NOTE: The governor signed this measure on 3/23/2016.
      
      
      SENATE BILL 16-055
      
      
      BY SENATOR(S) Grantham, Donovan, Crowder, Sonnenberg,
      Baumgardner, Cooke, Hodge, Holbert, Lambert, Lundberg, Marble,
      Martinez Humenik, Neville T., Roberts, Scheffel, Scott, Tate, Woods,
      Cadman;
      also REPRESENTATIVE(S) Moreno, Arndt, Becker J., Brown, Esgar,
      Hamner, Mitsch Bush, Saine, Vigil, Wilson, Winter.
      
      
      Concerning the conduct of elections to choose the board of
           directors of a cooperative electric association.
      
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  In Colorado Revised Statutes, 40-9.5-110, amend (2)
      (a) and (2) (c) as follows:
      
           40-9.5-110.  Board of directors of cooperative electric
      associations - nomination - elections. (2) (a) (I)  Each member of the
      association shall be is entitled to vote in the election of directors on the
      board of directors either at a meeting held for such purpose or by mail, but
      not both. A member who has voted by mail shall is not be entitled to vote
      at the meeting.
      
           (II)  Mail voting shall must be in writing on ballots provided by the
      association. The mail ballot shall be voted by the member, placed in a
      special secrecy sleeve or inner envelope provided for the purpose so as
      to conceal the marking on the ballot, deposited in a return envelope, which
      must be signed by the voting member, and mailed back to the association
      or to an independent third party with whom the association has
      contracted for the storage and counting of ballots in
      accordance with paragraph (c) of this subsection (2).
      
           (III)  A mail ballot received in a signed return envelope but
      without a secrecy sleeve or inner envelope is nonetheless valid
      and shall be counted.
      
           (c)  The board of directors shall, when practicable, arrange for an
      independent third party to oversee the storage and counting of ballots. If
      this is not practicable, then ballots shall be collected and stored in a manner
      that protects the privacy of their content. All candidates for the board of
      directors shall be given the opportunity to be present to observe their
      tabulation the counting of the ballots; except that, if the
      association has contracted with an independent third party to
      collect and count ballots, the ballots must be delivered to the
      association under seal promptly after the count and, upon the
      request of any candidate, made available to the candidate for
      inspection.
      
           SECTION 2.  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 10, 2016, if adjournment sine die is on May 11,
      2016); 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 board elections conducted on or after the
      applicable effective date of this act.
      
      
      
      
      ____________________________  ____________________________
      Bill L. Cadman                Dickey Lee Hullinghorst
      PRESIDENT OF                     SPEAKER OF THE HOUSE
      THE SENATE                         OF REPRESENTATIVES
      
      
      
      
      
      
      ____________________________  ____________________________
      Effie Ameen                            Marilyn Eddins
      SECRETARY OF                 CHIEF CLERK OF THE HOUSE
      THE SENATE                         OF REPRESENTATIVES
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    John W. Hickenlooper
                                    GOVERNOR OF THE STATE OF COLORADO