First Regular Session Seventieth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 15-0609.01 Bob Lackner x4350 HOUSE BILL 15-1193 HOUSE SPONSORSHIP Windholz, SENATE SPONSORSHIP (None), House Committees Senate Committees State, Veterans, & Military Affairs A BILL FOR AN ACT Concerning the rights of watchers in connection with the conduct of elections. 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.) Section 2 of the bill clarifies existing statutory provisions governing the conduct and rights of watchers in elections. The bill further clarifies that watchers may witness and verify all activities in the conduct of the election from the registration of electors and the printing and issuance of ballots through the completion of canvassing, certification of results, recounts, challenges to ineligible electors, and decisions of election judges. The permitted activities include assisting in the correction of discrepancies and errors. Section 2 of the bill further authorizes watchers to inspect and review all election records used by any official in the conduct of the election; except that watchers are prohibited from retaining copies of partial or interim election results prior to 7 p.m. on election day. Copies of all such records must be available to a watcher in the regular format used for records, and the bill prohibits an election official from charging a watcher a fee for obtaining copies of records that exceed the official's direct incremental cost of reproducing the record. The bill prohibits a watcher from being issued copies of records he or she has inspected that may either disclose the manner in which any individual elector has cast a ballot or that include an elector's social security number, driver's license number, or protected confidential voter information. The election records that a watcher may inspect and review under the bill include all voter registration records and signature verification records available to an election official; except that the bill prohibits copies of electors' signatures from being issued to watchers for removal from the offices of the election official. Watchers may inspect and review signature verification records in a timely and fully accessible manner to permit deliberation over and consideration of a challenge to the validity of the elector's signature prior to the final acceptance or rejection of the elector's signature. The bill permits an authorized appointing individual to appoint one watcher for each team of election judges performing election activities, and in the case of a single election official performing an activity, the bill permits each appointing individual to appoint one watcher to observe that activity. The bill permits watchers to inspect and review election records or copies of records used in the conduct of the election at any time after the record is created; except that inspection and review is not permitted during the time that such inspection would prevent the unobstructed access by an election official to a record required for use by the official. The bill permits watchers to make audio, photographic, and video recordings of all election activities, but are prohibited from recording information that may reveal how any elector cast his or her ballot, should the watcher obtain such information. The bill also prohibits a watcher from maliciously delaying the conduct of election activities. For purposes of the verification of information, or to consider a challenge to a decision made by an election official, the bill permits a watcher to make reasonable inquiries of election officials regarding the decisions they have made or the election procedures being undertaken. The bill prohibits a watcher from maliciously interfering with, or deliberately delaying, the activities of an election official. The bill prohibits an election official from obstructing or interfering with the rights of a watcher to timely witness and verify each activity or any documentary evidence used in the conduct of the election. The bill requires that any unresolved disputes or controversies arising from application of the requirements of the bill must be timely resolved by the secretary of state upon receiving a complaint from an election official, a watcher, or a watcher's certifying individual. This section of the bill also specifies when the rights of an individual watcher in connection with a particular election terminate. Section 4 of the bill repeals an existing statutory section addressing watchers at voter service and polling centers. Section 3 of the bill modifies the existing definition of "watcher" to require that a watcher be an elector of the state. 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) The intent of this act is to promote maximum practical transparency in the electoral process by clarifying the critical role of authorized watchers throughout all aspects of the election. Through this act, all interested parties will be provided with sufficient oversight over the conduct of elections through the appointment of authorized watchers who are empowered to witness and verify all aspects of the election. (b) The right of the people to self-government through the electoral process carries more legitimacy and is better accepted when election transparency and citizen oversight constitute fundamental elements of the conduct of elections; and (c) The need for complete, meaningful, and consistent transparency and oversight in connection with the conduct of all elections in the state make the matters addressed in this act those of statewide concern. SECTION 2. In Colorado Revised Statutes, 1-7-108, amend (3); and add (4), (5), (6), (7), (8), (9), (10), and (11) as follows: 1-7-108. Requirements of watchers. (3) Each watcher shall have has the right to maintain a list of eligible registered electors, and all electors who have voted, and to witness and verify each step and all activities in the conduct of the election from prior to the opening of the polls the registration of electors and the printing and issuance of ballots through the completion of the count and announcement of the results, to challenge canvassing, certification of results, and recounts. Each watcher has the right to challenge ineligible electors and decisions of election judges made during their performance of any activity authorized by this code, and to assist in the correction of discrepancies and errors. (4) Each watcher may inspect and review all election records used by any official in the conduct of the election; except that copies of partial or interim election results shall not be removed from the premises by a watcher prior to 7 p.m. on election day. Copies of all such records must be available to a watcher in the regular format used for records and, notwithstanding any other provision of law, an election official shall not charge a watcher a fee for inspecting and reviewing records. Watchers may obtain copies of such records but any fees charged for obtaining such copies shall not exceed the official's direct incremental cost of reproducing the record. A watcher shall not be issued a copy of a record he or she has inspected that may either disclose the manner in which any individual elector has cast a ballot or that include an elector's social security number, driver's license number, or confidential voter information protected under section 24-72-204 (3.5), C.R.S. (5) The election records that a watcher may inspect and review under subsection (4) of this section are all voter registration and signature verification records available to an election official; except that copies of electors' signatures shall not be issued to watchers for removal from the offices of the election official. Watchers may inspect and review signature verification records in a timely and fully accessible manner to permit deliberation over and consideration of a challenge to the validity of an elector's signature prior to the final acceptance or rejection of the elector's signature. (6) Each individual authorized to appoint a watcher under this article may appoint one watcher for each team of election judges performing election activities, and, in the case of a single election official performing an activity, each appointing individual may appoint one watcher to observe that activity. (7) Each watcher may inspect and review election records or copies of such records used in the conduct of the election at any time after the record is created; except that such inspection and review shall not be permitted during the time that such inspection would prevent the unobstructed access by an election official to a record required for use by the official. Watchers may make audio, photographic, and video recordings of all election activities, but shall not record information that may reveal how any elector cast his or her ballot, should the watcher obtain such information. nor shall any watcher in connection with any authorized recording under this subsection (7) maliciously delay the conduct of election activities. (8) For purposes of the verification of information, or to consider making a challenge to a decision made by an election official, a watcher may make reasonable inquiries of election officials regarding the decisions they have made or the election procedures being undertaken. A watcher shall not maliciously interfere with, or deliberately delay, the activities of an election official. (9) An election official shall not obstruct or interfere with the rights of a watcher under this section to timely witness and verify each activity or documentary evidence used in the conduct of the election. (10) Any unresolved disputes or controversies arising from application of the requirements of this section must be timely resolved by the secretary of state upon receiving a complaint from an election official, a watcher, or a watcher's appointing individual under subsection (6) of this section. The secretary's resolution of the dispute or controversy must be made in a manner that is most favorable to supporting the state's fundamental interests in transparency and citizen oversight of the conduct of elections. This subsection (10) is not intended to constitute the exclusive remedy for such disputes or controversies. (11) The rights of an individual watcher in connection with a particular election under this section terminate upon the final determination and certification of an election after all recounts and election contests have been resolved, including any final judgment comprising, without limitation, any civil or criminal appeal arising out of the election. SECTION 3. In Colorado Revised Statutes, 1-1-104, amend (51) as follows: 1-1-104. Definitions. As used in this code, unless the context otherwise requires: (51) "Watcher" means an eligible elector of the state other than a candidate on the ballot who has been selected by a political party chairperson on behalf of the political party, by a party candidate at a primary election, by an unaffiliated candidate at a general, congressional vacancy, or nonpartisan election, or by a person designated by either the opponents or the proponents in the case of a ballot issue or ballot question. If selected by a political party chairperson, a party candidate, or an unaffiliated candidate, the watcher shall be affiliated with that political party or unaffiliated as shown on the registration books of the county clerk and recorder. SECTION 4. In Colorado Revised Statutes, repeal 1-7.5-114. SECTION 5. Applicability. This act applies to elections conducted on or after the effective date of this act. SECTION 6. 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.