Bill Summary for Bill Number HB09-1146

Date: 01/27/2009

Final
BILL SUMMARY for HB09-1146

HOUSE COMMITTEE ON STATE, VETERANS, & MILITARY AFFAIRS

Votes: View-->	Action Taken:
Moved prepared amendment L.001 (Attachment J). Th Moved to Postpone Indefinitely House Bill 09-1146. Moved to refer House Bill 09-1146, as amended, to	Pass Without Objection PASS FAIL

04:31 PM -- House Bill 09-1146

Representative McNulty, prime sponsor, presented House Bill 09-1146, concerning a requirement to provide proof of citizenship to register to vote. Representative McNulty discussed instances of voter registration fraud prior to the most recent general election, and the need to pass the bill to ensure that only eligible voters participate in the process. Representative McNulty discussed legislation passed in Arizona similar to House Bill 09-1146, and the impact of that legislation on the voting process. Discussion ensued regarding the importance of requiring documentation in the voting process. Representative McNulty responded to questions regarding current identification requirements when registering to vote.

04:38 PM

The following persons testified regarding House Bill 09-1146:

04:38 PM -- Clerk Bob Balink, representing El Paso County as the clerk and recorder, testified in favor of the bill. Committee members received an editorial from the Denver Post in favor of requiring proof of citizenship to register to vote (Attachment F), an Aurora Sentinel article regarding noncitizens who have illegally voted (Attachment G), and an article authored by Clerk Balink in favor of requiring proof of citizenship to register to vote (Attachment H). Clerk Balink explained the statutory requirements pertaining to voter registration, and discussed instances in which fraud may have occurred during the voter registration process in El Paso County. Clerk Balink responded to questions regarding how these instances of potential fraud were discovered, and the potential for prosecuting the individuals involved. Clerk Balink discussed certain issues pertaining to the law now in place in Arizona that is similar to House Bill 09-1146.

04:48 PM

Clerk Balink discussed a poll conducted in El Paso County regarding ballot access and eligibility. Clerk Balink responded to questions regarding the number of registered voters in El Paso County, and work done in the county to identify populations that may have difficulty complying with the identification requirements contained in House Bill 09-1146. Clerk Balink returned the discussion to the poll cited previously, and responded to additional questions regarding identification of those individuals who may have committed voter registration fraud in El Paso County.

04:52 PM -- Ms. Grace Lopez-Ramirez, representing Mi Familia Vota, testified in opposition to the bill. Ms. Lopez-Ramirez discussed the work performed by her organization, and the limitations on the ability to register to vote that would be placed on certain populations if the bill were to pass. Ms. Lopez-Ramirez then explained how the bill addresses a problem that does not exist, and the importance of training workers engaged in voter registration drives to impart the right information to those registering.

04:55 PM -- Ms. Rachel Chaparro, representing the Latina Initiative, testified in opposition to House Bill 09-1146. Ms. Chaparro discussed the burdens that would be placed on those seeking to register to vote, as well as the financial burden on government and those organizations engaged in voter registration drives. Ms. Chaparro then referenced the proof of citizenship self-verification on the state's voter registration form.

04:59 PM -- Ms. Faith Gross, representing the Legal Center for People with Disabilities and Older People, testified in opposition to the bill. Ms. Gross discussed the barriers to registering to vote that would be placed on certain populations under the bill. Ms. Gross responded to questions regarding attempts by her organization to verify citizenship when registering individuals to vote, and screening for mental incapacity when engaging in such registration work. Ms. Gross responded to further questions regarding current identification requirements under state and federal law when an individual registers to vote.

05:06 PM -- Ms. Elena Nunez, representing Common Cause, testified in opposition to House Bill 09-1146. Ms. Nunez discussed how the bill would place barriers on the ability of certain populations to vote, and the lack of a trend in voter registration attempts by noncitizens.

05:09 PM -- Ms. Carol Tone, representing the League of Women Voters, testified in opposition to the bill. Ms. Tone discussed the self-affirmation of citizenship requirements of voter registration, the penalties already in place for registering to vote by noncitizens, and the overall lack of vote fraud by noncitizens. Ms. Tone also discussed the need for universal voter registration, and the burdens that would be placed on individuals by the bill. Ms. Tone responded to questions regarding universal voter registration.

05:12 PM -- Ms. Linda Olson, representing Colorado Legal Services, testified in opposition to House Bill 09-1146. Ms. Olson discussed efforts by her organization to secure certain documentation for legal citizens who have lost or were never issued such documentation. Committee members were handed copies of written testimony prepared by Cathryn Hazouri, American Civil Liberties Union of Colorado (Attachment I). Ms. Hazouri did not testify in person.

05:15 PM

Representative McNulty discussed the effect of prepared amendment L.001 (Attachment J). Representative McNulty responded to questions regarding the inability of persons to reach the Secretary of State's office to provide proof of citizenship. Mr. Richard Coolidge, representing the Secretary of State, clarified the secretary's position on the amendment. Representative McNulty responded to questions regarding the potential elimination of the intent of the bill by rules that would be promulgated under amendment L.001.


BILL:	HB09-1146
TIME:	05:15:39 PM
MOVED:	Nikkel
MOTION:	Moved prepared amendment L.001 (Attachment J). The motion passed without objection.
SECONDED:	Lambert
		VOTE
	Casso
	Court
	Hullinghorst
	Lambert
	Massey
	McCann
	Miklosi
	Murray
	Nikkel
	Labuda
	Todd

Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

05:22 PM

Representative McNulty provided closing remarks in favor of House Bill 09-1146, addressing objections to the bill raised during public testimony. Representative McNulty then discussed the need to combat voter registration fraud. Representative Labuda read a statement authored by Clerk Stephanie O'Malley, Denver Clerk and Recorder, in opposition to the bill.


BILL:	HB09-1146
TIME:	05:27:38 PM
MOVED:	Lambert
MOTION:	Moved to refer House Bill 09-1146, as amended, to the Committee on Appropriations. The motion failed on a 4-7 roll call vote.
SECONDED:	Nikkel
		VOTE
	Casso	No
	Court	No
	Hullinghorst	No
	Lambert	Yes
	Massey	Yes
	McCann	No
	Miklosi	No
	Murray	Yes
	Nikkel	Yes
	Labuda	No
	Todd	No

Not Final YES: 4 NO: 7 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:	HB09-1146
TIME:	05:28:47 PM
MOVED:	Labuda
MOTION:	Moved to Postpone Indefinitely House Bill 09-1146. The motion passed on a 7-4 roll call vote.
SECONDED:	Hullinghorst
		VOTE
	Casso	Yes
	Court	Yes
	Hullinghorst	Yes
	Lambert	No
	Massey	No
	McCann	Yes
	Miklosi	Yes
	Murray	No
	Nikkel	No
	Labuda	Yes
	Todd	Yes

Final YES: 7 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS

05:29 PM

The committee adjourned.