First Regular Session
Sixty-second General Assembly
LLS NO. 99-0504.02 Jason Gelender HOUSE BILL 99-1248
STATE OF COLORADO
BY REPRESENTATIVE Tool
STATE, VETERANS, & MILITARY AFFAIRS
A BILL FOR AN ACT
101 CONCERNING THE CREATION OF THE COLORADO ELECTION COMMISSION.
Bill Summary
(Note: This summary applies to this bill as introduced and does
not necessarily reflect any amendments that may be subsequently
adopted.)
Creates the Colorado election commission within the department
of state. Transfers all functions of the secretary of state that relate to
elections to the commission. Sets forth the membership of the
commission and the procedures for appointing members of the
commission. Sets forth the powers and duties of the commission.
Requires the secretary of state to appoint a director of elections to
administer the day-to-day operations of the Colorado election
commission. Requires the secretary of state to give presumptive
consideration to the recommendations of the commission in making such
appointment. States that the director shall report to and be supervised and
directed by the commission. Sets forth the powers and duties of the
director.
Makes a conforming repeal.
Drafter's Note: It will be necessary to add a large number of
conforming amendments to this bill through the amendment process prior
to final passage. The conforming amendments will be needed to change
existing references to the secretary of state in numerous election-related
statutes to references to the Colorado elections commission.
1 Be it enacted by the General Assembly of the State of Colorado:
2 SECTION 1. 24-1-111, Colorado Revised Statutes, is amended
3 BY THE ADDITION OF A NEW SUBSECTION to read:
[ ] 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 24-1-111. Department of state - creation. (3) THE DEPARTMENT
2 OF STATE SHALL INCLUDE THE COLORADO ELECTION COMMISSION,
3 CREATED BY PART 2 OF ARTICLE 21 OF THIS TITLE. THE COLORADO
4 ELECTION COMMISSION SHALL EXERCISE ITS POWERS AND PERFORM ITS
5 DUTIES UNDER THE DEPARTMENT OF STATE AS IF THE SAME WERE
6 TRANSFERRED BY A TYPE 1 TRANSFER.
7 SECTION 2. Article 21 of title 24, Colorado Revised Statutes,
8 is amended BY THE ADDITION OF A NEW PART to read:
9 PART 2
10 COLORADO ELECTION COMMISSION
11 24-21-201. Definitions. AS USED IN THIS PART 2, UNLESS THE
12 CONTEXT OTHERWISE REQUIRES:
13 (1) "COMMISSION" MEANS THE COLORADO ELECTION COMMISSION
14 CREATED BY SECTION 24-21-202.
15 (2) "DEPARTMENT" MEANS THE COLORADO DEPARTMENT OF
16 STATE.
17 (3) "DIRECTOR" MEANS THE DIRECTOR OF THE COLORADO
18 ELECTION COMMISSION.
19 (4) "ELECTION CODE" MEANS THE "UNIFORM ELECTION CODE OF
20 1992", ARTICLES 1 TO 13 OF TITLE 1, C.R.S.
21 24-21-202. Colorado election commission - creation -
22 membership - operation. (1) THERE IS HEREBY CREATED, WITHIN THE
23 DEPARTMENT, THE COLORADO ELECTION COMMISSION, WHICH SHALL
24 EXERCISE ITS POWERS AND PERFORM ITS DUTIES AS SPECIFIED UNDER THIS
25 PART 2 UNDER THE DEPARTMENT AS IF THE SAME WERE TRANSFERRED TO
26 THE DEPARTMENT BY A TYPE 1 TRANSFER, AS SUCH TRANSFER IS DEFINED
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1 IN THE "ADMINISTRATIVE ORGANIZATION ACT OF 1968", ARTICLE 1 OF
2 THIS TITLE.
3 (a) THE COMMISSION SHALL CONSIST OF FIVE MEMBERS WHO
4 SHALL BE APPOINTED BY THE GOVERNOR WITH THE CONSENT OF THE
5 SENATE IN ACCORDANCE WITH THE FOLLOWING REQUIREMENTS:
6 (I) TWO MEMBERS SHALL BE AFFILIATED WITH THE POLITICAL
7 PARTY THAT HOLDS THE HIGHEST NUMBER OF SEATS IN THE GENERAL
8 ASSEMBLY AT THE TIME OF APPOINTMENT AND SHALL BE APPOINTED FROM
9 A LIST OF FIVE CANDIDATES SUBMITTED BY THE STATE CHAIRPERSON OF
10 SUCH POLITICAL PARTY.
11 (II) ONE MEMBER SHALL BE AFFILIATED WITH THE POLITICAL
12 PARTY THAT HOLDS THE SECOND HIGHEST NUMBER OF SEATS IN THE
13 GENERAL ASSEMBLY AT THE TIME OF APPOINTMENT AND SHALL BE
14 APPOINTED FROM A LIST OF THREE CANDIDATES SUBMITTED BY THE STATE
15 CHAIRPERSON OF SUCH POLITICAL PARTY.
16 (III) ONE MEMBER SHALL BE A COUNTY CLERK AND RECORDER
17 WHO IS AFFILIATED WITH THE POLITICAL PARTY THAT HOLDS THE HIGHEST
18 NUMBER OF SEATS IN THE GENERAL ASSEMBLY AT THE TIME OF
19 APPOINTMENT AND SHALL BE APPOINTED FROM A LIST OF THREE
20 CANDIDATES SUBMITTED BY THE COLORADO STATE ASSOCIATION OF
21 CLERKS AND RECORDERS.
22 (IV) ONE MEMBER SHALL BE A COUNTY CLERK AND RECORDER
23 WHO IS AFFILIATED WITH THE POLITICAL PARTY THAT HOLDS THE SECOND
24 HIGHEST NUMBER OF SEATS IN THE GENERAL ASSEMBLY AT THE TIME OF
25 APPOINTMENT AND SHALL BE APPOINTED FROM A LIST OF THREE
26 CANDIDATES SUBMITTED BY THE COLORADO STATE ASSOCIATION OF
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1 CLERKS AND RECORDERS.
2 (b) FOR THE PURPOSES OF SUBPARAGRAPHS (I) AND (II) OF
3 PARAGRAPH (a) OF THIS SUBSECTION (1), IF TWO POLITICAL PARTIES HAVE
4 AN EQUAL AND THE HIGHEST NUMBER OF SEATS IN THE GENERAL
5 ASSEMBLY, THE STATE CHAIRPERSONS OF SUCH POLITICAL PARTIES SHALL
6 EACH SUBMIT A LIST OF FIVE CANDIDATES TO THE GOVERNOR AND THE
7 GOVERNOR SHALL APPOINT TWO MEMBERS FROM ONE LIST AND ONE
8 MEMBER FROM THE OTHER.
9 (c) A MEMBER OF THE COMMISSION MAY NOT SIMULTANEOUSLY
10 SERVE AS A MEMBER OF THE GENERAL ASSEMBLY.
11 (d) (I) MEMBERS OF THE COMMISSION SHALL SERVE FOR TERMS OF
12 FOUR YEARS; EXCEPT THAT THE INITIAL MEMBERS APPOINTED PURSUANT
13 TO SUBPARAGRAPHS (I) AND (II) OF PARAGRAPH (a) OF THIS SUBSECTION
14 (1) SHALL SERVE FOR TERMS OF THREE YEARS. THE GOVERNOR SHALL
15 MAKE INITIAL APPOINTMENTS TO THE COMMISSION WITHIN FORTY-FIVE
16 DAYS AFTER THE EFFECTIVE DATE OF THIS PART 2.
17 (II) NOTWITHSTANDING THE PROVISIONS OF SUBPARAGRAPHS (I)
18 AND (II) OF PARAGRAPH (a) OF THIS SUBSECTION (1), NO MEMBER SHALL BE
19 REPLACED ON THE COMMISSION PRIOR TO THE REGULAR EXPIRATION OF
20 SUCH MEMBER'S TERM BECAUSE OF A CHANGE IN THE POLITICAL PARTY
21 HOLDING THE HIGHEST NUMBER OF SEATS IN THE GENERAL ASSEMBLY.
22 THE GOVERNOR MAY REMOVE FROM OFFICE ANY MEMBER OF THE
23 COMMISSION FOR MISCONDUCT, INCOMPETENCE, OR NEGLECT OF DUTY.
24 (e) ALL MEMBERS OF THE COMMISSION, BEFORE ENTERING UPON
25 THE DUTIES OF THEIR OFFICE, SHALL TAKE THE OATH PRESCRIBED BY THE
26 CONSTITUTION FOR STATE OFFICERS AND FILE THE SAME IN THE OFFICE OF
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1 THE SECRETARY OF STATE.
2 (f) ANY VACANCY ON THE COMMISSION SHALL BE FILLED FOR THE
3 UNEXPIRED TERM IN THE SAME MANNER AS THE APPOINTMENT OF THE
4 MEMBER VACATING THE POSITION; EXCEPT THAT THE PERSON APPOINTED
5 TO FILL THE VACANCY SHALL BE AFFILIATED WITH THE SAME POLITICAL
6 PARTY AS THE MEMBER VACATING THE POSITION, NOTWITHSTANDING A
7 CHANGE IN THE POLITICAL PARTY HOLDING THE HIGHEST NUMBER OF SEATS
8 IN THE GENERAL ASSEMBLY.
9 (2) (a) THE COMMISSION SHALL HOLD AT LEAST ONE MEETING
10 EACH MONTH AND SUCH ADDITIONAL MEETINGS AS MAY BE PRESCRIBED BY
11 RULES OF THE COMMISSION. AT THE FIRST MEETING OF EACH FISCAL YEAR,
12 A CHAIRPERSON AND VICE-CHAIRPERSON SHALL BE CHOSEN FROM THE
13 MEMBERSHIP OF THE COMMISSION BY A MAJORITY OF THE MEMBERS OF THE
14 COMMISSION. SPECIAL MEETINGS MAY BE CALLED BY THE CHAIRPERSON,
15 ANY TWO MEMBERS OF THE COMMISSION, OR THE SECRETARY OF STATE IF
16 WRITTEN NOTIFICATION OF SUCH MEETING IS DELIVERED TO EACH MEMBER
17 AT LEAST SEVENTY-TWO HOURS PRIOR TO SUCH MEETING.
18 NOTWITHSTANDING THE PROVISIONS OF SECTION 24-6-402, IN EMERGENCY
19 SITUATIONS IN WHICH A MAJORITY OF THE COMMISSION CERTIFIES THAT
20 EXIGENCIES OF TIME REQUIRE THAT THE COMMISSION MEET WITHOUT
21 DELAY, THE REQUIREMENTS OF PUBLIC NOTICE AND OF SEVENTY-TWO
22 HOURS' ACTUAL ADVANCE WRITTEN NOTICE TO MEMBERS MAY BE
23 DISPENSED WITH, AND COMMISSION MEMBERS AS WELL AS THE PUBLIC
24 SHALL RECEIVE SUCH NOTICE AS IS REASONABLE UNDER THE
25 CIRCUMSTANCES. ALL MEETINGS OF THE COMMISSION, IN ANY SUIT OR
26 PROCEEDINGS, SHALL BE PRESUMED TO HAVE BEEN DULY CALLED AND
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1 REGULARLY HELD, AND ALL ORDERS, RULES, AND PROCEEDINGS OF THE
2 COMMISSION TO HAVE BEEN AUTHORIZED, UNLESS THE CONTRARY IS
3 PROVEN.
4 (b) THE COMMISSION MAY ADOPT, AMEND, OR RESCIND RULES FOR
5 GOVERNING ITS MEETINGS. A MAJORITY OF THE COMMISSION SHALL
6 CONSTITUTE A QUORUM, BUT THE CONCURRENCE OF A MAJORITY OF THE
7 MEMBERS APPOINTED TO THE COMMISSION SHALL BE REQUIRED FOR ANY
8 FINAL ACTION BY THE COMMISSION.
9 (c) THE COMMISSION SHALL KEEP A COMPLETE AND ACCURATE
10 RECORD OF ALL ITS MEETINGS.
11 (d) MEMBERS OF THE COMMISSION SHALL NOT RECEIVE
12 COMPENSATION FOR THEIR SERVICES BUT SHALL BE REIMBURSED FOR
13 NECESSARY TRAVEL AND OTHER REASONABLE EXPENSES INCURRED IN THE
14 PERFORMANCE OF THEIR OFFICIAL DUTIES. MILEAGE RATES SHALL BE
15 COMPUTED IN ACCORDANCE WITH SECTION 24-9-104.
16 (3) THE MEMBERS OF THE COMMISSION AND THEIR SUCCESSORS
17 SHALL CONSTITUTE A BODY CORPORATE TO BE KNOWN AS THE "COLORADO
18 ELECTION COMMISSION", SHALL HAVE THE POWER TO ADOPT AND USE A
19 COMMON SEAL AND TO CHANGE AND ALTER SUCH SEAL AT WILL, AND
20 SHALL HAVE AND EXERCISE ALL POWERS NECESSARILY INCIDENT TO A
21 BODY CORPORATE OR AS PROVIDED BY LAW.
22 24-21-203. Commission - duties - powers. (1) IN ADDITION TO
23 ANY OTHER DUTIES PRESCRIBED BY LAW, THE COMMISSION HAS THE
24 FOLLOWING POWERS AND DUTIES:
25 (a) TO SUPERVISE THE CONDUCT OF PRIMARY, GENERAL,
26 CONGRESSIONAL VACANCY, AND STATEWIDE BALLOT ISSUE ELECTIONS IN
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1 THIS STATE IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE AND
2 ANY OTHER PROVISIONS OF LAW THAT SET FORTH THE COMMISSION'S
3 DUTIES;
4 (b) TO ENFORCE THE PROVISIONS OF THIS PART 2, THE ELECTION
5 CODE, THE "FAIR CAMPAIGN PRACTICES ACT", ARTICLE 45 OF TITLE 1,
6 C.R.S., AND ARTICLES 40 AND 41 OF TITLE 1, C.R.S.;
7 (c) WITH THE ASSISTANCE AND ADVICE OF THE ATTORNEY
8 GENERAL, TO MAKE UNIFORM INTERPRETATIONS OF THE ELECTION CODE;
9 (d) TO COORDINATE THE RESPONSIBILITIES OF THE STATE OF
10 COLORADO UNDER THE FEDERAL "NATIONAL VOTER REGISTRATION ACT
11 OF 1993", 42 U.S.C. SEC. 1973gg;
12 (e) TO RECOMMEND TO THE SECRETARY OF STATE ONE OR MORE
13 CANDIDATES FOR THE OFFICE OF DIRECTOR AND TO SUPERVISE AND GUIDE
14 THE DIRECTOR IN THE PERFORMANCE OF THE DIRECTOR'S DUTIES; AND
15 (f) TO ADVISE AND MAKE RECOMMENDATIONS TO THE GOVERNOR
16 AND THE GENERAL ASSEMBLY RELATIVE TO THE ELECTION POLICY OF THE
17 STATE.
18 (2) IN ADDITION TO ANY OTHER POWERS PRESCRIBED BY LAW, THE
19 COMMISSION SHALL HAVE THE FOLLOWING POWERS:
20 (a) TO PROMULGATE, PUBLISH, AND DISTRIBUTE, EITHER IN
21 CONJUNCTION WITH COPIES OF THE ELECTION LAWS PURSUANT TO SECTION
22 1-1-108, C.R.S., OR SEPARATELY, SUCH RULES AS THE COMMISSION FINDS
23 NECESSARY FOR THE PROPER ADMINISTRATION AND ENFORCEMENT OF THE
24 ELECTION LAWS, INCLUDING BUT NOT LIMITED TO RULES ESTABLISHING
25 THE AMOUNT OF FEES AS PROVIDED IN THE ELECTION CODE AND RULES
26 DESIGNED TO PROVIDE GUIDANCE TO THE DIRECTOR, COUNTY CLERK AND
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1 RECORDERS, AND COUNTY ELECTION COMMISSIONS IN THE PERFORMANCE
2 OF THEIR RESPECTIVE DUTIES. THE COMMISSION SHALL PROMULGATE
3 SUCH RULES IN ACCORDANCE WITH ARTICLE 4 OF THIS TITLE.
4 (b) TO INSPECT, WITH OR WITHOUT THE FILING OF A COMPLAINT BY
5 ANY PERSON, AND REVIEW THE PRACTICES AND PROCEDURES OF COUNTY
6 CLERK AND RECORDERS, COUNTY ELECTION COMMISSIONS, THEIR
7 EMPLOYEES, AND OTHER ELECTION OFFICIALS IN THE CONDUCT OF
8 PRIMARY, GENERAL, CONGRESSIONAL VACANCY, AND STATEWIDE BALLOT
9 ISSUE ELECTIONS AND THE REGISTRATION OF ELECTORS IN THIS STATE;
10 (c) TO EMPLOY, SUBJECT TO SECTION 13 OF ARTICLE XII OF THE
11 STATE CONSTITUTION, THE PERSONNEL DEEMED NECESSARY TO
12 EFFICIENTLY CARRY OUT THE POWERS AND DUTIES OF THE COMMISSION
13 PRESCRIBED IN THIS PART 2, THE ELECTION CODE, THE "FAIR CAMPAIGN
14 PRACTICES ACT", ARTICLE 45 OF TITLE 1, C.R.S., AND ARTICLES 40 AND 41
15 OF TITLE 1, C.R.S.;
16 (d) TO ENFORCE THE PROVISIONS OF THE ELECTION CODE AND ANY
17 OTHER PROVISION OF LAW THAT THE COMMISSION IS REQUIRED TO
18 ENFORCE BY INJUNCTIVE ACTION BROUGHT BY THE ATTORNEY GENERAL IN
19 THE DISTRICT COURT FOR THE JUDICIAL DISTRICT IN WHICH ANY VIOLATION
20 OCCURS;
21 (e) TO INVESTIGATE THE FEASIBILITY OF, AND IF FEASIBLE, TO
22 ESTABLISH AND MAINTAIN A STATEWIDE VOTER REGISTRATION,
23 MAINTENANCE, AND REPORTING SYSTEM;
24 (f) TO REQUIRE THE DIRECTOR TO PROVIDE SUCH REPORTS,
25 STATISTICS, INFORMATION, OR ASSISTANCE AS THE COMMISSION DEEMS
26 NECESSARY AND REQUESTS.
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1 (3) ANY OTHER PROVISION OF LAW TO THE CONTRARY
2 NOTWITHSTANDING, THE OFFICES OF THE COMMISSION SHALL BE OPEN AND
3 AVAILABLE TO THE ELECTION OFFICIALS AND EMPLOYEES OF THE VARIOUS
4 POLITICAL SUBDIVISIONS CONDUCTING ELECTIONS ON EACH ELECTION DAY
5 DURING THE SAME HOURS THAT THE POLLS ARE OPEN FOR VOTING IF THE
6 POLITICAL SUBDIVISION HAS NOTIFIED THE COMMISSION OR THE DIRECTOR
7 THAT AN ELECTION HAS BEEN CALLED AND THAT THE SERVICES OF THE
8 OFFICE ARE DESIRED.
9 (4) THE PROVISIONS OF THIS SECTION ARE ENACTED, PURSUANT TO
10 SECTION 11 OF ARTICLE VII OF THE STATE CONSTITUTION, TO SECURE THE
11 PURITY OF ELECTIONS AND TO GUARD AGAINST THE ABUSES OF THE
12 ELECTIVE FRANCHISE.
13 (5) NOTWITHSTANDING ANY PROVISION OF THIS SECTION OR
14 SECTION 42-1-212, C.R.S., TO THE CONTRARY, AND SUBJECT TO THE
15 PROVISIONS OF SECTION 1-2-301 (2) (a), C.R.S., EVERY COUNTY MAY
16 MAINTAIN AND USE ANY COMPUTER SYSTEM IT CHOOSES FOR MAINTAINING
17 VOTER REGISTRATION INFORMATION.
18 24-21-204. Director of elections - powers and duties.
19 (1) SUBJECT TO THE PROVISIONS OF SECTION 13 OF ARTICLE XII OF THE
20 STATE CONSTITUTION, THE SECRETARY OF STATE SHALL APPOINT A
21 DIRECTOR OF ELECTIONS. THE SECRETARY OF STATE SHALL GIVE
22 PRESUMPTIVE CONSIDERATION TO THE RECOMMENDATIONS OF THE
23 COMMISSION PRIOR TO APPOINTING THE DIRECTOR. THE DIRECTOR SHALL:
24 (a) BE QUALIFIED BY TRAINING AND EXPERIENCE TO DIRECT THE
25 DAY-TO-DAY OPERATIONS AND ADMINISTRATION OF THE COMMISSION; AND
26 (b) NOT BE ENGAGED IN ANY OTHER PROFESSION OR OCCUPATION
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1 THAT COULD PRESENT A CONFLICT OF INTEREST WITH THE DIRECTOR'S
2 DUTIES.
3 (2) IN ADDITION TO ANY OTHER POWERS AND DUTIES IMPOSED
4 UPON THE DIRECTOR BY OR PURSUANT TO THE PROVISIONS OF THIS PART 2
5 OR ANY OTHER PROVISION OF LAW, THE DIRECTOR HAS THE FOLLOWING
6 POWERS AND DUTIES:
7 (a) TO DIRECT AND SUPERVISE, IN ACCORDANCE WITH ANY RULES
8 AND INSTRUCTIONS OF THE COMMISSION, THE DAY-TO-DAY OPERATIONS
9 AND ADMINISTRATION OF THE COMMISSION;
10 (b) WITH THE CONCURRENCE OF THE COMMISSION OR PURSUANT
11 TO REQUIREMENTS AND PROCEDURES SET FORTH BY THE COMMISSION, TO
12 ENTER INTO CONTRACTS ON BEHALF OF THE COMMISSION FOR MATERIALS,
13 EQUIPMENT, AND SUPPLIES TO BE USED IN THE OPERATION OF THE
14 COMMISSION;
15 (c) WITH THE CONCURRENCE OF THE COMMISSION OR PURSUANT
16 TO REQUIREMENTS AND PROCEDURES SET FORTH BY THE COMMISSION, TO
17 ENTER INTO AGREEMENTS WITH ANY DEPARTMENT, AGENCY, OR UNIT OF
18 STATE GOVERNMENT TO SECURE SERVICES THAT THE DIRECTOR DEEMS
19 NECESSARY, TO PROVIDE FOR THE PAYMENT FOR SUCH SERVICES, AND TO
20 CONTRACT WITH AND COMPENSATE SUCH CONSULTANTS AND TECHNICAL
21 ASSISTANTS AS MAY BE REQUIRED AND AS OTHERWISE PERMITTED BY LAW;
22 (d) TO ATTEND MEETINGS OF THE COMMISSION OR APPOINT A
23 DESIGNEE TO ATTEND IN THE DIRECTOR'S PLACE;
24 (e) TO CONFER WITH THE COMMISSION AS NECESSARY OR
25 DESIRABLE, BUT NOT LESS THAN ONCE EACH MONTH, WITH REGARD TO THE
26 OPERATION OF THE DAY-TO-DAY OPERATIONS OF THE COMMISSION;
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1 (f) (I) TO FURNISH TO THE COMMISSION A MONTHLY REPORT THAT
2 CONTAINS A FULL AND COMPLETE STATEMENT OF THE COMMISSION'S
3 REVENUE AND EXPENSES FOR EACH MONTH.
4 (II) ALL REPORTS REQUIRED BY THIS PARAGRAPH (f) SHALL BE
5 PUBLIC, AND COPIES OF ALL SUCH REPORTS SHALL BE SENT TO THE
6 GOVERNOR, THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, THE
7 PRESIDENT OF THE SENATE, THE MINORITY LEADERS OF BOTH HOUSES, AND
8 THE SECRETARY OF STATE.
9 (g) TO ANNUALLY PREPARE AND SUBMIT TO THE COMMISSION, FOR
10 ITS APPROVAL, A PROPOSED BUDGET FOR THE SUCCEEDING FISCAL YEAR
11 THAT SETS FORTH A COMPLETE FINANCIAL PLAN FOR ALL PROPOSED
12 EXPENDITURES AND ANTICIPATED REVENUES OF THE COMMISSION;
13 (h) TO MAKE AVAILABLE FOR INSPECTION BY THE COMMISSION OR
14 ANY MEMBER OF THE COMMISSION, UPON REQUEST, ALL BOOKS, RECORDS,
15 FILES, AND OTHER INFORMATION AND DOCUMENTS IN THE DIRECTOR'S
16 OFFICE;
17 (i) TO ADVISE THE COMMISSION AND RECOMMEND TO THE
18 COMMISSION SUCH RULES AND OTHER PROCEDURES AS THE DIRECTOR
19 DEEMS NECESSARY AND ADVISABLE TO IMPROVE THE OPERATION OF THE
20 COMMISSION AND THE CONDUCT OF ELECTIONS OR TO SECURE THE PURITY
21 OF ELECTIONS AND GUARD AGAINST ABUSES OF THE ELECTIVE FRANCHISE;
22 AND
23 (j) TO PERFORM ANY OTHER LAWFUL ACTS THAT THE COMMISSION
24 MAY CONSIDER NECESSARY OR DESIRABLE IN ORDER TO CARRY OUT THE
25 PURPOSES AND PROVISIONS OF THIS ARTICLE OR SECURE THE PURITY OF
26 ELECTIONS AND GUARD AGAINST ABUSES OF THE ELECTIVE FRANCHISE.
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1 (3) IT IS THE INTENT OF THE GENERAL ASSEMBLY THAT THE
2 DIRECTOR REPORT TO, AND BE SUPERVISED AND DIRECTED BY, THE
3 COMMISSION.
4 24-21-205. Transfer of functions, employees, and property -
5 contracts. (1) (a) ON AND AFTER THE EFFECTIVE DATE OF THIS PART 2:
6 (I) THE COMMISSION SHALL EXECUTE, ADMINISTER, PERFORM, AND
7 ENFORCE THE RIGHTS, POWERS, DUTIES, FUNCTIONS, AND OBLIGATIONS
8 VESTED IN THE DEPARTMENT AS A PRINCIPAL DEPARTMENT PRIOR TO SAID
9 DATE CONCERNING THE DUTIES AND FUNCTIONS RELATING TO ELECTIONS
10 AND TRANSFERRED TO THE COMMISSION PURSUANT TO THIS PART 2.
11 (II) ALL ELECTION-RELATED RULES OF THE DEPARTMENT SHALL
12 BECOME RULES OF THE COMMISSION; EXCEPT THAT ALL REFERENCES TO
13 THE DEPARTMENT OR THE SECRETARY OF STATE IN SUCH RULES SHALL BE
14 CONSTRUED AS REFERENCES TO THE COMMISSION.
15 (III) THE OFFICERS AND EMPLOYEES OF THE DEPARTMENT PRIOR TO
16 SAID DATE WHOSE DUTIES AND FUNCTIONS CONCERNED THE DUTIES AND
17 FUNCTIONS TRANSFERRED TO THE COMMISSION PURSUANT TO THIS PART 2
18 AND WHOSE EMPLOYMENT IN THE OFFICE IS DEEMED NECESSARY BY THE
19 COMMISSION TO CARRY OUT THE PURPOSES OF THIS PART 2 SHALL BE
20 TRANSFERRED TO THE COMMISSION AND BECOME EMPLOYEES THEREOF.
21 (b) ALL FUNCTIONS OF THE PROGRAM ADMINISTRATOR II -
22 ELECTIONS OFFICER POSITION THAT WAS ALLOCATED TO THE SECRETARY
23 OF STATE PRIOR TO THE EFFECTIVE DATE OF THIS PART 2 SHALL BE
24 TRANSFERRED TO THE DIRECTOR. ALL TRANSFERRED EMPLOYEES SHALL
25 RETAIN ALL RIGHTS TO THE PERSONNEL SYSTEM AND RETIREMENT
26 BENEFITS PURSUANT TO THE LAWS OF THIS STATE, AND THEIR SERVICES
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1 SHALL BE DEEMED TO HAVE BEEN CONTINUOUS. ALL TRANSFERS AND ANY
2 ABOLISHMENT OF POSITIONS IN THE STATE PERSONNEL SYSTEM SHALL BE
3 MADE AND PROCESSED IN ACCORDANCE WITH STATE PERSONNEL SYSTEM
4 LAWS AND REGULATIONS.
5 (2) ON THE EFFECTIVE DATE OF THIS PART 2, ALL ITEMS OF
6 PROPERTY, REAL AND PERSONAL, INCLUDING OFFICE FURNITURE AND
7 FIXTURES, BOOKS, DOCUMENTS, AND RECORDS OF THE DEPARTMENT PRIOR
8 TO SAID DATE PERTAINING TO THE DUTIES AND FUNCTIONS TRANSFERRED
9 TO THE COMMISSION PURSUANT TO THIS PART 2 ARE TRANSFERRED TO THE
10 COMMISSION AND BECOME THE PROPERTY THEREOF.
11 (3) WHENEVER THE SECRETARY OF STATE OR THE DEPARTMENT IS
12 REFERRED TO OR DESIGNATED BY A CONTRACT OR OTHER DOCUMENT IN
13 CONNECTION WITH THE DUTIES AND FUNCTIONS TRANSFERRED TO THE
14 COMMISSION PURSUANT TO THIS ARTICLE, SUCH REFERENCE OR
15 DESIGNATION SHALL BE DEEMED TO APPLY TO THE COMMISSION CREATED
16 PURSUANT TO THIS PART 2. ALL CONTRACTS ENTERED INTO BY THE
17 SECRETARY OF STATE OR THE DEPARTMENT PRIOR TO THE EFFECTIVE DATE
18 OF THIS PART 2 IN CONNECTION WITH THE DUTIES AND FUNCTIONS
19 TRANSFERRED TO THE COMMISSION PURSUANT TO THIS PART 2 ARE HEREBY
20 VALIDATED, WITH THE COMMISSION CREATED BY THIS PART 2 SUCCEEDING
21 TO ALL THE RIGHTS AND OBLIGATIONS OF SUCH CONTRACTS. ANY
22 APPROPRIATIONS OF FUNDS FROM PRIOR FISCAL YEARS OPEN TO SATISFY
23 OBLIGATIONS INCURRED PURSUANT TO SUCH CONTRACTS ARE HEREBY
24 TRANSFERRED AND APPROPRIATED TO THE COMMISSION CREATED BY THIS
25 PART 2 FOR THE PAYMENT OF SUCH OBLIGATIONS.
26 SECTION 3. 1-1-104, Colorado Revised Statutes, is amended
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1 BY THE ADDITION OF THE FOLLOWING NEW SUBSECTIONS to
2 read:
3 1-1-104. Definitions. As used in this code, unless the context
4 otherwise requires:
5 (4.5) "COMMISSION" MEANS THE COLORADO ELECTION
6 COMMISSION CREATED IN PART 2 OF ARTICLE 21 OF TITLE 24, C.R.S.
7 (8.5) "DIRECTOR" MEANS THE DIRECTOR OF THE COLORADO
8 ELECTION COMMISSION CREATED IN PART 2 OR ARTICLE 21 OF TITLE 24,
9 C.R.S.
10 SECTION 4. 1-45-103, Colorado Revised Statutes, is amended
11 BY THE ADDITION OF THE FOLLOWING NEW SUBSECTIONS to
12 read:
13 1-45-103. Definitions. As used in this article:
14 (2.5) "COMMISSION" MEANS THE COLORADO ELECTION
15 COMMISSION CREATED IN PART 2 OF ARTICLE 21 OF TITLE 24, C.R.S.
16 (4.5) "DIRECTOR" MEANS THE DIRECTOR OF THE COLORADO
17 ELECTION COMMISSION CREATED IN PART 2 OF ARTICLE 21 OF TITLE 24,
18 C.R.S.
19 SECTION 5. 24-21-104 (1) (a) and (3) (b), Colorado Revised
20 Statutes, are amended to read:
21 24-21-104. Fees of secretary of state. (1) (a) It is the duty of the
22 secretary of state to charge fees, which shall be determined and collected
23 pursuant to subsection (3) of this section, for filing each body corporate
24 and politic document, for filing each facsimile signature, for each notary
25 public's commission, for each foreign commission, for each official
26 certificate, for administering each oath, for all transcripts or copies of
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1 papers and records, computer tapes, microfilm, or microfiche, and for
2 other papers officially executed and other official work that may be done
3 in the secretary of state's office OR IN THE OFFICE OF THE COLORADO
4 ELECTION COMMISSION. The secretary of state shall not deliver any such
5 commission, file for record any certificate, or do any such official work
6 until the fee or sum so fixed to be collected therefor has first been paid.
7 At the time of service of any subpoena upon the secretary of state or any
8 of his or her deputies or employees a fee of fifty dollars and a fee of ten
9 dollars for meals and mileage at the rate prescribed for state officers and
10 employees in section 24-9-104 for each mile actually and necessarily
11 traveled in going to and returning from the place named in the subpoena,
12 shall be paid to the department of state cash fund. If the person named
13 in the subpoena is required to attend the place named in the subpoena for
14 more than one day, there shall be paid, in advance, to the department of
15 state cash fund, the sum of forty-four dollars for each day of attendance
16 to cover the expenses of the person named in the subpoena.
17 (3) (b) The department of state shall adjust its fees so that the
18 revenue generated from the fees approximates its direct and indirect
19 costs; except that the department may reduce its fees to generate revenue
20 in an amount less than costs if necessary pursuant to section 24-75-402
21 (3). Such costs shall not include the costs paid by the amounts
22 appropriated by the general assembly from the general fund to the
23 department of state for ALLOCATION TO THE COLORADO ELECTION
24 COMMISSION FOR elections pursuant to section 24-21-104.5. Such fees
25 shall remain in effect for the fiscal year following the adjustment. All
26 fees collected by said department shall be transmitted to the state
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1 treasurer, except moneys collected pursuant to subparagraph (II) of
2 paragraph (f) of this subsection (3) and article 55 of title 12, C.R.S., who
3 shall credit the same to the department of state cash fund, which fund is
4 hereby created. All moneys credited to the department of state cash fund
5 shall be used as provided in this section and shall not be deposited in or
6 transferred to the general fund of this state or any other fund. The
7 moneys credited to the department of state cash fund shall be available
8 for appropriation by the general assembly to the department of state in the
9 general appropriation bill or pursuant to section 24-9-105 (2).
10 SECTION 6. 24-21-104.5, Colorado Revised Statutes, is
11 amended to read:
12 24-21-104.5. General fund appropriation - elections. The
13 general assembly is authorized to appropriate general funds to the
14 department of state FOR ALLOCATION TO THE COLORADO ELECTION
15 COMMISSION to cover the costs of the duties performed by local county
16 clerk and recorders relating to the conduct of elections. Any such
17 appropriation shall not be used in calculating the fees provided for in
18 section 24-21-104 (3) (b). The intent of the general assembly is to
19 authorize the appropriation of general fund moneys to the department of
20 state FOR ALLOCATION TO THE COLORADO ELECTION COMMISSION to offset
21 some of the costs of local county clerk and recorders associated with the
22 additional election duties and requirements resulting from the passage of
23 section 20 of article X of the state constitution, from the preparation and
24 conduct of the presidential primary election pursuant to section 1-4-1202,
25 C.R.S., and from the increased number of initiatives that are being filed.
26 SECTION 7. 24-21-108, Colorado Revised Statutes, is amended
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1 to read:
2 24-21-108. Hearings. The secretary of state OR THE COLORADO
3 ELECTION COMMISSION, when authorized by law to conduct a hearing,
4 shall conduct such hearing in conformance with the provisions of section
5 24-4-105; except that hearings related to petitions or certificates of
6 designation or nomination filed under section 1-4-901, C.R.S., shall BE
7 CONDUCTED BY THE COLORADO ELECTION COMMISSION AND SHALL not be
8 required to be conducted under the provisions of section 24-4-105.
9 SECTION 8. Repeal. 1-1-107, Colorado Revised Statutes, is
10 repealed as follows:
11 1-1-107. Powers and duties of secretary of state - penalty.
12 (1) In addition to any other duties prescribed by law, the secretary of
13 state has the following duties:
14 (a) To supervise the conduct of primary, general, congressional
15 vacancy, and statewide ballot issue elections in this state;
16 (b) To enforce the provisions of this code;
17 (c) With the assistance and advice of the attorney general, to make
18 uniform interpretations of this code;
19 (d) To coordinate the responsibilities of the state of Colorado
20 under the federal "National Voter Registration Act of 1993", 42 U.S.C.
21 sec. 1973gg.
22 (2) In addition to any other powers prescribed by law, the
23 secretary of state shall have the following powers:
24 (a) To promulgate, publish, and distribute, either in conjunction
25 with copies of the election laws pursuant to section 1-1-108 or separately,
26 such rules as the secretary of state finds necessary for the proper
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1 administration and enforcement of the election laws, including but not
2 limited to rules establishing the amount of fees as provided in this code; (b) To inspect, with or without the filing of a complaint by any
3 person, and review the practices and procedures of county clerk and
4 recorders, election commissions, their employees, and other election
5 officials in the conduct of primary, general, and congressional vacancy
6 elections and the registration of electors in this state;
7 (c) To employ, subject to section 13 of article XII of the state
8 constitution, the personnel deemed necessary to efficiently carry out the
9 powers and duties prescribed in this code;
10 (d) To enforce the provisions of this code by injunctive action
11 brought by the attorney general in the district court for the judicial district
12 in which any violation occurs.
13 (3) Repealed.
14 (4) Any other provision of law to the contrary notwithstanding,
15 the office of the secretary of state, or the section or division administering
16 the election laws of this state pursuant to this section, shall be open and
17 available to the election officials and employees of the various political
18 subdivisions conducting elections on each election day during the same
19 hours that the polls are open for voting if the political subdivision has
20 notified the office of the secretary of state that an election has been called
21 and that the services of the office are desired.
22 (5) The provisions of this section are enacted, pursuant to section
23 11 of article VII of the state constitution, to secure the purity of elections
24 and to guard against the abuses of the elective franchise.
25 (6) Notwithstanding any provision of this section or section
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1 42-1-212, C.R.S., to the contrary, and subject to the provisions of section
2 1-2-301 (2) (a), every county may maintain and use any computer system
3 it chooses for maintaining voter registration information.
4 SECTION 9. Effective date. This act shall take effect at 12:01
5 a.m. on the day following the expiration of the ninety-day period after
6 final adjournment of the general assembly that is allowed for submitting
7 a referendum petition pursuant to article V, section 1 (3) of the state
8 constitution; except that, if a referendum petition is filed against this act
9 or an item, section, or part of this act within such period, then the act,
10 item, section, or part, if approved by the people, shall take effect on the
11 date of the official declaration of the vote thereon by proclamation of the
12 governor.