SENATE 3rd Reading Unamended February 23, 2012 SENATE 2nd Reading Unamended February 22, 2012Second Regular Session Sixty-eighth General Assembly STATE OF COLORADO REENGROSSED This Version Includes All Amendments Adopted in the House of Introduction LLS NO. 12-0756.01 Kate Meyer x4348 SENATE BILL 12-147 SENATE SPONSORSHIP Aguilar, HOUSE SPONSORSHIP Williams A., Senate Committees House Committees State, Veterans & Military Affairs A BILL FOR AN ACT Concerning the intent to prevent a person from voting in an election by intentionally communicating false information. Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://www.leg.state.co.us/billsummaries.) The bill prohibits a person from intentionally communicating information that the person knows to be false regarding election procedures or voter eligibility, if the communication is made within 90 days before the election and with the intent to deter or prevent another person from voting. Violation of this prohibition is a class 5 felony. The attorney general is directed to promulgate rules to develop means by which the dissemination of such false information may be countered. After each general election, the attorney general must submit a report to the general assembly describing allegations of any such offenses in the prior 2 years. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. Legislative declaration. (1) The general assembly hereby finds, determines, and declares that: (a) Persons disseminate false or misleading information about the voting process with the intent of preventing eligible voters from casting ballots in order to suppress voting and skew election results; (b) New technology, including telephonic robocalls, email, and other social media, makes these false information campaigns particularly widespread and egregious; (c) This type of voter suppression often goes unaddressed by authorities, and perpetrators are rarely caught; (d) The right to vote is a fundamental right, and the unimpeded exercise of this right is essential to the functioning of our democracy; (e) Colorado must take a proactive role to correct such false information, assist voters in exercising their right to vote without confusion, and preserve the integrity of the electoral process; and (f) Those responsible for these types of tactics and similar efforts must be held accountable and criminal penalties must be available to deter or punish anyone who intentionally communicates such false information to keep voters away from the polls. SECTION 2. In Colorado Revised Statutes, add 1-13-109.5 as follows: 1-13-109.5. Intentional false statements relating to voting process or voter eligibility - penalties - attorney general to promulgate rules - biennial report - definitions. (1) As used in this section, unless the context otherwise requires: (a) "Communicate" means to make, convey, publish, broadcast, or circulate or cause to be made, conveyed, published, broadcasted, or circulated by any means, including any written, oral, electronic, or telephonic means. (b) "Corrective actions" means any effective and appropriate means that may be utilized by any appropriate entity to apprise voters of the dissemination of false information and to provide correct information to voters affected by the misinformation. "Corrective actions" includes, where available, public service announcements, emergency alert systems, and other forms of public broadcast. (c) "Credible report" means a report of activity or other specific information that would cause a reasonable person to believe that false information relating to an election is being disseminated. (d) "Voter eligibility" means any qualifications for or restrictions on voting, including any criminal penalties associated with voting, voter registration status, or other prerequisites for or barriers to exercising the right to vote. (2) (a) No person shall, within ninety days prior to the date of an election, intentionally communicate a materially false statement relating to the time, place, or manner of the election or relating to voter eligibility if the person knows the information in the statement is false and the person makes the statement in order to deter or prevent a person from voting at the election. (b) A person who violates paragraph (a) of this subsection (2) commits a class 5 felony and, upon conviction thereof, shall be punished as provided in section 18-1.3-401, C.R.S. (3) Immediately after receiving a credible report concerning a violation of subsection (2) of this section, the district attorney or attorney general shall investigate the claim, undertake any necessary corrective actions, and prosecute the matter as necessary. (4) (a) The attorney general shall promulgate rules, in accordance with article 4 of title 24, C.R.S., setting forth the corrective actions that may be undertaken in order to mitigate the effects of false information disseminated in violation of this section. (b) (I) Not later than ninety days after each general election, the attorney general shall submit a report to the state, veterans, and military affairs committees of the senate and the house of representatives, or any successor committees, compiling allegations of violations of this section during the previous two years. (II) For each allegation included in the report, the attorney general shall describe: (A) The date, time, place, and type of the alleged violation, the election with which the alleged violation was concerned, the geographic source of the alleged violation, and, if applicable, the racial or ethnic composition or language minority group membership of the persons toward whom the alleged violation was directed; (B) Each corrective action taken in response to a substantiated allegation; (C) Each referral of an alleged violation to other federal, state, or local agencies; and (D) Whether a criminal prosecution was instituted in connection with an alleged violation and the outcome of any such action. (III) The report required by this paragraph (b) may be submitted electronically. (IV) On the date that the report is submitted pursuant to subparagraph (I) of this paragraph (b), the attorney general shall make the same publicly available through the department of law's official web site and any other appropriate means. SECTION 3. Applicability. The provisions of this act apply to offenses committed on or after the effective date of this act. SECTION 4. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.