Date: 03/04/2013

Final
BILL SUMMARY for HB13-1201

HOUSE COMMITTEE ON STATE, VETERANS, & MILITARY AFFAIRS

Votes: View--> Action Taken:
Postpone House Bill 13-1201 indefinitely. The moti
Refer House Bill 13-1201 to the Committee of the W		PASS
FAIL



03:45 PM -- House Bill 13-1201

Representative Buck, prime sponsor, presented House Bill 13-1201, concerning the relief that a court must order in specified election contests upon a showing that a certain quantum of illegal votes were cast. Representative Buck discussed the origins of the legislation, and explained the bill's effect. Representative Buck responded to questions regarding current practice for addressing illegal votes cast in the types of elections affected by the bill. Representative Buck responded to questions regarding the number of instances in which the a number of illegal votes have been detected that covered the margin of victory. Representative Buck responded to further questions regarding the frequency of illegal voting in Colorado, and the scope of the bill. The following persons testified regarding House Bill 13-1201:

03:50 PM -- Ms. Elena Nunez, representing Common Cause, testified in opposition to the bill. Ms. Nunez noted that the concept of "illegal vote" is not defined by the bill, and explained that the bill does not determine how an illegal vote is cast. Ms. Nunez discussed the inability to conduct a recount under the guidelines of the bill. Ms. Nunez responded to questions regarding her opinion of what an "illegal vote" is supposed to constitute under House Bill 13-1201. Ms. Nunez responded to questions regarding her opinion of Colorado's election challenge procedures.

03:55 PM -- Mr. Scott Gessler, Secretary of State, testified in support of House Bill 13-1201. Secretary Gessler clarified the effect of the bill, and discussed the public's lack of confidence in elections. Secretary Gessler discussed the effect of elections with proven numbers of illegal votes in excess of the margin of victory on voter confidence in elections, and the standards for determining what constitutes an illegal vote under state law. Secretary Gessler addressed questions raised earlier about the scope of the bill in terms of the types of election contests affected, and reiterated the effect of the bill. Secretary Gessler responded to questions regarding the number of illegal votes cast during the last election, and the development of tools to detect the casting of illegal votes.


04:08 PM

Secretary Gessler responded to questions regarding which party has standing to contest an election under House Bill 13-1201, and what constitutes an illegal vote. Secretary Gessler discussed court cases involving the contesting of elections on the grounds of illegal votes cast in excess of the margin of victory. Secretary Gessler responded to questions regarding checks performed by the Department of State to determine voter ineligibility based on age or felon status, and what happens to a vote when it is determined to have been cast illegally. Secretary Gessler explained what triggers a new election under House Bill 13-1201.


04:19 PM

Discussion ensued regarding the types of elections covered by the bill, and the time frame during which felons are ineligible to vote. Secretary Gessler responded to questions regarding the discretion of a court under current law to order a new election when the number of illegal votes cast outnumbers the margin of victory. Secretary Gessler responded to further questions regarding the responsibilities of the court under the bill, and what constitutes "appropriate relief" under the bill. Discussion ensued regarding the number of instances where illegal votes cast at the county level have outnumbered the margin of error in an election. Discussion followed regarding the reliability of Census data for voter eligibility purposes. Discussion returned to the number of instances involving illegal votes outnumbering the margin of victory in an election.

04:29 PM -- Ms. Amber McReynolds, representing the Colorado County Clerks Association, testified regarding the bill. Ms. McReynolds noted certain technical issues about the bill with which the association is concerned, and discussed the difference between contesting an election and contesting voter eligibility. Ms. McReynolds addressed a question raised earlier about who has standing to contest an election. Ms. McReynolds discussed the process undertaken by county clerks to address voting discrepancies, and noted other events that trigger a new election. Ms. McReynolds discussed the removal of judicial discretion when voting irregularities are discovered. Ms. McReynolds responded to questions regarding how illegal votes are accounted for in an election when they are detected, and parties eligible to challenge an election under current law.


04:41 PM

No amendments were offered to House Bill 13-1201. Representative Buck provided closing remarks in support of the bill.
BILL:HB13-1201
TIME: 04:43:00 PM
MOVED:Scott
MOTION:Refer House Bill 13-1201 to the Committee of the Whole. The motion failed on a vote of 4-7.
SECONDED:Nordberg
VOTE
Dore
Yes
Foote
No
Humphrey
Yes
Labuda
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:HB13-1201
TIME: 04:43:47 PM
MOVED:Melton
MOTION:Postpone House Bill 13-1201 indefinitely. The motion passed on a vote of 7-4.
SECONDED:Williams
VOTE
Dore
No
Foote
Yes
Humphrey
No
Labuda
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