Second Regular Session Seventieth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 16-0097.01 Bob Lackner x4350 HOUSE BILL 16-1126 HOUSE SPONSORSHIP Windholz, SENATE SPONSORSHIP (None), House Committees Senate Committees State, Veterans, & Military Affairs A BILL FOR AN ACT Concerning the role of election 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.) In connection with the role of watchers in elections, the bill does the following: Section 2 of the bill requires the chairperson of the county central committee of each political party to select the names of the persons who will represent their political party in each precinct in the county as a watcher. If such chairperson is not able to make the appointments, the chairperson of the state central committee of the political party or another official of the state political party are required to make the appointments. To the extent possible, the chairperson is required to submit the names no later than the 25th day before the election. Section 3 of the bill requires that, in the case of an issue committee, the registered agent of the issue committee is the authorized representative of the issue committee entitled to appoint one or more watchers. To the extent possible, the particular appointing authority is required to submit the names no later than the 25th day before the election. Section 4 of the bill imposes the same requirements with respect to proponents and opponents of a ballot issue. Section 5 of the bill specifies procedures to be followed if a watcher sees a potential discrepancy. This section of the bill also allows the watcher to observe the process of signature verification. This section of the bill additionally contains an oath or affirmation that a person appointed as a watcher is to recite before beginning his or her service. Section 6 of the bill specifies that statutory provisions prohibiting the disclosure of certain election-related information does not apply to the disclosure of any such information to an individual performing the duties of a watcher who has also successfully passed a criminal background check. Nothing in the bill prohibits a watcher who has also successfully passed a criminal background check from viewing signatures during the conduct of an election. Section 7 of the bill requires that a background check be conducted of any individual who is to be appointed to serve as a watcher in any election with access to confidential election information. This section of the bill also allows a county clerk and recorder to access the criminal history records through the public website maintained by the Colorado bureau of investigation for any such watcher. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. Legislative declaration. The general assembly hereby finds, determines, and declares that, by enacting House Bill 16-____, the general assembly intends to facilitate the appointment of election watchers and clarify the rights and responsibilities of watchers in the election process. SECTION 2. In Colorado Revised Statutes, amend 1-7-105 as follows: 1-7-105. Watchers at primary elections. (1) Each political party participating in a primary election shall be is entitled to have a watcher in each precinct in the county. The chairperson of the county central committee of each political party shall select the names of the persons who will represent their political party in each precinct in the county as a watcher. If the chairperson is not able to make the appointments, the chairperson of the state central committee of the political party or another official of the state political party shall make the appointments. The chairperson of the county central committee of each political party shall certify the persons selected as watchers on forms provided by the county clerk and recorder and submit the names of the persons selected as watchers to the county clerk and recorder. To the extent possible, the chairperson shall submit the names by the close of business on the Friday immediately preceding no later than the twenty-fifth day before the election. (2) In addition, candidates for nomination on the ballot of any political party in a primary election shall be are entitled to appoint some person to act on their behalf in every precinct in which they are a candidate. Each candidate shall certify the persons appointed as watchers on forms provided by the county clerk and recorder and submit the names of the persons selected as watchers to the county clerk and recorder. To the extent possible, the candidate shall submit the names by the close of business on the Friday immediately preceding no later than the twenty-fifth day before the election. SECTION 3. In Colorado Revised Statutes, amend 1-7-106 as follows: 1-7-106. Watchers at general and congressional vacancy elections. Each participating political party or issue committee whose candidate or issue is on the ballot, and each unaffiliated and write-in candidate whose name is on the ballot for a general or congressional vacancy election, is entitled to have no more than one watcher at any one time in each voter service and polling center in the county and at each place where votes are counted in accordance with this article. In the case of an issue committee, the registered agent of the issue committee is the authorized representative of the issue committee entitled to appoint one or more watchers under this section. The chairperson of the county central committee of each major political party, the county chairperson or other authorized official of each minor political party, the issue committee, or the write-in or unaffiliated candidate shall certify the names of one or more persons selected as watchers on forms provided by the county clerk and recorder and submit the names of the persons selected as watchers to the county clerk and recorder. To the extent possible, the chairperson, authorized official, issue committee, or candidate shall submit the names by the close of business on the Friday immediately preceding no later than the twenty-fifth day before the election. The watchers shall surrender the certificates to the election judges at the time they enter the voter service and polling center and are sworn by the judges. This section does not prevent party candidates or county party officers from visiting voter service and polling centers or drop-off locations to observe the progress of voting. SECTION 4. In Colorado Revised Statutes, amend 1-7-107 as follows: 1-7-107. Watchers at nonpartisan elections. Candidates for office in nonpartisan elections, and proponents and opponents of a ballot issue, are each entitled to appoint one person to act as a watcher in every polling place in which they are a candidate or in which the issue is on the ballot. In the case of proponents and opponents of a ballot issue, the registered agent of the proponents or opponents, as applicable, is the authorized representative of such proponents and opponents entitled to appoint one or more watchers under this section. The candidates or proponents and opponents shall certify the names of persons so appointed to the designated election official on forms provided by the official and submit the names of the persons selected as watchers to the county clerk and recorder. To the extent possible, the candidate, proponent, or opponent shall submit the names by the close of business on the Friday immediately preceding no later than the twenty-fifth day before the election. SECTION 5. In Colorado Revised Statutes, 1-7-108, amend (3); and add (4) and (5) as follows: 1-7-108. Election watchers - requirements - duties - oath or affirmation - definition. (3) (a) Each watcher shall have the right to may maintain a list of eligible electors who have voted, to witness and verify each step in the conduct of the election from prior to the opening of the polls through the completion of the count and announcement of the results, to challenge ineligible electors, and to assist in the correction of discrepancies. If a watcher sees a potential discrepancy, he or she may communicate with the supervisor judge or watcher contact and request that the discrepancy be corrected. If the supervisor judge reviews the potential discrepancy and disagrees with the watcher, the watcher shall inform his or her appointing authority of the potential discrepancy. The watcher's appointing authority may then contact the county clerk and recorder or the secretary of state in an attempt to resolve the issue, file an action under section 1-1-113 (1), or take any other action the appointing authority deems appropriate under the circumstances. (b) In order to perform the duties and responsibilities assigned to an election watcher under this code, the watcher may observe the process of signature verification. (4) Before beginning the duties of a watcher, each person appointed as a watcher shall take an oath or affirmation in substantially the following form: "I, ..................., do solemnly swear (or affirm) that I am a citizen of the United States and the state of Colorado; that I am an eligible elector who resides in the county of .................... or within the ....... political subdivision; (in connection with a partisan election) that I am a member of the ............... party as shown on the registration books of the county clerk and recorder (or that I am unaffiliated with a political party, as applicable, or that, in the case of an election in which a ballot issue is on the ballot, I am a supporter or opponent of the ballot issue, as applicable); that I will perform the duties of watcher according to law and the best of my ability; that I will not try to determine how any elector voted, nor will I disclose how any elector voted if in the discharge of my duties as watcher such knowledge comes to me; that I have never been convicted of any election offense or fraud and that, if any ballots are counted before the polls close on the date of the election, I will not disclose the result of the votes until after the polls have closed and the results are formally announced by the designated election official." (5) For purposes of this part 1, "appointing authority" means the person responsible for selecting an individual to serve as a watcher. SECTION 6. In Colorado Revised Statutes, 1-2-302, amend (8) as follows: 1-2-302. Maintenance of computerized statewide voter registration list - confidentiality. (8) The secretary of state shall provide adequate technological security measures to prevent unauthorized access to the computerized statewide voter registration list. The secretary of state, the department of revenue, the department of public health and environment, the department of corrections, and the clerk and recorders shall not sell, disclose, or otherwise release a social security number, a driver's license or a state-issued identification number, or the unique identification number assigned by the secretary of state to the voter pursuant to section 1-2-204 (2.5) or electronic copies of signatures created, transferred, or maintained pursuant to this section or section 42-1-211, C.R.S., to any individual other than the elector who created such signature absent such elector's consent; except that nothing in this subsection (8) prohibits the sale, disclosure, or release of an electronic copy of such signature for use by any other public entity in carrying out its functions, or the sale, disclosure, or release of a photocopied or microfilmed image of an elector's signature, including the disclosure of any such information to an individual performing the duties of a watcher in accordance with section 1-7-108 who has also successfully passed a criminal background check in accordance with section 24-72-305.6 (4), C.R.S. Nothing in this section prohibits a watcher, in accordance with section 1-7-108, who has also successfully passed a criminal background check in accordance with section 24-72-305.6, C.R.S., from viewing signatures during the conduct of an election. SECTION 7. In Colorado Revised Statutes, 24-72-305.6, add (4) as follows: 24-72-305.6. County clerk and recorder access to criminal history records of election judges, employees, and watchers. (4) (a) Before an individual is to be appointed under the "Uniform Election Code of 1992", articles 1 to 13 of title 1, C.R.S., to serve as a watcher in any election with access to confidential election information, a background check of the appointee must be conducted. Only watchers who have access to confidential election information are required to undertake a background check pursuant to this section. In collaboration with the county clerks and recorders, the secretary of state shall create a system whereby watchers with access to confidential information are easily recognizable to election officials and others employed in voting service and polling centers such as, for example, through the use of color-coded identification badges. (b) The cost of conducting the background check required by paragraph (a) of this subsection (4) must be assumed by the appointing authority, as defined in section 1-7-108 (5), C.R.S. Not later than January 1, 2017, the secretary of state shall research the most cost-effective options for conducting the background checks required under paragraph (a) of this subsection (4) and will post its findings of this research on the public website maintained by the secretary of state. This research must include alternative means for a potential watcher to provide a recent background check. (c) A county clerk and recorder may access the criminal history records that are maintained by or within the state directly through the public website maintained by the Colorado bureau of investigation for any watcher who has been duly appointed by law and who is provided access to confidential election information. The county clerk and recorder may request the records not more than once each calendar year prior to the first election of the year. SECTION 8. 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 elections conducted on or after the applicable effective date of this act.