First Extraordinary Session Sixty-fifth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 06B-2015.01 Bob Lackner HOUSE BILL 06S-1013 HOUSE SPONSORSHIP Knoedler, Balmer, Berens, Cadman, Gardner, Harvey, Kerr J., Liston, Schultheis, and Welker SENATE SPONSORSHIP Traylor, House Committees Senate Committees State, Veterans, & Military Affairs A BILL FOR AN ACT Concerning the documentation necessary for the identification of electors in connection with elections in the state. Bill Summary (Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.) Requires a person who applies to register to vote to provide proof of citizenship. Allows proof of citizenship to be established by:  A valid United States passport or a photocopy thereof;  The person's birth certificate or a photocopy thereof;  The person's United States naturalization documentation or a photocopy thereof;  The number of the applicant's certificate of naturalization, verified by the county clerk and recorder;  Any document or method of proof of citizenship established by federal immigration law; or  A Colorado driver's license bearing an indication that the licensee is a United States citizen. States that proof of voter registration from another state is not proof of citizenship. Directs the county clerk and recorder not to register a person who applies to register to vote by completing a provisional ballot affidavit until the person provides proof of citizenship. Exempts from the requirement to provide proof of citizenship a person who:  Is a registered elector as of a specified date, unless the person moves to a new county;  Moves within a county and changes the person's address on the registration record;  Changes his or her name on the registration record;  Declares, changes, or withdraws an affiliation with a political party or organization; or  Is an absent uniformed services elector or an overseas elector and applies to register by federal postcard application. Specifies that eligible electors who vote at a precinct polling place or vote center must provide a secure and verifiable document of identification. Specifies that eligible electors who vote at the office of a county clerk and recorder must provide a secure and verifiable document of identification. Provides that those electors that have not previously voted in Colorado or are reregistering to vote after moving to a new county must provide a secure and verifiable document of identification if they vote by absentee ballot or mail ballot. Requires a person who applies for a driver's license who is a United States citizen to submit proof of citizenship, and requires the license issued to such person to indicate the licensee's citizenship. Makes conforming amendments. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. 1-2-201 (2), Colorado Revised Statutes, is amended to read: 1-2-201. Registration required - deadline. (2) Each elector registering shall sign his or her name on the registration record or, if unable to write, shall make a personal mark or be provided assistance to make such a mark by the county clerk and recorder or any other person authorized by the county clerk and recorder or the elector. The elector shall answer the questions required by section 1-2-204, and shall complete the self-affirmation required by section 1-2-205, and provide proof of citizenship pursuant to section 1-2-205.5. SECTION 2. Part 2 of article 2 of title 1, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read: 1-2-205.5. Proof of citizenship. (1) The county clerk and recorder or deputy registrar shall not register an eligible elector making application for registration unless the elector submits proof of citizenship to the county clerk and recorder or deputy registrar. (2) Proof of citizenship may be established by any of the following: (a) A valid United States passport, or a legible photocopy of the pertinent pages thereof, identifying the elector and showing the passport number; (b) The elector's birth certificate or a legible photocopy thereof; (c) The elector's United States naturalization documentation, or a legible photocopy thereof, or the number of the applicant's certificate of naturalization; except that an elector who provides the number of the certificate of naturalization in lieu of the naturalization documentation shall not be registered until the county clerk and recorder verifies the number with United States citizenship and immigration services; (d) Any document or method of proof of citizenship established by the federal "Immigration Reform and Control Act of 1986", P.L. 99-603, as amended; or (e) A driver's license bearing an indication that the licensee is a United States citizen in accordance with the provisions of section 42-2-114 (1) (a) (III) (L), C.R.S. (3) Proof of voter registration from another state shall not be considered proof of citizenship for purposes of this section. (4) A person who is a registered elector as of July 1, 2006, is deemed to have provided proof of citizenship and is not required to submit proof of citizenship pursuant to this section. (5) A registered elector is not required to submit proof of citizenship when the elector: (a) Moves within a county and changes his or her address on the registration record pursuant to section 1-2-216; (b) Changes his or her name on the registration record pursuant to section 1-2-218; (c) Declares an affiliation with a political party or political organization pursuant to section 1-2-218.5; or (d) Changes or withdraws an affiliation with a political party or political organization pursuant to section 1-2-219. (6) The county clerk and recorder shall not register a person who applies to register by completing a provisional ballot affidavit pursuant to section 1-8.5-103 (2) (a), 1-8.5-107 (1) or (2) (c), or 1-8.5-108 until the person provides proof of citizenship pursuant to this section. (7) The requirements of this section shall not apply to an absent uniformed services elector, a nonresident overseas elector, or a resident overseas elector who applies to register by federal postcard application in accordance with sections 1-2-208 and 1-2-209. SECTION 3. 1-2-213 (2) (a), Colorado Revised Statutes, is amended to read: 1-2-213. Registration at driver's license examination facilities. (2) (a) An applicant who wishes to complete an application for registration shall read and answer the questions required by section 1-2-204, and shall provide proof of citizenship pursuant to section 1-2-205.5, and make a self-affirmation by signing the following statement: "I, ......................, do solemnly affirm that I am a citizen of the United States and that on the date of the next election I shall have attained the age of eighteen years and shall have resided in the state of Colorado at least thirty days and in my precinct at least thirty days before the election. I further affirm that the present address I listed herein is my sole legal place of residence and that I claim no other place as my legal residence." Each application for registration shall bear the following statement: "Warning: It is a class 1 misdemeanor to affirm falsely as to your qualifications to register to vote." SECTION 4. 1-2-217.5 (1) (b), Colorado Revised Statutes, is amended to read: 1-2-217.5. Change in residence before close of registration - emergency registration at office of county clerk and recorder. (1) Notwithstanding the provisions of sections 1-2-101 and 1-2-102, an elector may register to vote in an election after the registration books of the county clerk and recorder are closed for that election by completing an emergency registration affidavit as prescribed by the secretary of state if the elector: (b) Presents identification within the meaning of section 1-1-104 (19.5) and proof of citizenship pursuant to section 1-2-205.5. SECTION 5. 1-2-501 (1) (b.5) (I) (D) and (1.5), Colorado Revised Statutes, are amended to read: 1-2-501. Form for mail and agency registration - procedures for registration by mail for first-time electors - additional identifying information to be provided by first-time registrants. (1) The secretary of state, in consultation with the federal election assistance commission, shall develop an application form that may be used for mail voter registration, voter registration at voter registration agencies, and voter change of address. The form developed shall: (b.5) (I) Include: (D) A statement informing the applicant that, if the form is submitted by mail and the applicant has not previously voted in the county, or in the state if the statewide voter registration system required by section 1-2-301 is operating, the applicant shall submit with the registration form a copy of identification as defined in section 1-1-104 (19.5), proof of citizenship pursuant to section 1-2-205.5, and the applicant's driver's license number or the last four digits of the applicant's social security number, otherwise the applicant will be required to submit a copy of identification with the applicant's mail ballot or absentee ballot. (1.5) An elector who submits a voter registration form by mail and is registering to vote for the first time in the county, or in the state if the statewide voter registration system required by section 1-2-301 is operating, shall: (a) Submit with the voter registration form a copy of identification as defined in section 1-1-104 (19.5), proof of citizenship pursuant to section 1-2-205.5, and 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 a secure and verifiable document of identification as defined in section 1-1-104 (19.5) section 24-72.1-102 (5), C.R.S., with the elector's mail ballot in accordance with section 1-7.5-107 (3.5) or with the elector's absentee ballot in accordance with section 1-8-113 (3). SECTION 6. 1-7-103 (5) (b), Colorado Revised Statutes, is amended to read: 1-7-103. No voting unless eligible - first-time voters casting a ballot in person after having registered by mail to vote. (5) (b) Any person who matches either of the descriptions specified in subparagraph (I) or (II) of paragraph (a) of this subsection (5) and intends to cast his or her ballot in person shall present to the appropriate election official at the polling place a secure and verifiable document of identification within the meaning of section 1-1-104 (19.5) section 24-72.1-102 (5), C.R.S. SECTION 7. 1-7-110 (1) and (2), Colorado Revised Statutes, are amended to read: 1-7-110. Preparing to vote. (1) Except as provided in subsection (4) of this section, any eligible elector desiring to vote shall show his or her identification as defined in section 1-1-104 (19.5) a secure and verifiable document of identification as defined in section 24-72.1-102 (5), C.R.S., write his or her name and address on the signature card, and give the signature card to one of the election judges, who shall clearly and audibly announce the name in a loud and distinct tone of voice. An eligible elector who is unable to write may request assistance from one of the election judges, who shall also sign the signature card and witness the eligible elector's mark. The signature card shall provide: "I, ....................., who reside at ....................., am an eligible elector of this precinct or district and desire to vote at this ..................... election. Date ....................." (2) If the eligible elector shows a secure and verifiable document of identification within the meaning of section 1-1-104 (19.5) section 24-72.1-102 (5), C.R.S., and the elector's name is found on the registration list or, where applicable, the property owner's list by the election judge in charge, the elector's name shall be repeated. The judge in charge of the pollbook or list shall then enter the eligible elector's name, and the eligible elector shall be allowed to enter the immediate voting area. Besides the election officials, no more than four electors more than the number of voting booths shall be allowed within the immediate voting area at one time. SECTION 8. 1-7-201 (1), Colorado Revised Statutes, is amended to read: 1-7-201. Voting at primary election. (1) Any registered elector who has declared an affiliation with a political party that is participating in a primary election and who desires to vote for candidates of that party at a primary election shall show a secure and verifiable document of identification, as defined in section 1-1-104 (19.5) section 24-72.1-102 (5), C.R.S., and write his or her name and address on a form available at the polling place and give the form to one of the election judges, who shall clearly and audibly announce the name. SECTION 9. 1-7.5-107 (3.5) (b), Colorado Revised Statutes, is amended to read: 1-7.5-107. Procedures for conducting mail ballot election - first-time voters casting a mail ballot after having registered by mail to vote. (3.5) (b) Any person who matches either of the descriptions specified in subparagraph (I) or (II) of paragraph (a) of this subsection (3.5) and intends to cast his or her ballot by mail in accordance with this article shall submit with his or her mail ballot a copy of a secure and verifiable document of identification within the meaning of section 1-1-104 (19.5) section 24-72.1-102 (5), C.R.S. SECTION 10. 1-7.5-107.3 (2) (a), Colorado Revised Statutes, is amended to read: 1-7.5-107.3. Verification of signatures - November coordinated elections. (2) (a) If, upon comparing the signature of an eligible elector on the self-affirmation on the return envelope with the signature of the eligible elector on file with the county clerk and recorder, the election judge determines that the signatures do not match, two other election judges of different political party affiliations shall simultaneously compare the signatures. If both other election judges agree that the signatures do not match, the county clerk and recorder shall, within two days after election day, send to the eligible elector at the address indicated in the registration records a letter explaining the discrepancy in signatures and a form for the eligible elector to confirm that the elector returned a ballot to the county clerk and recorder. If the county clerk and recorder receives the form within eight days after election day confirming that the elector returned a ballot to the county clerk and recorder and enclosing a copy of the elector's secure and verifiable document of identification as defined in section 1-1-104 (19.5) section 24-72.1-102 (5), C.R.S., and if the ballot is otherwise valid, the ballot shall be counted. If the eligible elector does not enclose a copy of the elector's secure and verifiable document of identification as defined in section 24-72.1-102 (5), C.R.S., along with the form, the self-affirmation on the return envelope shall be categorized as incorrect and the ballot shall not be counted. If the eligible elector returns the form indicating that the elector did not return a ballot to the county clerk and recorder, or if the eligible elector does not return the form within eight days after election day, the self-affirmation on the return envelope shall be categorized as incorrect, the ballot shall not be counted, and the county clerk and recorder shall send copies of the eligible elector's signature on the return envelope and the signature on file with the county clerk and recorder to the district attorney for investigation. SECTION 11. 1-8-113 (3) (b), Colorado Revised Statutes, is amended to read: 1-8-113. Manner of absentee voting - first-time voters casting an absentee ballot after having registered by mail to vote. (3) (b) Any person who matches either of the descriptions specified in subparagraph (I) or (II) of paragraph (a) of this subsection (3) and intends to cast his or her ballot by absentee ballot in accordance with the requirements of this article shall submit with his or her absentee ballot a copy of a secure and verifiable document of identification within the meaning of section 1-1-104 (19.5) section 24-72.1-102 (5), C.R.S. SECTION 12. 1-8-114.5 (2) (a), Colorado Revised Statutes, is amended to read: 1-8-114.5. Verification of signatures. (2) (a) If, upon comparing the signature of an eligible elector on the self-affirmation on the return envelope with the signature of that eligible elector on file with the county clerk and recorder, the election judge determines that the signatures do not match, two other election judges of different political party affiliations shall simultaneously compare the signatures. If both other election judges agree that the signatures do not match, the county clerk and recorder shall, within two days after election day, send to the eligible elector at the address indicated in the registration records a letter explaining the discrepancy in signatures and a form for the eligible elector to confirm that the elector voted, signed the self-affirmation, and returned a ballot to the county clerk and recorder. If the county clerk and recorder receives the form within eight days after election day confirming that the elector voted, signed the self-affirmation, and returned a ballot to the county clerk and recorder and enclosing a copy of the elector's secure and verifiable document of identification as defined in section 1-1-104 (19.5) section 24-72.1-102 (5), C.R.S., and if the ballot is otherwise valid, the ballot shall be counted. If the eligible elector does not enclose a copy of the elector's secure and verifiable document of identification as defined in section 1-1-104 (19.5) section 24-72.1-102 (5), C.R.S., along with the form, the self-affirmation on the return envelope shall be categorized as incorrect and the ballot shall not be counted. If the eligible elector returns the form indicating that the elector did not vote, sign the self-affirmation, or return a ballot to the county clerk and recorder, or if the eligible elector does not return the form within eight days after election day, the self-affirmation on the return envelope shall be categorized as incorrect, the ballot shall not be counted, and the county clerk and recorder shall send copies of the eligible elector's signature on the return envelope and the signature on file with the county clerk and recorder to the district attorney for investigation. SECTION 13. 1-8.5-103 (2) (a), Colorado Revised Statutes, is amended to read: 1-8.5-103. Provisional ballot affidavit. (2) (a) The provisional ballot affidavit shall constitute a voter registration application for the voter for future elections. When the county clerk registers the elector on the registration record, any previous voter registration for the voter shall be cancelled pursuant to section 1-2-603 (1). SECTION 14. 42-2-107 (1) (a) (I), Colorado Revised Statutes, is amended to read: 42-2-107. Application for license or instruction permit - anatomical gifts - donations to organ and tissue donation awareness fund - legislative declaration - repeal. (1) (a) (I) Every application for an instruction permit or for a driver's or minor driver's license shall be made upon forms furnished by the department. Every application shall be accompanied by the required fee. The fee for an application for any instruction permit shall be ten dollars. Every applicant shall submit, with the application, proof of age or proof of identity, or both, as the department may require. An applicant who is a United States citizen shall submit proof of citizenship. Proof of citizenship may be established by any of the following: (A) A valid United States passport, or a legible photocopy of the pertinent pages thereof, identifying the applicant and showing the passport number; (B) The applicant's birth certificate or a legible photocopy thereof; (C) The applicant's United States naturalization documentation, or a legible photocopy thereof, or the number of the applicant's certificate of naturalization; except that an applicant who provides the number of the certificate of naturalization in lieu of the naturalization documentation shall not receive a permit or license until the county clerk and recorder verifies the number with United States citizenship and immigration services; or (D) Any document or method of proof of citizenship established by the federal "Immigration Reform and Control Act of 1986", P.L. 99-603, as amended. SECTION 15. 42-2-114 (1) (a) (III), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUB-SUBPARAGRAPH to read: 42-2-114. License issued - fees - repeal. (1) (a) (III) Such license shall bear thereon the following: (L) An indication that the licensee is a United States citizen if the licensee established proof of citizenship in accordance with the provisions of section 42-2-107 (1) (a) (I). SECTION 16. Applicability. This act shall apply to voter registration applications received and to any eligible elector voting on or after the effective date of this act, to applications for permits and licenses made on or after January 1, 2007, and to permits and licenses issued on or after January 1, 2007. SECTION 17. 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.