First Regular Session Sixty-ninth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 13-0013.01 Kate Meyer x4348 SENATE BILL 13-065 SENATE SPONSORSHIP Balmer, HOUSE SPONSORSHIP Singer, Senate Committees House Committees State, Veterans, & Military Affairs A BILL FOR AN ACT Concerning the optional use of approval voting methods by local governments in nonpartisan elections. Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://www.leg.state.co.us/billsummaries.) "Approval voting" is a type of voting that allows an elector to cast a vote for as many of the candidates per office as the elector chooses. The winner of each office is the candidate who receives the most votes or, for elections in which multiple candidates fill open seats, the winners are those candidates, in a number equal to the number of seats being filled, attaining the greatest number of votes. The bill authorizes cities, towns, counties, cities and counties, school districts, and special districts (collectively, "local governments") to conduct nonpartisan elections using approval voting methods on and after November 1, 2013. The secretary of state is directed to adopt rules and provide advice to local governments regarding approval voting. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, 1-1-104, amend (23.4) as follows: 1-1-104. Definitions. As used in this code, unless the context otherwise requires: (23.4) "Overvote" means the selection by an elector of more names than there are persons to be elected to an office or the designation of more than one answer to a ballot question or ballot issue. "Overvote" does not include approval voting, as defined in section 1-7-1103 (1). SECTION 2. In Colorado Revised Statutes, add part 11 to article 7 of title 1 as follows: PART 11 APPROVAL VOTING 1-7-1101. Short title. This part 11 shall be known and may be cited as the "Approval Voting Act". 1-7-1102. Definitions. As used in this part 11, unless the context otherwise requires: (1) "Approval voting" means any system of voting in which: (a) An elector may cast a vote for as many of the candidates per office as the elector chooses; and (b) The winner of each office is the candidate who receives the most votes. (2) "Local government" means a statutory city or town, county, or city and county, a school district, or a special district created pursuant to article 1 of title 32, C.R.S. 1-7-1103. Approval voting methods authorized - when. (1) A local government may conduct an election using an approval voting method if: (a) The election in which approval voting is employed is a nonpartisan election; (b) Use of the approval voting method in the local government is not prohibited by the charter of the local government; (c) The election is conducted in accordance with this part 11 and rules promulgated by the secretary of state pursuant to this part 11; and (d) The election is conducted with a system of casting, recording, and tabulating votes that is capable of conducting the election using approval voting and that has been approved by the governing body and the designated election official of the local government. (2) Approval voting may be utilized in elections conducted on and after November 1, 2013. 1-7-1104. Conduct of elections using approval voting methods - ballots - information provided to electors. (1) (a) An approval voting ballot must allow an elector to vote for as many candidates for each office as the elector chooses. (b) (I) Notwithstanding section 1-7-114 (3), the maximum number of write-in candidates is the lesser of either: (A) The quantity of open seats; or (B) Write-in candidates approved in accordance with part 11 of article 4 of this title. (II) A vote for any write-in candidate is only counted if that candidate is qualified to hold the office for which the elector's vote is cast. (2) (a) In an election conducted using an approval voting method in which one candidate is to be elected to an office, the designated election official shall declare the candidate who receives the greatest number of votes the winner. (b) In an election conducted using an approval voting method in which more than one candidate is to be elected to an office in a multiple-seat district or on a governing body that includes multiple at-large seats, the offices are won by those candidates, in a number equal to the number of seats being filled, who receive the greatest number of votes. 1-7-1105. Secretary of state - rules - guidance to local governments. (1) Prior to October 1, 2013, the secretary of state shall adopt rules in accordance with article 4 of title 24, C.R.S., on the conduct of elections using approval voting methods. The rules shall prescribe the methods and procedures for tabulating, auditing, and reporting results in an election using an approval voting method. (2) Upon request, the secretary of state shall provide guidance and advice to the governing bodies and designated election officials of local governments of the state on the conduct of elections using approval voting methods. SECTION 3. Applicability. This act applies to elections conducted on or after November 1, 2013. SECTION 4. Act subject to petition - effective date. This act takes effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly (August 7, 2013, if adjournment sine die is on May 8, 2013); except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part will not take effect unless approved by the people at the general election to be held in November 2014 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.