First Regular Session Seventieth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 15-0565.01 Bob Lackner x4350 HOUSE BILL 15-1051 HOUSE SPONSORSHIP Neville P., SENATE SPONSORSHIP Neville T., House Committees Senate Committees State, Veterans, & Military Affairs A BILL FOR AN ACT Concerning the administration of local government 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 1 of the bill clarifies the powers and duties of the secretary of state (secretary) to supervise the conduct of municipal and local government elections in addition to the secretary's existing powers and duties under the "Uniform Election Code of 1992". To verify signatures of eligible electors in such elections, sections 2 and 5 of the bill require the secretary to provide to the designated election official (official) or municipal clerk (clerk), as applicable, for the use of election judges overseeing any elections, a copy of the 3 most recent signatures of each eligible elector that are stored in the statewide voter registration system. These sections of the bill further require that, in any election conducted under an election code incorporated into the Colorado revised statutes, 2 election judges are to compare the signature on the self-affirmation on each return envelope with the signature of the eligible elector that has been provided to the official or clerk by the secretary. If, upon comparing the signature of an eligible elector on the self-affirmation on the return envelope with the signature of the eligible elector stored in the statewide voter registration system, there is any disagreement between the 2 election judges as to whether there is a match, the discrepancy must be referred to the official or clerk. If the official or clerk determines the signatures match, and if the ballot is otherwise valid, the ballot must be counted in conformity with existing procedures under the "Uniform Election Code of 1992". If the official or clerk determines the signatures do not match, existing procedures for resolving a discrepancy caused by signatures that do not match must be followed. Sections 3 and 4 of the bill require the secretary to establish by rule a uniform administrative complaint procedure that is open to any individual who witnesses a violation of the election codes governing municipal or local government elections. The bill specifies the matters the rules must address. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, 1-1-107, amend (1) (b) as follows: 1-1-107. Powers and duties of secretary of state - penalty. (1) In addition to any other duties prescribed by law, the secretary of state has the following duties: (b) To enforce the provisions of this code all election codes incorporated into the Colorado Revised Statutes; SECTION 2. In Colorado Revised Statutes, 1-13.5-1105, amend (6) as follows: 1-13.5-1105. Procedures for conducting independent mail ballot election. (6) (a) Once the ballot is returned, an election judge shall first qualify the submitted ballot by comparing the information on the return envelope with the registration records and property owners list, as applicable, to determine whether the ballot was submitted by an eligible elector who has not previously voted in the election. If the ballot qualifies and is otherwise valid, the election judge shall indicate in the pollbook that the eligible elector cast a ballot and deposit the ballot in an official ballot box prepare the ballot for counting. (b) To verify signatures of eligible electors for purposes of this section, the secretary of state shall provide to the designated election official by electronic means, for the use of election judges overseeing any elections conducted under this section, not less than thirty days before the date of the election, a copy of the three most recent signatures of each eligible elector that is stored in the statewide voter registration system. (c) In every election conducted under this article, two election judges shall compare the signature on the self-affirmation on each return envelope with the signature of the eligible elector that has been provided to the designated election official by the secretary of state pursuant to paragraph (b) of this subsection (6). (d) If, upon comparing the signature of an eligible elector on the self-affirmation on the return envelope with the signature of the eligible elector stored in the statewide voter registration system, there is any disagreement between the two election judges as to whether there is a match, the discrepancy must be referred to the designated election official. If the official determines the signatures match, and if the ballot is otherwise valid, the procedures specified in section 1-7.5-107 (6) concerning the qualification and counting of mail ballots must be followed. If the official determines the signatures do not match, the procedures specified in section 1-7.5-107.3 (2) (a) for resolving a discrepancy caused by signatures that do not match must be followed. (e) An election judge shall not determine that the signature of an eligible elector on the self-affirmation does not match the signature of that eligible elector that is stored in the statewide voter registration system solely on the basis of substitution of initials or use of a common nickname. (f) The designated election official shall provide training in the technique and standards of signature comparison to election judges who compare signatures pursuant to this section. (g) The secretary of state shall adopt rules in accordance with article 4 of title 24, C.R.S., as he or she finds necessary to promote the more effective implementation of this subsection (6). SECTION 3. In Colorado Revised Statutes, 1-13.5-1401, add (2) as follows: 1-13.5-1401. Person elected - contest - causes - administrative complaint procedure - rules. (2) Not later than June 30, 2015, the secretary of state shall establish by rule in accordance with article 4 of title 24, C.R.S., a uniform administrative complaint procedure that is open to any individual who witnesses a violation of this article. The rules must address, without limitation, the form of the complaint, processing and docketing matters, the investigation of the complaint, any hearing on and resolution of the complaint, alternative dispute resolution, if any, remedies, and similar matters. SECTION 4. In Colorado Revised Statutes, add 31-10-110 as follows: 31-10-110. Administrative complaint procedure - rules. The secretary of state shall establish by rule in accordance with article 4 of title 24, C.R.S., a uniform administrative complaint procedure that is open to any individual who witnesses a violation of this article. The rules must address, without limitation, the form of the complaint, processing and docketing matters, the investigation of the complaint, any hearing on and resolution of the complaint, alternative dispute resolution, if any, remedies, and similar matters. SECTION 5. In Colorado Revised Statutes, 31-10-910, amend (4) as follows: 31-10-910. Procedures for conducting mail ballot election. (4) (a) Once the ballot is returned, an election judge shall first qualify the submitted ballot by comparing the information on the return envelope with the registration records to determine whether the ballot was submitted by an eligible elector who has not previously voted in the election. If the ballot so qualifies and is otherwise valid, the election judge shall indicate in the pollbook that the eligible elector cast a ballot and deposit the ballot in an official ballot box prepare the ballot for counting. (b) To verify signatures of eligible electors for purposes of this section, the secretary of state shall provide to the clerk by electronic means, for the use of election judges overseeing any elections conducted under this section, not less than thirty days before the date of the election, a copy of the three most recent signatures of each eligible elector that is stored in the statewide voter registration system. (c) In every election conducted under this article, two election judges shall compare the signature on the self-affirmation on each return envelope with the signature of the eligible elector that has been provided to the clerk by the secretary of state pursuant to paragraph (b) of this subsection (4). (d) If, upon comparing the signature of an eligible elector on the self-affirmation on the return envelope with the signature of the eligible elector stored in the statewide voter registration system, there is any disagreement between the two election judges as to whether there is a match, the discrepancy must be referred to the clerk. If the clerk determines the signatures match, and if the ballot is otherwise valid, the procedures specified in section 1-7.5-107 (6), C.R.S., concerning the qualification and counting of mail ballots must be followed. If the clerk determines the signatures do not match, the procedures specified in section 1-7.5-107.3 (2) (a), C.R.S., for resolving a discrepancy caused by signatures that do not match must be followed. (e) An election judge shall not determine that the signature of an eligible elector on the self-affirmation does not match the signature of that eligible elector that is stored in the statewide voter registration system solely on the basis of substitution of initials or use of a common nickname. (f) The clerk shall provide training in the technique and standards of signature comparison to election judges who compare signatures pursuant to this subsection (4). (g) The secretary of state shall adopt rules in accordance with article 4 of title 24, C.R.S., as he or she finds necessary to promote the more effective implementation of this subsection (4). SECTION 6. Applicability. This act applies to elections conducted on or after the effective date of this act. SECTION 7. 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.