House Committee on State, Veterans, & Military Affairs (04/15/2013)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON STATE, VETERANS, & MILITARY AFFAIRS

Date:	04/15/2013	ATTENDANCE

Time:	01:34 PM to 10:45 PM	Dore	X
		Foote	X
Place:	LSB A	Humphrey	X
		Levy	X
This Meeting was called to order by		Melton	X
	Representative Ryden	Moreno	X
		Nordberg	X
This Report was prepared by		Scott	X
	Bo Pogue	Williams	X
		Salazar	X
		Ryden	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
HB13-1299 HB13-1292 HB13-1303		Amended, Referred to the Committee of the Whole Amended, Referred to Finance Amended, Referred to Appropriations

01:35 PM -- House Bill 13-1299

The committee was called to order. A quorum was present. Representative Ryden explained some changes to the order in which the bills would be heard. Speaker of the House Mark Ferrandino, prime sponsor, presented House Bill 13-1229, concerning changes to the "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" of 2010. Committee members received a chart outlining the functions of seven standing interim committees created by the bill (Attachment A), and a chart explaining the effect of numerous forthcoming amendments (Attachment B). Speaker Ferrandino explained the effect of the legislation. Speaker Ferrandino responded to questions regarding how the interim committees created by House Bill 13-1299 would work with the Joint Budget Committee, and the status of the Transportation Legislation Review Committee under the bill. Speaker Ferrandino responded to further questions regarding the agendas of the interim committees created by the bill. Discussion ensued regarding how the bill affects the work of the Legislative Council Committee.

13HseState0415AttachA.pdf

13HseState0415AttachB.pdf

01:45 PM

No one testified regarding House Bill 13-1299. Speaker Ferrandino explained the effect of six amendments to House Bill 13-1299.


BILL:	HB13-1299
TIME:	01:48:50 PM
MOVED:	Salazar
MOTION:	Adopt amendment L.001 (Attachment C). The motion passed without objection. 13HseState0415AttachC.pdf
SECONDED:	Moreno
		VOTE
	Dore
	Foote
	Humphrey
	Levy
	Melton
	Moreno
	Nordberg
	Scott
	Williams
	Salazar
	Ryden

YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB13-1299
TIME:	01:49:10 PM
MOVED:	Salazar
MOTION:	Adopt amendment L.003 (Attachment D). The motion passed without objection. 13HseState0415AttachD.pdf
SECONDED:	Williams
		VOTE
	Dore
	Foote
	Humphrey
	Levy
	Melton
	Moreno
	Nordberg
	Scott
	Williams
	Salazar
	Ryden

YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB13-1299
TIME:	01:49:39 PM
MOVED:	Salazar
MOTION:	Adopt amendment L.004 (Attachment E). The motion passed without objection. 13HseState0415AttachE.pdf
SECONDED:	Melton
		VOTE
	Dore
	Foote
	Humphrey
	Levy
	Melton
	Moreno
	Nordberg
	Scott
	Williams
	Salazar
	Ryden

YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB13-1299
TIME:	01:49:59 PM
MOVED:	Salazar
MOTION:	Adopt amendment L.005 (Attachment F). The motion passed without objection. 13HseState0415AttachF.pdf
SECONDED:	Melton
		VOTE
	Dore
	Foote
	Humphrey
	Levy
	Melton
	Moreno
	Nordberg
	Scott
	Williams
	Salazar
	Ryden

YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB13-1299
TIME:	01:50:21 PM
MOVED:	Salazar
MOTION:	Adopt amendment L.006 (Attachment G). The motion passed without objection. 13HseState0415AttachG.pdf
SECONDED:	Melton
		VOTE
	Dore
	Foote
	Humphrey
	Levy
	Melton
	Moreno
	Nordberg
	Scott
	Williams
	Salazar
	Ryden

YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB13-1299
TIME:	01:50:39 PM
MOVED:	Salazar
MOTION:	Adopt amendment L.007 (Attachment H). The motion passed without objection. 13HseState0415AttachH.pdf
SECONDED:	Williams
		VOTE
	Dore
	Foote
	Humphrey
	Levy
	Melton
	Moreno
	Nordberg
	Scott
	Williams
	Salazar
	Ryden

YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB13-1299
TIME:	01:51:24 PM
MOVED:	Melton
MOTION:	Refer House Bill 13-1299, as amended, to the Committee of the Whole. The motion passed on a vote of 11-0.
SECONDED:	Salazar
		VOTE
	Dore	Yes
	Foote	Yes
	Humphrey	Yes
	Levy	Yes
	Melton	Yes
	Moreno	Yes
	Nordberg	Yes
	Scott	Yes
	Williams	Yes
	Salazar	Yes
	Ryden	Yes

Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

01:52 PM

The committee recessed.

01:54 PM -- House Bill 13-1292

The committee returned to order. Representatives Lee and Pabon, prime sponsors, presented House Bill 13-1292, concerning modifications to procurement requirements for government contracts related to United States domestic employment. The committee heard testimony on the bill at its April 8th meeting. Representative Pabon discussed some potential amendments to the bill, and Representative Lee discussed the specifics of a pair of forthcoming amendments.

02:00 PM

The following persons testified regarding House Bill 13-1292:

02:01 PM -- Mr. Kurt Morrison, representing the Department of Transportation (CDOT), testified regarding the bill. Mr. Morrison explained that the bill does not have a large direct impact on his agency, but expressed some concerns about costs associated with the bill and the impact of these costs on the number of projects the department may undertake. Mr. Morrison responded to questions regarding the impact of these higher costs on employment in the private sector. Mr. Morrison responded to further questions regarding the potential impact of the bill on the number of construction projects that CDOT would be able to contract. Mr. Morrison responded to questions regarding CDOT's hiring process in parts of the state near the state border, and the number of projects undertaken by CDOT involving federal funds. Discussion ensued regarding the applicability of certain provisions of the bill to CDOT's contracting, and burdens associated with accepting federal funds for construction projects.

02:10 PM -- Mr. Chad Marturano, representing the Department of Higher Education, testified regarding House Bill 13-1292. Mr. Murturano discussed the fiscal impact of the bill, and the annual value of capital construction undertaken by higher education institutions. Discussion ensued regarding the cost increases cited in the bill's fiscal note, and forthcoming amendments to address these increases.

02:12 PM -- Ms. Dara Hessee and Ms. Thirza Kennedy, representing the Office of Information Technology (OIT), testified regarding the bill from a neutral position. Ms. Hessee read a letter authored by Ms. Kristin Russell, the Secretary of Information for OIT, expressing concerns about the bill and its costs. Ms. Hessee discussed the potential impact of the bill on the operations of OIT. Ms. Hessee responded to questions regarding exemptions in the bill for certain information technology project components.

02:20 PM -- Mr. Patrick Teegarden, representing the Department of Labor and Employment, testified regarding House Bill 13-1292 from an informational perspective. Mr. Teegarden discussed his department's duties under the bill. Mr. Teegarden responded to questions regarding the number of employees his department would need to hire to comply with the bill.

02:21 PM -- Mr. Jack Wylie, representing the Department of Personnel and Administration, testified on the bill from a neutral position. Mr. Wylie discussed some forthcoming amendments to the bill.

02:24 PM -- Mr. Tony Milo, representing the Colorado Contractors Association, testified regarding House Bill 13-1292 from a neutral position. Mr. Milo discussed some forthcoming amendments to the bill that brought his association's position from opposed to neutral.

02:25 PM -- Mr. Ralph Lufen, representing the National Electrical Contractors Association, testified on the bill from a neutral position. Mr. Lufen discussed some concerns his organization has with the bill. He discussed some of the more costly components of electrical contracting work, and potential difficulties associated with sourcing the manufacturing countries of origin of these components.

02:29 PM -- Mr. Jeff Weist, representing the Association of General Contractors, the Colorado Competitive Council, and the Colorado Association of Mechanical and Plumbing Contractors, testified on the bill from a neutral position. Mr. Weist explained how the organizations he represents arrived at their neutral position. Mr. Weist responded to questions regarding concerns raised about requirements in the bill related to estimating certain construction cost components, and sourcing of the country of origin of construction components.


BILL:	HB13-1292
TIME:	02:33:16 PM
MOVED:	Salazar
MOTION:	Adopt amendment L.001 (Attachment I), severed section 1 (page 1, line 1). The motion passed without objection. 13HseState0415AttachI.pdf
SECONDED:	Williams
		VOTE
	Dore
	Foote
	Humphrey
	Levy
	Melton
	Moreno
	Nordberg
	Scott
	Williams
	Salazar
	Ryden

YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB13-1292
TIME:	02:39:23 PM
MOVED:	Scott
MOTION:	Adopt amendment L.004 (Attachment J) as a substitute for amendment L.001, severed section 2 (page 1, lines 2 through 9). The motion failed on a vote of 4-7. 13HseState0415AttachJ.pdf
SECONDED:	Dore
		VOTE
	Dore	Yes
	Foote	No
	Humphrey	Yes
	Levy	No
	Melton	No
	Moreno	No
	Nordberg	Yes
	Scott	Yes
	Williams	No
	Salazar	No
	Ryden	No

YES: 4 NO: 7 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:	HB13-1292
TIME:	02:45:53 PM
MOVED:	Salazar
MOTION:	Adopt amendment L.001, severed section 2 (page 1, lines 2 through 9). The motion passed on a vote of 10-1.
SECONDED:	Williams
		VOTE
	Dore	Yes
	Foote	Yes
	Humphrey	No
	Levy	Yes
	Melton	Yes
	Moreno	Yes
	Nordberg	Yes
	Scott	Yes
	Williams	Yes
	Salazar	Yes
	Ryden	Yes

YES: 10 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:	HB13-1292
TIME:	02:46:47 PM
MOVED:	Salazar
MOTION:	Adopt amendment L.002 (Attachment K). The motion passed without objection. 13HseState0415AttachK.pdf
SECONDED:	Moreno
		VOTE
	Dore
	Foote
	Humphrey
	Levy
	Melton
	Moreno
	Nordberg
	Scott
	Williams
	Salazar
	Ryden

YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB13-1292
TIME:	02:48:05 PM
MOVED:	Salazar
MOTION:	Adopt amendment L.003 (Attachment L). The motion passed without objection. 13HseState0415AttachL.pdf
SECONDED:	Williams
		VOTE
	Dore
	Foote
	Humphrey
	Levy
	Melton
	Moreno
	Nordberg
	Scott
	Williams
	Salazar
	Ryden

YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

02:49 PM

Representative Lee addressed concerns expressed about House Bill 13-1292 by Ms. Hessee.


BILL:	HB13-1292
TIME:	02:51:12 PM
MOVED:	Salazar
MOTION:	Refer House Bill 13-1292, as amended, to the Committee on Finance. The motion passed on a vote of 7-4.
SECONDED:	Moreno
		VOTE
	Dore	No
	Foote	Yes
	Humphrey	No
	Levy	Yes
	Melton	Yes
	Moreno	Yes
	Nordberg	No
	Scott	No
	Williams	Yes
	Salazar	Yes
	Ryden	Yes

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

02:52 PM

The committee recessed.

03:03 PM -- House Bill 13-1303

The committee returned to order. Representative Ryden explained how the hearing would be conducted for House Bill 13-1303. Representatives Hullinghorst and Pabon, prime sponsors, presented House Bill 13-1303, concerning measures to strengthen the participation of individuals in the electoral process, and, in connection therewith, reducing the minimum durational requirement for an elector to qualify as a state resident, allowing electors to register to vote through election day, repealing the category of voter inactivity triggered by an elector's failure to vote, requiring mail ballots to be sent to active electors for elections conducted under the "Uniform Election Code of 1992," and replacing polling places with voter service and polling centers and ballot drop-off locations for mail ballot elections. Representative Pabon discussed the merits of the bill, and explained the effect of the various components of the legislation. Representative Pabon discussed the process by which House Bill 13-1303 was drafted. Representative Hullinghorst discussed the merits of the bill, and also explained the effect of certain portions of the bill.

03:14 PM

Representative Hullinghorst continued to explain the effect of certain provisions of House Bill 13-1303, discussing the merits of these provisions. Discussion ensued regarding amendments made by the bill to current law about voting twice in an election. Ms. Kate Meyer, Office of Legislative Legal Services, clarified the effect of these changes. Discussion followed regarding the potential for amending these provisions, and the original intent of the changes made to current law.

03:26 PM

Discussion continued regarding amendments made by the bill to current law about voting twice in an election. Discussion ensued regarding the need for House Bill 13-1303. Representative Pabon responded to questions regarding amendments made by the bill to current law pertaining to how a jurisdiction may change the location of a polling place. Representative Hullinghorst provided clarification regarding the intent of these changes. Discussion followed regarding the potential for a reduction in the number of polling places under the bill.

03:38 PM

Representative Hullinghorst responded to questions regarding the benefits of voting centers for those who have misidentified their precinct polling places during past elections. Representatives Pabon and Hullinghorst responded to questions regarding changes to the residency requirements for voting under House Bill 13-1303. Ms. Meyer provided clarification regarding these residency requirement changes. Representative Pabon responded to questions regarding the potential for amending these provisions. Discussion ensued regarding a change in the bill to the date by which counties must conduct risk-limiting audits after elections. Discussion followed regarding mail ballot self-affirmations under the bill.

03:49 PM

Discussion ensued regarding potential safeguards against disruptions in the online voter registration process under House Bill 13-1303. Discussion followed regarding several forthcoming amendments to the bill. The following persons testified regarding House Bill 13-1303:

03:55 PM -- Ms. Pam Anderson, Ms. Hillary Hall, and Ms. Tiffany Lee Parker, representing the Colorado County Clerks Association, testified regarding the bill. Ms. Anderson provided background on efforts to create a comprehensive approach to changing Colorado election law, and discussed support by the county clerks for the bill. Ms. Anderson discussed the complexities of Colorado's election law, and explained the benefits of specific provisions in the bill in the areas of efficiency, voter convenience, and modernization. Ms. Hall discussed the need to modernize and simplify Colorado election law, and further explained the benefits of the bill to voters in the area of convenience. Ms. Hall discussed voting security under the bill, and changes to voter registration made by the bill. Committee members received a flow charter indicating the benefits of House Bill 13-1303 to voters in terms of voting choice and convenience (Attachment M). Ms. Parker discussed the benefits realized in Oregon when it went to an all-mail-balloting election process, and certain differences between House Bill 13-1303 and Oregon election law. Ms. Parker explained that current election law creates unnecessary confusion, and cited a poll conducted in Oregon concerning the changes in mail balloting.

13HseState0415AttachM.pdf

04:09 PM

Discussion ensued regarding how the statewide voter registration system (SCORE) works, and the speed of data tracking by the SCORE system. Ms. Anderson responded to questions regarding the use of provisional ballots in Colorado. Ms. Hall responded to questions regarding the reasons provisional ballots are issued. Ms. Anderson responded to questions regarding the Colorado County Clerks Association's decision-making process. Discussion followed regarding how widespread the use of mail balloting and vote centers is in Colorado, and the mechanisms for combatting vote fraud under current law and under House Bill 13-1303.

04:24 PM

Discussion ensued regarding how the county clerks are prepared to implement House Bill 13-1303 for the 2014 election. Ms. Anderson discussed the benefits of the bill in the area of cost savings to the counties.

04:30 PM -- Mr. Garett Reppenhagen, representing Vote Vets, testified in support of the bill. Mr. Reppenhagen was joined by Ms. Carol Tone, representing the League of Women Voters, and Ms. Faith Gross, representing the Legal Center for People with Disabilities and Older People. Mr. Reppenhagen discussed the challenges faced by members of the armed services serving overseas as they attempt to vote, and spoke in support of making it easier for people to vote. Ms. Gross discussed the benefits of House Bill 13-1303 in terms of voting access to certain populations. Ms. Tone explained that the bill simplifies, modernizes, and standardizes voting in Colorado, citing the benefits of specific provisions in the bill.

04:40 PM -- Ms. Debra Johnson and Ms. Amber McReynolds, representing the Denver Elections Division and the Colorado County Clerks Association, testified in support of House Bill 13-1303. Ms. Johnson discussed the benefits of eliminating the "inactive-failed to vote" function in Colorado election law, and provided background on this provision. Ms. McReynolds explained how the bill helps counties maintain voter lists. Committee members received a flow chart explaining the change-of-address process (Attachment N). Ms. McReynolds explained the contents of Attachment N, and discussed the number of address changes in Colorado. Ms. McReynolds discussed potential cost savings under the bill for list maintenance. Committee members also received a flow chart entitled "Denver Elections Division - Treatment of Felon and Deceased Voters (Attachment O), and a chart showing Denver's options for voting at a service center (Attachment P).

13HseState0415AttachN.pdf

13HseState0415AttachO.pdf

13HseState0415AttachP.pdf

04:48 PM

Discussion ensued regarding cost savings as a result of signature validation on mail ballots under HB 13-1303. Discussion followed regarding safeguards for avoiding technology failures on election day under the bill. Ms. McReynolds responded to questions regarding delaying implementation of county risk limiting audits under the bill. Discussion returned to changes to residency requirements for voting by the bill.

04:58 PM -- Ms. Elena Nunez, representing Common Cause, testified in support of the bill. Ms. Nunez discussed a coalition seeking to increase voter participation, and current barriers to voting. Ms. Nunez explained how House Bill 13-1303 helps to remove these barriers. Discussion ensued regarding the bill's influence in the areas of voting integrity and voter fraud. Ms. Nunez responded to questions regarding voting security elements in the bill. Discussion followed regarding same day voter registration in other states, and identification requirements for such registration in other states. Ms. Nunez responded to questions regarding identification requirements for voting purposes under the bill.

05:08 PM -- Mr. Joe Neguse, University of Colorado Regent representing New Era Colorado, testified in support of House Bill 13-1303. Mr. Neguse discussed the importance of expanding voter registration, and explained how the bill will benefit the higher education population as they attempt to navigate the voting process.

05:11 PM -- Ms. Ana Yolanda Nucete, representing herself, testified in support of the bill. Ms. Nucete discussed her naturalization as a citizen, and explained how changes to the voter registration deadlines by the bill will benefit newly naturalized citizens.

05:14 PM -- Ms. Pamela Gould, representing herself, testified in support of the bill. Ms. Gould supported the bill because it makes voting easier for busy parents.

05:17 PM -- Mr. Scott Gessler, Colorado Secretary of State, testified in opposition to House Bill 13-1303. Secretary Gessler explained that the bill was drafted without input from his office and others, and rebutted earlier testimony about the SCORE system. Secretary Gessler discussed the fiscal impact of the bill, and explained that the bill will be difficult to implement from a cost perspective. Secretary Gessler discussed public opinion about certain provisions in the bill, and the need for the legislature to hear additional voices on the subject of election law. Discussion ensued regarding the ability of the Office of the Secretary of State to participate in drafting the bill, and the fiscal impact of the bill, including potential cost savings for counties.

05:27 PM

Discussion continued regarding potential cost savings to counties under House Bill 13-1303, and the fiscal analysis of the bill. Secretary Gessler responded to questions regarding specific provisions in the bill that may be difficult for the Department of State to implement.

05:39 PM

Secretary Gessler responded to questions regarding comments he made about the bill in the media, and his reservations about the bill in several specific areas, including voter fraud, problems with same-day registration, and the necessity for the legislation. Secretary Gessler discussed the reduction in physical polling places by House Bill 13-1303. Secretary Gessler responded to questions regarding choices available for voting under the vote center model. Discussion ensued regarding the exclusion of certain parties from the bill drafting process, and the process observed in hearing the bill in committee.

05:49 PM

Secretary Gessler responded to questions regarding the resources required to implement House Bill 13-1303. Discussion returned to the exclusion of certain parties, including the Department of State, from the crafting of the bill. Discussion again turned to the fiscal impact of the bill, as documented by the fiscal note.

06:02 PM

Discussion continued regarding costs associated with implementing House Bill 13-1303. Mr. Bill Zepernick, Legislative Council Staff, provided input regarding the drafting of the fiscal note, explaining cost estimation differences between Legislative Council Staff and the Department of State for implementing the bill. Discussion ensued regarding these differences. Mr. Trevor Timmons, representing the Department of State, provided input regarding cost estimates for implementing the bill. Mr. Timmons responded to questions regarding the specific information technology costs associated with implementing the bill, and the need to outsource certain aspects of its implementation. Mr. Timmons responded to further questions about the increased costs for information technology contracting assumed by the Department of State for implementing the bill, as compared to standard contracting costs for state projects.

06:14 PM

Secretary Gessler responded to questions regarding how same-day registration will be conducted under House Bill 13-1303, and how the SCORE system currently operates.

06:17 PM -- Ms. Marisol Cruz, representing herself, testified in support of the bill. Ms. Cruz explained how she came to be classified as an inactive voter, and spoke against laws that create barriers to voting.

06:21 PM -- Mr. Maurice Jones and Ms. Lisa Cyriacks, representing themselves, testified in opposition to the bill. Committee members received a chart indicating duplicate ballots for a recent election in the Town of Center (Attachment Q). Mr. Jones discussed voter fraud in his community, citing statistics from a recent recall election that produced some voting irregularities. Ms. Cyriacs also discussed some voting discrepancies in her county, and difficulties experienced by residents of rural counties when attempting to vote. Mr. Jones responded to questions regarding the number of prosecutions in Saguache County for violating residency requirements.

13HseState0415AttachQ.pdf

06:27 PM -- Mr. George Welsh, representing himself, and Mr. Julio Paez, representing himself, testified in opposition to the bill. Mr. Welsh discussed his experience with voting in a recall election in Saguache County, and possible voter irregularity issues that may be exacerbated by House Bill 13-1303. Mr. Welsh discussed voter confidence in elections. Mr. Paez discussed the potential for voter fraud to occur under the bill, and discussed unethical activities he observed during a recent election in the Town of Center. Mr. Paez discussed the lack of enforcement for voting violations, particularly at the municipal level, and explained that the bill does not address these issues. He also discussed voter intimidation in rural areas.

06:37 PM -- Ms. Melodee Hallett, representing herself, testified in opposition to House Bill 13-1303. Ms. Hallett discussed the lack of a chain of custody for mail ballots in rural areas, as well as the lack of enforcement of election laws.

06:39 PM -- Ms. Janice Taylor, representing herself, testified in opposition to the bill. Ms. Taylor spoke in favor of fair and transparent elections, and spoke against changing election law, which she says is functional.

06:42 PM -- Mr. Ron Michel, representing himself, testified in opposition to House Bill 13-1303. Mr. Michel questioned the lack of measures in the bill to gauge its success, and discussed the duty of voters to assert themselves in exercising their franchise. Mr. Michel discussed rates of voting. Mr. Michel questioned the necessity of same-day voter registration.

06:45 PM -- Ms. Cindy Acree, representing herself, testified in opposition to the bill. Ms. Acree cited data on costs associated with same-day registration compiled by the National Conference of State Legislatures, and the potential for voter fraud under same-day registration. Ms. Acree questioned how local polling centers will implement the bill.

06:49 PM -- Mr. Jim August, representing himself, testified in opposition to the bill. Committee members received a packet of background information prepared by Mr. August (Attachment R). Mr. August discussed his experiences as a poll watcher during the 2012 election, citing irregularities in the treatment of mail ballots, and discussed the insecurity of the chain of custody associated with mail balloting. Mr. August explained that House Bill 13-1303 will compound this insecurity, and called for a risk analysis of the voting system.

13HseState0415AttachR.pdf

06:54 PM -- Mr. Wayne Williams, El Paso County Clerk, testified in opposition to the bill. Mr. Williams explained that his office did not have an opportunity to provide input when the bill was being drafted, and discussed the elimination of community voting by the bill. Committee members received copies of forms from a voter registration drive with evidence of multiple entries for one person (Attachment S). Mr. Williams discussed an incidence of voter fraud documented in Attachment S, and explained how House Bill 13-1303 would eliminate the ability to catch fraud incidents of this type. Mr. Williams explained how vote fraud can be perpetrated, and addressed earlier testimony regarding the "inactive - failed to vote" status. Mr. Williams explained why the time for submitting a mail ballot will soon be shortened for certain rural residents, and provided input on the costs to counties associated with implementing House Bill 13-1303, referencing a chart detailing projected costs for the 2014 election in El Paso County (Attachment T). Mr. Williams questioned the necessity for a number of provisions in the bill, and discussed the impact of the bill on voter choice. Discussion ensued regarding the potential impact of the bill on the incidence of voter fraud.

13HseState0415AttachS.pdf

13HseState0415AttachT.pdf

07:06 PM
Mr. Williams was asked to compare the emergency voter registration process and the same-day registration process, and the information required from a voter to register under these processes. Mr. Williams discussed the potential for voter fraud and other problems under same-day voter registration. Mr. Williams responded to questions regarding his assertion that House Bill 13-1303 pushes voters in the direction of mail balloting, and the ability of voters to vote in person under the bill.

07:16 PM

Discussion ensued regarding the number of voter fraud cases referred in the 4th Judicial District in recent years, and the potential effect of the bill on a recall election in El Paso County.

07:19 PM -- Mr. Bill Denny, representing himself, testified in opposition to House Bill 13-1303. Mr. Denny questioned the necessity of the bill in light of increasing voter turnout in recent years, and discussed the potential for an increase in voter fraud under the bill.

07:23 PM -- Ms. Sue Luenser, representing herself, testified in opposition to the bill. Ms. Luenser discussed increased voter participation rates in Colorado during recent elections, and questioned the need for the bill in light of this increase. Ms. Luenser discussed the potential for voter fraud to occur under the bill, and recounted her experiences as a poll worker in 2012.

07:26 PM -- Ms. Barb Burget, representing herself, testified in opposition to the bill. Ms. Burget spoke in opposition to same-day voter registration, and discussed the preference for voting in precincts among the older population. She discussed delays experienced in voting in recent elections.

07:30 PM -- Ms. Margit Johansson, representing herself, testified in opposition to the bill. Committee members received a letter from Ms. Johansson summarizing her objections to the bill (Attachment U). Ms. Johansson discussed the risks of mail balloting as compared to in-person voting, and the impact of voter fraud on election integrity. Ms. Johansson discussed the voter fraud prosecution rate, noting one such case in Colorado.

13HseState0415AttachU.pdf

07:34 PM -- Ms. Mary Eberle, representing herself, testified in opposition to the bill. Committee members received copies of her testimony (Attachment V). Ms. Eberle read her testimony to the committee, and questioned the process for turning in a mail ballot.

13HseState0415AttachV.pdf

07:38 PM -- Ms. Celeste Gamache, representing herself, testified in opposition to House Bill 13-1303. Ms. Gamache discussed the responsibilities of being a voter, and her experience with voting as a member of the armed services. She spoke in support of voting in person, and spoke against voter fraud. Ms. Gamache responded to questions regarding a pilot program instituted in Colorado for internet voting by overseas voters.

07:42 PM -- Mr. Alex Hornaday, representing himself, testified in opposition to House Bill 13-1303. Mr. Hornaday questioned a provision in the bill pertaining to self-affirmation of mail ballots, and discussed cases he has litigated pertaining to voter fraud.

07:45 PM -- Mr. Andrew Struttman, representing himself, testified in opposition to House Bill 13-1303. Mr. Struttman discussed the elimination of precinct voting by the bill, and its impact on communities.

07:48 PM -- Mr. Jack Arrowsmith, Douglas County Clerk, testified in opposition to the bill. Mr. Arrowsmith discussed the ability to utilize the SCORE system under the bill, and changing the deadline for registering to vote under the bill and its impact on county clerks. Mr. Arrowsmith responded to questions from Representative Salazar concerning the process for emergency registration. Mr. Arrowsmith discussed the documentation required for emergency registration. Representative Foote sought data concerning the number of people who have been prosecuted for voter fraud offenses in Douglas County. Discussion returned to changes to the voter residency requirements under the bill. Committee members received a document that compiles Mr. Arrowsmith's objections to the bill (Attachment W).

13HseState0415AttachW.pdf

07:58 PM -- Mr. Matt Crane, Arapahoe County Clerk, testified in opposition to the bill. Mr. Crane discussed costs to counties associated with the bill. Mr. Crane also spoke against same-day registration, and made suggestions on how to provide safeguards against voter fraud if same-day registration is enacted. Mr. Crane responded to questions regarding the number of voter fraud cases that have been referred to the courts in recent years, and the use of same-day registration by Arapahoe County. Mr. Crane responded to further questions about the impact of emergency voter registration on election fraud. Discussion ensued regarding the use of provisional balloting and the potential for voter fraud. Discussion followed regarding the differences between emergency voter registration and same-day registration.

08:05 PM -- Mr. Smith Young, representing himself, testified in opposition to House Bill 13-1303. Mr. Young explained why the bill is un-American, and discussed inducements that were offered to register to vote in recent elections.

08:07 PM -- Mr. Jeff Kelly, representing himself, testified in opposition to House Bill 13-1303. Mr. Kelly spoke against same-day registration, and discussed the ease with a person could register to vote fraudulently under such a system. Discussion ensued regarding the use of the SCORE system to prevent voter registration fraud.

08:13 PM -- Mr. Steve Brown, representing himself, testified in opposition to the bill. Mr. Brown discussed instances of voter fraud nationwide, and the rate of prosecution of such fraud.

08:15 PM -- Mr. Dave Miley, representing himself, testified in opposition to the bill. Mr. Miley questioned the necessity for the bill, discussed costs associated with the bill, and discussed the potential election day administrative burdens that may result if the bill is passed. Mr. Miley discussed the need for informed voters, and recapped his points of opposition to the bill.

08:19 PM -- Mr. Jacob Viano, representing himself, testified in opposition to House Bill 13-1303. Mr. Viano discussed the different methods by which a person may register to vote under current law, and his experience as an election judge in the 2012 election. Mr. Viano discussed the efficacy of the current voting system.

08:21 PM -- Ms. Florence Sebern, representing herself, testified in opposition to the bill. Ms. Sebern discussed her experience as an election worker, and explained how same-day voter registration will compound election day waits by voters. Ms. Sebern discussed the amount of training necessary to be an election worker, and explained how the bill will burden such workers.

08:25 PM -- Mr. Jim Fletcher, representing Colorado Voices Unite, testified in opposition to the bill. Mr. Fletcher discussed his experience as a poll worker, explaining the lack of security associated with mail ballots. He also discussed his experience with citizen oversight of ballot processing centers.

08:27 PM -- Mr. Anthony Martin, representing the Community College of Aurora, testified in opposition to House Bill 13-1303. Mr. Martin questioned the existence of the problems that this bill seeks to address, and discussed the responsibility of voters to exercise their franchise.

08:30 PM -- Ms. Wendy Warner, representing the Denver County Republican Party, testified in opposition to the bill. Ms. Warner discussed the inaccuracy of the state's voter lists, and the sending of mail ballots to those listed under the provisions of the bill. Ms. Warner discussed the potential for voter fraud under increased mail balloting, and cited voter irregularities during the 2012 election.

08:33 PM -- Mr. Joel Levitt, representing himself, testified in opposition to House Bill 13-1303. Mr. Levitt discussed the potential for voter fraud under the provisions of the bill, and the use of a utility bill as identification for voting purposes. Mr. Levitt discussed the history of voting irregularity.

08:36 PM -- Mr. Joe Miller, representing himself, testified in opposition to the bill. Mr. Miller discussed his experience as a poll worker, and the training required to be an effective poll worker. He discussed the potential for someone to use his identity to vote, and the costs to hire information technology consultants.

08:38 PM -- Mr. Danny Stroud, representing himself, testified in opposition to House Bill 13-1303. Mr. Stroud discussed his employment history, which required him to relocate often, and explained that he voted throughout these relocations. Mr. Stroud discussed problems his daughters have experienced in voting due to relocations, and questioned the need to fix the current election system in Colorado.

08:40 PM -- Ms. Judy Merkel, representing herself, testified in opposition to the bill. Ms. Merkel discussed her work on political campaigns and as a poll watcher, and voting infractions she witnessed as a poll watcher, particularly electioneering infractions. She questioned how the provisions of the bill would be enforced.

08:43 PM -- Ms. Karen Christopher, representing Colorado Voices Unite, testified in opposition to House Bill 13-1303. Ms. Christopher discussed her work on elections. Ms. Christopher urged the committee to allow the elderly population to vote in the manner it wishes, and discussed intimidation of the elderly in residential facilities by election officials when voting. Ms. Christopher discussed protections of those in residential living under state law, and the elimination of these protections by the bill. She asked that Section 1-8-112, C.R.S., not be repealed, and discussed the security of ballots in residential facilities.

08:50 PM -- Mr. Larry Singer, representing himself, testified in opposition to the bill. Mr. Singer discussed problems he witnessed as a poll watcher in an election mail processing center, and the lack of oversight of such centers under the bill. He discussed a ballot initiative with provisions similar to House Bill 13-1303 that was defeated in Colorado, and oversight of affidavit signatures on mail ballots. Mr. Singer provided some input on how to increase election security.

08:55 PM -- Ms. Terri Carver, representing herself, testified in opposition to House Bill 13-1303. Ms. Carver discussed her experience with state election law as a military attorney. She commended efforts to increase voter participation but suggested that House Bill 13-1303 is a misguided attempt to increase participation. Ms. Carver discussed security issues associated with relying on information technology architecture to manage election resources. Ms. Carver discussed the loss of civic responsibility as elections are increasingly conducted by mail.

08:58 PM -- Ms. Amy Mitchell, representing herself, testified in opposition to the bill. Ms. Mitchell discussed the efficacy of the current voting system, and questioned the need for the bill. Ms. Mitchell discussed the potential for voter fraud under the provisions of the bill, and the disposition of mail ballots that are not used.

09:01 PM -- Mr. Gene Bruhn, representing himself, testified in opposition to House Bill 13-1303. Mr. Bruhn discussed the impact of transitioning to vote centers on the voting public, and the lack of transparency associated with the introduction of the bill. Mr. Bruhn questioned the timing of the bill's introduction.

09:04 PM -- Mr. Jim Hargis, representing himself, testified in opposition to the bill. Mr. Hargis discussed his professional background, and potential problems that could result based on the differing voter registration and voting systems to be employed under the bill. Mr. Hargis discussed the potential overburdening of the SCORE system under the bill.

09:08 PM -- Mr. George Laing, representing Boulder County Republicans, testified in opposition to House Bill 13-1303. Mr. Laing counseled against hastily adopting the legislation, and spoke against implementing the legislation and then later studying its effect under a commission created by the bill. Mr. Laing discussed the vote against certifying the 2012 election in Boulder County by the canvass board, and the potential impact of reducing the number of poll watchers under the bill.

09:12 PM -- Mr. Alvaro Day, representing himself, testified in opposition to the bill. Mr. Day discussed the potential negative impact of the bill in the area of election integrity, and the responsibilities inherent to voting. He questioned the need to further assist voters with registering to vote.

09:17 PM -- Mr. Mark Baisley, representing himself, testified in opposition to House Bill 13-1303. Mr. Baisley discussed the "one size fits all" nature of the bill, and spoke in favor of local control over certain aspects of the conduct of elections. He discussed potential problems in certifying certain aspects of the voting process under the bill based on technology inadequacies. Mr. Baisley also discussed potential problems associated with same-day voter registration.

09:20 PM -- Ms. Pauline Olvera, representing herself, testified in opposition to the bill. Ms. Olvera discussed efforts to encourage participation in the voting process as compared to efforts to protect the vote. Ms. Olvera discussed her disappointment when she failed to register to vote before an election and was thus unable to vote, and the potential for voter fraud as a result of same-day registration.

09:23 PM -- Mr. Bob McCoy, representing himself, testified in opposition to House Bill 13-1303. Mr. McCoy discussed public confidence in the elections process, and the issue of voter fraud. Mr. McCoy discussed local control of certain aspects of the voting process, and the removal of provisional ballot protections by the bill.

09:26 PM -- Mr. Sean Verhoeff, representing himself, testified in opposition to the bill. Mr. Verhoeff discussed the potential for information technology infrastructure to fail on election day, and the impact of such an incident on same-day registration. Mr. Verhoeff discussed the potential for voter fraud under the bill, and the impact of the bill on voters in rural Colorado.

09:29 PM -- Mr. Karl Stecher, representing himself, testified in opposition to the bill. Mr. Stecher explained that the bill is costly and threatens voter security. Mr. Stecher questioned the process observed in the introduction of the legislation, and the exclusion of certain parties from the process of drafting the bill. Mr. Stecher spoke in support of voting on election day, and supported certain identification requirements for voting purposes.

09:32 PM -- Mr. Don Ytterberg, representing the Jefferson County Republican Party and the Colorado Republican Party, testified in opposition to House Bill 13-1303. Mr. Ytterberg discussed the voter participation rate in his county, and expressed concerns about coupling mail balloting with election-day voter registration under the bill. Mr. Ytterberg spoke in favor of bipartisanship on election-reform issues.

09:36 PM

Ms. Anderson and Ms. Hall returned to address certain issues raised during public testimony and to answer committee questions. Ms. Anderson discussed the existing process for addressing voter fraud, explaining how certain processes would be conducted under the bill. Ms. Anderson explained signature requirements for voting purposes under current law, and the potential for challenging certain aspects of the voting process. Discussion ensued regarding the potential for voter fraud based on the identification allowed for voting purposes in Colorado, and the impact of the bill in this area.

09:47 PM

Discussion ensued regarding the fiscal impact of the bill on counties, and the potential impact of an information technology failure on election day on the conduct of elections under the bill. Ms. Hall responded to a question regarding the identification required to register to vote. Ms. Anderson responded to questions regarding the impact of the bill on processes associated with maintaining voting centers. Discussion followed regarding input from the Colorado County Clerks Association on the bill's fiscal analysis. Discussion returned to voter identification requirements under current law. Discussion turned to the vetting process for House Bill 13-1303, and the timing of the drafting of the bill. Ms. Anderson addressed concerns raised in previous testimony pertaining to the impact of the bill on current law in the area of residential nursing facilities.

09:58 PM

Discussion ensued regarding amendments distributed to the committee. Representative Hullinghorst explained the effect of prepared amendment L.002 (Attachment X).

13HseState0415AttachX.pdf


BILL:	HB13-1303
TIME:	10:03:26 PM
MOVED:	Salazar
MOTION:	Adopt amendment L.002 (Attachment X). The motion passed without objection.
SECONDED:	Levy
		VOTE
	Dore
	Foote
	Humphrey
	Levy
	Melton
	Moreno
	Nordberg
	Scott
	Williams
	Salazar
	Ryden

YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

10:04 PM

Representative Hullinghorst explained the effect of prepared amendment L.005 (Attachment Y). Discussion ensued regarding the scope of the amendment.

13HseState0415AttachY.pdf


BILL:	HB13-1303
TIME:	10:05:26 PM
MOVED:	Salazar
MOTION:	Adopt amendment L.005 (Attachment Y). The motion passed without objection.
SECONDED:	Williams
		VOTE
	Dore
	Foote
	Humphrey
	Levy
	Melton
	Moreno
	Nordberg
	Scott
	Williams
	Salazar
	Ryden

YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

10:06 PM

Representative Hullinghorst explained the effect of prepared amendment L.007 (Attachment Z).

13HseState0415AttachZ.pdf


BILL:	HB13-1303
TIME:	10:07:09 PM
MOVED:	Williams
MOTION:	Adopt amendment L.007 (Attachment Z). The motion passed without objection.
SECONDED:	Salazar
		VOTE
	Dore
	Foote
	Humphrey
	Levy
	Melton
	Moreno
	Nordberg
	Scott
	Williams
	Salazar
	Ryden

YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

10:07 PM

Representative Hullinghorst explained the effect of prepared amendment L.011 (Attachment AA).

13HseState0415AttachAA.pdf


BILL:	HB13-1303
TIME:	10:08:05 PM
MOVED:	Salazar
MOTION:	Adopt amendment L.011 (Attachment AA). The motion passed without objection.
SECONDED:	Williams
		VOTE
	Dore
	Foote
	Humphrey
	Levy
	Melton
	Moreno
	Nordberg
	Scott
	Williams
	Salazar
	Ryden

YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

10:09 PM

Representative Nordberg explained the effect of prepared amendment L.009 (Attachment BB). Ms. Hall provided input regarding the need for the amendment. Ms. Meyer provided further clarification regarding the sufficiency of the language in House Bill 13-1303 concerning exceptions for penalties against voting twice. Discussion ensued regarding the merits of the amendment language.

13HseState0415AttachBB.pdf


BILL:	HB13-1303
TIME:	10:09:34 PM
MOVED:	Nordberg
MOTION:	Adopt amendment L.009 (Attachment BB). The motion passed without objection.
SECONDED:	Dore
		VOTE
	Dore
	Foote
	Humphrey
	Levy
	Melton
	Moreno
	Nordberg
	Scott
	Williams
	Salazar
	Ryden

YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

10:14 PM

Representative Dore explained the effect of prepared amendment L.010 (Attachment CC). Representatives Hullinghorst and Pabon addressed the amendment. Discussion ensued regarding the use of a provisional ballot under amendment L.010 during a malfunction of the SCORE system. Ms. Meyer provided clarification regarding the effect of the amendment, and how malfunctions of SCORE are addressed in current law. Discussion followed regarding the potential for addressing the issue through a future amendment.

13HseState0415AttachCC.pdf


BILL:	HB13-1303
TIME:	10:15:00 PM
MOVED:	Dore
MOTION:	Adopt amendment L.010 (Attachment CC). The motion was withdrawn. The motion passed without objection.
SECONDED:	Scott
		VOTE
	Dore
	Foote
	Humphrey
	Levy
	Melton
	Moreno
	Nordberg
	Scott
	Williams
	Salazar
	Ryden

YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION:

10:24 PM
Representative Hullinghorst provided closing remarks in support of House Bill 13-1303. Representative Scott spoke in opposition to the bill. Representative Pabon addressed concerns raised during the testimony phase, and provided closing remarks in support of the bill. Committee members discussed their positions on the bill.

10:39 PM

Various committee members continued to discuss their positions on House Bill 13-1303.


BILL:	HB13-1303
TIME:	10:44:07 PM
MOVED:	Melton
MOTION:	Refer House Bill 13-1303, as amended, to the Committee on Appropriations. The motion passed on a vote of 7-4.
SECONDED:	Foote
		VOTE
	Dore	No
	Foote	Yes
	Humphrey	No
	Levy	Yes
	Melton	Yes
	Moreno	Yes
	Nordberg	No
	Scott	No
	Williams	Yes
	Salazar	Yes
	Ryden	Yes

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

10:45 PM

House Bill 13-1298 was laid over.

10:45 PM

The committee adjourned.