLOT WITHOUT ASSISTANCE. (II) THE ELECTOR SHALL BE ABLE TO DETERMINE THE OFFICES FOR WHICH THE ELECTOR IS |
| E DEVICES SHALL BE DESIGNED SO AS TO ALLOW THEIR USE ON TOP OF A TABLE TO MEET SUCH REQUIREMENTS. TABLETOP INSTALLATIONS SHALL ENSURE ADEQUATE PRIVACY. (n) AUDIO BALLOTS SHALL MEET THE FOLLOWING STANDARDS: (I) AFTER THE INITIAL INSTRUCTION FROM AN ELECTION OFFICIAL, THE ELECTOR SHALL BE ABLE TO INDEPENDENTLY OPERATE THE voteR INTERFACE DEVICE THROUGH THE FINAL STEP OF CASTING A BALLOT WITHOUT ASSISTANCE. (II) THE ELECTOR SHALL BE ABLE TO DETERMINE THE OFFICES FOR WHICH THE ELECTOR IS ALLOWED TO vote AND TO DETERMINE THE CANDIDATES FOR EACH OFFICE. (III) THE ELECTOR SHALL BE ABLE TO DETERMINE HOW MANY CANDIDATES MAY BE SELECTED FOR EACH OFFICE. (IV) THE ELECTOR SHALL HAVE THE ABILITY TO VERIFY THAT THE PHYSICAL OR VOCAL INPUTS GIVEN TO THE VOTING SYSTEM HAVE SELECTED THE CANDIDATES THAT THE ELECTOR INTENDED TO SELECT. (V) THE ELECTOR SHALL BE ABLE TO REVIEW THE CANDIDATE SELECTIONS THAT THE ELECTOR HAS MADE. (VI) BEFORE CASTING THE BALLOT, THE ELECTOR SHALL HAVE THE OPPORTUNITY TO CHANGE AN |
| VOTING SYSTEM HAVE SELECTED THE CANDIDATES THAT THE ELECTOR INTENDED TO SELECT. (V) THE ELECTOR SHALL BE ABLE TO REVIEW THE CANDIDATE SELECTIONS THAT THE ELECTOR HAS MADE. (VI) BEFORE CASTING THE BALLOT, THE ELECTOR SHALL HAVE THE OPPORTUNITY TO CHANGE ANY SELECTIONS PREVIOUSLY MADE AND CONFIRM A NEW SELECTION. (VII) THE VOTING SYSTEM SHALL COMMUNICATE TO THE ELECTOR -29- HB04-1227 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 THE FACT THAT THE ELECTOR HAS FAILED TO vote FOR AN OFFICE OR HAS FAILED TO vote THE NUMBER OF ALLOWABLE CANDIDATES FOR AN OFFICE AND REQUIRE THE ELECTOR TO CONFIRM HIS OR HER INTENT TO UNDERvote BEFORE CASTING THE BALLOT. (VIII) THE VOTING SYSTEM SHALL WARN THE ELECTOR OF THE CONSEQUENCES OF OVERVOTING FOR AN OFFICE. (IX) THE ELECTOR SHALL HAVE THE OPPORTUNITY TO INPUT A CANDIDATE'S NAME FOR EACH OFFICE THAT ALLOWS A WRITE-IN CANDIDATE. (X) THE ELECTOR SHALL HAVE THE OPPORTUNITY TO REVIEW THE ELECTOR'S WRITE-IN INPUT TO THE |
| E ELECTOR HOW TO TAKE THIS ACTION SO THAT THE ELECTOR HAS MINIMAL RISK OF TAKING THE ACTION ACCIDENTALLY, BUT WHEN THE ELECTOR INTENDS TO CAST THE BALLOT, THE ACTION CAN BE EASILY PERFORMED. (XII) AFTER THE BALLOT IS CAST, THE VOTING SYSTEM SHALL CONFIR M TO THE ELECTOR THAT THE BALLOT HAS BEEN CAST AND THE ELECTOR'S PROCESS OF VOTING IS COMPLETE. (XIII) AFTER THE BALLOT IS CAST, THE VOTING SYSTEM SHALL PREVENT THE ELECTOR FROM MODIFYING THE BALLOT CAST OR VOTING ANOTHER BALLOT. 1-5-705. Accessible voter interface devices - minimum requirement. (1) A VOTING SYSTEM SHALL INCLUDE AT LEAST ONE ACCESSIBLE voteR INTERFACE DEVICE INSTALLED AT EACH POLLING PLACE -30- HB04-1227 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 THAT MEETS THE REQUIREMENTS OF THIS SECTION. (2) THIS SECTION SHALL APPLY TO ELECTIONS HELD ON AND AFTER JANUARY 1, 2006. SECTION 15. amended to read: 1-7-110. Preparing to vote. (2) If the eligible elector shows identification and the elector |
| TRIBUTED TO THE POLLING PLACES, ALL DEVICES TO BE USED IN THE ELECTION SHALL BE TESTED. (3) THE SECRETARY OF STATE SHALL PROMULGATE RULES IN -32- HB04-1227 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 AC C ORDANCE WITH ARTICLE 4 OF TITLE 24, C.R.S., PRESCRIBING THE MANNER OF PERFORMING THE TESTS REQUIRED BY THIS SECTION AND CORRECTING ERRORS REVEALED BY THE TESTS. SECTION 19. 1-7-507 (7) and (8), Colorado Revised Statutes, are amended to read: 1-7-507. Electronic vote-counting - procedure. (7) The receiving, opening, and preservation of the transfer boxes and their contents shall be the responsibility of the designated election official, who shall provide adequate personnel and facilities to assure accurate and complete election results. Any indication of tampering with the ballots, ballot card, or other fraudulent action shall be immediately reported to the district attorney, who shall immediately investigate the action and report the findings in writing within te |
| eport the findings in writing within ten days to the designated election official and shall prosecute to the full extent of the law any person or persons responsible for the fraudulent action. The secretary of state shall issue such directives as may be necessary to implement or clarify the procedures outlined for the conduct of elections when punch card electronic voting systems are used. (8) Precincts using punch card electronic voting systems shall not be required to post the abstract of the count of votes at the precinct after the closing of the polls. SECTION 20. amended to read: 1-7-508. Determination of improperly marked ballots. 1-7-508 (2), Colorado Revised Statutes, is (2) votes cast for an office to be filled or a BALLOT QUESTION OR ballot issue to be decided shall not be counted if a voter marks or punches more names than there are persons to be elected to an office or if for any reason -33- HB04-1227 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 i |
| nded to read: 1-7-508. Determination of improperly marked ballots. 1-7-508 (2), Colorado Revised Statutes, is (2) votes cast for an office to be filled or a BALLOT QUESTION OR ballot issue to be decided shall not be counted if a voter marks or punches more names than there are persons to be elected to an office or if for any reason -33- HB04-1227 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 it is impossible to determine the elector's choice of candidate or vote concerning the ballot issue. A defective or an incomplete mark or punch on any ballot in a proper place shall be counted if no other mark or punch is on the ballot indicating an intention to vote for some other candidate or ballot issue. SECTION 21. 1-7-602, Colorado Revised Statutes, is amended to read: 1-7-602. Judges to post returns. At any election in precincts AT A POLLING PLACE where voting is by paper ballot, voting machine, or voting system, which produces a electronic OR ELECTROMECHA |
| ny ballot in a proper place shall be counted if no other mark or punch is on the ballot indicating an intention to vote for some other candidate or ballot issue. SECTION 21. 1-7-602, Colorado Revised Statutes, is amended to read: 1-7-602. Judges to post returns. At any election in precincts AT A POLLING PLACE where voting is by paper ballot, voting machine, or voting system, which produces a electronic OR ELECTROMECHANICAL paper tape, the election judges shall make an abstract of the count of votes, which abstract shall contain the names of the offices, names of the candidates, ballot titles, and submission clauses of all initiated, referred, or other ballot issues voted upon and the number of votes counted for or against each candidate or ballot issue. The abstract shall be posted in a conspicuous place which THAT can be seen from the outside of the polling place immediately upon completion of the counting. The abstract may be removed at any time after forty-eight hours following |
| t shall be posted in a conspicuous place which THAT can be seen from the outside of the polling place immediately upon completion of the counting. The abstract may be removed at any time after forty-eight hours following the election. Suitable blanks for the abstract required by this section shall be prepared, printed, and furnished to all election judges at the same time and in the same manner as other election supplies. SECTION 22. 1-8-204, Colorado Revised Statutes, is amended to read: 1-8-204. Early voters' polling place. Each county clerk and recorder shall provide one or more early voters' polling places, each of which shall be accessible to persons with disabilities and which shall be provided with on-line computer accessibility to the county clerk and -34- HB04-1227 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 recorder, suitable quarters, ballot boxes or voting machines EQUIPMENT, and other necessary supplies as provided by law in the case of precinct polling |
| ters' polling places, each of which shall be accessible to persons with disabilities and which shall be provided with on-line computer accessibility to the county clerk and -34- HB04-1227 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 recorder, suitable quarters, ballot boxes or voting machines EQUIPMENT, and other necessary supplies as provided by law in the case of precinct polling places. In the event the county clerk and recorder determines that the number of early voters' polling places is insufficient due to the number of eligible electors who are voting by early ballot, the county clerk and recorder may establish additional early voters' polling places for the convenience of eligible electors wishing to vote at such polling places. The county clerk and recorder shall give adequate notice to eligible electors of such additional early voters' polling places. SECTION 23. amended to read: 1-8-301. Appointment of election judges for counting absente |
| tronic OR ELECTROMECHANICAL 1-8-301 (2), Colorado Revised Statutes, is voting machines SYSTEMS are used, the designated election official, for each five hundred absentee ballots mailed or delivered, may appoint, in addition to the receiving judges appointed as provided in section 1-8-205, five counting judges, not more than three of whom shall be from any one political party. SECTION 24. 1-8-305 (2) (b) and (2) (d), Colorado Revised Statutes, are amended to read: 1-8-305. Counting absentee and early voters' ballots - partisan elections. (2) Absentee and early voters' ballots shall be counted in one of the following ways: (b) In counties that use voting machines, the absentee ballots may be counted in the following manner: One election judge shall call aloud the name of the candidate voted for and a second election judge shall -35- HB04-1227 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 observe that the first judge reads the ballot correctly; two other elect |
| candidate voted for and a second election judge shall -35- HB04-1227 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 observe that the first judge reads the ballot correctly; two other election judges, one from each major political party, shall attend the voting machine so that one of the election judges may depress the lever for the candidate whose name is being read, and the other election judge shall observe closely that the proper levers are being depressed as the votes are read aloud; the fifth election judge shall prepare the machine to receive each ballot. (d) Early voters' ballots that are cast directly on voting machines or on electronic OR ELECTROMECHANICAL vote-tabulating equipment shall be counted in the same manner as provided for the counting of precinct ballots in part 6 of article 5 and parts 4 and 5 of article 7 of this title. SECTION 25. 1-13-708, Colorado Revised Statutes, is amended to read: 1-13-708. Tampering with voting equipment. Any |
| CTROMECHANICAL vote-tabulating equipment shall be counted in the same manner as provided for the counting of precinct ballots in part 6 of article 5 and parts 4 and 5 of article 7 of this title. SECTION 25. 1-13-708, Colorado Revised Statutes, is amended to read: 1-13-708. Tampering with voting equipment. Any person who tampers with a voting machine or any electronic OR ELECTROMECHANICAL voting equipment before, during, or after any election provided by law with intent to change the tabulation of votes thereon to reflect other than an accurate accounting is guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided in section 1-13-111. SECTION 26. 1-13-711, Colorado Revised Statutes, is amended to read: 1-13-711. Interference with voter while voting. Any person who interferes with any voter who is inside the immediate voting area or is marking a ballot or operating a voting machine DEVICE OR ELECTRONIC VOTING DEVICE at any election provided by law is guilty of |
| Second Regular Session Sixty-fourth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 04-0602.01 John Hershey HOUSE BILL 04-1296 HOUSE SPONSORSHIP Madden, Plant, Romanoff, and Spence SENATE SPONSORSHIP Hillman, House Committees State, Veterans, & Military Affairs Local Government Appropriations Senate Committees A BILL FOR AN ACT 101 102 CONCERNING THE CREATION OF A PERMANENT PAPER RECORD OF EACH vote CAST IN AN ELECTION. Bill Summary (Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.) Requires each voting system used in an election in the state to produce a permanent paper record of each vote. Entitles a voter to inspect, verify, and correct the paper record of his or her vote. States that the permanent paper record shall be the official record of the election for purposes of any recount. Def |
| amended BY THE ADDITION OF A NEW SUBSECTION to read: 1-1-104. Definitions. As used in this code, unless the context otherwise requires: (23.8) "PERMANENT PAPER RECORD" MEANS A PAPER BALLOT, A BALLOT OR BALLOT CARD USED WITH ELECTRONIC VOTING EQUIPMENT OR A PUNCH CARD ELECTRONIC VOTING SYSTEM, OR A PAPER RECORD PRODUCED BY ANY OTHER VOTING SYSTEM. SECTION 2. Part 1 of article 7 of title 1, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read: 1-7-118. Permanent paper record of vote. (1) THE VOTING SYSTEM USED IN EVERY ELECTION IN THE STATE OF COLORADO SHALL PRODUCE A PERMANENT PAPER RECORD OF EACH vote CAST. (2) EACH ELIGIBLE ELECTOR MAY INSPECT, VERIFY, AND CORRECT THE PERMANENT PAPER RECORD OF THE ELIGIBLE ELECTOR'S vote AT THE TIME THE vote IS CAST. (3) THE PERMANENT PAPER RECORD OF EACH ELIGIBLE ELECTOR'S vote SHALL BE PRESERVED AS AN ELECTION RECORD PURSUANT TO SECTION 1-7-802 AND SHALL CONSTITUTE THE OFFICIAL RECORD OF THE ELECTION FOR PURPO |
| NSTITUTE THE OFFICIAL RECORD OF THE ELECTION FOR PURPOSES OF ANY RECOUNT. SECTION 3. 1-10.5-102 (3), Colorado Revised Statutes, is amended to read: 1-10.5-102. Recounts for congressional, state, and district offices, state ballot questions, and state ballot issues. (3) Prior to any recount, the canvass board shall choose a precinct at random and a test -2- HB04-1296 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 number of ballots NO LESS THAN FIFTY PERMANENT PAPER RECORDS OF THE voteS CREATED PURSUANT TO SECTION 1-7-118 on which to conduct a TEST machine count and hand count. of ballots. The precinct chosen shall have at least fifty ballots for the count. If the results of the machine count and the hand count are identical, then the recount shall MAY be conducted in the same manner as the original ballot count BY A MACHINE COUNT OF THE PERMANENT PAPER RECORDS. SECTION 4. 1-10.5-108, Colorado Revised Statutes, is amended to read: 1-10.5-108. Method of recount. (1) The recount sh |
a TEST machine count and hand count. of ballots. The precinct chosen shall have at least fifty ballots for the count. If the results of the machine count and the hand count are identical, then the recount shall MAY be conducted in the same manner as the original ballot count BY A MACHINE COUNT OF THE PERMANENT PAPER RECORDS. SECTION 4. 1-10.5-108, Colorado Revised Statutes, is amended to read: 1-10.5-108. Method of recount. (1) The recount shall be of the ballots cast PERMANENT PAPER RECORDS OF THE voteS CREATED PURSUANT TO SECTION 1-7-118, and the votes shall be recorded on sheets other than those used at the election. (2) Unless otherwise directed by the secretary of state, the ballots cast PERMANENT PAPER RECORDS shall be recounted utilizing the same procedures, methods, and processes that were utilized for the original count of the ballots cast USED FOR COUNTING PAPER BALLOTS PURSUANT TO PART 3 OF ARTICLE 7 OF THIS TITLE. SECTION 5. Repeal. 1-10.5-110, Colorado Revised Statutes, is rep |
| Second Regular Session Sixty-fourth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 04-0602.01 John Hershey HOUSE BILL 04-1296 HOUSE SPONSORSHIP Madden, Plant, Romanoff, and Spence SENATE SPONSORSHIP Hillman, House Committees State, Veterans, & Military Affairs Local Government Appropriations Senate Committees A BILL FOR AN ACT 101 102 CONCERNING THE CREATION OF A PERMANENT PAPER RECORD OF EACH vote CAST IN AN ELECTION. Bill Summary (Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.) Requires each voting system used in an election in the state to produce a permanent paper record of each vote. Entitles a voter to inspect, verify, and correct the paper record of his or her vote. States that the permanent paper record shall be the official record of the election for purposes of any recount. Def |
| amended BY THE ADDITION OF A NEW SUBSECTION to read: 1-1-104. Definitions. As used in this code, unless the context otherwise requires: (23.8) "PERMANENT PAPER RECORD" MEANS A PAPER BALLOT, A BALLOT OR BALLOT CARD USED WITH ELECTRONIC VOTING EQUIPMENT OR A PUNCH CARD ELECTRONIC VOTING SYSTEM, OR A PAPER RECORD PRODUCED BY ANY OTHER VOTING SYSTEM. SECTION 2. Part 1 of article 7 of title 1, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read: 1-7-118. Permanent paper record of vote. (1) THE VOTING SYSTEM USED IN EVERY ELECTION IN THE STATE OF COLORADO SHALL PRODUCE A PERMANENT PAPER RECORD OF EACH vote CAST. (2) EACH ELIGIBLE ELECTOR MAY INSPECT, VERIFY, AND CORRECT THE PERMANENT PAPER RECORD OF THE ELIGIBLE ELECTOR'S vote AT THE TIME THE vote IS CAST. (3) THE PERMANENT PAPER RECORD OF EACH ELIGIBLE ELECTOR'S vote SHALL BE PRESERVED AS AN ELECTION RECORD PURSUANT TO SECTION 1-7-802 AND SHALL CONSTITUTE THE OFFICIAL RECORD OF THE ELECTION FOR PURPO |
| NSTITUTE THE OFFICIAL RECORD OF THE ELECTION FOR PURPOSES OF ANY RECOUNT. SECTION 3. 1-10.5-102 (3), Colorado Revised Statutes, is amended to read: 1-10.5-102. Recounts for congressional, state, and district offices, state ballot questions, and state ballot issues. (3) Prior to any recount, the canvass board shall choose a precinct at random and a test -2- HB04-1296 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 number of ballots NO LESS THAN FIFTY PERMANENT PAPER RECORDS OF THE voteS CREATED PURSUANT TO SECTION 1-7-118 on which to conduct a TEST machine count and hand count. of ballots. The precinct chosen shall have at least fifty ballots for the count. If the results of the machine count and the hand count are identical, then the recount shall MAY be conducted in the same manner as the original ballot count BY A MACHINE COUNT OF THE PERMANENT PAPER RECORDS. SECTION 4. 1-10.5-108, Colorado Revised Statutes, is amended to read: 1-10.5-108. Method of recount. (1) The recount sh |
a TEST machine count and hand count. of ballots. The precinct chosen shall have at least fifty ballots for the count. If the results of the machine count and the hand count are identical, then the recount shall MAY be conducted in the same manner as the original ballot count BY A MACHINE COUNT OF THE PERMANENT PAPER RECORDS. SECTION 4. 1-10.5-108, Colorado Revised Statutes, is amended to read: 1-10.5-108. Method of recount. (1) The recount shall be of the ballots cast PERMANENT PAPER RECORDS OF THE voteS CREATED PURSUANT TO SECTION 1-7-118, and the votes shall be recorded on sheets other than those used at the election. (2) Unless otherwise directed by the secretary of state, the ballots cast PERMANENT PAPER RECORDS shall be recounted utilizing the same procedures, methods, and processes that were utilized for the original count of the ballots cast USED FOR COUNTING PAPER BALLOTS PURSUANT TO PART 3 OF ARTICLE 7 OF THIS TITLE. SECTION 5. Repeal. 1-10.5-110, Colorado Revised Statutes, is rep |