House Committee on State, Veterans, & Military Affairs (04/07/2014)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON STATE, VETERANS, & MILITARY AFFAIRS

Date:	04/07/2014	ATTENDANCE

Time:	01:32 PM to 04:42 PM	Conti	*
		Dore	X
Place:	LSB A	Foote	X
		Humphrey	X
This Meeting was called to order by		Labuda	X
	Representative Ryden	Melton	X
		Moreno	X
This Report was prepared by		Nordberg	X
	Jessika Shipley	Williams	X
		Salazar	*
		Ryden	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
HB14-1354 SB14-161 SB14-158		Referred to the Committee of the Whole Referred to Appropriations Referred to the Committee of the Whole

01:33 PM -- HB14-1354

Representatives Buckner and Gardner, co-sponsors, presented House Bill 14-1354. The bill allows a county clerk and recorder to seek judicial review in Denver District Court of certain actions by the Secretary of State related to elections. Representative Gardner explained why the bill is needed. He indicated that the bill has bipartisan support.

01:38 PM -- Debra Johnson, Denver Clerk and Recorder, testified in support of the bill. Ms. Johnson discussed reasons she feels county clerks should have the same standing to bring actions in court as county commissioners. She responded to questions from the committee.

01:41 PM -- Wayne Williams, El Paso County Clerk and Recorder, testified in support of the bill. Mr. Williams expressed his opinion that the bill provides an appropriate avenue for judicial review of rule issues.

01:43 PM

Representatives Buckner and Gardner wrapped up their presentation of the bill and asked for a favorable recommendation.


BILL:	HB14-1354
TIME:	01:44:14 PM
MOVED:	Moreno
MOTION:	Refer House Bill 14-1354 to the Committee of the Whole. The motion passed on a vote of 10-0, with 1 excused.
SECONDED:	Williams
		VOTE
	Conti	Yes
	Dore	Yes
	Foote	Yes
	Humphrey	Yes
	Labuda	Yes
	Melton	Yes
	Moreno	Yes
	Nordberg	Yes
	Williams	Yes
	Salazar	Excused
	Ryden	Yes

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

01:45 PM

The committee took a brief recess.

01:45 PM -- SB14-161

The committee returned to order.

Representative Hullinghorst, sponsor, presented Senate Bill 14-161. She explained that the bill makes several changes to the state election code in the following areas:

voter registration deadlines;

residency;

criminal offenses;

change of address searches;

postcard notifications;

Uniform Military and Overseas Voters Act changes; and

other miscellaneous changes.

01:52 PM -- Amber McReynolds, Denver Elections Director, testified in support of the bill.

01:55 PM -- Elena Nunez, representing Colorado Common Cause, testified in support of the bill. Ms. Nunez spoke about why the bill is needed. She discussed the recommendations made by the Colorado Voter Access and Modernized Elections Commission that are represented in the bill.

01:57 PM -- Carol Tone, representing the League of Women Voters, testified in support of the bill.

01:58 PM -- Wayne Williams, El Paso County Clerk and Recorder, testified in support of the bill. Mr. Williams expressed his opinion that the bill corrects a number of critical problems caused by House Bill 13-1303. He suggested an amendment on page 23 of the bill.

02:02 PM -- Hillary Hall, Boulder County Clerk and Recorder, testified in support of the bill. Ms. Hall spoke about important clarifications made by the bill.

02:05 PM

Representative Hullinghorst wrapped up her presentation of the bill and asked for a favorable recommendation.


BILL:	SB14-161
TIME:	02:07:21 PM
MOVED:	Williams
MOTION:	Refer Senate Bill 14-161 to the Committee on Appropriations. The motion passed on a vote of 9-1, with 1 excused.
SECONDED:	Melton
		VOTE
	Conti	Yes
	Dore	Yes
	Foote	Yes
	Humphrey	Yes
	Labuda	Yes
	Melton	Yes
	Moreno	Yes
	Nordberg	No
	Williams	Yes
	Salazar	Excused
	Ryden	Yes

Final YES: 9 NO: 1 EXC: 1 ABS: 0 FINAL ACTION: PASS

02:08 PM -- SB14-158

The committee took a brief recess.

02:10 PM

The committee returned to order.

Representative Hullinghorst, sponsor, presented Senate Bill 14-158. The reengrossed bill eliminates certain conflicts between the state and federal constitutions and state statute concerning recall elections and makes other changes in the conduct of recall elections. For state offices, these changes allow recall elections to be conducted as mail ballot elections in a similar manner as general and coordinated elections under current law. Specifically, the bill makes changes in the following areas.

recall dates and deadlines;

recall petitions;

conduct of recall elections; and

recall election protests.

Representative Hullinghorst responded to questions from the committee about the timelines established by the bill for recall elections. The committee discussed the constitutionality of the bill at length.

02:30 PM -- Elena Nunez, representing Colorado Common Cause, testified in support of the bill. Ms. Nunez discussed challenges faced by voters, and how the bill addresses those challenges. She talked about consistent voter access. She responded to questions from the committee about electronic submission of ballots by overseas and military voters.

02:35 PM -- Patrick Zamiatowski, representing himself, testified in support of the bill. Mr. Zamiatowski spoke about his disability, which makes it impossible for him to drive, and how he votes exclusively by mail ballot. He discussed the issues that arose in the most recent recall election in El Paso County.

02:38 PM -- Brian Soules, representing himself, testified in support of the bill. Mr. Soules discussed the care he and his wife take when voting by mail. He expressed support for the use of mail ballots for all elections, including recalls.

02:41 PM -- Suzanne Staiert, Deputy Secretary of State, testified in opposition to the bill. Ms. Staiert expressed her opinion that the bill is unconstitutional and discussed possible unintended consequences of the bill. She responded to questions from the committee.

02:51 PM

Ms. Staiert continued to discuss the bill with the committee.

02:59 PM -- Gilbert Ortiz, Pueblo County Clerk and Recorder, testified in support of the bill. Mr. Ortiz discussed difficulties faced by Pueblo voters in the most recent recall election. He indicated that the current recall election laws create confusion and frustration among voters. He responded to questions from the committee.

03:07 PM -- Wayne Williams, El Paso County Clerk and Recorder, testified in opposition to the bill. Mr Williams explained the different types of recall elections. He addressed the testimony of prior witnesses and responded to questions from the committee.

03:18 PM

The committee continued discussing the bill with Mr. Williams.

03:31 PM

Questioning of Mr. Williams continued.

03:38 PM -- Pam Anderson, Jefferson County Clerk and Recorder, testified in support of the bill. Ms. Anderson spoke about the importance of consistency in the area of elections. She responded to questions from the committee.

03:43 PM -- Deborah Kaller and Michael McGuire, representing themselves, testified in support of the bill. Mr. McGuire expressed his opinion that the bill allows for the positive enfranchisement of Colorado voters through mail ballot voting. Ms. Kaller indicated that the bill helps Colorado meet the objective of understanding the will of the people.

03:47 PM -- Jennifer Levin, representing the Legal Center for People with Disabilities and Older People, testified in support of the bill. Ms. Levin discussed the importance of mail ballots in all elections, especially for people with physical or mental limitations. She responded to questions from the committee.

03:50 PM -- Rich Pelletier, representing himself, testified in support of the bill. Mr. Pelletier discussed the importance of mail ballots for military personnel serving overseas.

03:53 PM -- Carol Tone, representing the League of Women Voters, testified in support of the bill. Ms. Tone discussed the importance of mail ballots.

03:56 PM -- Mark Grueskin, representing Citizens for Integrity, testified in support of the bill. Mr. Grueskin discussed the history of election laws in Colorado. He spoke about litigation related to election laws. He explained what the bill does. He responded to questions from the committee.

04:04 PM -- David Blake, representing the Colorado Attorney General's Office, took a neutral position on the bill. Mr. Blake discussed the constitutionality of the bill. He responded to questions from the committee.

04:11 PM

Mr. Blake continued to respond to questions from the committee.


BILL:	SB14-158
TIME:	04:23:43 PM
MOVED:	Dore
MOTION:	Adopt amendment L.011 (Attachment A) The motion failed on a vote of 4-7. 14HseState0407AttachA.pdf
SECONDED:	Nordberg
		VOTE
	Conti	Yes
	Dore	Yes
	Foote	No
	Humphrey	Yes
	Labuda	No
	Melton	No
	Moreno	No
	Nordberg	Yes
	Williams	No
	Salazar	No
	Ryden	No

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


BILL:	SB14-158
TIME:	04:27:38 PM
MOVED:	Dore
MOTION:	Adopt amendment L.012 (Attachment B). The motion failed on a vote of 4-7. 14HseState0407AttachB.pdf
SECONDED:	Conti
		VOTE
	Conti	Yes
	Dore	Yes
	Foote	No
	Humphrey	Yes
	Labuda	No
	Melton	No
	Moreno	No
	Nordberg	Yes
	Williams	No
	Salazar	No
	Ryden	No

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

04:28 PM

Representative Hullinghorst wrapped up her presentation of the bill and asked for a favorable recommendation. Written statements of support for the bill from Paula Rhodes, Gail FitzGerald, Idella Brooks, and Connie Hayes were entered into the record (Attachments C, D, E, and F, respectively). Members of the committee commented about their positions on the bill.

14HseState0407AttachC.pdf

14HseState0407AttachD.pdf

14HseState0407AttachE.pdf

14HseState0407AttachF.pdf


BILL:	SB14-158
TIME:	04:41:40 PM
MOVED:	Salazar
MOTION:	Refer Senate Bill 14-158 to the Committee of the Whole. The motion passed on a vote of 7-4.
SECONDED:	Williams
		VOTE
	Conti	No
	Dore	No
	Foote	Yes
	Humphrey	No
	Labuda	Yes
	Melton	Yes
	Moreno	Yes
	Nordberg	No
	Williams	Yes
	Salazar	Yes
	Ryden	Yes

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

04:42 PM

The committee adjourned.