First Regular Session
Sixty-second General Assembly
LLS NO. 99-0369.01 Dan Cartin HOUSE BILL 99-1144
STATE OF COLORADO
BY REPRESENTATIVE Bacon;
also SENATOR Feeley.
STATE, VETERANS, & MILITARY AFFAIRS
A BILL FOR AN ACT
101 CONCERNING THE CONDUCT OF PRESIDENTIAL PRIMARY ELECTIONS BY
102 MAIL BALLOT.
Bill Summary
(Note: This summary applies to this bill as introduced and does
not necessarily reflect any amendments that may be subsequently
adopted.)
Authorizes a designated election official for any political
subdivision to conduct a presidential primary election by mail ballot.
Allows an unaffiliated eligible elector to declare a party affiliation on a
presidential primary affiliation card or at the time of obtaining a ballot for
the presidential primary election.
Makes conforming changes to the "Mail Ballot Election Act" for
conducting presidential primary elections by mail ballot.
1 Be it enacted by the General Assembly of the State of Colorado:
2 SECTION 1. 1-4-1201 (2), Colorado Revised Statutes, is
3 amended to read:
4 1-4-1201. Definition. As used in this part 12, unless the context
5 otherwise requires:
6 (2) "Presidential primary election" means a primary election
7 conducted pursuant to section 1-4-1202 OR BY MAIL BALLOT AS PROVIDED
8 IN THIS PART 12 AND ARTICLE 7.5 OF THIS TITLE.
[ ] denotes HOUSE amendment. { } denotes SENATE amendment.
Capital letters indicate new material to be added to existing statute.
Dashes through the words indicate material to be deleted from existing statute.
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1 SECTION 2. 1-4-1202 (2) and (3), Colorado Revised Statutes,
2 are amended, and the said 1-4-1202 is further amended BY THE
3 ADDITION OF A NEW SUBSECTION, to read:
4 1-4-1202. Presidential primary elections - when - conduct.
5 (1.5) A PRESIDENTIAL PRIMARY ELECTION HELD PURSUANT TO
6 SUBSECTION (1) OF THIS SECTION MAY BE CONDUCTED BY MAIL BALLOT AS
7 PROVIDED IN THIS PART 12 AND ARTICLE 7.5 OF THIS TITLE.
8 (2) Each political party which has a qualified candidate entitled
9 to participate in the Colorado presidential primary election pursuant to
10 section 1-4-1203 is entitled to participate in the primary election and shall
11 have a separate party ballot. At the presidential primary election, an
12 elector may vote only for a candidate on the ballot of the political party
13 to which the elector has declared an affiliation. An unaffiliated eligible
14 elector may declare a party affiliation to the election judges at the
15 presidential primary election as provided in section 1-7-201 OR AS
16 PROVIDED IN SECTION 1-4-1202.5 OR 1-7.5-107 (3) (e) FOR A PRESIDENTIAL
17 PRIMARY ELECTION CONDUCTED BY MAIL BALLOT. The presidential
18 primary election for all political parties shall be held at the same time and
19 at the same polling places and shall be conducted by the same election
20 officials.
21 (3) Except as otherwise provided in this part 12, all presidential
22 primary elections shall be conducted in the same manner as other primary
23 elections, as provided in part 2 of article 7 of this title, OR BY A MAIL
24 BALLOT AS PROVIDED IN ARTICLE 7.5 OF THIS TITLE to the extent that those
25 provisions are applicable. The election officers for primary elections
26 shall have the same powers and shall perform the same duties as those
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1 provided by law for general elections.
2 SECTION 3. Part 12 of article 4 of title 1, Colorado Revised
3 Statutes, is amended BY THE ADDITION OF A NEW SECTION to
4 read:
5 1-4-1202.5. Presidential primary mail ballot election. (1) A
6 PRESIDENTIAL PRIMARY ELECTION MAY BE CONDUCTED BY MAIL BALLOT
7 AS PROVIDED IN ARTICLE 7.5 OF THIS TITLE, TO THE EXTENT THAT THOSE
8 PROVISIONS ARE APPLICABLE.
9 (2) MAIL BALLOT PACKETS FOR A PRESIDENTIAL PRIMARY MAIL
10 BALLOT ELECTION SHALL BE MAILED AS PROVIDED IN SECTION 1-7.5-107
11 (3) (a.5).
12 (3) (a) FOR A PRESIDENTIAL PRIMARY MAIL BALLOT ELECTION, NO
13 SOONER THAN FIFTY DAYS BEFORE THE ELECTION, AND NO LATER THAN
14 FORTY-FIVE DAYS BEFORE THE ELECTION, THE DESIGNATED ELECTION
15 OFFICIAL SHALL MAIL TO EACH ACTIVE ELIGIBLE ELECTOR REGISTERED AS
16 UNAFFILIATED, AT THE LAST MAILING ADDRESS APPEARING IN THE
17 REGISTRATION RECORDS AND IN ACCORDANCE WITH UNITED STATES
18 POSTAL SERVICE REGULATIONS, A PRESIDENTIAL PRIMARY AFFILIATION
19 CARD. SUCH CARD SHALL BE MARKED "FORWARDING SERVICE
20 REQUESTED". SUCH CARD SHALL HAVE A PLACE FOR THE ELIGIBLE
21 ELECTOR TO INDICATE THE NAME OF THE MAJOR POLITICAL PARTY WITH
22 WHICH THE ELIGIBLE ELECTOR WISHES TO AFFILIATE AND SHALL HAVE A
23 RETURNABLE PORTION THAT IS PREADDRESSED TO THE SENDING
24 DESIGNATED ELECTION OFFICIAL. IF THE ELIGIBLE ELECTOR RETURNS THE
25 CARD BY MAIL, THE ELECTOR MUST PROVIDE POSTAGE.
26 (b) A PRESIDENTIAL PRIMARY AFFILIATION CARD MUST BE
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1 RETURNED BY AN ELIGIBLE ELECTOR AND BE RECEIVED BY THE
2 DESIGNATED ELECTION OFFICIAL NO LATER THAN THIRTY DAYS BEFORE
3 THE ELECTION IN ORDER FOR THE ELIGIBLE ELECTOR TO BE ADDED TO THE
4 LIST OF ELIGIBLE ELECTORS AFFILIATED WITH A MAJOR POLITICAL PARTY
5 THAT SHALL BE MAILED A MAIL BALLOT PACKET FOR THE PRESIDENTIAL
6 PRIMARY ELECTION AS PROVIDED IN SECTION 1-7.5-107.
7 (4) ALL ENVELOPES CONTAINING BALLOTS CAST IN A PRESIDENTIAL
8 PRIMARY MAIL BALLOT ELECTION SHALL BE IN THE HANDS OF THE
9 DESIGNATED ELECTION OFFICIAL NO LATER THAN 7 P.M. ON THE DAY OF
10 THE ELECTION SET FORTH IN SECTION 1-4-1202 (1). BALLOTS SHALL BE
11 REVIEWED AND COUNTED FOR A PRESIDENTIAL PRIMARY MAIL BALLOT
12 ELECTION AS PROVIDED IN SECTION 1-7.5-107 (5) AND (6).
13 (5) NOTHING IN THIS SECTION OR IN PART 7.5 OF THIS TITLE
14 REGARDING MAIL BALLOT ELECTIONS SHALL AFFECT THE RIGHT OF ANY
15 PERSON TO VOTE BY A FEDERAL WRITE-IN ABSENTEE BALLOT AT THE
16 PRESIDENTIAL PRIMARY ELECTION AS PROVIDED IN SECTION 1-8-117.
17 SECTION 4. 1-7.5-103 (4), Colorado Revised Statutes, is
18 amended to read:
19 1-7.5-103. Definitions. As used in this article, unless the context
20 otherwise requires:
21 (4) "Mail ballot election" means an election for which eligible
22 electors may cast ballots by mail and in accordance with this article in:
23 (a) An election that involves only nonpartisan candidates or ballot
24 questions or ballot issues; OR
25 (b) A PRESIDENTIAL PRIMARY ELECTION.
26 SECTION 5. 1-7.5-104 (2), Colorado Revised Statutes, is
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1 amended, and the said 1-7.5-104 is further amended BY THE
2 ADDITION OF A NEW SUBSECTION, to read:
3 1-7.5-104. Mail ballot elections - optional - presidential
4 primary elections. (2) Notwithstanding the provisions of subsection (1)
5 of this section, a mail ballot election shall not be held for:
6 (a) elections or Recall elections;
7 (b) ELECTIONS that involve partisan candidates EXCEPT FOR A
8 PRESIDENTIAL PRIMARY ELECTION DESCRIBED IN PART 12 OF THIS TITLE;
9 (c) Elections held in conjunction with, or on the same day as, a
10 primary or congressional vacancy election.
11 (2.5) A DESIGNATED ELECTION OFFICIAL FOR ANY POLITICAL
12 SUBDIVISION MAY CONDUCT THE PRESIDENTIAL PRIMARY ELECTION
13 DESCRIBED IN PART 12 OF THIS TITLE BY MAIL BALLOT. THE DESIGNATED
14 ELECTION OFFICIAL SHALL CONDUCT THE PRESIDENTIAL PRIMARY
15 ELECTION BY MAIL BALLOT UNDER THE SUPERVISION OF THE SECRETARY
16 OF STATE AND SHALL BE SUBJECT TO RULES THAT SHALL BE PROMULGATED
17 BY THE SECRETARY OF STATE.
18 SECTION 6. 1-7.5-107 (3), Colorado Revised Statutes, is
19 amended BY THE ADDITION OF THE FOLLOWING NEW
20 PARAGRAPHS to read:
21 1-7.5-107. Procedures for conducting mail ballot election.
22 (3) (a.5) (I) FOR A PRESIDENTIAL PRIMARY ELECTION CONDUCTED BY MAIL
23 BALLOT, NO SOONER THAN TWENTY-FIVE DAYS BEFORE THE ELECTION, AND
24 NO LATER THAN FIFTEEN DAYS BEFORE THE ELECTION, THE DESIGNATED
25 ELECTION OFFICIAL SHALL MAIL TO EACH ACTIVE REGISTERED ELECTOR
26 THAT HAS DECLARED AN AFFILIATION WITH A MAJOR POLITICAL PARTY, AT
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1 THE LAST MAILING ADDRESS APPEARING IN THE REGISTRATION RECORDS
2 AND IN ACCORDANCE WITH UNITED STATES POSTAL SERVICE
3 REGULATIONS, A PRESIDENTIAL PRIMARY MAIL BALLOT PACKET THAT
4 SHALL BE MARKED "FORWARDING SERVICE REQUESTED".
5 (II) THE MAIL BALLOT PACKET FOR A PRESIDENTIAL PRIMARY
6 ELECTION SHALL CONTAIN THE PARTY BALLOT OF THE MAJOR POLITICAL
7 PARTY WITH WHOM THE ELECTOR'S AFFILIATION WAS LAST RECORDED.
8 (e) (I) IF, FOR A PRESIDENTIAL PRIMARY ELECTION CONDUCTED BY
9 A MAIL BALLOT, AN ELIGIBLE ELECTOR DID NOT RECEIVE A BALLOT
10 BECAUSE THE ELECTOR WAS NOT SHOWN AS BEING AFFILIATED WITH A
11 MAJOR POLITICAL PARTY AT THE TIME THE BALLOTS WERE MAILED TO
12 REGISTERED ELECTORS, THAT ELIGIBLE ELECTOR MAY OBTAIN A BALLOT
13 AND VOTE IN SUCH ELECTION BY APPLYING TO THE DESIGNATED ELECTION
14 OFFICIAL FOR A BALLOT, DECLARING AN AFFILIATION TO SUCH OFFICIAL,
15 AND MARKING AND RETURNING THE BALLOT TO SUCH OFFICIAL NO LATER
16 THAN 7 P.M. ON ELECTION DAY.
17 (II) A DESIGNATED ELECTION OFFICIAL SHALL NOT TRANSMIT A
18 BALLOT UNDER THIS PARAGRAPH (e) UNLESS THE ELIGIBLE ELECTOR'S
19 DECLARATION OF PARTY AFFILIATION IS MADE AND RECEIVED ON OR
20 BEFORE ELECTION DAY. A BALLOT MAY BE TRANSMITTED DIRECTLY TO
21 THE ELIGIBLE ELECTOR REQUESTING THE BALLOT AT THE DESIGNATED
22 ELECTION OFFICIAL'S OFFICE OR THE OFFICE DESIGNATED IN THE MAIL
23 BALLOT PLAN FILED WITH THE SECRETARY OF STATE OR MAY BE MAILED TO
24 THE ELIGIBLE ELECTOR AT THE ADDRESS PROVIDED IN THE SWORN
25 STATEMENT. BALLOTS MAY BE CAST NO LATER THAN 7 P.M. ON ELECTION
26 DAY.
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1 SECTION 7. 1-7.5-109, Colorado Revised Statutes, is amended
2 to read:
3 1-7.5-109. Write-in candidates. Write-in candidates shall be
4 allowed on mail ballot elections provided that the candidate has filed an
5 affidavit of intent with the designated election official pursuant to section
6 1-4-1101 AND EXCEPT AS OTHERWISE PROVIDED IN SECTION 1-4-1205.
7 Ballots for write-in candidates are to be counted pursuant to section
8 1-7-114.
9 SECTION 8. 1-2-206 (1), Colorado Revised Statutes, is amended
10 to read:
11 1-2-206. Declaration of party affiliation. (1) Any unaffiliated
12 eligible elector may declare a party affiliation at the time the elector
13 prepares to vote at a primary election, as provided in section 1-7-201 (2),
14 OR IN ORDER TO VOTE IN A PRESIDENTIAL PRIMARY ELECTION, AS PROVIDED
15 IN SECTION 1-4-1202.5 (3) OR 1-7.5-107 (3) (e); or at any time during
16 which electors are permitted to register by appearing in person before the
17 county clerk and recorder; or by filing or causing to be filed a written
18 request for the declaration upon a form which THAT shall be furnished by
19 the county clerk and recorder at the request of the elector. Any eligible
20 elector who has not declared a party affiliation shall be designated on the
21 registration books of the county clerk and recorder as "unaffiliated".
22 SECTION 9. Safety clause. The general assembly hereby finds,
23 determines, and declares that this act is necessary for the immediate
24 preservation of the public peace, health, and safety.