First Regular Session
Sixty-second General Assembly
LLS NO. 99-0844.01 Jane Ard-Smith HOUSE BILL 99-1356
STATE OF COLORADO
BY REPRESENTATIVE Smith;
also SENATOR Blickensderfer.
REREVISED
LOCAL GOVERNMENT
A BILL FOR AN ACT
101 []CONCERNING ABSENTEE VOTERS, AND, IN CONNECTION THEREWITH,
102 ESTABLISHING PERMANENT ABSENTEE VOTER STATUS[.]
Bill Summary
(Note: This summary applies to this bill as introduced and does
not necessarily reflect any amendments that may be subsequently
adopted.)
[ ] 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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[]Allows eligible electors to apply for permanent absentee voter
status. Specifies the application requirements for such status. Requires
the county clerk and recorder to verify the eligibility of an applicant for
permanent absentee voter status and add the names and precinct numbers
of eligible applicants to the list of absentee ballots. Specifies the reasons
for which an eligible elector's status as a permanent absentee voter shall
be terminated.
Provides that an eligible elector who has applied for an absentee
ballot or who has permanent absentee voter status shall not be permitted
to vote in any manner other than by absentee ballot. Requires that the
voter information card mailed to an active eligible elector who has
permanent absentee voter status contain a statement of such status and
ask whether the elector wants to maintain such status.
1 Be it enacted by the General Assembly of the State of Colorado:
2 SECTION 1. 1-5-206 (1), Colorado Revised Statutes, is amended
3 to read:
4 1-5-206. Postcard notice and notice by publication. (1) No
5 later than twenty-five days before the general election, the county clerk
6 and recorder shall mail by forwardable mail a voter information card
7 concerning the general election to all active eligible electors of the
8 county. The card shall contain the eligible elector's name and address,
9 precinct number, polling location for the general election, and any other
10 applicable information. IF THE ELIGIBLE ELECTOR HAS PERMANENT
11 ABSENTEE VOTER STATUS PURSUANT TO SECTION 1-8-106.5, THE CARD
12 {SHALL BE MAILED ONCE EVERY FOUR YEARS AND} SHALL CONTAIN THE
13 ELIGIBLE ELECTOR'S NAME AND ADDRESS AND A STATEMENT OF
14 PERMANENT ABSENTEE VOTER STATUS AND SHALL ASK WHETHER THE
15 ELIGIBLE ELECTOR WANTS TO MAINTAIN SUCH STATUS. {THE CARD SHALL
16 BE MAILED BY FORWARDABLE MAIL, SHALL HAVE A RETURNABLE PORTION
17 THAT HAS THE RETURN POSTAGE PREPAID AND IS PREADDRESSED TO THE
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1 SENDING COUNTY CLERK AND RECORDER, AND SHALL INCLUDE A PLACE
2 FOR THE ELIGIBLE ELECTOR'S SIGNATURE.}
3 SECTION 2. 1-8-104 (3), Colorado Revised Statutes, is
4 amended, and the said 1-8-104 is further amended BY THE ADDITION
5 OF THE FOLLOWING NEW SUBSECTIONS, to read:
6 1-8-104. Application for absentee ballot - repeal of subsection.
7 (3) The application for an absentee ballot shall be filed with the
8 designated election official of the political subdivision in which the
9 applicant resides or is entitled to vote. EXCEPT AS OTHERWISE PROVIDED
10 IN THIS SUBSECTION (3), the application shall be filed no earlier than
11 January 1 immediately preceding the election and no later than the close
12 of business on the [Friday WEDNESDAY] immediately preceding the
13 election. AN APPLICATION FOR PERMANENT ABSENTEE VOTER STATUS
14 MAY BE FILED ANY TIME PRIOR TO THE CLOSE OF BUSINESS ON THE
15 [WEDNESDAY] IMMEDIATELY PRECEDING AN ELECTION.
16 (6) ANY ELIGIBLE ELECTOR MAY APPLY FOR STATUS AS A
17 PERMANENT ABSENTEE VOTER BY SUBMITTING AN APPLICATION PURSUANT
18 TO THIS SECTION. AN ELIGIBLE ELECTOR WHO APPLIES FOR STATUS AS A
19 PERMANENT ABSENTEE VOTER SHALL NAME THE POLITICAL PARTY [OR
20 POLITICAL ORGANIZATION] WITH WHICH THE APPLICANT IS AFFILIATED OR
21 WISHES TO AFFILIATE.
22 (7) IF AN ELIGIBLE ELECTOR HAS PERMANENT ABSENTEE VOTER
23 STATUS PURSUANT TO SECTION 1-8-106.5, SUCH ELECTOR SHALL NOT BE
24 REQUIRED TO SUBMIT A SEPARATE REQUEST FOR EACH ELECTION BUT
25 SHALL RECEIVE AN ABSENTEE BALLOT FOR EACH ELECTION IN WHICH SUCH
26 ELECTOR IS ELIGIBLE TO [VOTE FOR WHICH ELECTIONS ARE CONDUCTED BY
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1 THE COUNTY CLERK AND RECORDER OF SUCH COUNTY.]
2 (8) AN ELIGIBLE ELECTOR WHO HAS APPLIED FOR AN ABSENTEE
3 BALLOT PURSUANT TO THIS SECTION OR WHO HAS PERMANENT ABSENTEE
4 VOTER STATUS PURSUANT TO SECTION 1-8-106.5 SHALL NOT BE PERMITTED
5 TO VOTE IN ANY MANNER OTHER THAN BY ABSENTEE BALLOT.
6 [{ }]
7 SECTION 3. Part 1 of article 8 of title 1, Colorado Revised
8 Statutes, is amended BY THE ADDITION OF A NEW SECTION to
9 read:
10 1-8-106.5. Permanent absentee voter status - verification -
11 termination of status. (1) UPON RECEIPT OF AN APPLICATION FOR
12 PERMANENT ABSENTEE VOTER STATUS WITHIN THE PROPER TIME, THE
13 COUNTY CLERK AND RECORDER SHALL EXAMINE THE RECORDS OF
14 ELIGIBLE ELECTORS TO ASCERTAIN WHETHER OR NOT THE APPLICANT IS
15 ELIGIBLE TO VOTE AS REQUESTED. IF THE APPLICANT IS ELIGIBLE, THE
16 COUNTY CLERK AND RECORDER SHALL ADD THE APPLICANT'S NAME AND
17 PRECINCT NUMBER TO THE LIST OF ABSENTEE BALLOTS REQUIRED
18 PURSUANT TO SECTION 1-8-108.
19 (2) AN ELIGIBLE ELECTOR'S STATUS AS A PERMANENT ABSENTEE
20 VOTER SHALL BE TERMINATED IF:
21 (a) THE ELIGIBLE ELECTOR REQUESTS IN WRITING THAT SUCH
22 STATUS BE TERMINATED. A WRITTEN REQUEST TO TERMINATE PERMANENT
23 ABSENTEE VOTER STATUS SHALL INCLUDE THE INFORMATION REQUIRED BY
24 SECTION 1-8-104 (1).
25 (b) THE ELIGIBLE ELECTOR DIES OR IS OTHERWISE DISQUALIFIED
26 FROM VOTING;
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1 (c) THE ELIGIBLE ELECTOR'S VOTER REGISTRATION IS CANCELED
2 FOR ANY REASON;[ ]
3 (d) THE ELIGIBLE ELECTOR'S ABSENTEE BALLOT OR VOTER
4 INFORMATION CARD IS RETURNED TO THE COUNTY CLERK AND RECORDER
5 AS [UNDELIVERABLE; OR
6 (e) THE ELIGIBLE ELECTOR FAILS TO VOTE IN ANY ELECTION.]
7 (3) IF AN ELIGIBLE ELECTOR'S STATUS AS A PERMANENT ABSENTEE
8 VOTER { } IS TERMINATED PURSUANT TO SUBSECTION (2) OF THIS
9 SECTION, THE COUNTY CLERK AND RECORDER SHALL NOT DELIVER OR
10 MAIL AN ABSENTEE BALLOT OR OTHER MATERIALS TO SUCH ELECTOR.
11 SECTION 4. Effective date. This act shall take effect at 12:01
12 a.m. on the day following the expiration of the ninety-day period after
13 final adjournment of the general assembly that is allowed for submitting
14 a referendum petition pursuant to article V, section 1 (3) of the state
15 constitution; except that, if a referendum petition is filed against this act
16 or an item, section, or part of this act within such period, then the act,
17 item, section, or part, if approved by the people, shall take effect on the
18 date of the official declaration of the vote thereon by proclamation of the
19 governor.