Bill Summary for Bill Number SB06-146

Date: 03/01/2006

Final
BILL SUMMARY for SB06-146

SENATE COMMITTEE ON JUDICIARY

Votes: View-->	Action Taken:
Moved to postpone Senate Bill 06-146 indefinitely. Refer SB 06-146 to the Committee of the Whole with	PASS FAIL

01:39 PM -- Senate Bill 06-146

Senator McElhany, prime sponsor, presented SB 06-146 concerning the requirement to provide proof of citizenship to register to vote. The bill requires a person who applies to register to vote to provide proof of citizenship. It allows proof of citizenship to be established by:

● a valid U.S. passport or photocopy thereof;
● the person's birth certificate or photocopy thereof;
● the person's U.S. naturalization documentation or photocopy thereof;
● the number of the applicant's certificate of naturalization, verified by the County Clerk and Recorder;
● any document or method of proof of citizenship established by federal immigration law; or
● the persons U.S. Bureau of Indian Affairs card number, tribal treaty card number, or tribal enrollment number.

The bill states that proof of voter registration from another state is not considered proof of citizenship for the purposes of this bill. It prohibits the County Clerk and Recorder from registering a person who applies to register to voteby completing a provisional ballot affidavit until the person provides proof of citizenship. The bill provides five exemptions to the proof of citizenship requirement.

01:41 PM -- Adrianne Benevides, Colorado Hispanic Bar Association, spoke in opposition to the bill. Ms. Benevides spoke about her concerns regarding the motivation for this bill. She talked about threats to the voting process and undermining of the Voting Rights Act and the National Voter Registration Act. She discussed the difficulties that could be faced by voters and registrars.

01:44 PM -- Dante James, African American Voter Information Project, spoke in opposition to the bill. Mr. James provided an article from the Los Angeles Times discussing an Arizona law requiring proof of citizenship (Attachment A). He discussed difficulties that could be faced by legal citizens who may have difficulty obtaining proof of citizenship. Mr. James responded to questions from the committee regarding incidences of voter fraud in Colorado.

01:50 PM -- Faith Gross, The Legal Center for People with Disabilities and Older People, spoke in opposition to the bill. Ms. Gross spoke about the voter registration and outreach efforts organized by her group and stated that the documentation requirements in this bill would be burdensome to people with disabilities and older people. Ms. Gross responded to questions from the committee regarding conflict in the bill with the Help America Vote Act.

01:53 PM -- Frosty Wooldridge, private citizen, spoke in support of the bill. Mr. Wooldridge spoke about voter fraud and corruption in states with a large number of illegal immigrants. He gave California as a specific example. He stated that this bill is necessary to protect lawful citizens of Colorado and the United States. Mr. Wooldridge remarked that you must inspect what you expect. He also stated that corruption is a mechanism by which third world nations operate. Mr. Wooldridge responded to questions from the committee regarding actual incidents of illegal voting and the addition of barriers to voting by legal citizens. There was a lengthy discussion regarding the ease of obtaining proof of citizenship.

02:06 PM -- Mark O'Brien, Coloradans for Immigrant Rights, spoke against the bill. Mr. O'Brien stated that he believes the bill to be prejudicial and punitive to vulnerable members of society. He remarked that the bill discourages voter participation. He provided statistics of low voter turnout and stated his belief that this bill would impede grassroots efforts and voter drives. Mr. O'Brien responded to questions from the committee regarding difficulties faced by veterans and homeless individuals in obtaining proof of citizenship.

02:17 PM -- Fred Elbel, Defend Colorado Now, spoke in support of the bill. Mr. Elbel pointed out that voting is a guaranteed right and privilege for U.S. citizens. He provided statistics about illegal immigration in Colorado. He discussed the importance of the Constitution and rule of law. He stressed the lack of patriotism in the comments of witnesses who testified against the bill. Mr. Elbel responded to questions from the committee regarding legal citizens who are effectively barred from voting by the requirement for proof of citizenship.

02:28 PM -- Glen Colton, private citizen, spoke in support of the bill. Mr. Colton spoke about the rights and responsibilities of citizens of the United States. He expressed his concern that only legal citizens should be allowed to vote and that the bill creates a very small barrier to voter registration. Citizens have a responsibility to tackle that barrier.

02:31 PM -- Jenny Flanagan, Colorado Common Cause, spoke in opposition to the bill. Ms. Flanagan stated that this bill will impact vulnerable members of society. She discussed the current laws regarding voter registration. She stated that there are sufficient protections in place to protect against voter fraud. Ms. Flanagan responded to questions from the committee regarding the burdensome nature of the proof of citizenship requirement. The committee had a lengthy discussion about the fundamental right to vote and whether any barrier to that right is appropriate.

02:46 PM -- Christine Watson, League of Women Voters of Colorado, spoke against the bill. Ms. Watson spoke about the need to encourage people to vote. She stated her belief that the right to vote is fundamental and should protected at all costs. She discussed voter registration drives and outreach programs that have reported incidences of eligible voters being turned away because they cannot meet requirements. She feels that further requirements will only exacerbate that problem.

02:50 PM -- Carol Snyder, Adams County Clerk and Recorder, spoke in opposition to the bill. Ms. Snyder stated that her opposition to the bill does not come from an unpatriotic place. She believes that there are several mechanical problems with the bill that will prevent the intent of the bill from being carried out. She stated the fact that there is at least one major election in every county in Colorado every year. Some counties have up to five elections in a given year. Ms. Snyder spoke about the issues of procrastination and late registration application. She explained the process undertaken by clerks and recorders in processing registration applications. She also discussed the issue of long-time registered voters who move to another county in Colorado. She stated a concern about the possibility of doctoring photocopies of official documents. Her final concern centered on voter registration drives and providing birth certificates to volunteers who are standing in front of a grocery store. Ms. Snyder responded to questions from the committee regarding actual incidences of voter fraud or registration fraud by illegal immigration.

03:17 PM

Senator McElhany stated that he would have appreciated knowing of the opposition of the clerks and recorders in advance of the hearing.

03:18 PM -- Catherine Hazouri, ACLU of Colorado, spoke in opposition to the bill. Ms. Hazouri stated her concern that one disenfranchised voter could be prevented from voting in an attempt to keep an undocumented individual from voting. She remarked that this bill is a solution in search of a problem. She restated the testimony of prior witnesses regarding barriers to voting. She also discussed the fact that the costs of obtaining proof of citizenship come very close to being a poll tax, something that has been ruled unconstitutional. The committee discussed the constitutionality of the bill.

03:33 PM -- Deb DeBoutez, Colorado Coalition for the Homeless, spoke in opposition to the bill. Ms. DeBoutez stated her concern about the unintended consequences of the bill. She spoke about difficulties faced by homeless individuals in obtaining a copy of their birth certificates. She provided a fact sheet on consequences of the bill (Attachment B).

03:36 PM

Senator McElhany wrapped up his presentation of the bill, stating that the registration process itself is a barrier to voting and that is acceptable to the citizens of Colorado. He believes that this is no different. The committee members each made comments on the bill. Senator Shaffer stated his concerns regarding the constitutionality of the bill. Senator Mitchell stated that it is unreasonable to seek the guidance of the Attorney General in situations where there are questions of unconstitutionality. He also stated that this bill does not create a government prohibition against voter registration by legal citizens. Senator Gordon expressed his concern that the requirements created by this bill are unduly burdensome to the poor and elderly citizens of Colorado. Senator Dyer stated that the requirements created by the bill are not unduly burdensome and are appropriate. Senator Grossman expressed his concerns that the requirements created by this bill pose a duplicative burden on those who are attempting to register to vote.


BILL:	SB06-146
TIME:	03:51:59 PM
MOVED:	Mitchell
MOTION:	Refer SB 06-146 to the Committee of the Whole with a favorable recommendation. The motion failed on a vote of 3-4.
SECONDED:
		VOTE
	Bacon	No
	Dyer	Yes
	Gordon	No
	Mitchell	Yes
	Traylor	Yes
	Shaffer	No
	Grossman	No
Not Final YES: 3 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:	SB06-146
TIME:	03:52:45 PM
MOVED:	Shaffer
MOTION:	Moved to postpone Senate Bill 06-146 indefinitely. The motion passed on a vote of 4-3.
SECONDED:
		VOTE
	Bacon	Yes
	Dyer	No
	Gordon	Yes
	Mitchell	No
	Traylor	No
	Shaffer	Yes
	Grossman	Yes
Final YES: 4 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS