Date: 04/21/2009

Final
BILL SUMMARY for HB09-1336

HOUSE COMMITTEE ON STATE, VETERANS, & MILITARY AFFAIRS

Votes: View--> Action Taken:
Moved an amendment based on prepared amendment L.0
Moved prepared amendment L.001 (Attachment D). Th
Moved prepared amendment L.005 (Attachment C). Th
Moved to amend the printed bill, page 5, strike li
Moved to refer House Bill 09-1336, as amended, to
TIE
Pass Without Objection
FAIL
FAIL
PASS



03:28 PM -- House Bill 09-1336

Representative Todd, prime sponsor, presented House Bill 09-1336, concerning the implementation of specific recommendations of the state Election Reform Commission. Representative Todd explained the effect of the bill. Discussion ensued regarding the bill's inclusion of mental health facility in the definition of "group mental health facility," and the potential for costs being imposed on local governments as a result of the legislation.


03:33 PM

The following persons testified regarding House Bill 09-1336:


03:33 PM --
Ms. Jenny Flanagan, representing Common Cause, testified regarding the bill. Ms. Flanagan discussed the work of the Election Reform Commission, and expressed support for several of the commission's recommendations that appear in the bill, or may be put in the bill through amendment.


03:37 PM --
Mr. Harvie Branscomb, representing Coloradans for Voting Integrity and the Colorado Voter Group, testified regarding the bill. Mr. Branscomb discussed the process by which elections-related legislation was brought forward, and took issue with provisions in the bill affecting the constitution and duties of canvass boards. Mr. Branscomb also discussed the bill's treatment of deadlines for counting mail ballots by the bill, and overseas military voters. Mr. Branscomb responded to questions regarding the constitution of canvass boards, and current law pertaining to certification of votes by canvass boards. Discussion ensued regarding the potential for amending provisions in the bill pertaining to appointments to canvass boards.


03:45 PM --
Ms. Kristen Thomson, representing the Vote by Mail Project, testified regarding the bill. Ms. Thomson objected to a provision in the bill extending the time for county clerks to count mail ballots from 10 to 15 days prior to an election. Discussion ensued regarding the effect of prepared amendment L.005 (Attachment C).

090421AttachC.pdf


03:50 PM --
Clerks Hillary Hall and Pam Anderson, representing the Colorado County Clerks Association, testified regarding House Bill 09-1336. Clerk Hall expressed support for defining "group residential facility" in state law, and discussed treatment of the canvass board process by the bill. Clerk Hall then discussed the association's position on the bill's provision pertaining to the timing for counting mail ballots by county clerks. Clerk Anderson expressed support for an amendment to the bill pertaining to signature identification verification, and discussed the bill's treatment of canvass boards. Discussion ensued regarding a provision in the bill requiring canvassing boards to reconcile the number of ballots cast in an election with the number of registered voters in a precinct. Discussion followed regarding whether a prepared amendment fits under the bill's title. Discussion returned to the certification of vote abstracts by canvass boards.


04:03 PM

Discussion ensued regarding the constitution of canvass boards under House Bill 09-1336, and returning the time period for beginning the count of mail ballots by county clerks to 10 days before an election, as in current law. Prepared amendment L.005 would make this change. Discussion followed regarding language in L.005 that allows county clerks to open mail ballots for a period of time before counting them. Clerk Anderson responded to questions regarding what constitutes "preparing mail ballots" that are received prior to an election, which is allowed by election officials under current law.


04:14 PM

Discussion continued regarding the processing of mail ballots prior to ballot counting, and how counties with differing populations handle mail ballots. Clerk Anderson responded to questions regarding the process by which the signatures of mail voters are verified, and other issues concerning mail ballot processing. Clerk Hall responded to questions regarding the need to expand the time period for mail ballot processing.


04:20 PM

Representative Hullinghorst explained the effect of prepared amendment L.005, and discussed the need for the amendment. Discussion ensued regarding changing the time period for processing mail ballots by election officials from 10 to 15 days prior to the election.
BILL:HB09-1336
TIME: 04:20:31 PM
MOVED:Hullinghorst
MOTION:Moved prepared amendment L.005 (Attachment C). The motion failed on a 1-8-2 roll call vote.
SECONDED:Todd
VOTE
Casso
No
Court
No
Hullinghorst
Yes
Lambert
No
Massey
Excused
McCann
No
Miklosi
Excused
Murray
No
Nikkel
No
Labuda
No
Todd
No
Not Final YES: 1 NO: 8 EXC: 2 ABS: 0 FINAL ACTION: FAIL


04:23 PM

Representative Todd discussed the potential for amending the bill in concept based on prepared amendment L.005. Mr. Troy Bratton, representing the Office of Legislative Legal Services, responded to questions regarding this amendment concept.

BILL:HB09-1336
TIME: 04:26:57 PM
MOVED:Todd
MOTION:Moved an amendment based on prepared amendment L.005, striking language in the amendment allowing election officials to open mail ballot envelopes prior to an election while still allowing the officials to verify the signatures on the ballot. The motion was withdrawn.
SECONDED:
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

04:32 PM

Representative Todd explained the effect of prepared amendment L.001 (Attachment D). Representative Murray provided further input on the amendment, and responded to questions regarding voter identification by overseas military voters.

090421AttachD.pdf

BILL:HB09-1336
TIME: 04:32:00 PM
MOVED:Todd
MOTION:Moved prepared amendment L.001 (Attachment D). The motion passed without objection.
SECONDED:Court
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


04:35 PM

Discussion ensued regarding a potential amendment to House Bill 09-1336 requiring reconciliation of the number of votes cast with the number of registered voters at the county level, and changing the constitution of canvass boards. Discussion followed regarding the need to establish procedures for the certification of the abstract of votes by a canvass board.


BILL:HB09-1336
TIME: 04:38:31 PM
MOVED:Hullinghorst
MOTION:Moved to amend the printed bill, page 5, strike lines 19 through 26. The motion failed on a 2-8-1 roll call vote.
SECONDED:McCann
VOTE
Casso
No
Court
No
Hullinghorst
Yes
Lambert
No
Massey
No
McCann
Yes
Miklosi
Excused
Murray
No
Nikkel
No
Labuda
No
Todd
No
Not Final YES: 2 NO: 8 EXC: 1 ABS: 0 FINAL ACTION: FAIL


04:41 PM

Representative Hullinghorst explained her reasons for objecting to House Bill 09-1336.

BILL:HB09-1336
TIME: 04:41:37 PM
MOVED:Todd
MOTION:Moved to refer House Bill 09-1336, as amended, to the Committee of the Whole with favorable recommendation. The motion passed on a 9-1-1 roll call vote.
SECONDED:Casso
VOTE
Casso
Yes
Court
Yes
Hullinghorst
No
Lambert
Yes
Massey
Yes
McCann
Yes
Miklosi
Excused
Murray
Yes
Nikkel
Yes
Labuda
Yes
Todd
Yes
Final YES: 9 NO: 1 EXC: 1 ABS: 0 FINAL ACTION: PASS