Bill Summary for Bill Number HB09-1115

Date: 01/22/2009

Final
BILL SUMMARY for HB09-1115

HOUSE COMMITTEE ON STATE, VETERANS, & MILITARY AFFAIRS

Votes: View-->	Action Taken:
Moved prepared amendment L.002 (Attachment D). Th Moved to Postpone Indefinitely House Bill 09-1115. Moved to refer House Bill 09-1115 to the Committee	TIE PASS FAIL

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