NOTE: The governor signed this measure on 5/18/2016.
      
      
      SENATE BILL 16-142
      
      
      BY SENATOR(S) Scott, Heath, Kerr, Todd, Ulibarri;
      also REPRESENTATIVE(S) Ryden, Becker K., Danielson, Kraft-Tharp,
      Lebsock, Lontine, Pabon, Pettersen, Winter, Hullinghorst.
      
      
      Concerning modernization of election law provisions, and, in
           connection therewith, correcting statutory citations,
           updating terms and procedures to reflect modern elections
           administration, conforming state law to federal law,
           eliminating redundancies and obsolete references and
           practices, harmonizing durational residency requirements
           for certain local government elections, and making an
           appropriation.
      
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  In Colorado Revised Statutes, 1-1-104, amend (2.8)
      (c), (16.5), (19.5) (a) (I), and (51); repeal (36); and add (46.7) as follows:
      
           1-1-104.  Definitions. As used in this code, unless the context
      otherwise requires:
      
           (2.8)  "Confirmation card" means a communication mailed from a
      county clerk and recorder to an elector pursuant to section 1-2-302.5,
      1-2-509, or 1-2-605, which card must:
      
           (c)  Comply with all relevant requirements of the federal "National
      Voter Registration Act of 1993", 42 U.S.C. sec. 1973gg 52 U.S.C. sec.
      20501 et seq., as amended; and
      
           (16.5)  "Federally accredited laboratory" means a laboratory certified
      under section 231 of the federal "Help America Vote Act of 2002", Pub.L.
      107-252, codified at 42 U.S.C. sec. 15301 et seq., 52 U.S.C. 20901 et seq.,
      or any successor section.
      
           (19.5) (a)  "Identification" means:
      
           (I)  A valid Colorado driver's license, except a license issued
      under part 5 of article 2 of title 42, C.R.S.;
      
           (36)  "Registration book" means the original elector registration
      records for each county retained and stored on the statewide voter
      registration system created in section 1-2-301. The system must have the
      capability to export active and inactive registration records, to retain the
      voting history for each active and inactive registration by surname, and to
      retain completed voter signature forms by precinct for each election.
      
           (46.7)  "Statewide voter registration system" means the
      centralized statewide voter registration system, commonly
      referred to as "SCORE", created in section 1-2-301.
      
           (51)  "Watcher" means an eligible elector 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 must be affiliated with that political party or unaffiliated
      as shown on the registration books of the county clerk and recorder in the
      statewide voter registration system.
      
           SECTION 2.  In Colorado Revised Statutes, 1-1-107, amend (1)
      (d), (1) (e), (2) introductory portion, and (2) (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:
      
           (d)  To coordinate the responsibilities of the state of Colorado under
      the federal "National Voter Registration Act of 1993", 42 U.S.C. sec.
      1973gg 52 U.S.C. sec. 20501 et seq.;
      
           (e)  To serve as the chief state election official within the meaning
      of the federal "Help America Vote Act of 2002", Pub.L. 107-252 52 U.S.C.
      20901 et seq., and, in that capacity, to coordinate the responsibilities of the
      state of Colorado under the federal act in accordance with the requirements
      of this code.
      
           (2)  In addition to any other powers prescribed by law, the secretary
      of state shall have has the following powers:
      
           (b)  To inspect, with or without the filing of a complaint by any
      person, and review the practices and procedures of county clerk and
      recorders, election commissions, their employees, and other election
      officials in the conduct of primary, general, and congressional vacancy
      elections and the registration of electors in this state;
      
           SECTION 3.  In Colorado Revised Statutes, 1-1-109, amend (2) as
      follows:
      
           1-1-109.  Forms prescribed - rules. (2)  A registered elector shall
      make elector registration information changes on an approved form, and
      the elector registration information changes shall must be entered on the
      elector's registration record and retained and stored in a registration book,
      as provided for in section 1-1-104 (36) the statewide voter
      registration system.
      
           SECTION 4.  In Colorado Revised Statutes, 1-1-301, amend (1) as
      follows:
      
           1-1-301.  Certification program. (1)  The secretary of state shall
      establish and operate or provide by contract a certification program for
      local election officials on the conduct of elections, the federal "Help
      America Vote Act of 2002", Pub.L. 107-252, codified at 42 U.S.C. sec.
      15301 et seq. 52 U.S.C. 20901 et seq., and other topics related to elections.
      
           SECTION 5.  In Colorado Revised Statutes, 1-1.5-102, amend (3)
      as follows:
      
           1-1.5-102.  Definitions. As used in this article, unless the context
      otherwise requires:
      
           (3)  "HAVA" means the federal "Help America Vote Act of 2002",
      Pub.L. 107-252, codified at 42 U.S.C. sec. 15301 et seq. 52 U.S.C. 20901
      et seq.
      
           SECTION 6.  In Colorado Revised Statutes, 1-1.5-105, amend (2)
      introductory portion and (2) (b) as follows:
      
           1-1.5-105.  Complaint procedure. (2)  Any rules promulgated
      pursuant to subsection (1) of this section shall must provide for, but need
      not be limited to, the following:
      
           (b)  Authorization for any person who has either been personally
      aggrieved by or has personally witnessed believes that there is a
      violation of Title III of HAVA, including a violation that has occurred,
      is occurring, or that is about to occur, as applicable, to file a complaint;
      
           SECTION 7.  In Colorado Revised Statutes, add with amended
      and relocated provisions 1-2-201 (5) as follows:
      
           1-2-201.  Registration required - deadlines - additional
      identifying information to be provided by first-time registrants.
      (5) [Formerly 1-2-501 (1.5)]  An elector who submits a voter registration
      form by mail and has not previously voted in the county or in the state
      shall:
      
           (a)  Submit with the voter registration form a copy of identification
      as defined in section 1-1-104 (19.5), the elector's driver's license number,
      or the last four digits of the elector's social security number; or
      
           (b)  Submit a copy of identification as defined in section 1-1-104
      (19.5) with the elector's mail ballot in accordance with section 1-7.5-107
      (3.5).
      
           SECTION 8.  In Colorado Revised Statutes, 1-2-202.5, amend (3)
      (b), (3) (d), and (7) (c) (II) as follows:
      
           1-2-202.5.  Online voter registration - online changes in elector
      information. (3)  The electronic voter registration form must include:
      
           (b)  The questions specified in section 1-2-204 (1) and (2) with
      places for the elector to input information in response to the questions;
      
           (d)  A The self-affirmation that the elector is qualified to register
      and that the information entered by the elector on the electronic application
      is true required under section 1-2-205; and
      
           (7) (c) (II)  A change or withdrawal of affiliation made in
      accordance with this section applies to an election if the elector completes
      the electronic form no later than twenty-nine days before the election;
      except that, if the twenty-ninth day before an election is a
      Saturday, Sunday, or legal holiday, the change or withdrawal
      applies if made by the next day that is not a Saturday, Sunday, or
      legal holiday.
      
           SECTION 9.  In Colorado Revised Statutes, amend 1-2-203 as
      follows:
      
           1-2-203.  Registration on Indian reservations. The secretary or
      secretary's designee of any tribal council of an Indian tribe located on a
      federal reservation which that has no municipality contained within the
      reservation shall serve serves as a deputy registrar only for registration
      purposes for the county in which the reservation is located. The secretary
      of the tribal council or the secretary's designee shall take registrations only
      in the tribal council headquarters. The secretary of the tribal council or the
      secretary's designee shall register any eligible elector residing in any
      precinct in the county who appears in person in the office of the secretary
      of the tribal council at any time during which registration is permitted in the
      office of the county clerk and recorder. The secretary of the tribal council
      shall forward the registration records to the county clerk and recorder,
      either in person or by certified mail, on or before the fifteenth day of each
      month; except that, within twenty-two days before an election, the
      secretary of the tribal council shall appear in person or transmit daily to
      deliver any registration records to the county clerk and recorder. on the day
      following the last day that registration is permitted preceding any election
      for which registration is required. Within eight days before an
      election, the secretary of the tribal council shall accept an
      application and inform the applicant that he or she must go to a
      voter service and polling center in order to vote in that election.
      
           SECTION 10.  In Colorado Revised Statutes, 1-2-204, amend (2)
      introductory portion and (2) (d); repeal (1); and add (4.5) as follows:
      
           1-2-204.  Questions answered by elector - rules. (1)  The county
      clerk and recorder shall ask each eligible elector making application for
      registration, and the elector shall answer, the following:
      
           (a)  Whether the elector intends to claim the elector's present address
      as the elector's sole legal place of residence and, in so doing, to abandon
      claim to any other legal residence;
      
           (b)  Whether the elector is aware that, if the elector is a resident of
      this state for voting purposes, the elector is also a resident of this state for
      motor vehicle registration and operation purposes and for income tax
      purposes;
      
           (c)  Whether the elector is aware that the elector cannot legally vote
      in more than one place in any election; and
      
           (d)  Whether the elector is aware that a violation of the
      self-affirmation the elector is about to make is a criminal act under the laws
      of this state and will subject the elector to the penalties provided by law.
      
           (2)  In addition, each eligible elector shall be asked, and the elector
      shall correctly answer the following:
      
           (d)  The elector's gender identity, if the elector wishes to state it;
      
           (4.5)  This section does not apply to a covered voter, as
      defined in section 1-8.3-102, who is registering to vote pursuant to
      section 1-8.3-107.
      
           SECTION 11.  In Colorado Revised Statutes, 1-2-213, amend (1),
      (2) (a), (2) (d), (5), and (6) as follows:
      
           1-2-213.  Registration at driver's license examination facilities.
      (1)  The department of revenue, through its local driver's license
      examination facilities, shall provide each eligible elector who applies for
      the issuance, renewal, or correction of any type of driver's license or for an
      identification card pursuant to part 3 of article 2 of title 42, C.R.S., an
      opportunity to complete an application to register to vote, by use of a form
      containing the necessary information required by which application
      provides the information required under this part 2.
      
           (2) (a)  An applicant who wishes to complete an application for
      registration must read and answer the questions provide the information
      required by section 1-2-204 and shall make the self-affirmation required
      under section 1-2-205. Each application for registration must bear the
      following statement: "Warning: It is a class 1 misdemeanor to affirm falsely
      as to your qualifications to register to vote.".
      
           (d)  The authorized employee shall stamp the application for
      registration with a validation stamp and indicate on the driver's license that
      the bearer registered to vote, which license shall be the elector's receipt.
      Applications and changes shall must be forwarded on a weekly basis, or
      on a daily basis when open during the last week allowed for registration
      prior to any election conducted by the county clerk and recorder,
      to the county clerk and recorder of the county in which the driver's license
      examination facility is located, and, if the applicant lives in a different
      county from the facility, the application shall then be forwarded to the
      county clerk and recorder of the county in which the applicant resides.
      
           (5)  The department of revenue and the secretary of state shall jointly
      develop an application form or process, and a change of name and
      address form which shall allow or process, that allows an applicant
      wishing to register to vote to do so by the use of a single form containing
      the necessary information required by this part 2 and the information
      required for the issuance, renewal, or correction of the driver's license or
      identification card. The without duplicating any information
      required for the issuance, renewal, or correction of the driver's
      license or identification card. Any such forms shall must be
      furnished to the local driver's license examination facilities by the
      department of revenue.
      
           (6)  Unless the registrant states on the form that the change of
      address is not for voter registration purposes, any eligible elector who
      continues to reside in the county where the elector is registered to vote and
      who informs a driver's license examination facility of a change of name or
      address shall must have notice of the change of name or address forwarded
      by the driver's license examination facility to the county clerk and recorder
      of the county in which the driver's license facility is located. If the elector
      lives in a different county from the facility, the county clerk and recorder
      shall forward the change to the county clerk and recorder of the county in
      which the elector resides. The county clerk and recorder of the county in
      which the elector resides shall change the registration record of the elector
      to reflect the change of name and address.
      
           SECTION 12.  In Colorado Revised Statutes, 1-2-217.7, amend (4)
      (a) (II); and repeal (4) (b) as follows:
      
           1-2-217.7.  Registration on or immediately prior to election day
      - locations - rules - legislative declaration. (4)  Registration at voter
      service and polling centers. (a)  An elector may register and vote prior to
      an election or on election day if the elector:
      
           (II)  Completes and signs a voter registration application in the form
      prescribed by the secretary of state by rule, which application must include
      the questions contained in section 1-2-204 (1) and (2);
      
           (b)  In addition to executing the self-affirmation required under
      section 1-2-205 (2), an elector registering to vote under this section shall
      complete and sign a voter registration affidavit, in a form prescribed by the
      secretary of state, that contains the following oath:
           I, .........., hereby certify under penalty of perjury that, to the
           best of my knowledge, I have not, nor will I, cast more than
           one ballot in this election.
      
           SECTION 13.  In Colorado Revised Statutes, 1-2-218, amend (1)
      introductory portion as follows:
      
           1-2-218.  Change of name. (1)  Any eligible elector who has been
      registered in the county and who subsequently has had a name change by
      any legal means may have his or her name changed on the registration book
      in the statewide voter registration system by:
      
           SECTION 14.  In Colorado Revised Statutes, 1-2-218.5, amend (2)
      as follows:
      
           1-2-218.5.  Declaration of affiliation. (2)  Any eligible elector who
      has not declared an affiliation with a political party or political organization
      shall must be designated on the registration records of the county clerk and
      recorder as "unaffiliated". Any unaffiliated eligible elector may declare a
      political party affiliation when the elector desires to vote at a primary
      election as provided in section 1-7-201 (2), or the elector may declare his
      or her political party or political organization affiliation at any other time
      during which electors are permitted to register. by submitting a letter or a
      form furnished by the county clerk and recorder, either by mail or in
      person.
      
           SECTION 15.  In Colorado Revised Statutes, 1-2-219, amend (1)
      as follows:
      
           1-2-219.  Changing or withdrawing declaration of affiliation.
      (1)  Any eligible elector desiring to change or withdraw the elector's
      affiliation may do so by completing and signing a prescribed request for the
      change or withdrawal and filing it with the county clerk and recorder or by
      submitting a personal letter written by the elector to the county clerk and
      recorder at any time up to and including the twenty-ninth day preceding an
      election; except that, if the twenty-ninth day before an election is
      a Saturday, Sunday, or legal holiday, the change or withdrawal
      applies if made by the next day that is not a Saturday, Sunday, or
      legal holiday. The prescribed form or personal letter for the change shall
      must include the elector's printed name, address within the county, birth
      date, social security number, if the elector wishes to state it, and signature,
      the date, the elector's previous affiliation status, and the requested change
      in affiliation status. A prescribed form shall must be furnished by the
      county clerk and recorder upon the elector's oral or written request. Upon
      receiving the request, the county clerk and recorder shall change the
      elector's affiliation on the his or her registration record. If the affiliation
      is withdrawn, the designation on the elector's registration record shall
      must be changed to "unaffiliated". If an elector changes affiliation, the
      elector is entitled to vote, at any primary election, only the ballot of the
      political party to which the elector is currently affiliated. A change or
      withdrawal of affiliation may not be made by anyone other than the elector.
      
           SECTION 16.  In Colorado Revised Statutes, 1-2-222, amend (1)
      and (4) as follows:
      
           1-2-222.  Errors in recording of affiliation. (1)  If an elector goes
      to the elector's legal voting place to vote at any primary election or to the
      office of the county clerk and recorder and contends that an error has been
      made in the recording of the elector's affiliation on the registration book in
      the statewide voter registration system or that the affiliation has
      been unlawfully changed or withdrawn, the election judges or the county
      clerk and recorder shall allow the elector to make and sign an affidavit,
      which shall be substantially in the form provided in subsection (4) of this
      section. Any election judge or the county clerk and recorder has authority
      to administer the oath and take the acknowledgment of the elector's
      affidavit. When the affidavit is completed, the county clerk and recorder
      shall make the change as specified in the affidavit using the date of the
      affidavit as the new affiliation date.
      
           (4)  Printed affidavit forms shall be furnished to the election judges
      of the various election precincts. The affidavit form shall must be
      substantially as follows:
      STATE OF COLORADO                  )
      
                                         )  ss.
      County of ...........................................................)
      
           I, ...................., believing an error has been made as to the recording
      of my party affiliation, or a change unlawfully made, or a withdrawal
      unlawfully made on the registration book of precinct ........ in ....................
      County in the statewide voter registration system, do solemnly
      swear, or affirm, that the party affiliation as now shown on the registration
      book in the statewide voter registration system is an error, or has
      been unlawfully changed, or has been unlawfully withdrawn and that my
      correct party affiliation should be .................... instead of .................... and
      request that the party affiliation be corrected on the registration book in the
      statewide voter registration system. My correct affiliation was made
      on or before .................... (date) at .................... (place).
      
           Dated ....................
      
           Signed ....................
      
           Subscribed and sworn to before me this ........... day of ...............,
      20....
      ..................................................................
      Election Judge or County Clerk 
      Precinct ....................................................
      County ......................................................
      
           SECTION 17.  In Colorado Revised Statutes, 1-2-223, amend (2)
      as follows:
      
           1-2-223.  Names transferred when precinct boundaries changed.
      (2)  In case any change is made in precinct boundaries as a result of
      annexation affecting county boundaries, the county clerk and recorder of
      the annexing county from which the annexed territory was detached shall
      remove from the registration book update in the statewide voter
      registration system the registration records of all electors residing in the
      annexed territory as soon as practicable. The county clerk and recorder
      shall transfer, as soon as practicable, through the statewide voter
      registration system, created pursuant to section 1-2-301, the registration
      records to the county clerk and recorder of the county to which the territory
      was annexed, who shall insert them in the registration book of the
      appropriate precinct upon receipt. The registrations shall be are considered
      as continuing registrations with all the registered electors involved having
      full rights and privileges as if no change in county boundaries had
      occurred.
      
           SECTION 18.  In Colorado Revised Statutes, 1-2-227, amend (1)
      as follows:
      
           1-2-227.  Custody and preservation of records.
      (1) (a)  Registration books shall records must be left in the custody of the
      county clerk and recorder, who shall be is responsible for them. Except as
      provided in paragraph (b) of this subsection (1), the oaths or
      affirmations, applications for affidavit registration, federal postcard
      applications, applications for change of residence or change of name, and
      other papers provided for by this part 2 shall be preserved by the county
      clerk and recorder and shall not be destroyed until after the next general
      election. They shall be Such registration records, whether paper or
      digital, are public records subject to examination by any elector person,
      and the elector shall have such person has the right to make copies of the
      records during office hours.
      
           (b)  A county clerk and recorder may destroy paper voter
      registration records as soon as they have been digitally
      recorded in the statewide voter registration system.
      
           SECTION 19.  In Colorado Revised Statutes, 1-2-301, amend (1)
      as follows:
      
           1-2-301.  Centralized statewide registration system - secretary
      of state to maintain computerized statewide voter registration list -
      county computer records - agreement to match information. (1)  No
      later than January 1, 2006, The secretary of state shall implement, in a
      uniform and nondiscriminatory manner, a single, uniform, official,
      centralized, interactive, computerized statewide voter registration system
      defined, maintained, and administered at the state level, which system shall
      contain a computerized statewide voter registration list maintained by the
      secretary of state that contains the name and registration information of
      every legally registered voter in the state and that assigns a unique identifier
      to each legally registered voter. The single, uniform, official, centralized,
      interactive, computerized statewide voter registration system required by
      this subsection (1) shall be is referred to in this part 3 as the "centralized
      statewide registration system". The centralized statewide registration
      system shall replace the voter registration and election management that
      was required to be developed or acquired prior to May 22, 2003. On or
      before January 1, 2006, The centralized statewide registration system and
      the computerized statewide voter registration list shall must be fully
      compliant with all applicable requirements specified in section 303 of the
      federal "Help America Vote Act of 2002", Pub.L. 107-252, codified at 42
      U.S.C. sec. 15301 et seq. 52 U.S.C. 20901 et seq.
      
           SECTION 20.  In Colorado Revised Statutes, 1-2-302, amend (6.7)
      as follows:
      
           1-2-302.  Maintenance of computerized statewide voter
      registration list - confidentiality. (6.7)  In accordance with the
      requirements of section 42-1-211 (1.5) (c), C.R.S., the department of
      revenue shall enter into an agreement with the federal commissioner of
      social security for the purpose of verifying applicable information in
      accordance with the requirements of section 303 (a) (5) (B) (ii) of the
      federal "Help America Vote Act of 2002", Pub.L. 107-252, codified at 42
      U.S.C. sec. 15301 et seq. 52 U.S.C. 20901 et seq.
      
           SECTION 21.  In Colorado Revised Statutes, 1-2-305, amend (1)
      and (2) as follows:
      
           1-2-305.  Postelection procedures - voting history - definitions.
      (1)  Not later than sixty days after a state election, the secretary of state
      county clerk and recorder shall generate a list of electors showing
      who voted and who did not vote in the election. The list shall be drawn
      from the statewide voter registration database. For electors who voted, the
      list shall show such elector's method of voting, whether by mail ballot,
      voter service and polling center voting, or otherwise within the county
      who submitted more than one ballot for the election.
      
           (2)  Upon receipt of the lists, the secretary of state shall examine the
      lists to see which electors did and did not vote in the election in order to
      ascertain if any elector has voted more than once. If it is determined that an
      elector has voted more than once, the secretary of state or the county
      clerk and recorder shall notify the proper district attorney for
      prosecution of a violation of the provisions of this code.
      
           SECTION 22.  In Colorado Revised Statutes, 1-2-502, amend (2)
      as follows:
      
           1-2-502.  Form for agency registration. (2)  All agencies providing
      an opportunity to complete the voter registration forms shall keep copies
      of all records relating to the completion of the forms for two years. The
      forms shall not be considered public records but shall be are available to
      the secretary of state for purposes of compiling data in compliance with the
      federal "National Voter Registration Act of 1993", 42 U.S.C. sec. 1973gg
      52 U.S.C. sec. 20501 et seq.
      
           SECTION 23.  In Colorado Revised Statutes, 1-2-507, amend (1)
      as follows:
      
           1-2-507.  Transmittal of voter registration applications - when.
      (1)  Except as provided in subsection (2) of this section, a completed
      agency registration application accepted at a voter registration agency shall
      be transmitted to the county clerk and recorder for the county in which the
      agency is located not later than five days after the date of acceptance;
      except that, within twenty-two days before an election, a voter
      registration agency must transmit completed voter registration
      applications on a daily basis.
      
           SECTION 24.  In Colorado Revised Statutes, 1-2-510, amend (3)
      as follows:
      
           1-2-510.  Public disclosure of voter registration activities.
      (3)  The secretary of state shall is also be responsible for filing any reports
      or information concerning the implementation of the federal "National
      Voter Registration Act of 1993", 42 U.S.C. sec. 1973gg 52 U.S.C. sec.
      20501 et seq., with the federal election commission as may be required.
      
           SECTION 25.  In Colorado Revised Statutes, 1-3-101, amend (1)
      as follows:
      
           1-3-101.  Party affiliation required - residence. (1)  In order to
      vote at any precinct caucus, assembly, or convention of a political party, the
      elector shall must be a resident of the precinct for thirty days, shall have
      must be registered to vote no later than twenty-nine days before the
      caucus, assembly, or convention, and shall must be affiliated with the
      political party holding the caucus, assembly, or convention for at least two
      months as shown on the registration books of the county clerk and recorder
      in the statewide voter registration system; except that any registered
      elector who has attained the age of eighteen years or who has become a
      naturalized citizen during the two months immediately preceding the
      meeting may vote at any caucus, assembly, or convention even though the
      elector has been affiliated with the political party for less than two months.
      
           SECTION 26.  In Colorado Revised Statutes, 1-3-102, amend (2)
      (a) as follows:
      
           1-3-102.  Precinct caucuses. (2) (a)  The participants at the precinct
      caucus shall also elect two precinct committeepersons. Any person eighteen
      years of age or older may be a candidate for the office of precinct
      committeeperson if he or she has been a resident of the precinct for thirty
      days and has been affiliated with the political party holding the precinct
      caucus for a period of at least two months preceding the date of the precinct
      caucus; except that any person who has attained the age of eighteen years
      or who has become a naturalized citizen during the two months
      immediately preceding the precinct caucus may be a candidate for the
      office of precinct committeeperson even though he or she has been
      affiliated with the political party for less than two months as shown on the
      registration book of the county clerk and recorder in the statewide voter
      registration system. The two people receiving the highest number of
      votes at the caucus for precinct committeeperson shall be are elected as the
      precinct committeepersons of the precinct. If two or more candidates for
      precinct committeeperson receive an equal and the second highest number
      of votes, or if three or more candidates receive an equal and the highest
      number of votes, the election shall must be determined by lot by those
      candidates. All disputes regarding the election of precinct
      committeepersons shall be are determined by the credentials committees
      of the respective party assemblies. The names of the committeepersons
      elected shall must be certified to the county assembly of the political party
      by the officers of the caucus. The county assembly shall ratify the list of
      committeepersons. The presiding officer and secretary of the county
      assembly shall file a certified list of the names and addresses, by precinct,
      of those persons elected as precinct committeepersons with the county clerk
      and recorder within four days after the date of the county assembly.
      
           SECTION 27.  In Colorado Revised Statutes, 1-4-402, amend (1)
      (d) (I) as follows:
      
           1-4-402.  Nominations of political party candidates.
      (1) (d) (I)  Any candidate nominated by a political party shall have been
      must be affiliated with the party for at least twelve consecutive months
      prior to the date the convention begins, as shown on the voter registration
      book of the county clerk and recorder in the statewide voter
      registration system.
      
           SECTION 28.  In Colorado Revised Statutes, 1-4-601, amend (2)
      and (4) (a) as follows:
      
           1-4-601.  Designation of candidates for primary election. (2)  An
      assembly shall must take no more than two ballots for party candidates for
      each office to be filled at the next general election. Every candidate
      receiving thirty percent or more of the votes of all duly accredited assembly
      delegates who are present and voting on that office shall must be certified
      by affidavit of the presiding officer and secretary of the assembly. If no
      candidate receives thirty percent or more of the votes of all duly accredited
      assembly delegates who are present and voting, a second ballot shall must
      be cast on all the candidates for that office. If on the second ballot no
      candidate receives thirty percent or more of the votes cast, the two
      candidates receiving the highest number of votes shall must be certified as
      candidates for that office by the assembly. The certificate of designation by
      assembly shall must state the name of the office for which each person is
      a candidate and the candidate's name and address, shall must designate in
      not more than three words the name of the political party which the
      candidate represents, and shall must certify that the candidate has been a
      member of the political party for the period of time required by party rule
      or by subsection (4) of this section if the party has no such rule. The
      candidate's affiliation, as shown on the registration books of the county
      clerk and recorder in the statewide voter registration system, is
      prima facie evidence of political party membership. The certificate of
      designation shall must indicate the order of the vote received at the
      assembly by candidates for each office, but no assembly shall declare that
      any one candidate has received the nomination of the assembly. The
      certificate of designation shall must be filed in accordance with section
      1-4-604. If two or more candidates receiving designation under the
      provisions of this subsection (2) have received an equal number of votes,
      the order of certification of designation shall be is determined by lot by the
      candidates. The assembly shall select a vacancy committee for vacancies
      in designation or nomination only.
      
           (4) (a)  No person shall be is eligible for designation by assembly as
      a candidate for nomination at any primary election unless the person was
      affiliated with the political party holding the assembly, as shown on the
      registration books of the county clerk and recorder in the statewide
      voter registration system, no later than the first business day of the
      January immediately preceding the primary election, unless otherwise
      provided by party rules.
      
           SECTION 29.  In Colorado Revised Statutes, 1-4-602, amend (5)
      as follows:
      
           1-4-602.  Delegates to party assemblies. (5)  As used in this
      section, "delegate" means a person who is a registered elector, has been a
      resident of the precinct for thirty days prior to the caucus, and has been
      affiliated with the political party holding the caucus for at least two months,
      as shown on the registration books of the county clerk and recorder in the
      statewide voter registration system; except that any registered
      elector who has attained the age of eighteen years during the two months
      immediately preceding the caucus or any registered elector who has become
      a naturalized citizen during the two months immediately preceding the
      caucus may be a delegate even though the elector has been affiliated with
      the political party for less than two months as shown on the registration
      books of the county clerk and recorder in the statewide voter
      registration system. A delegate who moves from the precinct where
      registered during the twenty-nine days prior to any caucus shall become is
      ineligible to serve as a delegate from that precinct.
      
           SECTION 30.  In Colorado Revised Statutes, 1-4-801, amend (3)
      as follows:
      
           1-4-801.  Designation of party candidates by petition. (3)  No
      person shall be placed in nomination by petition on behalf of any political
      party unless the person was affiliated with the political party, as shown on
      the registration books of the county clerk and recorder in the statewide
      voter registration system, no later than the first business day of the
      January immediately preceding the election for which the person desires to
      be placed in nomination.
      
           SECTION 31.  In Colorado Revised Statutes, 1-4-802, amend (1)
      (g) as follows:
      
           1-4-802.  Petitions for nominating minor political party and
      unaffiliated candidates for a partisan office. (1)  Candidates for partisan
      public offices to be filled at a general or congressional vacancy election
      who do not wish to affiliate with a major political party may be nominated,
      other than by a primary election or a convention, in the following manner:
      
           (g) (I)  For congressional vacancy elections, no person shall be
      placed in nomination by petition unless the person is an eligible elector and
      was registered as affiliated with a minor political party or as unaffiliated,
      as shown on the registration books of the county clerk and recorder in the
      statewide voter registration system, for at least twelve months prior
      to the last date the petition may be filed.
      
           (II)  For general elections, no person shall be placed in nomination
      by petition unless the person is an eligible elector of the political
      subdivision or district in which the officer is to be elected and unless the
      person was registered as affiliated with a minor political party or as
      unaffiliated, as shown on the registration books of the county clerk and
      recorder in the statewide voter registration system, no later than the
      first business day of the January immediately preceding the general election
      for which the person desires to be placed in nomination; except that, if such
      nomination is for a nonpartisan election, the person shall be an eligible
      elector of the political subdivision or district and be a registered elector, as
      shown on the registration books of the county clerk and recorder in the
      statewide voter registration system, on the date of the earliest
      signature on the petition.
      
           SECTION 32.  In Colorado Revised Statutes, 1-4-904, amend (2)
      (a) as follows:
      
           1-4-904.  Signatures on the petitions. (2) (a)  For petitions to
      nominate candidates from a major political party in a partisan election, each
      signer shall must be affiliated with the major political party named in the
      petition and shall state the following to the circulator: That the signer has
      been affiliated with the major political party named in the petition for at
      least twenty-nine days as shown on the registration books of the county
      clerk and recorder in the statewide voter registration system and
      that the signer has not signed any other petition for any other candidate for
      the same office.
      
           SECTION 33.  In Colorado Revised Statutes, 1-4-905, amend (1)
      as follows:
      
           1-4-905.  Circulators. (1)  No person shall circulate a petition to
      nominate a candidate unless the person is a resident of the state, a citizen
      of the United States, at least eighteen years of age, and, for partisan
      candidates, registered to vote and affiliated with the political party
      mentioned in the petition at the time the petition is circulated, as shown by
      the registration books of the county clerk and recorder in the statewide
      voter registration system.
      
           SECTION 34.  In Colorado Revised Statutes, 1-4-1002, amend (9)
      (b) as follows:
      
           1-4-1002.  Vacancies in designation or nomination. (9) (b)  The
      vacancy committee, by a majority vote of its members present and voting
      at a meeting called for that purpose, shall select a person who meets all of
      the requirements of candidacy as of the date of the primary election and
      who is affiliated with the same political party or minor political party, if
      any, shown on the registration books of the county clerk and recorder in
      the statewide voter registration system as the candidate whose
      declination, death, disqualification, resignation, or withdrawal caused the
      vacancy. No meeting shall be held until a quorum is present consisting of
      not less than one-half of the voting membership of the vacancy committee.
      No member of the vacancy committee may vote by proxy. The committee
      shall certify the selection to the secretary of state within seven days from
      the date the vacancy occurs. If the vacancy committee fails to certify a
      selection within seven days, the state chair of the same political party or
      minor political party as the candidate whose declination, death,
      disqualification, resignation, or withdrawal caused the vacancy, within
      seven days, shall fill the vacancy by appointing a person having the
      qualifications set forth in this subsection (9). The name of the person
      selected or appointed by the state chair shall must be certified to the
      secretary of state. The vacancy shall be is filled until the next general
      election after the vacancy occurs, when the vacancy shall be is filled by
      election.
      
           SECTION 35.  In Colorado Revised Statutes, 1-4-1304, amend (2)
      introductory portion, (2) (b), and (3) as follows:
      
           1-4-1304.  Nomination of candidates. (2)  Nominations by a minor
      political party, to be valid, shall must be made in accordance with the
      party's constitution or bylaws. No nomination under this section shall be is
      valid for any general election held after January 1, 1999, unless the
      nominee:
      
           (b)  Was registered as affiliated with the minor political party that is
      making the nomination, as shown in the registration books of the county
      clerk and recorder statewide voter registration system, no later than
      the first business day of the January immediately preceding the general
      election for which the person was nominated, unless otherwise provided in
      the constitution or bylaws of the minor political party; and
      
           (3)  Any minor political party nominating candidates in accordance
      with this part 13 shall file a certificate of designation with the designated
      election official no later than four days after the assembly was held at
      which the candidate was designated. The certificate of designation shall
      must state the name of the office for which each person is a candidate and
      the candidate's name and address, the date on which the assembly was held
      at which the candidate was designated, shall must designate in not more
      than three words the name of the minor political party that the candidate
      represents, and shall must certify that the candidate is a member of the
      minor political party. The candidate's name may include one nickname, if
      the candidate regularly uses the nickname and the nickname does not
      include any part of a political party name. The candidate's affiliation as
      shown on the registration books of the county clerk and recorder in the
      statewide voter registration system is prima facie evidence of party
      membership.
      
           SECTION 36.  In Colorado Revised Statutes, 1-4-1305, amend (3)
      as follows:
      
           1-4-1305.  Disqualification of minor political party. (3)  Upon
      notification of disqualification of a minor political party, each registered
      elector that is affiliated with such minor political party shall must be
      designated on the registration books of the county clerk and recorder in the
      statewide voter registration system as "unaffiliated".
      
           SECTION 37.  In Colorado Revised Statutes, 1-5-102.9, amend (3)
      (f) as follows:
      
           1-5-102.9.  Voter service and polling centers - number required
      - services provided - drop-off locations - repeal. (3)  Each voter service
      and polling center must provide:
      
           (f)  Secure computer access; except that a county described in
      subparagraphs (II) and (III) of paragraph (a) of subsection (1) of this
      section may seek a waiver of this requirement upon demonstrating hardship
      and securing approval of a plan to access the statewide voter database and
      conduct real-time verification of voter eligibility via telephone or other
      means;
      
           SECTION 38.  In Colorado Revised Statutes, 1-5-205, repeal (1)
      (e); and add (4) as follows:
      
           1-5-205.  Published and posted notice of election - content.
      (1)  The designated election official, or the coordinated election official if
      so provided by an intergovernmental agreement, no later than twenty days
      before each election, shall provide notice by publication of the election as
      described by section 1-1-104 (34), which notice must state, as applicable
      for the particular election for which notice is provided, the following:
      
           (e)  The complete ballot content.
      
           (4)  For a primary mail ballot election, in addition to the
      items described in subsection (1) of this section, the notice shall
      advise eligible electors who are not affiliated with a political
      party of the electors' ability to declare an affiliation with a
      political party and vote in the primary election.
      
           SECTION 39.  In Colorado Revised Statutes, 1-5-208, amend (6)
      as follows:
      
           1-5-208.  Election may be canceled - when. (6)  The governing
      body shall provide notice by publication of the cancellation of the election.
      A copy of the notice shall must be posted at each polling location voter
      service and polling center of the political subdivision, in the office of
      the designated election official, and in the office of the clerk and recorder
      for each county in which the political subdivision is located and, for special
      districts, a copy of the notice shall must be filed in the office of the
      division of local government. The governing body shall also notify the
      candidates that the election was canceled and that they were elected by
      acclamation.
      
           SECTION 40.  In Colorado Revised Statutes, amend 1-5-302 as
      follows:
      
           1-5-302.  Computer lists may be used in lieu of original
      registration records. For the purposes of all elections, the county clerk
      and recorder may substitute and supply computer lists of registered electors
      within the political subdivision for the original registration record.
      Following a primary, general, or congressional vacancy election, the county
      clerk and recorder shall record the date of election and, if a primary
      election, the party ballot received on the registered elector's original
      registration record. retained and stored as provided in section 1-1-104 (36).
      
           SECTION 41.  In Colorado Revised Statutes, amend 1-5-413 as
      follows:
      
           1-5-413.  Sample ballots. Sample ballots shall must be printed in
      the form of official ballots, but upon paper of a different color from the
      official ballots must be clearly marked as "SAMPLE BALLOT".
      Sample ballots shall must be delivered to the election judges and posted
      with the cards of instruction provided for in section 1-5-504. All sample
      ballots are subject to public inspection.
      
           SECTION 42.  In Colorado Revised Statutes, amend 1-5-506 as
      follows:
      
           1-5-506.  Election expenses in nonpartisan elections. The cost of
      conducting a nonpartisan election, including the cost of printing mailing
      voter information cards pursuant to section 1-5-206, and supplies, shall
      must be paid by the governing body calling the election.
      
           SECTION 43.  In Colorado Revised Statutes, 1-5-613, amend (2)
      as follows:
      
           1-5-613.  Purchase and sale of voting equipment. (2)  On and after
      May 28, 2004, The governing body or designated election official of a
      political subdivision may purchase a voting system only if the voting
      system has been certified for use in this state by the secretary of state in
      accordance with this part 6.
      
           SECTION 44.  In Colorado Revised Statutes, 1-6-114, amend (1)
      as follows:
      
           1-6-114.  Oath of judges. (1)  Before beginning the duties of an
      election judge, each person appointed as an election judge shall must take
      a self-affirming 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; that I
           am a member of the ............... party (or that I am unaffiliated
           with a political party) as shown on the registration books of
           the county clerk and recorder in the statewide voter
           registration system; that I will perform the duties of
           judge according to law and the best of my ability; that I will
           studiously strive to prevent fraud, deceit, and abuse in
           conducting the same; 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 judge such knowledge shall
           come comes to me, unless called upon to disclose the same
           before some court of justice; that I have never been
           convicted of election fraud, any other 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.
      
           SECTION 45.  In Colorado Revised Statutes, 1-7-114, add (4) (c)
      as follows:
      
           1-7-114.  Write-in votes. (4) (c)  A designated election official
      may post the list of eligible write-in candidates on the official
      website of the designated election official.
      
           SECTION 46.  In Colorado Revised Statutes, 1-7-514, amend (3)
      as follows:
      
           1-7-514.  Random audit. (3)  The secretary of state shall post the
      reports of any completed audit or investigation received pursuant to
      paragraph (c) of subsection (2) of this section on the official website of the
      department of state not later than five business days after receiving the
      results of the completed audit or investigation. The clerk and recorder of
      the affected county may timely post the results of the completed audit or
      investigation on the official website of the county. The secretary shall
      publish once in a newspaper of general circulation throughout the state
      notification to the public that the results have been posted on the
      department's website.
      
           SECTION 47.  In Colorado Revised Statutes, amend 1-7-701 as
      follows:
      
           1-7-701.  Delivery of election returns, ballot boxes, and other
      election papers. When all the votes have been read and counted, the
      election judges selected in accordance with section 1-6-109.5 shall deliver
      to the designated election official the certificate and statement required by
      section 1-7-601, ballot boxes and all keys to the boxes, paper tapes,
      "proms" or other electronic devices, the registration book records,
      pollbooks, accounting forms, spoiled ballots, unused ballots, ballot stubs,
      oaths, affidavits, and other election papers and supplies. The delivery shall
      must be made at once and with all convenient speed, and informality in the
      delivery shall does not invalidate the vote of any precinct when delivery
      has been made previous to the completion of the official abstract of the
      votes by the board of canvassers. The designated election official shall give
      a receipt for all items delivered.
      
           SECTION 48.  In Colorado Revised Statutes, amend 1-7-905 as
      follows:
      
           1-7-905.  Preparation of notices. (1)  For November coordinated
      elections, the county clerk and recorder shall be is responsible for placing
      the ballot issue notices received from the various political subdivisions
      participating in the election in the proper order in the ballot issue notice
      packet. As nearly as practicable, the notice shall must be in the order the
      ballot issues will appear on the ballot. The ballot issue notice shall must
      be followed by a certification by the county clerk and recorder that the
      ballot issue notices are complete as submitted by the political subdivisions.
      No additional information shall may be included as part of the ballot issue
      notice except as may be required by law. A general disclaimer may precede
      or follow the ballot issue notice which may state states: "The information
      contained in this notice was prepared by persons required by law to provide
      summaries of ballot issues and fiscal information."
      
           (2)  The designated election officials of overlapping political
      subdivisions conducting an election other than in November a
      coordinated election shall confer concerning the preparation of the
      ballot issue notice no later than forty days prior to the date of the election.
      The political subdivisions conducting the election shall provide for
      preparation of any required ballot issue notice package by agreement in a
      form substantially as provided in section 1-7-116.
      
           SECTION 49.  In Colorado Revised Statutes, 1-7-905.5, amend (1)
      as follows:
      
           1-7-905.5.  Form of notice. (1)  The ballot issue notice must begin
      with the words "All registered voters", regardless of whether the electors
      of the political subdivision must be registered electors to be eligible to vote
      in the election, and ends at the conclusion of the summary of comments.
      Any information included pursuant to section 1-5-206, information
      concerning procedure for an election or other information included with the
      ballot issue notice prior to the words "All registered voters" or after the
      conclusion of the summary of comments are not deemed to be part of the
      ballot issue notice.
      
           SECTION 50.  In Colorado Revised Statutes, 1-7-906, amend (1)
      and (3) as follows:
      
           1-7-906.  Mailing of notices. (1)  For November coordinated
      elections, the county clerk and recorder as coordinated election official
      shall mail the ballot issue notice packet to each address of one or more
      active registered electors who reside in the county or portions of the county
      in which registered voters of those districts submitting ballot issues reside.
      
           (3)  The political subdivisions shall by agreement, in a form
      substantially as provided in sections 1-7-116 and 1-7-905, provide for
      mailing of any required ballot issue notice package for elections conducted
      other than in November coordinated elections.
      
           SECTION 51.  In Colorado Revised Statutes, 1-7-1003, amend (5)
      (b) as follows:
      
           1-7-1003.  Conduct of elections using ranked voting methods -
      instant runoff voting - choice voting or proportional voting - reports.
      (5) (b)  A local government that conducts an election using a ranked voting
      method shall conduct a voter education and outreach campaign to
      familiarize electors with ranked voting in English and in every language in
      which a ballot is required to be made available pursuant to this code and
      the federal "Voting Rights Act of 1965", 42 U.S.C. sec. 1973aa-1a 52
      U.S.C. sec. 10101 et seq.
      
           SECTION 52.  In Colorado Revised Statutes, amend 1-7.5-104 as
      follows:
      
           1-7.5-104.  Mail ballot elections - applicability - optional for
      political subdivisions other than a county. For all general, primary,
      odd-year, coordinated, recall, and congressional vacancy elections,
      conducted on or after July 1, 2013, and for any election in which the
      governing board of a political subdivision other than a county determines
      that an election shall be by mail ballot, the county clerk and recorder or
      designated election official for the political subdivision, as applicable, shall
      conduct the election by mail ballot under the supervision of, and subject to
      rules promulgated in accordance with article 4 of title 24, C.R.S., by, the
      secretary of state.
      
           SECTION 53.  In Colorado Revised Statutes, 1-7.5-107, amend (3)
      (a), (3) (d), (3.5) (a), (3.5) (f) introductory portion, (3.5) (f) (I), and (3.5) (f)
      (II); and repeal (2), (2.5), and (3) (c) as follows:
      
           1-7.5-107.  Procedures for conducting mail ballot election -
      primary elections - first-time voters casting a mail ballot after having
      registered by mail to vote - in-person request for ballot - repeal.
      (2) (a)  For a municipal mail ballot election that is not coordinated with the
      county clerk and recorder, no later than thirty days prior to election day, the
      county clerk and recorder shall submit to the designated election official of
      the municipality conducting the mail ballot election a full and complete
      preliminary list of registered electors. For a special district mail ballot
      election that is not coordinated with the county clerk and recorder, the
      county clerk and recorder and county assessor of each county in which a
      special district is located shall certify and submit to the designated election
      official a list of property owners and a list of registered electors residing
      within the affected district.
      
           (b)  No later than twenty days prior to election day, the county clerk
      and recorder and county assessor required to submit a preliminary list in
      accordance with paragraph (a) of this subsection (2) shall submit to the
      appropriate authority a supplemental list of the names of eligible electors
      or property owners whose names were not included on the preliminary list.
      
           (c)  All lists of registered electors and lists of property owners
      provided to a designated election official under this section shall include
      the last mailing address of each elector.
      
           (2.5) (a) (I)  No later than twenty days before a general, primary, or
      other mail ballot election, the county clerk and recorder or designated
      election official shall provide notice by publication of a mail ballot election
      conducted pursuant to the provisions of this article, which notice shall state,
      as applicable for the particular election for which the notice is provided, the
      items set forth in section 1-5-205 (1) (a) to (1) (c).
      
           (II)  For a primary mail ballot election, in addition to the items
      described in the notice required by subparagraph (I) of this paragraph (a),
      such notice shall advise eligible electors who are not affiliated with a
      political party of the ability to declare an affiliation with a political party
      and vote in the primary election.
      
           (b)  The notice required to be given by this subsection (2.5) shall be
      in lieu of the notice requirements set forth in sections 1-5-205 (1) and
      31-10-501 (1), C.R.S., as applicable for the particular election for which
      such notice is required.
      
           (3) (a) (I)  Except as provided in subparagraph (II) of this
      paragraph (a), not sooner than twenty-two days before a general, primary,
      or other mail ballot election, and no later than eighteen days before the
      election, except as provided in subparagraph (II) of this paragraph (a), the
      county clerk and recorder or designated election official shall mail to each
      active registered eligible elector, at the last mailing address appearing in
      the registration records and in accordance with United States postal service
      regulations, a mail ballot packet, which shall must be marked "DO NOT
      FORWARD. ADDRESS CORRECTION REQUESTED.", or any other
      similar statement that is in accordance with United States postal service
      regulations. Nothing in this subsection (3) affects any provision of this
      code governing the delivery of mail ballots to an absent uniformed services
      elector, nonresident overseas elector, or resident overseas elector covered
      by the federal "Uniformed and Overseas Citizens Absentee Voting Act",
      42 U.S.C. sec. 1973ff et seq. 52 U.S.C. sec. 20301 et seq.
      
           (II)  For a primary mail ballot election, for a minor political party
      candidate, the mail ballot packet shall must be mailed only to those active
      registered electors who are affiliated with the minor a political party of
      such candidate that is participating in the election. If the
      twenty-second day before an election is a Saturday, Sunday, or
      legal holiday, the county clerk and recorder or designated
      election official may mail ballot packets pursuant to
      subparagraph (I) of this paragraph (a) on the Friday immediately
      preceding the twenty-second day.
      
           (c)  For a special district mail ballot election, no sooner than
      twenty-two days prior to election day, and until 7 p.m. on election day, mail
      ballots shall be made available at the designated election official's office,
      or the office designated in the mail ballot plan filed with the secretary of
      state, for eligible electors who are not listed on the list of property owners
      or the registration list but who are authorized to vote pursuant to section
      32-1-806, C.R.S., or other applicable law.
      
           (d)  An eligible elector may obtain a replacement ballot if the ballot
      was destroyed, spoiled, lost, or for some other reason not received by the
      eligible elector. An eligible elector may obtain a ballot if a mail ballot
      packet was not sent to the elector because the eligibility of the elector could
      not be determined at the time the mail ballot packets were mailed. The
      designated election official shall keep a record of each ballot issued in
      accordance with this paragraph (d). together with a list of each ballot
      obtained pursuant to paragraph (c) of this subsection (3).
      
           (3.5) (a)  Unless otherwise provided by section 1-2-501 (1.5)
      section 1-2-201 (5), the requirements of this subsection (3.5) shall apply
      to a person who registered to vote by mail in accordance with part 5 of
      article 2 of this title and who
      
           (I)  has not previously voted in an election in Colorado. or
      
           (II)  Is reregistering to vote after moving from one county in this
      state to another and the election in which the person intends to vote takes
      place prior to the creation by the department of state of a computerized
      statewide voter registration list that satisfies the requirements of part 3 of
      article 2 of this title.
      
           (f)  Notwithstanding any other provision of law, the requirements of
      this subsection (3.5) shall do not apply to any person who is:
      
           (I)  Entitled to vote by absentee ballot under the federal "Uniformed
      and Overseas Citizens Absentee Voting Act", 42 U.S.C. sec. 1973ff et seq.
      52 U.S.C. sec. 20301 et seq.;
      
           (II)  Provided the right to vote otherwise than in person under
      section (b) (2) (B) (ii) of the federal "Voting Accessibility for the Elderly
      and Handicapped Act", 42 U.S.C. sec. 1973ee-1 52 U.S.C. sec. 20102 et
      seq.; or
      
           SECTION 54.  In Colorado Revised Statutes, 1-8.3-102, amend (4)
      and (5) as follows:
      
           1-8.3-102.  Definitions.  In this article:
      
           (4)  "Federal postcard application" means the application prescribed
      under section 101 (b) (2) of the federal "Uniformed and Overseas Citizens
      Absentee Voting Act", 42 U.S.C. sec. 1973ff (b) (2) 52 U.S.C. sec. 20301
      (b) (2).
      
           (5)  "Federal write-in absentee ballot" means the ballot described in
      section 103 of the federal "Uniformed and Overseas Citizens Absentee
      Voting Act", 42 U.S.C. sec. 1973ff-2 52 U.S.C. sec. 20303.
      
           SECTION 55.  In Colorado Revised Statutes, 1-8.3-104, amend (1)
      and (2) as follows:
      
           1-8.3-104.  Role of secretary of state. (1)  The secretary of state is
      the state official responsible for implementing this article and the state's
      responsibilities under the federal "Uniformed and Overseas Citizens
      Absentee Voting Act", 42 U.S.C. sec. 1973ff et seq. 52 U.S.C. sec. 20301
      et seq.
      
           (2)  The secretary of state shall make available to covered voters
      information regarding voter registration procedures for covered voters and
      procedures for casting ballots. The secretary of state may delegate the
      responsibility under this subsection (2) only to the state office designated
      in compliance with section 102 (b) (1) of the federal "Uniformed and
      Overseas Citizens Absentee Voting Act", 42 U.S.C. sec. 1973ff-1 (b) (1)
      52 U.S.C. sec. 20302 (b) (1).
      
           SECTION 56.  In Colorado Revised Statutes, 1-8.3-105, amend (1)
      as follows:
      
           1-8.3-105.  Effect of "Uniformed and Overseas Citizens
      Absentee Voting Act" - emergency authority of secretary of state.
      (1)  In the event of any conflict between this article and any provisions of
      the federal "Uniformed and Overseas Citizens Absentee Voting Act", 42
      U.S.C. sec. 1973ff et seq. 52 U.S.C. sec. 20301 et seq., the provisions of
      the federal act shall control, and all designated election officials who are
      charged with the performance of duties under this code shall perform the
      duties and discharge the obligations placed upon them by the federal act.
      
           SECTION 57.  In Colorado Revised Statutes, 1-8.3-110, amend (1)
      as follows:
      
           1-8.3-110.  Transmission of unvoted ballots. (1)  For an election
      described in section 1-8.3-103 for which this state has not received a
      waiver pursuant to section 579 of the federal "Military and Overseas Voter
      Empowerment Act", 42 U.S.C. 1973ff-1 (g) (2) 52 U.S.C. sec. 20302 (g)
      (2), not later than forty-five days before the election, the election official
      in each jurisdiction charged with distributing a ballot and balloting
      materials shall transmit a ballot and balloting materials to all covered voters
      who by that date submit a valid ballot application.
      
           SECTION 58.  In Colorado Revised Statutes, amend 1-8.3-114 as
      follows:
      
           1-8.3-114.  Declaration. A ballot shall include or be accompanied
      by the signed affirmation required by the federal "Uniformed and Overseas
      Citizens Absentee Voting Act", 42 U.S.C. sec. 1973ff, et seq. 52 U.S.C.
      sec. 20301 et seq.
      
           SECTION 59.  In Colorado Revised Statutes, 1-9-101, amend (1)
      (b) (I), (1) (b) (III), and (3) as follows:
      
           1-9-101.  Challenge of illegal or fraudulent registration.
      (1) (b)  In rendering a decision, the county clerk and recorder has the
      following options:
      
           (I)  If the county clerk and recorder finds sufficient evidence to
      support the allegations in the challenge, he or she shall cancel the registered
      elector's name from the registration book statewide voter registration
      system; or
      
           (III)  If the county clerk and recorder finds no evidence or
      insufficient evidence to support the allegations in the challenge, he or she
      shall deny the challenge to cancel the registered elector's name from the
      registration book statewide voter registration system.
      
           (3)  The court shall hear the testimony and other evidence and
      investigate summarily and, within forty-eight hours after the close of the
      evidence, determine whether or not the charges are sustained. Only
      competent legal evidence shall may be received at the hearing or
      considered by the court, and no name registered in accordance with law
      shall be canceled from the registration book statewide voter
      registration system unless it is proven that the challenged person does
      not reside at the address provided by the person at the time of registration.
      No presumption shall may be made against any person whose registration
      is challenged merely because of the failure of that person to attend the
      hearing. The court shall have has the power to subpoena any person as a
      witness at the hearing and make any necessary investigation to ascertain the
      truth of any of the charges in the petition if the method of the investigation
      does not cause unnecessary delay or interfere with the final disposition of
      the cause within the time provided for in this section. The hearing on any
      petition shall be is summary and final and shall not be is not subject to
      delay. At the close of the hearing, the court shall announce the names in the
      petition as to which the charges have been sustained and shall direct the
      clerk of the court to certify forthwith to the county clerk and recorder the
      lists of names of those persons, with their addresses, arranged
      alphabetically and according to precinct. The county clerk and recorder,
      upon receipt of the list from the court, shall forthwith cancel those names
      from the registration book statewide voter registration system for
      the proper precinct with the notation that the names were canceled pursuant
      to court order, giving the date of the order. The decision of the court is
      final, and no appeal shall lie lies to any other court; except that the
      supreme court, in the exercise of its discretion, may review any such
      proceedings in a summary way.
      
           SECTION 60.  In Colorado Revised Statutes, 1-10-101, amend (3)
      as follows:
      
           1-10-101.  Canvass board for partisan elections - appointment,
      fees, oaths. (3)  Prior to assuming their duties, the members of the canvass
      board shall swear or affirm the following: "I, ...................., do solemnly
      swear (or affirm) that I am a registered elector in precinct ...., in the county
      of ....................; that I am a registered member of the .............. party as
      shown on the registration books of the county clerk and recorder in the
      statewide voter registration system; and that I will faithfully perform
      the duties required of a member of the county canvass board."
      
           SECTION 61.  In Colorado Revised Statutes, 1-10-105, amend (1)
      as follows:
      
           1-10-105.  Election results - certification by secretary of state.
      (1)  After receiving the final abstracts of votes cast for all elections from
      the counties, including any recounts, the secretary of state shall prepare and
      certify an the official statewide abstract of votes cast election results
      for all candidates, ballot issues, and ballot questions that the secretary of
      state certified for the ballot. For each contest, the statewide abstract of
      votes cast shall certified election results must show the total number
      of votes received, with subtotals for each county in which the candidate
      was on the ballot, and the ballot wording for each ballot issue and ballot
      question.
      
           SECTION 62.  In Colorado Revised Statutes, amend 1-11-105 as
      follows:
      
           1-11-105.  Certificates of election for national, state, and district
      officers. Immediately after the final statewide abstract of votes cast has
      been prepared results of an election have been certified pursuant
      to section 1-10-105 (1), the secretary of state shall make and transmit a
      certificate of election, certified under the secretary of state's seal of office,
      to each of the persons declared to be elected to national, state, and district
      offices of state concern and shall record in a book to be kept for that
      purpose each such certification. If the secretary of state is unable to certify
      the candidate elected to a state or district office of state concern, no such
      certification of election shall may be transmitted by the secretary of state
      until the candidate elected has been determined.
      
           SECTION 63.  In Colorado Revised Statutes, 1-11-302, amend (1)
      introductory portion as follows:
      
           1-11-302.  Causes of special legislative election. (1)  The state
      senate or the state house of representatives, acting by resolution, may call
      a special legislative election for a state senate or house of representatives
      district following the 2000 general election and any general election
      thereafter pursuant to this part 3 if:
      
           SECTION 64.  In Colorado Revised Statutes, amend 1-11-305 as
      follows:
      
           1-11-305.  Notice of special legislative election. The county clerk
      and recorder shall give notice of the special legislative election pursuant to
      section 1-5-206 section 1-5-205.
      
           SECTION 65.  In Colorado Revised Statutes, 1-12-114, amend (4)
      as follows:
      
           1-12-114.  Mail ballots - plan required - voter service and polling
      centers - number required - definition. (4)  As used in this section, and
      for purposes of article XXI of the state constitution, "part of said general
      election" means the inclusion of the questions of both the recall of an
      incumbent and the election of the incumbent's successor on mail ballots
      that are sent by mail, available at voter service and polling centers, or
      otherwise delivered to an elector as permitted by law, from the date for
      holding the election through the last day of voting in a general election
      pursuant to section 1-4-201. Notwithstanding this definition, to maximize
      participation of voters covered by the federal "Uniformed and Overseas
      Citizens Absentee Voting Act", 42 U.S.C. sec. 1973ff et seq. 52 U.S.C.
      sec. 20301 et seq., all candidate races, ballot issues, and ballot questions
      that a covered voter is eligible to vote on shall must be included on the
      ballots required to be sent pursuant to that act, and recall-related ballot
      questions shall must be sent separately on ballots that adhere to the
      deadlines set forth in this section.
      
           SECTION 66.  In Colorado Revised Statutes, 1-12-203, amend (3)
      (a) as follows:
      
           1-12-203.  Vacancies in general assembly. (3) (a)  The vacancy
      committee, by a majority vote of its members present and voting at a
      meeting called for that purpose and open to the public, shall select a person
      who possesses the constitutional qualifications for a member of the general
      assembly and who is affiliated with the same political party or minor
      political party, if any, shown on the registration books of the county clerk
      and recorder in the statewide voter registration system as the former
      member whose seat is vacant. No meeting shall be held until a quorum is
      present consisting of not less than one-half of the voting membership of the
      vacancy committee. No member of the vacancy committee may vote by
      proxy. The committee shall certify the selection to the secretary of state
      within thirty days from the date the vacancy occurs; except that, in the case
      of a vacancy filled pursuant to section 1-4-1002 (2.5), the committee shall
      certify the selection within thirty days after the date of the general election
      affected by the vacancy. If the vacancy committee fails to certify a selection
      within thirty days in accordance with the provisions of this subsection (3),
      the governor, within five days, shall fill the vacancy by appointing a person
      having the qualifications set forth in this subsection (3). The name of the
      person selected or appointed shall must be certified to the secretary of
      state.
      
           SECTION 67.  In Colorado Revised Statutes, 1-12-206, amend (5)
      as follows:
      
           1-12-206.  Vacancies in the office of county commissioner.
      (5)  Any person appointed to a vacancy in the office of county
      commissioner under this section shall must be a resident of the county and
      reside within the district, if any, in which the vacancy exists and shall must
      be a member of the same political party or minor political party, if any,
      shown on the registration books of the county clerk and recorder in the
      statewide voter registration system as the vacating commissioner.
      Any person appointed pursuant to this section shall hold holds the office
      until the next general election or until the vacancy is filled by election
      according to law.
      
           SECTION 68.  In Colorado Revised Statutes, amend 1-13-203 as
      follows:
      
           1-13-203.  Procuring false registration. It is unlawful for any
      person to procure his or her own name, or the name of any other person, to
      be registered in the registration book of statewide voter registration
      system for a precinct in which such person is not, at the time of such
      registration, entitled to be registered or for any person to procure any
      fictitious name to be registered in the registration book of any precinct
      statewide voter registration system. Any person who violates any of
      the provisions of this section shall be punished by a fine of not more than
      five thousand dollars, or by imprisonment in the county jail for not more
      than eighteen months, or by both such fine and imprisonment. Each
      violation shall be is considered a separate offense.
      
           SECTION 69.  In Colorado Revised Statutes, amend 1-13-302 as
      follows:
      
           1-13-302.  Fraudulent voting in precinct caucus, assembly, or
      convention. Any person who fraudulently participates and votes in a
      precinct caucus, assembly, or convention when he or she is not a member
      of the political party holding such the precinct caucus, assembly, or
      convention, as shown on the registration books of the county clerk and
      recorder in the statewide voter registration system, is guilty of a
      misdemeanor and, upon conviction thereof, shall be punished as provided
      in section 1-13-111.
      
           SECTION 70.  In Colorado Revised Statutes, amend 1-13-703 as
      follows:
      
           1-13-703.  Tampering with statewide voter registration system,
      registration list, or pollbook. (1)  Any person who mutilates or erases any
      name, figure, or word in any registration book, registration list or pollbook;
      or who removes such registration book, a registration list or pollbook or
      any part thereof from the place where it has been deposited with an
      intention to destroy the same, or to procure or prevent the election of any
      person, or to prevent any voter from voting; or who destroys any
      registration book, registration list or pollbook or part thereof is guilty of a
      misdemeanor and, upon conviction thereof, shall be punished as provided
      in section 1-13-111.
      
           (2)  Any person who knowingly accesses without
      authorization the statewide voter registration system commits
      a class 6 felony and shall be punished as provided in section
      18-1.3-401, C.R.S.
      
           SECTION 71.  In Colorado Revised Statutes, amend 1-13-710 as
      follows:
      
           1-13-710.  Voting twice - penalty. (1)  Any voter who votes more
      than once or, having voted once, offers to vote again in the state, or,
      during a federal election, votes in this state and another state,
      shall be punished by a fine of not more than five thousand dollars or by
      imprisonment in the county jail for not more than eighteen months, or by
      both such fine and imprisonment.
      
           (2)  Nothing in this section prohibits a voter from voting in
      a special district election as a property owner in accordance with
      article 13.5 of this title or part 8 of article 1 of title 32, C.R.S.
      
           SECTION 72.  In Colorado Revised Statutes, amend 1-13-714 as
      follows:
      
           1-13-714.  Electioneering - removing and return of ballot -
      definition. (1)  No person shall do any electioneering on the day of any
      election, or during the time when voting is permitted for any
      election, within any polling location or in any public street or room or in
      any public manner within one hundred feet of any building in which a
      polling location is located, as publicly posted by the designated election
      official. As used in this section, the term "electioneering" includes
      campaigning for or against any candidate who is on the ballot or any ballot
      issue or ballot question that is on the ballot. "Electioneering" also includes
      soliciting signatures for a candidate petition, a recall petition, or a petition
      to place a ballot issue or ballot question on a subsequent ballot.
      "Electioneering" does not include a respectful display of the American flag.
      
           (2)  Except as necessary for ballot counting, no person may remove
      any official ballot from the polling location before the closing of the polls.
      
           (3)  Any person who violates any provision of this section is guilty
      of a misdemeanor and, upon conviction thereof, shall be punished as
      provided in section 1-13-111.
      
           SECTION 73.  In Colorado Revised Statutes, 1-13.5-1105, amend
      (3), (4) (d), (4) (e) (II), and (5) (b) as follows:
      
           1-13.5-1105.  Procedures for conducting independent mail ballot
      election. (3)  Subsequent to the preparation of ballots, but prior to the
      mailing required under subsection (4) of this section, a designated election
      official shall provide a mail ballot to an eligible elector requesting the
      ballot at the office designated in the mail ballot plan. filed with the
      secretary of state.
      
           (4) (d)  Not sooner than twenty-two days prior to election day, and
      until 7 p.m. on election day, mail ballots shall must be made available at
      the office designated in the mail ballot plan filed with the secretary of state
      for eligible electors who are not listed or who are listed as "Inactive" on the
      county voter registration records or, for special district independent mail
      ballot elections, not listed on the property owners list or the registration list
      but who are authorized to vote pursuant to section 1-13.5-202 or other
      applicable law.
      
           (e) (II)  A designated election official or election judge shall not
      transmit a mail ballot packet under this paragraph (e) unless a sworn
      statement requesting the ballot is received on or before election day. A
      ballot may be transmitted directly to the eligible elector requesting the
      ballot at the office designated in the mail ballot plan filed with the secretary
      of state or may be mailed to the eligible elector at the address provided in
      the sworn statement. Such ballots may be cast no later than 7 p.m. on
      election day.
      
           (5) (b)  The eligible elector may return the marked ballot to the
      designated election official by United States mail or by depositing the
      ballot at the office of the official or any place identified in the mail ballot
      plan by the designated election official. The ballot must be returned in the
      return envelope. If an eligible elector returns the ballot by mail, the elector
      must provide postage. The ballot shall must be received at the office
      identified in the mail ballot plan filed with the secretary of state or an
      identified depository, which shall must remain open until 7 p.m. on
      election day. The depository shall must be identified by the designated
      election official and located in a secure place under the supervision of the
      designated election official, an election judge, or another person named by
      the designated election official.
      
           SECTION 74.  In Colorado Revised Statutes, 24-72-305.6, amend
      (2) as follows:
      
           24-72-305.6.  County clerk and recorder access to criminal
      history records of election judges and employees - rules. (2)  A county
      clerk and recorder may request, in his or her discretion, the criminal history
      records from the public website maintained by the Colorado bureau of
      investigation for an election judge serving in the county. The secretary
      of state may, by rule promulgated in accordance with article 4
      of this title, require that certain duties may be performed only by
      those election judges for whom a county clerk and recorder has
      requested criminal history records pursuant to this subsection
      (2). Such duties may include accessing the statewide voter
      registration system established pursuant to section 1-2-301,
      C.R.S.
      
           SECTION 75.  In Colorado Revised Statutes, 30-35-904, amend
      (3) (b) as follows:
      
           30-35-904.  Formation of districts. (3) (b)  At the top of each page
      of the petition shall must be printed, in plain red letters no smaller than the
      impression of ten-point, bold-faced type, the following:
                      WARNING:
               IT IS AGAINST THE LAW:
      For anyone to sign this petition with any name other than his own, or to
      knowingly sign his name more than once for the same measure, or to sign
      such petition when not a registered elector.
          DO NOT SIGN THIS PETITION UNLESS
            YOU ARE A REGISTERED ELECTOR
      TO BE A REGISTERED ELECTOR, YOU MUST BE:
      
           1.  At least eighteen years of age.
      
           2.  A citizen of the United States.
      
           3.  A resident of the state of Colorado for at least thirty-two
      twenty-two days.
      
           4.  A resident of the precinct in which you live. for at least thirty-two
      days.
      
           5.  Registered to vote in the county.
      Do not sign this petition unless you have read or had read to you the
      proposal in its entirety and understand its meaning.
      
           SECTION 76.   In Colorado Revised Statutes, amend 31-10-306
      as follows:
      
           31-10-306.  Write-in candidate affidavit. The governing body of
      a municipality may provide by ordinance that no write-in vote for any
      municipal office shall be counted unless an affidavit of intent has been filed
      with the clerk by the person whose name is written in prior to twenty
      sixty-four days before the day of the election indicating that such person
      desires the office and is qualified to assume the duties of that office if
      elected.
      
           SECTION 77.   In Colorado Revised Statutes, amend 31-10-507
      as follows:
      
           31-10-507.  Election may be cancelled - when. In any ordinance
      adopted by the governing body of the municipality requiring an affidavit
      of intent for write-in candidates as provided in section 31-10-306, the
      governing body may also provide that, if the only matter before the voters
      is the election of persons to office and if, at the close of business on the
      nineteenth sixty-fourth day before the election, there are not more
      candidates than offices to be filled at such election, including candidates
      filing affidavits of intent, the clerk, if instructed by resolution of the
      governing body either before or after such date, shall cancel the election
      and by resolution declare the candidates elected. If so provided by
      ordinance, upon such declaration the candidates shall be deemed elected.
      Notice of such cancellation shall be published, if possible, in order to
      inform the electors of the municipality, and notice of such cancellation
      shall be posted at each polling place and in not less than one other public
      place.
      
           SECTION 78.  In Colorado Revised Statutes, 31-25-501, amend
      (1.7) (a) as follows:
      
           31-25-501.  Definitions. As used in this part 5, unless the context
      otherwise requires:
      
           (1.7) (a)  "Elector of the district" means a person who, at the
      designated time or event, is registered to vote in the general election in this
      state and:
      
           (I)  Who has been is a resident of the district or the area to be
      included in the district; for not less than thirty days; or
      
           (II)  Who or whose spouse or civil union partner owns taxable
      real or personal property within the district or the area to be included in the
      district whether or not said person resides within the district.
      
           SECTION 79.  In Colorado Revised Statutes, 32-1-806, amend (2)
      as follows:
      
           32-1-806.  Persons entitled to vote at special district elections.
      (2)  Any person desiring to vote at any election as an eligible elector
      pursuant to section 32-1-103 (5) (a) (II) shall sign a self-affirmation that the
      person is an elector of the special district. The self-affirming oath or
      affirmation shall must be on a form that contains in substance the
      following:
      
           "I,   (printed name)  , who reside at   (address)  , am an elector of this
        (name of special district)   district and desire to vote at this election. I do
      solemnly swear (or affirm) that I am registered to vote in the state of
      Colorado and qualified to vote in this special district election as:
      _____ A resident of the district or area to be included in the district; for not
      less than thirty days; or
      _____ The owner of taxable real or personal property situated within the
      boundaries of the special district or area to be included within the special
      district; or
      _____ A person who is obligated to pay taxes under a contract to purchase
      taxable property in the special district or the area to be included within the
      special district; or
      _____ The spouse or civil union partner of   (name of spouse or civil
      union partner)   who is the owner of taxable real or personal property
      situated within the boundaries of the special district or area to be included
      within the special district.
      I have not voted previously at this election.
      Date ___________________
      Signature of elector ________________________."
      
           SECTION 80.  In Colorado Revised Statutes, 37-45-103, amend
      (4) (a) (I) and (4) (a) (II) as follows:
      
           37-45-103.  Definitions. As used in this article, unless the context
      otherwise requires:
      
           (4) (a)  "Elector" means a person who, at the designated time or
      event, is qualified to vote in general elections in this state, and:
      
           (I)  Who has been is a resident of the district or the area to be
      included in the district; for not less than thirty-two days; or
      
           (II)  Who or whose spouse or civil union partner owns taxable
      real or personal property within the district or the area to be included in the
      district.
      
           SECTION 81.  Repeal of provision being relocated in this act.
      In Colorado Revised Statutes, repeal 1-2-501 (1.5).
      
           SECTION 82.  In Colorado Revised Statutes, repeal 1-1-112,
      1-5-206, 1-8.3-108 (1), and 1-13-204.
      
           SECTION 83.  In Colorado Revised Statutes, add 17-18-122 as
      follows:
      
           17-18-122.  Appropriation to comply with section 2-2-703 - S.B.
      16-142 - repeal. (1)  Pursuant to section 2-2-703, C.R.S., the
      following statutory appropriations are made in order to
      implement Senate Bill 16-142, enacted in 2016:
      
           (a)  For the 2017-18 state fiscal year, twenty-one thousand
      eight hundred sixty-four dollars is appropriated to the
      department from the general fund; and
      
           (b)  For the 2018-19 state fiscal year, five hundred forty- six
      dollars is appropriated to the department from the general fund.
      
           (2)  This section is repealed, effective July 1, 2019.
      
           SECTION 84.  Applicability. This act applies to elections
      conducted on or after the effective date of this act.
      
           SECTION 85.  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.
      
      
      
      
      ____________________________  ____________________________
      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