House Committee on State, Veterans, & Military Affairs (01/22/2009)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON STATE, VETERANS, & MILITARY AFFAIRS

Date:	01/22/2009	ATTENDANCE

Time:	09:52 AM to 01:17 PM	Casso	X
		Court	X
Place:	HCR 0112	Hullinghorst	X
		Lambert	X
This Meeting was called to order by		Massey	X
	Representative Todd	McCann	X
		Miklosi	X
This Report was prepared by		Murray	X
	Bo Pogue	Nikkel	X
		Labuda	X
		Todd	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
HB09-1018 HB09-1115 HB09-1015		Amended, Referred to the Committee of the Whole Postponed Indefinitely Witness Testimony and/or Committee Discussion Only

09:52 AM -- House Bill 09-1018

The committee was called to order. A quorum was present. Representative Bradford, prime sponsor, presented House Bill 09-1018, concerning the removal of obsolete language in statutory provisions implementing the statewide voter registration and election system for purposes of compliance with the federal "Help America Vote Act." Representative Bradford explained the purpose of the bill and why the changes in law are needed. Discussion ensued regarding a forthcoming amendment. Representative Bradford explained the Statewide Colorado Registration and Election System (SCORE) and its relationship to the Help America Vote Act (HAVA). Representative Bradford responded to questions regarding her reasons for running the bill, and the opinions of the Secretary of State and county clerks on the bill.

10:02 AM

Discussion ensued regarding a forthcoming amendment, L.001 (Attachment A). The committee then moved amendment L.001. Representative Bradford responded to questions regarding how it was decided that the statutes implementing SCORE should be amended to remove obsolete language.

10:05 AM

The following persons testified regarding House Bill 09-1018:

10:05 AM -- Mr. Kirpal Singh, representing America Votes, testified in opposition to the bill. Mr. Singh explained the work of his organization, and registered objections to a provision in the bill that changes certain deadlines for counties to forward voter registration information to the Secretary of State. Discussion ensued regarding the restoration of the deadlines by amendment L.001. Mr. Singh briefly explained the provisions in HAVA that pertain to SCORE. Discussion returned to the deadlines for counties to transmit certain information to the Secretary of State.

10:11 AM -- Mr. Richard Coolidge, representing the Secretary of State, testified in favor of House Bill 09-1018. Mr. Coolidge provided background on how voter registration information was confirmed prior to the implementation of SCORE, and clarified the functions performed by SCORE. Mr. Coolidge then discussed the reasons for the changes being made by House Bill 09-1018 and amendment L.001. Mr. Coolidge responded to questions regarding the deadline for counties to transmit voter registration information to the Secretary of State under the bill. Mr. Coolidge responded to further questions regarding the placement of certain department rules into state law by the bill. Discussion ensued regarding the tolling of certain pre- and post-election voter registration information deadlines to which the Department of State and county clerks must adhere.

10:21 AM

Discussion continued regarding the pre- and post-election voter registration information deadlines. Discussion followed regarding the process by which an elector is registered in a different county when moving between counties under House Bill 09-1018.

10:25 AM -- Clerks Jack Arrowsmith and Karen Long, representing the Colorado County Clerks Association, testified in favor of the bill. Clerk Arrowsmith discussed the benefits of removing certain reporting requirements from statute that are maintained under SCORE, and the flow of election-related information during the recent general election. Clerks Arrowsmith and Long clarified the need for the bill's treatment of certain pre- and post-election voter registration and information deadlines, as discussed during earlier testimony. Clerk Long responded to questions regarding emergency voter registration. Clerks Long and Arrowsmith responded to questions regarding the number of voters who registered under emergency voter registration provisions during the most recent general election. Representative Bradford addressed questions regarding voter registration information transmission deadlines previously raised. Discussion ensued regarding the process by which voter information is matched when a voter moves to and registers to vote in a different county under House Bill 09-1018.

10:36 AM

Discussion continued regarding voter registration by the counties, and the processing of voter registration information.

10:37 AM


BILL:	HB09-1018
TIME:	10:37:33 AM
MOVED:	Massey
MOTION:	Moved prepared amendment L.001 (Attachment A). The motion passed without objection.
SECONDED:	Labuda
		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


BILL:	HB09-1018
TIME:	10:38:02 AM
MOVED:	Murray
MOTION:	Moved to refer House Bill 09-1018, as amended, to the Committee of the Whole with favorable recommendation. The motion passed on an 11-0 roll call vote.
SECONDED:	Casso
		VOTE
	Casso	Yes
	Court	Yes
	Hullinghorst	Yes
	Lambert	Yes
	Massey	Yes
	McCann	Yes
	Miklosi	Yes
	Murray	Yes
	Nikkel	Yes
	Labuda	Yes
	Todd	Yes

Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

10:39 AM -- House Bill 09-1115

Representative Summers, prime sponsor, presented House Bill 09-1115, concerning the definition of identification for election-related purposes. Representative Summers provided background regarding the need for the bill, and what led him to introduce the bill. Committee members received a handout providing background on the bill, prepared by Representative Summers (Attachment B). Representative Summers responded to questions regarding the forms of identification that are allowed for election-related purposes under current law.

10:47 AM

The following persons testified regarding House Bill 09-1115:

10:47 AM -- Ms. Elena Nunez, representing Common Cause, testified in opposition to the bill. Ms. Nunez provided background on the work performed by Common Cause, and expressed objections to the bill's provisions that require photo identification for election-related purposes. Ms. Nunez discussed the impact of the photo identification requirement on the ability of certain populations to vote. Ms. Nunez responded to questions regarding a U.S. Supreme Court decision on photo identification requirements for election-related purposes, and the costs associated with obtaining government identification containing a photograph.

10:52 AM -- Ms. Carol Tone, representing the League of Women Voters, testified in opposition to House Bill 09-1115. Ms. Tone discussed the mission of her organization, and the absence of voter fraud in the United States. Ms. Tone then detailed the isolated incidences of voter fraud. Discussion ensued regarding the potential for making photo identification available at no cost to certain populations to avoid disenfranchisement.

10:57 AM -- Ms. Cathryn Hazouri, representing the American Civil Liberties Union of Colorado, testified in opposition to the bill. Ms. Hazouri discussed the importance of the right to vote, and the need to restrict the right as little as possible. Ms. Hazouri then discussed the difficulty some people encounter when trying to obtain photo identification, and provided a personal account of her difficulties in obtaining replacement identification. Ms. Hazouri provided clarification regarding the U.S. Supreme Court decision referenced during earlier testimony, and discussed the lack of voter fraud in Colorado. Representative Summers discussed the types of identification allowed by the Department of Revenue when obtaining replacement government identification. Representative Lambert provided examples of persons being able to obtain replacement identification, and returned the discussion to the U.S. Supreme Court decision previously referenced.

11:08 AM -- Ms. Linda Olson, representing Colorado Legal Services, testified in opposition to House Bill 09-1115. Ms. Olson discussed her experiences in helping others obtain replacement photo identification, and the burdens of obtaining such identification. Ms. Olson responded to a question regarding her clients.

11:11 AM -- Mr. Julien Ross, representing the Colorado Immigrant Rights Coalition, testified in opposition to the bill. Mr. Ross discussed the work of his organization, and expressed opposition to efforts to place burdens on the ability to vote. Mr. Ross discussed the effect of House Bill 09-1115 on the voting franchise of certain populations, and the lack of need for the bill. Mr. Ross responded to questions regarding the populations served by his organization. Discussion ensued regarding the desire of immigrants to obtain photo identification.

11:16 AM -- Ms. Sheryle Hutter, representing the Colorado Cross-Disability Coalition, testified in opposition to House Bill 09-1115. Ms. Hutter discussed the potential impact of the bill on vulnerable populations.

11:18 AM -- Mr. Brad Wood, representing Lutheran Advocacy Ministry, Hunger for Justice Interfaith Voices Against Poverty, and the Episcopal Public Policy Network, testified in opposition to the bill, noting the potential impact of the bill on the ability of certain populations to vote. Mr. Wood made a distinction between Colorado and Indiana, which was the subject of the U.S. Supreme Court decision referenced during earlier testimony. Discussion ensued regarding the number of people in Colorado that do not possess, or have access to, government-issued photo identification. Mr. Wood responded to questions regarding his probable position on the bill if photo identification were freely available in Colorado, and the cost of obtaining identification. Discussion followed regarding the forms of identification required to obtain Colorado photo identification, and certain circumstances that allow for obtaining identification free of charge.

11:26 AM -- Ms. Faith Gross, representing the Legal Center for People with Disabilities and Older People, testified in opposition to House Bill 09-1115. Committee members received written copies of Ms. Gross' testimony (Attachment C). Ms. Gross discussed the impact of limiting the acceptable forms of identification on the ability of certain populations to vote, and related her organization's experiences with persons not possessing photo identification in attempting to register these persons to vote.

11:30 AM -- Clerk Bob Balink, representing El Paso County, testified in favor of the bill. Clerk Balink discussed the importance of the vote, and the importance of ensuring the identities of those who vote. Clerk Balink then addressed issues raised during earlier testimony, including the referenced U.S. Supreme Court decision. Clerk Balink responded to questions regarding efforts in El Paso County to assist the elderly with voting, and efforts to train poll workers and election judges.

11:40 AM

Discussion continued regarding poll worker training. Discussion followed regarding the potential for amending state law to allow those forms of identification required to obtain photo identification as allowable forms of identification for election-related purposes. Clerk Balink discussed certain instances of voter fraud in Colorado, and the need to police such fraud.

11:44 AM -- Clerks Jack Arrowsmith and Karen Long, representing the Colorado County Clerks Association, testified regarding House Bill 09-1115. Clerk Arrowsmith discussed the views of county clerks on the bill, establishing improved voter confidence by requiring photo identification for elections, and the need for further direction on the part of poll workers who are relied upon to identify voters. Discussion ensued regarding the position of the Colorado County Clerks Association on the bill.

11:48 AM

Representative Summers explained the effect of prepared amendment L.002 (Attachment D). Discussion ensued regarding the ability to obtain a replacement federal Social Security card, and certain restrictions on using a Social Security card as a form of identification. Mr. Bob Lackner, Office of Legislative Legal Services, commented on such restrictions. Representative Summers discussed potential problems with the amendment. Discussion followed regarding the potential for amending the bill to address certain concerns at a later date.


BILL:	HB09-1115
TIME:	11:49:14 AM
MOVED:	Todd
MOTION:	Moved prepared amendment L.002 (Attachment D). The motion was withdrawn.
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: TIE

11:58 AM

Representative Summers provided closing remarks in favor of House Bill 09-1115, and addressed certain issues raised during public testimony. Discussion ensued regarding the opinion of county clerks on the bill, and the need to ensure voting remains accessible for certain populations.


BILL:	HB09-1115
TIME:	12:04:32 PM
MOVED:	Massey
MOTION:	Moved to refer House Bill 09-1115 to the Committee on Appropriations. The motion failed on a 4-7 roll call vote.
SECONDED:	Lambert
		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:	HB09-1115
TIME:	12:05:10 PM
MOVED:	Labuda
MOTION:	Moved to Postpone Indefinitely House Bill 09-1115. The motion passed on a 7-4 roll call vote.
SECONDED:	Todd
		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

12:07 PM

The committee recessed.

12:19 PM -- House Bill 09-1015

The committee returned to order. Representative Murray, prime sponsor, presented House Bill 09-1015, concerning certain actions taken by the designated election official in conducting primary elections. Representative Murray discussed the functions and benefits of the bill, and referenced a forthcoming amendment to the bill. Representative Murray also discussed the fiscal impact of the bill, and described the fundamental differences between primary and general elections. Representative Murray then discussed the potential for amending the bill to address certain issues, including efforts to involve unaffiliated voters in primaries and engage inactive voters.

12:29 PM

Representative Murray responded to questions regarding the distinction between major and minor parties in the bill.

12:30 PM

The following persons testified regarding House Bill 09-1015:

12:30 PM -- Mr. Daniel Willis, representing himself, testified regarding the bill. Mr. Willis discussed the exclusion of unaffiliated voters from primary elections when the election is mail ballot only, and certain logistical issues involving primaries. Mr. Willis then proposed alternatives for involving unaffiliated voters in primary elections. Mr. Willis responded to questions regarding potential solutions for engaging unaffiliated voters in primaries when the primary is all mail ballot. Discussion ensued regarding certain polling requirements under the federal Help America Vote Act.

12:37 PM -- Ms. Sheryle Hutter, representing the Colorado Cross-Disability Coalition and the Equal Justice Foundation, testified in opposition to House Bill 09-1015. Ms. Hutter discussed the inability of certain populations to use mail ballots, and federal requirements for mail ballot elections.

12:39 PM -- Ms. Margit Johansson, representing Coloradans for Voting Integrity, testified in opposition to the bill. Ms. Johansson discussed ballot security, the complexity of conducting an election at the county level, and the potential for voter fraud in mail ballot elections and elections allowing early voting. Ms. Johannson then discussed problems in maintaining the secret ballot in all mail ballot elections.

12:46 PM -- Mr. Phil Hayes, representing the Colorado American Federation of Labor-Congress of Industrial Organizations, testified in opposition to House Bill 09-1015. Mr. Hayes discussed the processes and outcome of the recent general election, the need for caution in changing the primary election system, and the potential for creating uniform voting requirements throughout the state. Mr. Hayes also discussed the merits of waiting for the Election Reform Commission to weigh in on certain issues before elections-related legislation is passed, and the potential for new voters to be discouraged from voting in the future if election laws are changed. Mr. Hayes responded to questions regarding dialogue with the Election Reform Commission on certain issues.

12:51 PM -- Ms. Elena Nunez, representing Common Cause, testified in opposition to the bill. Ms. Nunez discussed problems with mail ballot elections, and the need to provide alternatives to voting by mail. Ms. Nunez then weighed in on certain issues previously addressed. Ms. Nunez responded to questions regarding the applicability of certain problems with mail balloting experienced during general elections to primary elections.

12:55 PM -- Ms. Lynne Mason, representing the Colorado Education Association, testified in opposition to House Bill 09-1015. Ms. Mason discussed the treatment of inactive and unaffiliated voters under the bill, and the need for voters to have choices in voting methods. Ms. Mason also discussed the potential for creating statewide elections standards.

12:57 PM -- Clerks Jack Arrowsmith and Karen Long, representing the Colorado County Clerks Association, testified in favor of the bill. Clerk Arrowsmith discussed the effect of instituting permanent mail balloting on voter participation and satisfaction, and the potential for cost savings in instituting all mail balloting for primary elections. Clerk Arrowsmith then discussed security efforts with mail ballots. Clerk Long commented on the ability of poll watchers to oversee the counting of mail-in ballots. Discussion ensued regarding options for involving unaffiliated voters in primary elections, and past efforts to institute all mail ballot elections. Discussion followed regarding the ability of unaffiliated voters to affiliate on election day under the bill. Clerk Long responded to questions regarding cost comparisons between mail ballot elections and elections conducted at polling places.

01:07 PM -- Ms. Pam Anderson, representing Jefferson County, testified in support of House Bill 09-1015. Clerk Anderson discussed recent primary elections in which certain races were uncontested, and the widespread use of mail balloting in Jefferson County, resulting in under-use of polling places during primaries. Clerk Anderson then discussed the fiscal impact of maintaining polling places during primaries, and problems in maintaining staffing at polling places. Clerk Anderson also discussed the views of voters on the availability of different voting options during elections. Discussion ensued regarding the successes experienced during the 2008 general election.

01:14 PM -- Mr. Richard Coolidge, representing the Secretary of State, testified in favor of the bill, and conveyed Secretary Buescher's support for the bill. Mr. Coolidge responded to questions regarding the potential for amending House Bill 09-1015 to engage unaffiliated voters during primary elections under the bill.

01:16 PM

The bill was laid over until Tuesday, January 27th.

01:17 PM

The committee adjourned.