Senate Committee on State, Veterans & Military Affairs (05/01/2009)

Final
STAFF SUMMARY OF MEETING

SENATE COMMITTEE ON STATE, VETERANS & MILITARY AFFAIRS

Date:	05/01/2009	ATTENDANCE

Time:	01:55 PM to 05:19 PM	Boyd	X
		Cadman	E
Place:	SCR 356	Schultheis	X
		Bacon	X
This Meeting was called to order by		Williams	X
	Senator Williams

This Report was prepared by
	Geoff Johnson
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
HB09-1337 HB09-1336 HB09-1335 HB09-1331		Referred to the Committee of the Whole Referred to the Committee of the Whole Referred to the Committee of the Whole Amended, Referred to Appropriations

01:55 PM

Senator Williams, Chair, called the meeting to order.

01:55 PM -- House Bill 09-1337

Senator Williams, prime sponsor, presented House Bill 09-1337, concerning changes to certain ballot processing deadlines contained in the state election code. She described the provisions of the bill.

The following persons testified in regard to House Bill 09-1337:

01:58 PM -- Al Kolwicz, representing the Colorado Voter Group, opposed House Bill 09-1337. He commented on the early counting of votes and the impact of early counting on campaigns. He said that early counts may affect election results.

02:04 PM -- Mike Scarpello, City and County of Denver, Director of Elections, supported House Bill 09-1337. He commented on the need for clerks to have 15 days to compile election results. He said that votes are not tabulated until election day and that this eliminates the possibility of the early release of results.

02:08 PM -- Harvie Branscomb, representing the Colorado Voter Group, commented on the importance of having relatively brief counting periods. He said that beginning the count on the day of the election is the safest procedure.

02:12 PM -- Hillary Hall, representing the Colorado County Clerks Association, commented on county processes for counting votes. She said that tally results cannot be released until election day, and that this is due to the technology employed by the counties in tabulating election results. She noted that the 15-day time frame was recommended by the Election Reform Commission, and added that there has never been a case prosecuted in Colorado regarding the early release of election results.

02:18 PM -- Pam Anderson, representing the Colorado County Clerks Association, said that Colorado law prohibits the tabulation of election results prior to the closing of the polls. She noted that the Secretary of State has also promulgated security rules relating to tabulation of election results. She commented on the process by which the Election Reform Commission developed its recommendations.

02:25 PM -- Bill Hobbs, Deputy Secretary of State, commented on the activities of the Election Reform Commission. He commented further on measures that are taken to ensure the secrecy of ballots. He said that a definition of the term "counting" in Colorado law is unnecessary. He said that election workers take an oath regarding the integrity of the ballot, and are aware that they commit a crime if they release election results early.

02:50 PM -- Mary Eberle, Coloradans for Voter Integrity, opposed the bill.


BILL:	HB09-1337
TIME:	02:55:49 PM
MOVED:	Williams
MOTION:	Moved that House Bill 09-1337 be referred to the Committee of the Whole. The motion passed on a 3-0-2 roll call vote.
SECONDED:
		VOTE
	Boyd	Yes
	Cadman	Excused
	Schultheis	No
	Bacon	Yes
	Williams	Yes


Final YES: 3 NO: 1 EXC: 1 ABS: 0 FINAL ACTION: PASS

02:56 PM -- House Bill 09-1336

Senator Williams, prime sponsor, presented House Bill 09-1336, concerning the implementation of specific recommendations of the state Election Reform Commission. She described the provisions of House Bill 09-1336.

The following persons testified in regard to House Bill 09-1336:

02:56 PM -- Harvie Branscomb, representing the Colorado Voter Group, said that he supports basic principles to ensure the integrity of elections.

03:10 PM -- Al Kolwicz, representing the Colorado Voter Group, commented on the role of his organization. He commented further on the transparency of elections. He said that the Election Reform Commission did not have access to sufficient technical expertise. He expressed concerns with portions of the bill. He said that the Secretary of State's rule-making process does not allow for sufficient technical input.

03:22 PM -- Jenny Flannagan, representing Colorado Common Cause, commented on the makeup of the Election Reform Commission. She commented on topics which were not addressed by the Election Reform Commission, including translation for non-English speakers.

03:26 PM -- Pam Anderson, representing the Colorado County Clerks, commented on private sector representation on the Election Reform Commission.

03:31 PM -- Hillary Hall, representing the Colorado County Clerks, opposed a proposed amendment to House Bill 09-1336, L.009 (Attachment A). She also commented on the delivery of ballots from a clerk and recorder's office.

03:43 PM -- Troy Bratton, Office of Legislative Legal Services, commented on the bill.

03:44 PM -- Mike Scarpello, representing the City and County of Denver, commented further on the distribution of ballots and the tabulation of votes by county clerks.

03:48 PM -- Pam Anderson, representing the Colorado County Clerks, commented on the importance of addressing process details in rule-making.

03:50 PM -- Mary Eberle, representing Coloradans for Voting Integrity, commented on the proposed amendment to House Bill 09-1336, L. 009 (Attachment A).


BILL:	HB09-1336
TIME:	04:02:13 PM
MOVED:	Williams
MOTION:	Moved that House Bill 09-1336 be referred to the Committee of the Whole. The motion passed on a 3-0-2 roll call vote.
SECONDED:
		VOTE
	Boyd	Yes
	Cadman	Excused
	Schultheis	Excused
	Bacon	Yes
	Williams	Yes


Final YES: 3 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: PASS

04:03 PM -- House Bill 09-1335

Senator Williams, prime sponsor, presented House Bill 09-1335, concerning requirements for voting equipment. She commented on the time-line for converting elections in Colorado to a paper-based system. She commented further in regard to the purchase of election equipment.

The following persons testified in regard to House Bill 09-1335:

04:09 PM -- Jenny Flannagan, Colorado Common Cause, opposed House Bill 09-1335.

04:12 PM -- Al Kolwicz, representing the Colorado Voter Group, opposed House Bill 09-1335, and identified concerns he has with the bill.

04:15 PM -- Harvie Branscomb, representing the Colorado Voter Group, opposed House Bill 09-1335, and commented on the certification process for voting equipment.

04:23 PM -- Mary Eberle, Coloradans for Voting Integrity, opposed House Bill 09-1335.


BILL:	HB09-1335
TIME:	04:52:31 PM
MOVED:	Williams
MOTION:	Moved a prepared amendment to House Bill 09-1335, L.019 (Attachment B). The motion failed on a 0-3-2 roll call vote.
SECONDED:
		VOTE
	Boyd	No
	Cadman	Excused
	Schultheis	Excused
	Bacon	No
	Williams	No


Not Final YES: 0 NO: 3 EXC: 2 ABS: 0 FINAL ACTION: FAIL


BILL:	HB09-1335
TIME:	04:53:04 PM
MOVED:	Williams
MOTION:	Moved a prepared amendment to House Bill 09-1335, L.020 (Attachment C). The motion failed on a 1-2-2 roll call vote.
SECONDED:
		VOTE
	Boyd	No
	Cadman	Excused
	Schultheis	Excused
	Bacon	No
	Williams	Yes


Not Final YES: 1 NO: 2 EXC: 2 ABS: 0 FINAL ACTION: FAIL


BILL:	HB09-1335
TIME:	04:55:44 PM
MOVED:	Williams
MOTION:	Moved a prepared amendment to House Bill 09-1335, L.021 (Attachment D). The motion failed on a 0-3-2 roll call vote.
SECONDED:
		VOTE
	Boyd	No
	Cadman	Excused
	Schultheis	Excused
	Bacon	No
	Williams	No


Not Final YES: 0 NO: 3 EXC: 2 ABS: 0 FINAL ACTION: FAIL


BILL:	HB09-1335
TIME:	05:06:48 PM
MOVED:	Williams
MOTION:	Moved that House Bill 09-1335 be referred to the Committee of the Whole. The motion passed on a 3-0-2 roll call vote.
SECONDED:
		VOTE
	Boyd	Yes
	Cadman	Excused
	Schultheis	Excused
	Bacon	Yes
	Williams	Yes

Final YES: 3 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: PASS

05:07 PM -- House Bill 09-1331

Senator Boyd, prime sponsor, presented House Bill 09-1331, concerning incentives for efficient motor vehicles. She described the provisions of the bill. She said that the bill is widely accepted among the many interested parties that participated in its development.

05:11 PM -- Angie Fyfe, representing the Governor's Energy Office, commented on changes to the alternative vehicle fuel tax credit that will be made under House Bill 09-1331.


BILL:	HB09-1331
TIME:	05:17:17 PM
MOVED:	Boyd
MOTION:	Moved a prepared amendment to House Bill 09-1331, L.005 (Attachment E). The motion passed without objection.
SECONDED:
		VOTE
	Boyd
	Cadman	Excused
	Schultheis
	Bacon
	Williams


Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB09-1331
TIME:	05:17:32 PM
MOVED:	Boyd
MOTION:	Moved a prepared amendment to House Bill 09-1331, L.006 (Attachment F). The motion passed without objection.
SECONDED:
		VOTE
	Boyd
	Cadman	Excused
	Schultheis
	Bacon
	Williams


Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB09-1331
TIME:	05:18:57 PM
MOVED:	Boyd
MOTION:	Moved that House Bill 09-1331 be referred to the Committee on Appropriations, as amended. The motion passed on a 3-0-2 roll call vote.
SECONDED:
		VOTE
	Boyd	Yes
	Cadman	Excused
	Schultheis	Excused
	Bacon	Yes
	Williams	Yes

Final YES: 3 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: PASS

05:19 PM

The committee meeting adjourned.