Bill Summary for Bill Number SB12-109

Date: 03/28/2012

Final
BILL SUMMARY for SB12-109

HOUSE COMMITTEE ON LOCAL GOVERNMENT

Votes: View-->	Action Taken:
Moved to postpone Senate Bill 12-109 indefinitely. Moved to refer Senate Bill 12-109, to the Committe	PASS FAIL

11:39 AM -- Senate Bill 12-109

Representative Coram, prime sponsor, presented Senate Bill 12-109, concerning requirements governing the regular maintenance of voter registration lists. Representative Coram explained that the bill modifies the requirements governing the regular maintenance of voter registration lists. He explained that the bill specifically eliminates the inactive-failed to vote (I-FTV) status and would require the Secretary of State to update voter information with the national change of address (NCOA) database run by the US Postal Service (USPS).

11:43 AM

Amber McReynolds, Director of Elections for the City and County of Denver, testified in support of the bill and described her office's work with the NCOA database and its potential benefits for voter registration lists. Ms. McReynolds discussed the importance of eliminating the I-FTV status and explained the need to improve the accuracy of the state voter registration databases used by county clerks and recorders. She discussed other states that periodically update voter address information with the NCOA database and discussed the need for the bill to allow county clerks and recorders to access information from the database. Ms. McReynolds discussed common misconceptions about how the bill would change the I-FTV status for voters. Specifically, the bill would delete the I-FTV status for certain electors for cases involving mail ballot elections and voters who want to be classified as permanent mail-in voters. Ms. McReynolds responded to questions from the committee concerning how a voter's status changes from active to I-FTV and the costs to county clerks and recorders to update the voter registration database.

12:07 PM

Discussion ensued between the committee and Ms. McReynolds concerning the NCOA database and the number of voters with I-FTV status who still decide to vote in general elections. Ms. McReynolds discussed the cost benefits of the bill and distributed a handout concerning current correspondence requirements for clerks and recorders (Attachment A) and letters of support to the committee (Attachment B). Ms. McReynolds discussed the National Voter Registration Act and explained how the bill would impact voter registration for the 2012 general election.

12:35 PM

Ryan Call, representing the Office of the Secretary of State, testified in opposition to the bill and discussed specific problems with making the numerous changes proposed by the bill. Mr. Call explained the costs that would be associated with the bill and noted that the bill would allow the NCOA database to automatically update voter registration information. He explained that the bill would be a significant policy change for voter registration and voter intent and discussed past case law to illustrate conflicts between voter intent and voter registration. Mr. Call responded to questions from the committee and explained how the bill would increase the authority of county clerks and recorders to alter voter registration information, according to the NCOA database, without consent from voters.

12:54 PM

Kathy Bacino, representing herself, testified in support of the bill and talked about her personal experience working in an assisted living facility and resolving issues for elderly voters who had been categorized as I-FTV.

01:01 PM

Ken DeBey, representing himself, testified in support of the bill and discussed the importance of maintaining the status of elderly voters as active or permanent mail-in voters despite a change in address or a missed election.

01:05 PM

Teak Simonton, Eagle County Clerk and Recorder, testified in support of the bill and discussed problems with changing a voter's status to I-FTV. Mr. Simonton discussed the costs to county clerks and recorders that would be saved under the bill and responded to questions from the committee.

01:12 PM

Gilbert Ortiz, Pueblo County Clerk and Recorder, testified in support of the bill and discussed past case law concerning voter registration and voter intent. Mr. Ortiz discussed an ongoing lawsuit involving Pueblo County concerning I-FTV electors and described the facts of the lawsuit. He also discussed problems with voter confirmation cards and the need for the bill.

01:18 PM

Richard Allen Smith, representing the Vet Voice Foundation, testified in support of the bill and explained how the bill would benefit military personnel who want to be permanently categorized as "active voters" when they are stationed overseas.

01:21 PM

Carol Tone, representing the League of Women Voters, testified in support of the bill and discussed problems with the current process that determines if a voter is categorized as "inactive."

01:22 PM

Scott Gessler, Colorado Secretary of State, testified in opposition to the bill and explained that the bill would create significant costs to the state and to county clerks and recorders. Secretary Gessler discussed problems with making the changes proposed in the bill and explained how NCOA data can create inaccuracies in the state voter registration database. He added that his office will begin making quarterly checks to the NCOA database as part of a multi-state project and referred to handouts distributed to the members of the committee concerning active and inactive voters in each county (Attachment C). Secretary Gessler talked about voter return rates and cautioned against implementing significant voter policy changes prior to the 2012 general election. He responded to questions from the committee concerning problems with voters becoming inactive and whether the bill would create costs or savings for county clerks and recorders. Committee discussion ensued concerning the need to ensure that military personnel receive election ballots and whether the bill would create a cost or savings for the state and county clerks and recorders.

01:54 PM

Representative Coram made closing comments on the bill. Committee members also received a letter supporting the bill from the Colorado Alliance for Retired Americans (Attachment D).


BILL:	SB12-109
TIME:	01:56:01 PM
MOVED:	Soper
MOTION:	Moved to refer Senate Bill 12-109, to the Committee on Appropriations. The motion failed on a vote of 5-6.
SECONDED:	Hullinghorst
		VOTE
	Balmer	No
	Conti	No
	Gardner B.	No
	Hullinghorst	Yes
	Labuda	Yes
	Lee	Yes
	Pace	Yes
	Soper	Yes
	Swerdfeger	No
	Szabo	No
	Bradford	No

YES: 5 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:	SB12-109
TIME:	02:02:39 PM
MOVED:	Gardner B.
MOTION:	Moved to postpone Senate Bill 12-109 indefinitely. The motion passed on a vote of 6-5.
SECONDED:	Balmer
		VOTE
	Balmer	Yes
	Conti	Yes
	Gardner B.	Yes
	Hullinghorst	No
	Labuda	No
	Lee	No
	Pace	No
	Soper	No
	Swerdfeger	Yes
	Szabo	Yes
	Bradford	Yes

YES: 6 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS

02:03 PM

The committee adjourned.