Bill Summary for Bill Number SB12-155

Date: 05/08/2012

Final
BILL SUMMARY for SB12-155

HOUSE COMMITTEE ON STATE, VETERANS, & MILITARY AFFAIRS

Votes: View-->	Action Taken:
Moved to refer Senate Bill 12-155 to the Committee	PASS

01:14 PM -- Senate Bill 12-155

The committee was called to order. A quorum was present. Representative Murray, co-prime sponsor, presented Senate Bill 12-155, concerning procedures to protect transparency in elections while preserving the integrity of ballots in connection with a request for public inspection of ballots under the "Colorado Open Records Act" (CORA). Representative Murray explained the effect of the bill, and discussed its merits. Representative Court also discussed the bill's merits. The following persons testified regarding Senate Bill 12-155:

01:19 PM -- Ms. Pam Anderson, Jefferson County Clerk and Recorder representing the Colorado County Clerks Association, and Mr. Geoff Wilson, representing the Colorado Municipal League, testified in support of the bill. Ms. Anderson reiterated the effect of the bill, discussed its merits, and discussed the stakeholders that contributed to the drafting of the legislation. Mr. Wilson discussed a recent Colorado Court of Appeals decision that deemed ballots to be public records.

01:23 PM -- Ms. Alissa Vanderveen, representing the El Paso County Clerk and Recorder's Office, testified in support of the bill. Ms. Vanderveen explained how the bill will help to preserve the secret ballot for military and overseas voters.

01:25 PM -- Mr. Greg Romberg, representing the Colorado Press Association and the Colorado Broadcasters Association, testified in support of Senate Bill 12-155. Mr. Romberg praised the level of consensus among the stakeholders who helped to craft the legislation, and discussed ballots as open records. He discussed the responsibility to preserve the secret ballot, and explained how ballots are different from other public records. He discussed the benefits of the bill in the area of protecting the identities of voters.

01:29 PM -- Ms. Mary Eberle, representing Coloradans for Voting Integrity and herself, testified in opposition to the bill. Committee members received the written testimony of Ms. Marilyn Marks. Ms. Eberle discussed her experience in election monitoring, and explained why the bill is unnecessary. She explained that the blackout dates for inspecting ballots under the bill cover a significant portion of the year, and discussed the costs associated with a CORA request. She suggested removing a section in the bill differentiating between interested parties and other citizens in CORA ballot requests, and suggested that the bill has not been properly vetted. Discussion ensued regarding the last point. Ms. Eberle summarized Attachment A. Ms. Eberle urged the committee to vote the bill down, and suggested that county clerks will receive few CORA requests. Ms. Eberle responded to questions regarding the potential length of blackout periods for inspecting ballots under the bill.

01:40 PM -- Ms. Christine Watson, representing the League of Women Voters, testified on Senate Bill 12-155 from a neutral perspective. Ms. Watson discussed the need for the county clerks to maintain confidentiality for voted ballots, and suggested that the blackout period for CORA requests for ballots under the bill is too long. Ms. Watson said that a ballot should not be subject to a CORA request until it is counted, and suggested using photocopies for inspection since they can be presented randomly. Ms. Watson suggested placing a repealer on the bill, and further consideration of the matter be taken up during the next legislative session. Discussion ensued regarding the length of time it takes to certify an election result, and the ability to correct any anomalies in the bill during future legislative sessions.

01:47 PM

No amendments were offered to Senate Bill 12-155. Representatives Court and Murray provided closing remarks in support of Senate Bill 12-155. The committee discussed the potential for amending the bill to shorten the blackout period for CORA requests under the bill.


BILL:	SB12-155
TIME:	01:49:00 PM
MOVED:	Court
MOTION:	Moved to refer Senate Bill 12-155 to the Committee of the Whole with a favorable recommendation.. The motion passed on a vote of 9-0.
SECONDED:	Coram
		VOTE
	Barker	Yes
	Baumgardner	Yes
	Casso	Yes
	Court	Yes
	Duran	Yes
	Joshi	Yes
	Todd	Yes
	Coram	Yes
	Kerr J.	Yes

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