SENATE 3rd Reading Unamended May 7, 2012 SENATE Amended 2nd Reading May 4, 2012 HOUSE 3rd Reading Unamended March 22, 2012 HOUSE Amended 2nd Reading March 20, 2012Second Regular Session Sixty-eighth General Assembly STATE OF COLORADO REREVISED This Version Includes All Amendments Adopted in the Second House LLS NO. 12-0609.01 Kate Meyer x4348 HOUSE BILL 12-1267 HOUSE SPONSORSHIP Coram, SENATE SPONSORSHIP Heath, House Committees Senate Committees State, Veterans, & Military Affairs State, Veterans & Military Affairs Appropriations A BILL FOR AN ACT Concerning the simplification of certain preelection procedures in order to reduce the cost of administering elections, and, in connection therewith, making an appropriation. 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: Allows the secretary of state to waive the requirement that a political subdivision must use a vote center in an election other than a general election before establishing a vote center for a general election; Repeals the requirement that ballots sent by mail contain ballot stubs; Consolidates voter information card mailings, adds information that must be included on such mailings, and extends the deadline by which the mailings must be made for a primary election conducted as a mail ballot election; and Reduces, to 7 days prior to any election, the time allotted for early voting and specifies that, while a board of county commissioners has the discretion to extend early voting hours, it may not increase the period of time for early voting. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, add 1-2-229 as follows: 1-2-229. Change in status of electors deemed "Inactive - failed to vote" - transfer to active status - repeal. (1) Notwithstanding any other provision of law, any registered elector whose registration record has been marked as "Inactive - failed to vote" as of the effective date of this section shall from that date forward be deemed to hold the status of an active elector. (2) (a) By August 1, 2012, the secretary of state shall update the statewide voter registration database to reflect the elimination of "Inactive - failed to vote" voter status pursuant to subsection (1) of this section and, as appropriate, restore permanent mail-in voter status to those electors who had previously selected such status but had subsequently been marked as "Inactive - failed to vote". (b) This subsection (2) is repealed, effective July 1, 2013. SECTION 2. In Colorado Revised Statutes, 1-2-605, amend (1) (a) (I), (1) (b), (3), (4) introductory portion, (6) (a), and (7); and repeal (2), (5), and (11) as follows: 1-2-605. Canceling registration - voter confirmation card. (1) (a) (I) Communication by mail from the county clerk and recorder to the registered eligible electors of a county shall be in the form of a voter information card, including but not limited to the elector's name and address, precinct number, and polling place, which shall be mailed to the elector's address of record unless the elector has requested that the card be sent to his or her deliverable mailing address pursuant to section 1-2-204 (2) (k). The county clerk and recorder shall send a voter information card by forwardable mail to each active registered eligible elector of the county, as defined in section 1-1-104 (16). and by nonforwardable mail to each inactive registered eligible elector, except an elector whose previous communication from the county clerk and recorder was returned by the United States postal service as undeliverable or an elector whose registration record was marked "Inactive" by the county clerk and recorder pursuant to subsection (2) of this section before the general election of 2006. (b) For all electors whose communication pursuant to paragraph (a) of this subsection (1) is returned by the United States postal service as undeliverable at the elector's voting address, the county clerk and recorder may shall mark the registration record of that elector with the word "Inactive" phrase "Inactive - returned mail". (2) A registered elector who is deemed "Active" but who fails to vote in a general election shall have the elector's registration record marked "Inactive (insert date)" by the county clerk and recorder following the general election. In the case of a registered elector to whom the county clerk and recorder mailed a confirmation card pursuant to paragraph (a) of subsection (6) of this section no later than ninety days after the 2008 general election and was returned by the United States postal service as undeliverable, the county clerk and recorder shall mark the registration record of that elector with the words "Inactive - undeliverable". (3) Any registered elector whose registration record has been marked "Inactive" "Inactive - returned mail" shall be eligible to vote in any election where registration is required and the elector meets all other requirements. (4) Any "Inactive" "Inactive - returned mail" elector shall be deemed "Active" if: (5) If a mail or mail-in ballot that was mailed pursuant to the requirements of this article to an elector who has been deemed "Active" is returned to the county clerk and recorder by the United States postal service as undeliverable, the county clerk and recorder shall send to the elector's address of record, unless the elector has requested that such communication be sent to his or her deliverable mailing address pursuant to section 1-2-204 (2) (k), a notice pursuant to section 1-2-509 by forwardable mail and a postage prepaid, preaddressed form by which the elector may verify or correct the address information. If the elector verifies that he or she resides in a county other than the county mailing the mail or mail-in ballot, the county clerk and recorder shall forward the address information to the county clerk and recorder of the county in which the voter resides. If the elector fails to respond, the county clerk and recorder shall mark the registration record of that elector with the word "Inactive". (6) (a) No later than ninety days after any general election, any registered elector whose registration record is marked "Inactive" "Inactive - returned mail" and who has not previously been mailed a confirmation card shall be mailed a confirmation card by the county clerk and recorder. (7) If the county clerk and recorder receives no response to the confirmation card and the elector has been designated "Inactive" "Inactive - returned mail" for two general elections since the confirmation card was mailed pursuant to the requirements of this article, the county clerk and recorder shall cancel the registration record of the elector; except that, notwithstanding any other provision of law, no elector's registration record shall be canceled solely for failure to vote. (11) Notwithstanding any other provision of this section, requirements pertaining to the verification by a county clerk and recorder of the status of a registered elector who has been deemed "Inactive" in preparation for a mail ballot election shall be governed by the provisions of section 1-7.5-108.5. SECTION 3. In Colorado Revised Statutes, 1-5-206, amend (1) (a) as follows: 1-5-206. Postcard notice - reimbursement of mailing cost. (1) (a) No later than twenty-five Not less than sixty days before the general election or a special legislative election, the county clerk and recorder shall mail a voter information card concerning the general election or special legislative election by forwardable mail to each active registered eligible elector of the county, as defined in section 1-1-104 (16). and by nonforwardable mail to each inactive registered eligible elector, except an elector whose previous communication from the county clerk and recorder was returned by the United States postal service as undeliverable or an elector whose registration record was marked "Inactive" by the county clerk and recorder pursuant to section 1-2-605 (2) before the general election of 2006. SECTION 4. In Colorado Revised Statutes, 1-5-102.7, amend (7) as follows: 1-5-102.7. Combining precincts and polling places - vote centers. (7) The designated election official of a political subdivision shall not establish vote centers for a general election unless vote centers were used in a previous election held by the political subdivision in an odd-numbered year or in a primary election held on or after January 1, 2006; except that the secretary of state may waive this requirement if the designated election official timely submits a plan for implementation that satisfactorily demonstrates to the secretary of state that the political subdivision is capable of conducting a general election at a vote center. SECTION 5. In Colorado Revised Statutes, 1-5-407, amend (1.5) as follows: 1-5-407. Form of ballots. (1.5) A duplicate ballot stub is not required for a ballot that is prepared for a mail-in ballot or a mail ballot election pursuant to article 7.5 of this title. SECTION 6. In Colorado Revised Statutes, 1-5-505.5, amend (3) (a) and (3) (b) as follows: 1-5-505.5. State reimbursement to counties for ballot measure elections. (3) For any other odd- or even-numbered year election in which a state ballot issue or state ballot question is on the ballot of a particular county, the state shall reimburse such county for the cost of the duties performed by the county clerk and recorder that relate to conducting the election on the ballot issue or ballot question; except that the reimbursement shall be set at the following rates: (a) For counties with ten thousand or fewer active registered electors, eighty cents ninety cents for each active registered elector as of the time of the election; (b) For counties with more than ten thousand active registered electors, seventy cents eighty cents for each active registered elector as of the time of the election. SECTION 7. In Colorado Revised Statutes, 1-7.5-107, amend (2.3) (a) and (3) (a) (II) (A) as follows: 1-7.5-107. Procedures for conducting mail ballot election - primary elections - first-time voters casting a mail ballot after having registered by mail to vote. (2.3) (a) Not less than thirty days nor more than forty-five sixty days before a primary election that is conducted as a mail ballot election pursuant to this article, the county clerk and recorder shall mail a notice by forwardable mail to each unaffiliated active registered eligible elector. and to each unaffiliated registered eligible elector whose registration record has been marked as "Inactive - failed to vote". (3) (a) (II) (A) If a primary election is conducted as a mail ballot election pursuant to this article, in addition a mail ballot packet shall be mailed to active registered electors who are affiliated with a political party. the mail ballot packet shall be mailed to each registered elector who is affiliated with a political party and whose registration record has been marked as "Inactive - failed to vote". SECTION 8. In Colorado Revised Statutes, 1-7.5-108.5, amend (2) (c); and repeal (1) and (2) (a); and add (3) as follows: 1-7.5-108.5. Voter information card - verification of active status - designation of inactive status - mailing of mail ballots. (1) Not less than ninety days before a mail ballot election conducted pursuant to this article, the county clerk and recorder shall mail a voter information card to any registered elector whose registration record has been marked "Inactive - failed to vote". For purposes of this section, "Inactive - failed to vote" shall mean a registered elector who is deemed "Active" but who failed to vote in a general election in accordance with the provisions of section 1-2-605 (2); except that the term "Inactive - failed to vote" shall not include an elector whose previous communication from the county clerk and recorder was returned by the United States postal service as undeliverable and is, accordingly, referred to in the registration records of the county as "Inactive - undeliverable" pursuant to section 1-2-605 (2). The voter information card required by this section may be sent as part of the voter information card required to be mailed pursuant to section 1-5-206 (1). The voter information card shall be sent to the elector's address of record unless the elector has requested that such communication be sent to his or her deliverable mailing address pursuant to section 1-2-204 (2) (k) and shall be marked "DO NOT FORWARD". (2) (a) If the voter information card required to be sent to a registered elector whose registration record has been marked as "Inactive - failed to vote" pursuant to subsection (1) of this section is returned by the United States postal service as undeliverable, the county clerk and recorder shall mark the registration record of that elector with the words "Inactive - undeliverable". (c) In any mail ballot election conducted on or after July 1, 2008, if a mail ballot sent to a registered elector is returned by the United States postal service as undeliverable, the county clerk and recorder shall mark the registration record of that elector with the words "Inactive - undeliverable" "Inactive - returned mail". The clerk and recorder shall mail a voter confirmation card pursuant to section 1-2-605 (6) (b) to any elector whose ballot was returned by the United States postal service as undeliverable. (3) A voter information card issued under this section shall advise the elector of his or her status as active or inactive, party affiliation, whether he or she will receive a ballot by mail, and, if not, what he or she must do in order to receive a ballot. The voter information card shall also include a returnable portion that the elector may use to update his or her registration record, affiliate with a political party, and request a mail ballot. SECTION 9. In Colorado Revised Statutes, 1-8-104.5, add (3) and (4) as follows: 1-8-104.5. Application for permanent mail-in voter status - legislative declaration. (3) (a) Notwithstanding any other provision of law, any eligible elector whose registration record has been marked as "Inactive - failed to vote", whose status has been changed to active in accordance with section 1-2-229, and who had previously selected permanent mail-in voter status pursuant to the requirements of this section shall have the status of permanent mail-in voter restored as of the effective date of this subsection (3). (b) The general assembly hereby finds, determines, and declares that the provisions of paragraph (a) of this subsection (3) are necessary to clarify existing law and to ensure a uniform application of the recent judicial determination that an elector's status of "Inactive - failed to vote" does not operate to invalidate, terminate, or suspend that elector's registration. (4) In connection with any election conducted on or after the effective date of this subsection (4), if a mail-in ballot sent to a registered elector is returned by the United States postal service as undeliverable, the county clerk and recorder shall mark the registration record of that elector with the words "Inactive - returned mail". The clerk and recorder shall mail a voter confirmation card pursuant to section 1-2-605 (6) (b) to any elector whose ballot was returned by the United States postal service as undeliverable. SECTION 10. Appropriation. (1) In addition to any other appropriation, there is hereby appropriated, out of any moneys in the department of state cash fund created in section 24-21-104 (3) (b), Colorado Revised Statutes, not otherwise appropriated, to the department of state, for the fiscal year beginning July 1, 2012, the sum of $642,286, or so much thereof as may be necessary, to be allocated for the implementation of this act as follows: (a) $615,646 for local election reimbursement; and (b) $26,640 for the information technology services division, for reprogramming of the statewide Colorado voter registration and elections system. SECTION 11. Applicability. The provisions of this act apply to elections conducted on or after the effective date of this act. SECTION 12. 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.