Second Regular Session Sixty-third General Assembly STATE OF COLORADO INTRODUCED LLS NO. 02-0295.01 Christy Chase HOUSE BILL 02-1243 HOUSE SPONSORSHIP Sinclair SENATE SPONSORSHIP Nichol House Committees Senate Committees State, Veterans, & Military Affairs A BILL FOR AN ACT Concerning mail ballot elections, and, in connection therewith, providing for the verification of signatures in November coordinated mail ballot elections, requiring said signatures and identifying information to be contained on the inside of the return envelope, allowing watchers to observe the processing, receiving, and counting of mail ballots, and requiring the appointment of receiving and counting judges in mail ballot elections. Bill Summary (Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.) Requires the return envelope used in mail ballot elections to contain the eligible elector's name, address, and signed self-affirmation on the inside of the envelope rather than on the outside, and eliminates the requirement that the elector's birth date appear on the envelope. Allows designated election officials to mail the mail ballot packets to registered electors closer to the date of the mail ballot election, and eliminates the exception allowing the secretary of state to approve the mailing of the packets closer to the date of the election. Specifies that in mail ballot elections that are November coordinated elections held in 2005 and later years, the election judge is to scan and compare the signature appearing on the self-affirmation on the inside of the return envelope with the elector's signature on file with the county clerk and recorder's office to determine if the signatures appear to match. Specifies that for the mail ballot election that is a November coordinated election held in 2003, the election judge need only scan and compare those signatures that are contained in the county clerk and recorder's database. If the election judge determines that the signatures do not appear to match, requires 2 other election judges with different political affiliations to simultaneously compare the signatures. After the 2nd comparison, requires the election judges to reject the mail ballot if they determine that the signatures do not appear to match, and requires copies of the signatures to be forwarded to the district attorney for investigation. Entitles each candidate on the mail ballot, the governing body that referred a ballot question or ballot issue appearing on the mail ballot, the petition representatives of an initiated ballot question or ballot issue appearing on the mail ballot, and each issue committee supporting or opposing a ballot question, ballot issue, or recall question appearing on the mail ballot to one watcher per room where mail ballots are being processed or counted. Requires each watcher to sign a certification. Requires the county clerk and recorder or the designated election official to appoint receiving and counting judges in a mail ballot election. Requires said judges that accept the appointment to file an acceptance and take an oath as required by law. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. 1-7.5-103 (5) and (7), Colorado Revised Statutes, are amended to read: 1-7.5-103. Definitions. As used in this article, unless the context otherwise requires: (5) "Mail ballot packet" means the packet of information provided by the designated election official to eligible electors in the mail ballot election. The packet includes the ballot, instructions for completing the ballot, a secrecy envelope, and a return verification envelope. (7) "Return verification envelope" means an envelope that contains the name and address and birth date of, and a self-affirmation to be signed by, an eligible elector voting in a mail ballot election, that contains a secrecy envelope and ballot for the elector, and that is designed to allow election officials, upon examining the signature, name, and address and birth date that appear on the outside inside of the envelope, to determine whether the enclosed ballot is being submitted by an eligible elector who has not previously voted in that particular election. SECTION 2. 1-7.5-106 (1) (a), Colorado Revised Statutes, is amended to read: 1-7.5-106. Secretary of state - duties and powers. (1) In addition to any other duties prescribed by law, the secretary of state, with advice from election officials of the several political subdivisions, shall: (a) Prescribe the form of materials to be used in the conduct of mail ballot elections; except that all mail ballot packets shall include a ballot, instructions for completing the ballot, a secrecy envelope, and a return verification envelope; SECTION 3. 1-7.5-107 (3) (a), (3) (b.5), (4), (5), and (6), Colorado Revised Statutes, are amended to read: 1-7.5-107. Procedures for conducting mail ballot election. (3) (a) Not sooner than twenty-five days before an election, and no later than fifteen ten days before an election, the 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 shall be marked "DO NOT FORWARD. ADDRESS CORRECTION REQUESTED", or any other similar statement that is in accordance with United States postal service regulations. except that with prior approval from the secretary of state, the packets shall be sent no later than ten days before election day. (b.5) (I) The return verification envelope shall have printed on it the inside a self-affirmation substantially in the following form: "I state under penalty of perjury that I am an eligible elector; that my signature, name, and address and birth date are as shown on the inside of this envelope; that I have not and will not cast any vote in this election except by the enclosed ballot; and that my ballot is enclosed in accord with the provisions of the "Uniform Election Code of 1992". .............................. .............................. Date Signature of voter" (II) The signing of the self-affirmation contained on the inside of the return verification envelope shall constitute an affirmation by the voter eligible elector, under penalty of perjury, that the facts stated in the self-affirmation are true. (4) (a) Upon receipt of a ballot, the eligible elector shall mark the ballot, sign and complete the self-affirmation contained on the inside of the return verification envelope, and comply with the instructions provided with the ballot. (b) The eligible elector may return the marked ballot to the designated election official by United States mail or by depositing the ballot at the office of the official or any place designated by the official. The ballot must be returned in the return verification envelope. If an eligible elector returns the ballot by mail, the elector must provide postage. The ballot shall be received at the office of the designated election official or a designated depository, which shall remain open until 7 p.m. on election day. (5) (a) Once the ballot is returned, an election judge shall first qualify the submitted ballot by examining the information contained on the inside of the return verification envelope and comparing the information on in the envelope to the registration records to determine whether the ballot was submitted by an eligible elector who has not previously voted in the election. If the ballot so qualifies pursuant to this subsection (5) and is otherwise valid, the election judge shall indicate in the poll book that the eligible elector cast a ballot open the return-verification envelope, remove the ballot stub, and deposit the ballot in an official ballot box. (b) For November coordinated elections only, the signature of the eligible elector contained on the inside of the return envelope shall be compared with the signature of the eligible elector on file in the county clerk and recorder's office in accordance with the provisions of section 1-7.5-107.3. (6) All deposited ballots shall be counted as provided in this article and by rules promulgated by the secretary of state. A mail ballot shall be valid and counted only if it is returned in the return verification envelope, the self-affirmation contained on the inside of the return envelope is signed and completed by the eligible elector to whom the ballot was issued, and the information on the inside of the return envelope is verified in accordance with subsection (5) of this section. Mail ballots shall be counted in the same manner provided by section 1-7-307 for counting paper ballots or section 1-7-507 for counting electronic ballots. If the election official determines that an eligible elector to whom a replacement ballot has been issued has voted more than once, the official shall not count any ballot cast by the elector. Except as provided in section 1-7.5-107.3, rejected ballots shall be handled in the same manner as provided in section 1-8-310. SECTION 4. 1-7.5-107.5, Colorado Revised Statutes, is amended to read: 1-7.5-107.5. Counting mail ballots - receiving and counting judges. (1) The election officials at the mail ballot counting place may receive and prepare mail ballots delivered and turned over to them by the designated election official for tabulation. Counting of the mail ballots may begin ten days prior to the election and continue until counting is completed. The election official in charge of the mail ballot counting place shall take all precautions necessary to ensure the secrecy of the counting procedures, and no information concerning the count shall be released by the election officials or watchers until after 7 p.m. on election day. (2) The county clerk and recorder or the designated election official shall appoint as many receiving and counting judges in a mail ballot election as are necessary to carry out the responsibilities of this article. Staff members of the designated election official's office may be appointed as receiving and counting judges. Each person appointed as a judge in a mail ballot election who accepts the appointment shall file an acceptance as required by section 1-6-106 and shall take the oath required by section 1-6-114. SECTION 5. Article 7.5 of title 1, Colorado Revised Statutes, is amended BY THE ADDITION OF THE FOLLOWING NEW SECTIONS to read: 1-7.5-107.3. Verification of signatures - November coordinated elections. (1) (a) Except as provided in paragraph (b) of this subsection (1), in every mail ballot election that is a November coordinated election held in 2005 or later years, all signatures on the self-affirmation contained on the inside of the return envelope shall be scanned and compared to the signature of the eligible elector on file in the county clerk and recorder's office. If a signature on the self-affirmation contained on the inside of a return envelope does not match the eligible elector's signature on file, as determined in accordance with the provisions of subsection (2) of this section, the return envelope with the enclosed secrecy envelope containing the voted ballot shall be categorized as incomplete or incorrect, shall be separated from other returned ballots, and shall be processed as required by sections 1-1-103 and 1-9-207 in the manner set forth in subsection (2) of this section. (b) For the mail ballot election that is a November coordinated election held in 2003, the election judge shall scan and compare in accordance with the provisions of paragraph (a) of this subsection (1) only those signatures that are contained in the county clerk and recorder's database. (2) (a) If, upon comparing the signature of the eligible elector on the self-affirmation contained on the inside of the return envelope with the signature of the eligible elector on file with the county clerk and recorder, the election judge determines that the signatures do not appear to match, the signatures shall be simultaneously reviewed and compared by two other election judges, each with a different political affiliation. After reviewing and comparing the signatures, if the two election judges determine that the signatures do not appear to match, copies of the eligible elector's signature on the inside of the return envelope and on file with the county clerk and recorder shall be made. The copies of the signatures shall be forwarded to the district attorney for investigation, and the return envelope with the enclosed secrecy envelope containing the voted ballot shall be rejected and shall not be counted. (b) The original return envelopes with the enclosed secrecy envelope containing the voted ballots that are rejected pursuant to paragraph (a) of this subsection (2) shall be stored in a secure location under seal in the county clerk and recorder's office and separated from other valid return envelopes, unless removed under the authority of the district attorney or any order from a court of competent jurisdiction. (3) If, after comparing the signatures of the eligible elector on the self-affirmation and on file with the county clerk and recorder, the election judges determine that the signatures match, the election judges shall follow the procedures set forth in sections 1-7.5-107 (5) (a) and (6). 1-7.5-113. Watchers. (1) Each candidate appearing on the mail ballot, the governing body that referred a ballot question or ballot issue appearing on the mail ballot, the petition representatives of an initiated ballot question or ballot issue appearing on the mail ballot, and each issue committee that has registered pursuant to the "Fair Campaign Practices Act", article 45 of this title, and that supports or opposes a ballot question, ballot issue, or recall question appearing on the mail ballot, as listed under the purposes of the issue committee, shall be entitled to one watcher per room where mail ballots are being processed or counted to observe the process of preparing mail ballot packets, receiving mail ballot packets from electors, and counting mail ballots. (2) Each person appointed as a watcher shall certify in writing to the county clerk and recorder or the designated election official that the watcher: (a) Was duly appointed by the appropriate person or entity in accordance with the provisions of subsection (1) of this section; (b) Is an eligible elector; (c) Is neither a candidate appearing on the mail ballot nor a member of a candidate's immediate family within the second degree by blood or marriage; (d) Will not reveal to any other person how or for whom a voter has voted or communicate to anyone in any way the watcher's opinion, belief, or impression as to how or for whom a voter has voted; and (e) Will not disclose the results of the vote until the results are formally announced by the designated election official. SECTION 6. Effective date. This act shall take effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution; except that, if a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor.