First Regular Session
               Seventieth General Assembly
                    STATE OF COLORADO
                                                 INTRODUCED
                                                           
                                                           
 LLS NO. 15-0399.01 Bob Lackner x4350    HOUSE BILL 15-1011
                    HOUSE SPONSORSHIP
 Rosenthal, 
 
                   SENATE SPONSORSHIP
 (None),
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 House Committees
 Senate Committees
 
 
 State, Veterans, & Military Affairs
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                         A BILL FOR AN ACT
       Concerning the disclosure of the contents of an elector's
            voted ballot.
       
       
                           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.)
       
            For elections conducted under the "Uniform Election Code of
       1992", current law, which applies to any person, makes disclosing how
       or for whom an elector has voted a misdemeanor. The bill narrows this
       provision to those persons who, in the course of performing any
       elections-related duty or function, obtain any knowledge as to how a
       person has voted.
            Additionally, both the "Uniform Election Code of 1992" and the
       "Municipal Election Code" prohibit a voter from showing to anyone else
       his or her ballot in such way as to reveal its contents. The bill repeals this
       provision.
       
       
       
       Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1.  In Colorado Revised Statutes, 1-13-712, amend (1)
       and (3) as follows:
            1-13-712.  Disclosing or identifying vote. (1)  Except as provided
       in section 1-7-108, no voter shall show his ballot after it is prepared for
       voting to any person in such a way as to reveal its contents. No voter shall
       place any mark upon his or her ballot by means of which it can be
       identified as the one voted by him or her, and no other mark shall be
       placed on the ballot by any person to identify it after it has been prepared
       for voting.
            (3)  No Any election official, watcher, or other person who, in
       the course of performing any duty or function required or
       authorized by this code, obtains any knowledge as to how a
       voter has voted, shall not reveal to any other person the name of any
       candidate for whom a voter has voted or communicate to another his or
       her opinion, belief, or impression as to how or for whom a voter has
       voted.
            SECTION 2.  In Colorado Revised Statutes, amend 31-10-1517
       as follows:
            31-10-1517.  Disclosing or identifying vote. Except as provided
       in section 31-10-608 or 31-10-609, no voter shall show his ballot after it
       is prepared for voting to any person in such a way as to reveal its
       contents, and No person shall solicit or induce the a voter to do so
       reveal how he or she voted. No voter shall place any mark upon his
       or her ballot by means of which it can be identified as the one voted by
       him or her, and no other mark shall be placed upon the ballot to identify
       it after it has been prepared for voting. Any person violating the
       provisions of this section commits a misdemeanor and, upon conviction
       thereof, shall be punished as provided in section 31-10-1504.
            SECTION 3.  Act subject to petition - effective date -
       applicability. (1)  This act takes effect at 12:01 a.m. on the day following
       the expiration of the ninety-day period after final adjournment of the
       general assembly (August 5, 2015, if adjournment sine die is on May 6,
       2015); except that, if a referendum petition is filed pursuant to section 1
       (3) of article V of the state constitution against this act or an item, section,
       or part of this act within such period, then the act, item, section, or part
       will not take effect unless approved by the people at the general election
       to be held in November 2016 and, in such case, will take effect on the
       date of the official declaration of the vote thereon by the governor.
            (2)  This act applies to elections conducted on or after the
       applicable effective date of this act.