HOUSE 3rd Reading Unamended April 18, 2016 HOUSE Amended 2nd Reading April 15, 2016 Second Regular Session Seventieth General Assembly STATE OF COLORADO REENGROSSED This Version Includes All Amendments Adopted in the House of Introduction LLS NO. 16-0655.01 Kate Meyer x4348 HOUSE BILL 16-1300 HOUSE SPONSORSHIP Ryden, SENATE SPONSORSHIP Ulibarri and Donovan, House Committees Senate Committees State, Veterans, & Military Affairs Appropriations A BILL FOR AN ACT Concerning the return of voted mail ballots, and, in connection therewith, removing the requirement that electors provide postage on mail ballot return envelopes and encouraging the use of state-owned and convenient commercial properties for stand-alone drop-off locations for deposit of mail ballots. Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://www.leg.state.co.us/billsummaries.) Section 1 of the bill: Vests counties with the exclusive authority to determine placement and security of stand-alone ballot drop-off locations; Makes state-owned properties presumptively suitable for use as stand-alone drop-off locations where electors may deposit completed ballots; and Encourages counties to identify and utilize commercial properties for stand-alone drop-off locations. Section 2: Removes the requirement that an elector provide postage on mail ballot return envelopes; Requires counties to work with the United States postal service to ensure the efficient delivery of mail ballot return envelopes, and to describe this effort in its mail ballot plan; and Directs the secretary of state to use federal "Help America Vote Act" grant moneys to purchase at least one 24-hour drop box for each county in the state; except that counties may request a waiver from receiving such boxes. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, 1-5-102.9, amend (4) (b) (II) and (4) (b) (III) as follows: 1-5-102.9. Voter service and polling centers - number required - services provided - drop-off locations - repeal. (4) (b) (II) The placement and security of each drop-off location shall be determined by each county in accordance with the secretary of state's current security rules. The secretary of state may, by rule, promulgate specifications for the installation and accessibility for persons with disabilities of boxes at drop-off locations. With the exception of twenty-four hour secure drop boxes, each stand-alone drop-off location must be separate from voter service and polling centers. (III) (A) Counties are encouraged to designate community-based locations and state-owned properties as stand-alone drop-off locations. A state-owned property is presumed acceptable for use as a stand-alone drop-off location unless the particular circumstances of the location, such as inaccessibility or obscurity, render it unsuitable for such purpose. (B) Counties are also encouraged to enter into agreements, through public-private partnerships or otherwise, for placement of stand-alone drop-off locations on commercial properties that are conveniently located, accessible via various modes of transportation, well-known, and secure. SECTION 2. In Colorado Revised Statutes, 1-7.5-107, amend (4) (b) (II); and add (5) 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 - rules - repeal. (4) (b) (II) (A) If an eligible elector returns the ballot by mail, the elector must provide postage. The A ballot shall must be received at the office of the county clerk and recorder or designated election official or a designated drop-off location, which shall must remain open until 7 p.m. on election day. All envelopes containing mail ballots must be in the hands of the county clerk and recorder or designated election official no later than 7 p.m. on the day of the election. Mail ballot envelopes received after 7 p.m. on the day of the election but postmarked on or before the day of the election will remain sealed and uncounted, but the elector's registration record shall not be canceled for failure to vote in a general election. For an election coordinated by the county clerk and recorder, the drop-off location other than secure drop boxes shall be designated by the county clerk and recorder and located in a secure place under the supervision of a municipal clerk, an election judge, or a member of the clerk and recorder's staff. For a mail ballot election not coordinated by the county clerk and recorder, the drop-off location shall be designated 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 designated by the designated election official. (B) Each county shall work with the United States postal service to provide for the efficient delivery of mail ballot return envelopes, including those with no or insufficient postage, to the county clerk and recorder. In its mail ballot plan filed with the secretary of state, each county shall describe how it plans to work with the United States postal service pursuant to this sub-subparagraph (B). (5) (a) Except as provided in paragraph (b) of this subsection (5), the secretary of state, using moneys in the federal elections assistance fund created in section 1-1.5-106 that are received by the state from the federal government pursuant to the federal "Help America Vote Act of 2002", Pub. L. 107-252, codified at 52 U.S.C. sec. 20901 et seq., shall purchase one twenty-four hour secure drop box for each county in the state. (b) The secretary of state shall not purchase a twenty-four hour secure drop box for any county that timely submits a written request for a waiver from paragraph (a) of this subsection (5). SECTION 3. Applicability. This act applies to elections conducted on or after the effective date of this act. SECTION 4. 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.