Date: 04/07/2014

Final
BILL SUMMARY for SB14-158

HOUSE COMMITTEE ON STATE, VETERANS, & MILITARY AFFAIRS

Votes: View--> Action Taken:
Adopt amendment L.011 (Attachment A) The motion fa
Adopt amendment L.012 (Attachment B). The motion f
Refer Senate Bill 14-158 to the Committee of the W		FAIL
FAIL
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.

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.pdf14HseState0407AttachA.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.pdf14HseState0407AttachB.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.pdf14HseState0407AttachC.pdf 14HseState0407AttachD.pdf14HseState0407AttachD.pdf

14HseState0407AttachE.pdf14HseState0407AttachE.pdf 14HseState0407AttachF.pdf14HseState0407AttachF.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.