Bill Summary for Bill Number HB09-1186

Date: 02/12/2009

Final
BILL SUMMARY for HB09-1186

HOUSE COMMITTEE ON STATE, VETERANS, & MILITARY AFFAIRS

Votes: View-->	Action Taken:
Moved prepared amendment L.001 (Attachment B). Th Moved prepared amendment L.002 (Attachment D). Th Moved prepared amendment L.003 (Attachment C). Th Moved to refer House Bill 09-1186, as amended, to	Pass Without Objection PASS FAIL PASS

11:21 AM -- House Bill 09-1186

Representative Levy, prime sponsor, presented House Bill 09-1186, concerning elections in which an elector is casting a ballot by mail. Representative Levy explained the provisions of the bill, and discussed why she is sponsoring the bill. Representative Levy also explained the effect of two forthcoming amendments. Representative Levy responded to questions regarding the definition of designated election official. Discussion ensued regarding the effect of the two forthcoming amendments.

11:30 AM

The following persons testified regarding House Bill 09-1186:

11:30 AM -- Ms. Christine Watson, representing the League of Women Voters, testified in favor of the bill. Ms. Watson discussed problems with the inability of voters to drop off mail ballots at polling places in certain counties during the 2008 election. Ms. Watson expressed concern regarding an amendment to the bill allowing persons to collect more than five mail ballots for drop off.

11:33 AM -- Ms. Kristen Thomson, representing the Vote by Mail Project, testified in favor of House Bill 09-1186. Ms. Thomson explained that the best way to accommodate voters is to have uniform requirements for mail ballot drop off. Ms. Thomson also addressed the amendment pertaining to collection of mail ballots.

11:36 AM -- Clerk Stephanie O'Malley, representing the City and County of Denver, Testified in favor of the bill. Clerk O'Malley discussed the benefits of allowing voters to drop off mail ballots at any county polling place, and the number of voters by mail ballot who drop them off versus mailing the ballot. Clerk O'Malley addressed the amount of work involved with allowing ballot drop off, and discussed problems associated with the lack of uniformity for the rules associated with mail ballot drop off during the recent election. Clerk O'Malley responded to questions regarding how polling places monitor the number of ballots that individuals drop off at the polling places, and weighed in on the proper threshold for the number of ballots that should be allowed for drop off. Clerk O'Malley responded to further questions regarding traffic associated with the high rate of mail ballot drop off during the most recent election.

11:46 AM

Clerk O'Malley responded to questions regarding restricting the drop-off of multiple ballots by a person to ballots from within the person's household. Clerk O'Malley responded to further questions regarding monitoring of drop-off boxes at polling sites, and the use of teams for delivering ballots during he 2008 election. Representative Levy clarified the household limitation issue. Clerk O'Malley revisited the threshold for the allowable number of mail ballots to be dropped off by an individual. Discussion ensued regarding the ramifications of allowing an individual to drop off an infinite number of ballots at a polling place. Clerk O'Malley responded to questions regarding what motivated voters to deliver mail ballots to polling places during the recent election.

11:57 AM

Discussion continued regarding mail ballot delivery, and the issue of mail ballot security. Discussion turned to persons who are exempted from the restriction on the number of mail ballots that may be delivered to a polling place. Clerk O'Malley explained the benefits of providing uniformity in law for dropping off mail ballots at polling places, as well as the number of ballots that may be dropped off by an individual. Discussion ensued on these issues. Discussion returned to the mail ballot security issue, and the persons authorized to drop off the ballots. Representative Levy provided further clarification on the household restriction.

12:08 PM -- Ms. Jenny Flanagan, representing Common Cause, testified in favor of House Bill 09-1235. Ms. Flanagan discussed the popularity and benefits of voting by mail, and expressed concerns regarding the lack of uniformity among counties with the rules pertaining to mail ballot drop off, providing evidence of the problems with lack of uniformity experienced during the most recent election.

12:12 PM -- Clerk Jack Arrowsmith and Clerk Hillary Hall, representing the Colorado County Clerks Association, testified in opposition to the bill. Clerk Arrowsmith expressed concerns over the bill's impact on election day voters, and discussed differences in voting preferences among counties. Clerk Arrowsmith also discussed certain potential unintended consequences associated with House Bill 09-1186, and addressed the issue of the number of mail ballots that should be allowed to be droped off by an individual. Clerk Hall provided further input on certain unintended consequences that may occur with the bill's passage, including the impact of the bill on voter turnout and the ability of polling places to accommodate high mail ballot drop off. Discussion ensued regarding the acceptance of mail ballots at polling places in counties that did not allow mail ballot drop off at any polling place during the 2008 election.

12:22 PM

Discussion ensued regarding the ability of small polling places to accommodate large numbers of voters, and polling place crowding during the 2008 election. Discussion followed regarding the potential for polling place mail ballot drop off to supplant larger numbers of mailed ballots, and the impact of the bill on the number of polling sites that are opened in each county. Clerk Hall responded to questions regarding the number of mail ballots collected in Boulder County on election day. Discussion turned to the number of complaints received by counties based on the inability to drop off ballots.

12:32 PM

Discussion turned to the issue of mail ballot collection for delivery to a polling place. Discussion returned to the ability of a voter to drop off a mail ballot at an early voting polling place on election day, and the need for uniformity of mail ballot drop off rules among the counties. Discussion ensued regarding the potential for crafting a compromise between discretion on the part of counties and uniformity among the counties on the issue of mail ballot drop off on election day.

12:42 PM -- Mr. Dan Willis, representing the Democratic Party of Denver, testified regarding the bill. Mr. Willis discussed the party's desire to increase the number of mail ballots that an individual may drop off at a polling place, and addressed the need for uniformity among the counties with regard to the drop off restrictions.

12:44 PM -- Mr. Rich Coolidge, Secretary of State, addressed the issue of how many mail ballots may be dropped off at a polling site by an individual.

12:45 PM -- Ms. Faith Gross, representing the Legal Center for People with Disabilities and Older People, testified in favor of House Bill 09-1186. Ms. Gross discussed the need to keep the threshold for the number of ballots dropped off at a polling place at five ballots in the context of health care facilities.

12:46 PM


BILL:	HB09-1186
TIME:	12:47:04 PM
MOVED:	Todd
MOTION:	Moved prepared amendment L.001 (Attachment B). The motion passed without objection.
SECONDED:	Labuda
		VOTE
	Casso
	Court
	Hullinghorst
	Lambert
	Massey
	McCann
	Miklosi
	Murray
	Nikkel
	Labuda
	Todd

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

12:47 PM

Representative Lambert expressed opposition to prepared amendment L.003 (Attachment C).


BILL:	HB09-1186
TIME:	12:47:26 PM
MOVED:	Todd
MOTION:	Moved prepared amendment L.003 (Attachment C). The motion failed on a 2-9 roll call vote.
SECONDED:	McCann
		VOTE
	Casso	No
	Court	No
	Hullinghorst	No
	Lambert	No
	Massey	No
	McCann	Yes
	Miklosi	Yes
	Murray	No
	Nikkel	No
	Labuda	No
	Todd	No

Not Final YES: 2 NO: 9 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:	HB09-1186
TIME:	12:49:22 PM
MOVED:	Todd
MOTION:	Moved prepared amendment L.002 (Attachment D). The motion passed on a 7-4 roll call vote.
SECONDED:	Court
		VOTE
	Casso	Yes
	Court	Yes
	Hullinghorst	Yes
	Lambert	No
	Massey	No
	McCann	Yes
	Miklosi	Yes
	Murray	No
	Nikkel	No
	Labuda	Yes
	Todd	Yes

Not Final YES: 7 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:	HB09-1186
TIME:	12:50:15 PM
MOVED:	Court
MOTION:	Moved to refer House Bill 09-1186, as amended, to the Committee of the Whole with favorable recommendation. The motion passed on a 7-4 roll call vote.
SECONDED:	Hullinghorst
		VOTE
	Casso	No
	Court	Yes
	Hullinghorst	Yes
	Lambert	No
	Massey	Yes
	McCann	Yes
	Miklosi	Yes
	Murray	No
	Nikkel	No
	Labuda	Yes
	Todd	Yes

Final YES: 7 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS