Second Regular Session Sixty-ninth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 14-0610.01 Bob Lackner x4350 SENATE BILL 14-079 SENATE SPONSORSHIP Harvey, HOUSE SPONSORSHIP (None), Senate Committees House Committees State, Veterans, & Military Affairs A BILL FOR AN ACT Concerning the opportunity to challenge a ballot to be cast by mail. 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 any individual, including an individual performing the function of a watcher, to challenge a mail or mail-in ballot that has been provided to an elector. A challenge brought under the bill may address, among other matters: The elector's eligibility to vote on one or more ballot issues, ballot questions, or candidate races on the ballot; and The signature on the mail or mail-in ballot return envelope. If an individual challenges a mail or mail-in ballot, the election judge is required to forward the challenged ballot to 2 other election judges of different political party affiliations who are required to review either the elector's eligibility to vote on the ballot issues, ballot questions, or candidate races on the ballot that is the subject of the challenge or the elector's signature in the statewide voter registration database (database), as applicable. The bill specifies certain consequences depending upon the review of the challenge. Specifically: If both other election judges determine the elector should not have been able to vote on a particular ballot issue, ballot question, or candidate race that is the subject of the challenge, the judges are required to count only those ballot issues, ballot questions, or candidate races on which the elector cast a vote for which he or she was legally eligible to vote. If both other election judges determine the elector was not eligible to vote for any ballot issues, ballot questions or candidate races that are on the ballot, the judges shall not count the elector's ballot in its entirety. If both other election judges determine the signature on the election ballot does not match the elector's signature in the database, the judges are required to follow existing statutory procedures for verifying a signature. If both other election judges determine the elector is eligible to cast a mail or mail-in ballot in the case of a challenge to his or her eligibility or that the elector's signature is valid in the case of a challenge to the elector's signature, the judges are required to count the elector's mail or mail-in ballot. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, repeal and reenact, with amendments, 1-9-207 as follows: 1-9-207. Challenges to mail or mail-in ballots. (1) Any individual, including an individual performing the function of a watcher as described in sections 1-7-105 and 1-7-106, may challenge a mail or mail-in ballot that has been provided to an elector. A challenge brought under this section may address, among other matters: (a) The elector's eligibility to vote on one or more ballot issues, ballot questions, or candidate races on the ballot; and (b) The signature on the mail or mail-in ballot return envelope. (2) (a) If an individual challenges a mail or mail-in ballot in accordance with subsection (1) of this section, the election judge shall forward the challenged ballot to two other election judges of different political party affiliations who shall review either the elector's eligibility to vote on the ballot issues, ballot questions, or candidate races on the ballot that is the subject of the challenge or the elector's signature in the statewide voter registration database, as applicable. (b) If, upon the review required by paragraph (a) of this subsection (2), both other election judges determine the elector is not eligible to vote on a particular ballot issue, ballot question, or candidate race that is the subject of the challenge, the judges shall count only those ballot issues, ballot questions, or candidate races on which the elector cast a vote for which he or she is legally eligible to vote. If both other election judges determine the elector is not eligible to vote for any of the ballot issues, ballot questions or candidate races that are on the ballot, the judges shall not count the elector's ballot in its entirety. (c) If, upon the review required by paragraph (a) of this subsection (2), both other election judges determine the signature on the election ballot does not match the elector's signature in the statewide voter registration database, the judges shall undertake the signature verification procedures described in section 1-7.5-107.3 (2). (d) If, upon the review required by paragraph (a) of this subsection (2), both other election judges determine the elector is eligible to cast a mail or mail-in ballot in the case of a challenge to his or her eligibility or that the elector's signature is valid in the case of a challenge to the elector's signature, the judges shall count the elector's mail or mail-in ballot. SECTION 2. Applicability. This act applies to elections conducted on or after the effective date of this act. SECTION 3. 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.