Colorado 2022 Regular Session

Colorado House Bill HB1204 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	Second Regular Session
2	2	Seventy-third General Assembly
3	3	STATE OF COLORADO
4	4	INTRODUCED
5	5
6	6
7	7	LLS NO. 22-0557.01 Megan Waples x4348
8	8	HOUSE BILL 22-1204
9	9	House Committees Senate Committees
10	10	State, Civic, Military, & Veterans Affairs
11	11	A BILL FOR AN ACT
12	12	C
13	13	ONCERNING ELECTION SYSTEMS , AND, IN CONNECTION THEREWITH ,101
14	14	REQUIRING VOTES TO BE CAST IN PERSON ON ELECTION DAY ,102
15	15	LIMITING THE USE OF ELECTRONIC VOTING SYSTEMS ,103
16	16	ESTABLISHING REQUIREMENTS FOR PRECINCT POLLING PLACES ,104
17	17	REQUIRING THE SECRETARY OF STATE TO WITH DRAW THE STATE105
18	18	FROM THE ELECTRONIC REGISTRATION INFORMATION CENTER ,106
19	19	AND ESTABLISHING ADDITIONAL REQUIREMENTS FOR THE107
20	20	CONDUCT OF ELECTIONS .108
21	21	Bill Summary
22	22	(Note: This summary applies to this bill as introduced and does
23	23	not reflect any amendments that may be subsequently adopted. If this bill
24	24	passes third reading in the house of introduction, a bill summary that
25	25	applies to the reengrossed version of this bill will be available at
26	26	HOUSE SPONSORSHIP
27	27	Hanks,
28	28	SENATE SPONSORSHIP
29	29	(None),
30	30	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
31	31	Capital letters or bold & italic numbers indicate new material to be added to existing statute.
32	32	Dashes through the words indicate deletions from existing statute. http://leg.colorado.gov.)
33	33	The bill makes changes to the laws governing elections. The
34	34	secretary of state is required, within 30 days after the effective date of the
35	35	bill, to withdraw the state from participation in the electronic registration
36	36	information system.
37	37	Voters are required to cast their ballots in person at the voters'
38	38	precinct polling place on election day, unless the voter has completed a
39	39	valid request for an absentee ballot. A voter may request an absentee
40	40	ballot if the voter will be out of the state on election day, is hospitalized
41	41	or in a nursing home, has a visual impairment, or is a uniformed overseas
42	42	voter. All ballots are required to be counted by hand. Counting and
43	43	canvassing must be completed within 24 hours after polls close. County
44	44	clerk and recorders are required to mail ballots to electors prior to election
45	45	day, with written instructions advising that the voter must appear in
46	46	person at a precinct polling place to cast the ballot. A person is required
47	47	to show a valid state-issued identification to vote.
48	48	County clerk and recorders are required to divide the county into
49	49	precincts and to designate adequate and reasonable polling places in each
50	50	precinct. County clerk and recorders are required to use schools and
51	51	government buildings as polling places when possible and are prohibited
52	52	from changing a polling place in a precinct unless the electors of the
53	53	precinct are given 2 years notice, or in the event of an emergency
54	54	rendering the original polling place unusable.
55	55	The bill establishes new requirements for the certification and use
56	56	of electronic voting systems. The secretary of state (secretary) is required
57	57	to create a committee consisting of a member of the faculty in the
58	58	engineering department at a state institution of higher education, a
59	59	member of the state bar of Colorado, and one person familiar with voting
60	60	processes in the state. The committee must test voting systems and make
61	61	recommendations to the secretary, who is then required to make final
62	62	adoption of the systems to be certified for use in the state. Use of
63	63	electronic voting systems is limited to complying with accessibility
64	64	requirements for voters who are blind or visually impaired established in
65	65	the bill.
66	66	The bill makes additional changes to the election laws, including:
67	67	! Requiring county clerk and recorders to send sample ballot
68	68	proofs of primary ballots to party committee chairs, and to
69	69	send a proof of the general election ballot to any candidate
70	70	who was not on the primary ballot;
71	71	! Establishing a 100-foot limit around polling places,
72	72	requiring voters to promptly leave the 100-foot area after
73	73	voting, and allowing electioneering activity outside the
74	74	100-foot limit except in specific circumstances;
75	75	! Requiring ballots to be printed on anti-fraud paper;
76	76	HB22-1204
77	77	-2- ! Allowing a court to order a recount when presented with
78	78	facts that require one; and
79	79	! Establishing new election offenses related to unlawful acts
80	80	by voters and other persons.
81	81	Be it enacted by the General Assembly of the State of Colorado:1
82	82	SECTION 1. In Colorado Revised Statutes, add 1-1-107.5 as2
83	83	follows:3
84	84	1-1-107.5. Participation in interstate organizations. T
85	85	HE4
86	86	SECRETARY OF STATE SHALL, WITHIN THIRTY DAYS AFTER THE EFFECTIVE5
87	87	DATE OF THIS SECTION, WITHDRAW THE STATE FROM PARTICIPATION IN THE6
88	88	ELECTRONIC REGISTRATION INFORMATION CENTER .7
89	89	SECTION 2. In Colorado Revised Statutes, 1-4-1204, repeal (2)8
90	90	as follows:9
91	91	1-4-1204. Names on ballots. (2) The names of candidates
92	92	10
93	93	appearing on any presidential primary ballot must be in an order11
94	94	determined by lot. The secretary of state shall determine the method of12
95	95	drawing lots.13
96	96	SECTION 3. In Colorado Revised Statutes, add 1-4-1204.5 as14
97	97	follows:15
98	98	1-4-1204.5. Form and content of ballot. (1) A
99	99	T THE TOP OF16
100	100	EACH PARTY'S PRESIDENTIAL PRIMARY BALLOT MUST BE PRINTED :17
101	101	"O
102	102	FFICIAL BALLOT OF THE _____ PARTY, PRESIDENTIAL PRIMARY18
103	103	ELECTION (DATE), COUNTY OF _______, STATE OF COLORADO".19
104	104	(2) T
105	105	HE ORDER OF THE NAMES OF CERTIFIED CANDIDATES ON THE20
106	106	BALLOT SHALL BE DETERMINED BY LOTS DRAWN AT A PUBLIC MEETING21
107	107	CALLED BY THE SECRETARY OF STATE FOR THAT PURPOSE . ROTATION OF22
108	108	CANDIDATE NAMES IS PROHIBITED. THE CERTIFIED CANDIDATES MUST BE23
109	109	HB22-1204-3- LISTED UNDER THE TITLE: "_______ PARTY CANDIDATES FOR PRESIDENT1
110	110	OF THE UNITED STATES". IMMEDIATELY BELOW MUST BE PRINTED : "VOTE2
111	111	FOR NOT MORE THAN ONE ". THE BALLOT MAY ALSO CONTAIN PRINTED3
112	112	INSTRUCTIONS TO VOTERS AS PRESCRIBED FOR OTHER ELECTIONS .4
113	113	(3) T
114	114	HE COUNTY CLERK AND RECORDER SHALL PROVIDE A SAMPLE5
115	115	BALLOT PROOF TO THE STATE CENTRAL COMMITTEE CHAIR OF EACH6
116	116	QUALIFIED CANDIDATE'S STATE COMMITTEE NOT LATER THAN FIVE DAYS7
117	117	AFTER RECEIVING THE CERTIFICATION FROM THE SECRETARY OF STATE .8
118	118	SECTION 4. In Colorado Revised Statutes, add 1-4-1205.5 as9
119	119	follows:10
120	120	1-4-1205.5. Absentee voting in presidential primary - satellite11
121	121	locations. (1) A
122	122	BSENT UNIFORMED SERVICES VOTERS OR OVERSEAS12
123	123	VOTERS WHO ARE OTHERWISE ELIGIBLE TO VOTE IN THE ELECTION MAY13
124	124	VOTE AS PRESCRIBED BY ARTICLE 8.3 OF THIS TITLE 1.14
125	125	(2) T
126	126	HE COUNTY CLERK AND RECORDER SHALL ESTABLISH15
127	127	ELECTION DAY ON-SITE VOTING LOCATIONS AT THE OFFICE OF THE COUNTY16
128	128	CLERK AND RECORDER OR AT OTHER LOCATIONS IN THE COUNTY DEEMED17
129	129	NECESSARY OR APPROPRIATE BY THE COUNTY CLERK AND RECORDER .18
130	130	(3) T
131	131	HE COUNTY CLERK AND RECORDER SHALL SEND BY19
132	132	NONFORWARDABLE MAIL THAT IS MARKED WITH THE STATEMENT20
133	133	REQUIRED BY THE POSTMASTER TO RECEIVE AN ADDRESS CORRECTION21
134	134	NOTIFICATION ABSENTEE BALLOTS T HAT ARE REQUESTED PURSUANT TO22
135	135	SUBSECTION (1) OF THIS SECTION AND SHALL INCLUDE A PREADDRESSED23
136	136	ENVELOPE FOR THE ELECTOR TO RETURN THE COMPLETED BALLOT .24
137	137	(4) A
138	138	PERSON WHO IS SENT AN ABSENTEE BALLOT SHALL NOT VOTE25
139	139	AT A POLLING PLACE.26
140	140	SECTION 5. In Colorado Revised Statutes, repeal and reenact,27
141	141	HB22-1204
142	142	-4- with amendments, 1-5-101 as follows:1
143	143	1-5-101. Establishing precincts and polling places for partisan2
144	144	elections. (1) T
145	145	HE COUNTY CLERK AND RECORDER , ON OR BEFORE3
146	146	O
147	147	CTOBER 1 OF EACH YEAR PRECEDING THE YEAR OF A GENERAL ELECTION ,4
148	148	BY AN ORDER, SHALL ESTABLISH A CONVENIENT NUMBER OF ELECTION5
149	149	PRECINCTS IN THE COUNTY AND DEFINE THE BOUNDARIES OF THE6
150	150	PRECINCTS. THE ELECTION PRECINCT BOUNDARIES SHALL BE ESTABLISHED7
151	151	SO AS TO BE INCLUDED WITHIN ELECTION DISTRICTS PRESCRIBED BY LAW8
152	152	FOR ELECTED OFFICERS OF THE STATE AND ITS POLITICAL SUBDIVISIONS .9
153	153	T
154	154	HE COUNTY CLERK AND RECORDER SHALL NOT ESTABLISH AN ELECTION10
155	155	PRECINCT THAT HAS MORE THAN ONE THOUSAND FIVE HUNDRED ACTIVE11
156	156	ELIGIBLE ELECTORS ON THE DATE THE ELECTION PRECINCT 'S BOUNDARIES12
157	157	ARE ESTABLISHED.13
158	158	(2) N
159	159	OTWITHSTANDING ANY OTHER LAW , AT LEAST TWENTY DAYS14
160	160	BEFORE A GENERAL OR PRIMARY ELECTION , AND AT LEAST TEN DAYS15
161	161	BEFORE A SPECIAL ELECTION, THE COUNTY CLERK AND RECORDER SHALL16
162	162	DESIGNATE ONE POLLING PLACE WITHIN EACH PRECINCT WHERE THE17
163	163	ELECTION SHALL BE HELD; EXCEPT THAT:18
164	164	(a) O
165	165	N A SPECIFIC FINDING OF THE COUNTY CLERK AND RECORDER ,19
166	166	INCLUDED IN THE ORDER DESIGNATING POLLING PLACES PURS UANT TO THIS20
167	167	SUBSECTION (2), THAT NO SUITABLE POLLING PLACE IS AVAILABLE WITHIN21
168	168	A PRECINCT, A POLLING PLACE FOR THAT PRECINCT MAY BE DESIGNATED22
169	169	WITHIN AN ADJACENT PRECINCT;23
170	170	(b) A
171	171	DJACENT PRECINCTS MAY BE COMBINED IF BOUNDARIES SO24
172	172	ESTABLISHED ARE INCLUDED IN ELECTION DISTRICTS PRESCRIBED BY LAW25
173	173	FOR STATE ELECTED OFFICIALS AND POLITICAL SUBDIVISIONS . THE26
174	174	DESIGNATED ELECTION OFFICIAL MAY ALSO SPLIT A PRECINCT FOR27
175	175	HB22-1204
176	176	-5- ADMINISTRATIVE PURPOSES. THE POLLING PLACES SHALL BE LISTED IN1
177	177	SEPARATE SECTIONS OF THE ORDER.2
178	178	(c) T
179	179	HE COUNTY CLERK AND RECORDER SHALL ENSURE THAT A3
180	180	REASONABLE AND ADEQUATE NUMBER OF POLLING PLACES IN EACH4
181	181	PRECINCT WILL BE DESIGNATED FOR THAT ELECTION . ANY CONSOLIDATED5
182	182	POLLING PLACES SHALL BE LISTED IN SEPARATE SECTIONS OF THE ORDER6
183	183	OF THE COUNTY CLERK AND RECORDER .7
184	184	(d) T
185	185	HE COUNTY CLERK AND RECORDER SHALL NOT AUTHORIZE8
186	186	THE USE OF VOTER SERVICE AND POLLING CENTERS IN PLACE OF OR IN9
187	187	ADDITION TO THE SPECIFICALLY DESIGNATED POLLING PLACES ; AND10
188	188	(e) T
189	189	HE COUNTY CLERK AND RECORDER SHALL NOT CHANGE A11
190	190	POLLING PLACE UNLESS THE REGISTERED ELECTORS IN THAT PRECINCT ARE12
191	191	NOTIFIED BY MAIL AT LEAST TWO YEARS IN ADVANCE THAT THE POLLING13
192	192	PLACE HAS CHANGED.14
193	193	(3) I
194	194	F THE COUNTY CLERK AND RECORDER FAILS TO DESIGNATE15
195	195	THE PLACE FOR HOLDING THE ELECTION , OR IF IT CANNOT BE HELD AT OR16
196	196	ADJACENT TO THE PLACE DESIGNATED , THE DESIGNATED ELECTION17
197	197	OFFICIAL SHALL DESIGNATE AND GIVE NOTICE OF THE PLACE WITHIN THE18
198	198	PRECINCT FOR HOLDING THE ELECTION . NOTICE OF THE CHANGE IN19
199	199	POLLING PLACES MUST INCLUDE NOTICE OF THE NEW POLLING PLACE ,20
200	200	NOTICE OF THE HOURS FOR VOTING ON ELECTION DAY , AND NOTICE OF THE21
201	201	TELEPHONE NUMBER TO CALL FOR VOTER ASSISTANCE .22
202	202	(4) A
203	203	PUBLIC SCHOOL SHALL PROVIDE SUFFICIENT SPACE FOR USE23
204	204	AS A POLLING PLACE FOR ANY CITY, COUNTY, OR STATE ELECTION WHEN24
205	205	REQUESTED BY THE DESIGNATED ELECTION OFFICIAL .25
206	206	(5) W
207	207	HENEVER POSSIBLE, THE COUNTY CLERK AND RECORDER26
208	208	SHALL USE PUBLIC SCHOOLS AND GOVERNMENTAL OFFICES AS POLLING27
209	209	HB22-1204
210	210	-6- PLACES. ON REQUEST, SCHOOL DISTRICT GOVERNING BOARD MEMBERS ,1
211	211	PRINCIPALS, AND MANAGERS OF GOVERNMENTAL OFFICES SHALL ALLOW2
212	212	THEIR SITES TO BE USED AS POLLING PLACES.3
213	213	(6) T
214	214	HE COUNTY CLERK AND RECORDER SHALL MAKE AVAILABLE4
215	215	TO THE PUBLIC AS A PUBLIC RECORD A LIST OF THE POLLING PLACES FOR5
216	216	ALL PRECINCTS IN WHICH THE ELECTION IS TO BE HELD.6
217	217	(7) E
218	218	XCEPT IN THE CASE OF AN EMERGENCY , ANY FACILITY THAT7
219	219	IS USED AS A POLLING PLACE ON ELECTION DAY SHALL ALLOW PERSONS TO8
220	220	ELECTIONEER AND ENGAGE IN OTHER POLITICAL ACTIVITY OUTSIDE OF THE9
221	221	ONE-HUNDRED-FOOT LIMIT PRESCRIBED BY SECTION 1-7-115.5 IN PUBLIC10
222	222	AREAS AND PARKING LOTS USED BY VOTERS . THIS SUBSECTION (7) DOES11
223	223	NOT ALLOW THE TEMPORARY OR PERMANENT CONSTRUCTION OF12
224	224	STRUCTURES IN PUBLIC AREAS AND PARKING LOTS OR THE BLOCKING OR13
225	225	OTHER IMPAIRMENT OF ACCESS TO PARKING SPACES FOR VOTERS . THE14
226	226	COUNTY CLERK AND RECORDER OR OTHER DESIGNATED ELECTION OFFICIAL15
227	227	SHALL POST ON ITS WEBSITE AT LEAST TWO WEEKS BEFORE ELECTION DAY16
228	228	A LIST OF THOSE POLLING PLACES IN WHICH EMERGENCY CONDITIONS17
229	229	PREVENT ELECTIONEERING AND SHALL SPECIFY THE REASON THE18
230	230	EMERGENCY DESIGNATION WAS GRANTED AND THE NUMBER OF ATTEMPTS19
231	231	THAT WERE MADE TO FIND A POLLING PLACE BEFORE GRANTING AN20
232	232	EMERGENCY DESIGNATION . IF THE POLLING PLACE IS NOT ON THE WEBSITE21
233	233	LIST OF POLLING PLACES WITH EMERGENCY DESIGNATIONS ,22
234	234	ELECTIONEERING AND OTHER POLITICAL ACTIVITY SHALL BE ALLOWED23
235	235	OUTSIDE OF THE ONE-HUNDRED-FOOT LIMIT. IF AN EMERGENCY ARISES24
236	236	AFTER THE COUNTY CLERK AND RECORDER OR OTHER DESIGNATED25
237	237	ELECTION OFFICIAL'S INITIAL WEBSITE POSTING, THE COUNTY CLERK AND26
238	238	RECORDER OR OTHER DESIGNATED ELECTION OFFICIAL SHALL UPDATE THE27
239	239	HB22-1204
240	240	-7- WEBSITE OF SUCH OFFICIAL AS SOON AS PRACTICABLE TO INCLUDE ANY1
241	241	NEW POLLING PLACES, HIGHLIGHT THE POLLING PLACE LOCATION ON THE2
242	242	WEBSITE, AND SPECIFY THE REASON THE EMERGENCY DESIGNATION WAS3
243	243	GRANTED AND THE NUMBER OF ATTEMPTS THAT WERE MADE TO FIND A4
244	244	POLLING PLACE BEFORE GRANTING AN EMERGENCY DESIGNATION .5
245	245	(8) F
246	246	OR THE PURPOSES OF THIS SECTION, A COUNTY CLERK AND6
247	247	RECORDER OR OTHER DESIGNATED ELECTION OFFICIAL SHALL DESIGNATE7
248	248	A POLLING PLACE AS AN EMERGENCY POLLING PLACE AND THUS PROHIBIT8
249	249	PERSONS FROM ELECTIONEERING AND ENGAGING IN OTHER POLITICAL9
250	250	ACTIVITY OUTSIDE OF THE ONE -HUNDRED-FOOT LIMIT PRESCRIBED BY10
251	251	SECTION 1-7-115.5 BUT INSIDE THE PROPERTY OF THE FACILITY THAT IS11
252	252	HOSTING THE POLLING PLACE IF AN ACT OF GOD RENDERS A PREVIOUSLY12
253	253	ESTABLISHED POLLING PLACE UNUSABLE .13
254	254	SECTION 6. In Colorado Revised Statutes, add 1-5-401.5,14
255	255	1-5-402.5, and 1-5-403.5 as follows:15
256	256	1-5-401.5. Anti-fraud ballot paper. F
257	257	OR PRIMARY AND GENERAL16
258	258	ELECTIONS, THE DESIGNATED ELECTION OFFICIAL SHALL USE BALLOT17
259	259	PAPER THAT INCLUDES A HOLOGRAM , AN IDENTIFIABLE SEQUENCE18
260	260	MARKING, OR ANOTHER SIMILAR SYSTEM FOR PREVENTING FRAUD AND19
261	261	THAT ALLOWS A VOTER TO RECEIVE A UNIQUELY MARKED OR NUMBERED20
262	262	BALLOT.21
263	263	1-5-402.5. Sample primary election ballots - submission to22
264	264	party chair for examination - preparation, printing, and distribution23
265	265	of ballot. (1) N
266	266	OTWITHSTANDING ANY OTHER LAW , AT LEAST FORTY-FIVE24
267	267	DAYS BEFORE A PRIMARY ELECTION, THE DESIGNATED ELECTION OFFICIAL25
268	268	SHALL:26
269	269	(a) P
270	270	REPARE A PROOF OF A SAMPLE BALLOT ;27
271	271	HB22-1204
272	272	-8- (b) SUBMIT THE SAMPLE BALLOT PROOF OF EACH PARTY TO THE1
273	273	COUNTY CENTRAL COMMITTEE CHAIR ; AND2
274	274	(c) M
275	275	AIL A SAMPLE BALLOT PROOF TO EACH CANDIDATE FOR3
276	276	WHOM A NOMINATION PAPER AND PETITIONS HAVE BEEN FILED .4
277	277	(2) W
278	278	ITHIN FIVE DAYS AFTER RECEIPT OF THE SAMPLE BALLOT, THE5
279	279	COUNTY CENTRAL COMMITTEE CHAIR OF EACH POLITICAL PARTY SHALL6
280	280	SUGGEST TO THE DESIGNATED ELECTION OFFICIAL ANY CHANGE THE CHAIR7
281	281	DEEMS NECESSARY IN THE CHAIR 'S PARTY BALLOT, AND IF, ON8
282	282	EXAMINATION, THE DESIGNATED ELECTION OFFICIAL FINDS AN ERROR OR9
283	283	OMISSION IN THE BALLOT, THE DESIGNATED ELECTION OFFICIAL SHALL10
284	284	CORRECT IT. THE DESIGNATED ELECTION OFFICIAL SHALL PRINT AND11
285	285	DISTRIBUTE THE SAMPLE BALLOTS AS REQUIRED BY LAW , MAINTAIN A12
286	286	COPY OF EACH SAMPLE BALLOT , AND POST A NOTICE INDICATING THAT13
287	287	SAMPLE BALLOTS ARE AVAILABLE ON REQUEST .14
288	288	(3) N
289	289	OT LATER THAN FORTY DAYS BEFORE A PRIMARY ELECTION ,15
290	290	THE COUNTY CENTRAL COMMITTEE CHAIR OF A POLITICAL PARTY MAY16
291	291	REQUEST ONE SAMPLE PRIMARY ELECTION BALLOT OF THE CHAIR 'S PARTY17
292	292	FOR EACH ELECTION PRECINCT.18
293	293	1-5-403.5. Sample general election ballots - preparation and19
294	294	distribution. (1) B
295	295	EFORE PRINTING THE SAMPLE BALLOTS FOR THE20
296	296	GENERAL ELECTION, THE DESIGNATED ELECTION OFFICIAL SHALL SEND TO21
297	297	EACH CANDIDATE WHOSE NAME DID NOT APPEAR ON THE PRECEDING22
298	298	PRIMARY ELECTION BALLOT A BALLOT PROOF OF THE SAMPLE BALLOT FOR23
299	299	THE CANDIDATE'S REVIEW.24
300	300	(2) T
301	301	HE DESIGNATED ELECTION OFFICIAL SHALL PRINT AND25
302	302	DISTRIBUTE, FOR THE INFORMATION OF VOTERS AT EACH POLLING PLACE ,26
303	303	A NUMBER OF SAMPLE BALLOTS AS THE OFFICIAL DEEMS NECESSARY .27
304	304	HB22-1204
305	305	-9- SECTION 7. In Colorado Revised Statutes, repeal and reenact,1
306	306	with amendments, part 6 of article 5 of title 1 as follows:2
307	307	PART 63
308	308	AUTHORIZATION AND USE OF VOTING 4
309	309	MACHINES AND ELECTRONIC VOTING SYSTEMS5
310	310	1-5-601. Definitions. A
311	311	S USED IN THIS PART 6, UNLESS THE6
312	312	CONTEXT OTHERWISE REQUIRES :7
313	313	(1) "B
314	314	ALLOT" MEANS A PAPER BALLOT ON WHICH VOTES ARE8
315	315	RECORDED.9
316	316	(2) "E
317	317	LECTRONIC VOTING SYSTEM " MEANS A SYSTEM IN WHICH10
318	318	VOTES ARE RECORDED ON A PAPER BALLOT BY MEANS OF MARKING , AND11
319	319	SUCH VOTES ARE SUBSEQUENTLY COUNTED AND TABULATED BY VOTE12
320	320	TABULATING EQUIPMENT.13
321	321	(3) "V
322	322	OTE TABULATING EQUIPMENT " INCLUDES APPARATUS TO14
323	323	AUTOMATICALLY EXAMINE AND COUNT VOTES AS DESIGNATED ON15
324	324	BALLOTS AND TABULATE THE RESULTS .16
325	325	(4) "V
326	326	OTING DEVICE" MEANS AN APPARATUS THAT THE VOTER17
327	327	USES TO RECORD THE VOTER 'S VOTES BY MARKING A PAPER BALLOT ,18
328	328	WHICH VOTES ARE SUBSEQUENTLY COUNTED BY HAND .19
329	329	1-5-602. Committee approval. (1) T
330	330	HE SECRETARY OF STATE20
331	331	SHALL APPOINT A COMMITTEE OF THREE PERSONS CONSISTING OF A21
332	332	MEMBER OF THE FACULTY IN THE ENGINEERING COLLEGE OR DEPARTMENT22
333	333	AT ONE OF THE STATE INSTITUTIONS OF HIGHER EDUCATION , A MEMBER OF23
334	334	THE STATE BAR OF COLORADO, AND ONE PERSON FAMILIAR WITH VOTING24
335	335	PROCESSES IN THE STATE. NOT MORE THAN TWO PERSONS SHALL BE OF THE25
336	336	SAME POLITICAL PARTY AND AT LEAST ONE PERSON SHALL HAVE AT LEAST26
337	337	FIVE YEARS OF EXPERIENCE WITH AND SHALL BE ABLE TO RENDER AN27
338	338	HB22-1204
339	339	-10- OPINION BASED ON KNOWLEDGE OF , TRAINING IN, OR EDUCATION IN1
340	340	ELECTRONIC VOTING SYSTEMS , PROCEDURES, AND SECURITY. THE2
341	341	COMMITTEE SHALL INVESTIGATE AND TEST THE VARIOUS TYPES OF VOTE3
342	342	RECORDING DEVICES THAT MAY BE USED UNDER THIS PART 6. THE4
343	343	COMMITTEE SHALL SUBMIT ITS RECOMMENDATIONS TO THE SECRETARY OF5
344	344	STATE WHO SHALL MAKE FINAL ADOPTION OF THE TYPE OR TYPES , MAKE6
345	345	OR MAKES, AND MODEL OR MODELS TO BE CERTIFIED FOR USE IN THIS7
346	346	STATE. THE COMMITTEE SERVES WITHOUT COMPENSATION .8
347	347	(2) M
348	348	ACHINES OR DEVICES USED AT ANY ELECTION FOR FEDERAL ,9
349	349	STATE, OR COUNTY OFFICES MAY ONLY BE CERTIFIED FOR USE IN THIS10
350	350	STATE AND MAY ONLY BE USED IN THIS STATE IF THEY COMPLY WITH THE11
351	351	FEDERAL "HELP AMERICA VOTE ACT OF 2002", IF THEY HAVE BEEN12
352	352	TESTED AND APPROVED BY A LABORATORY THAT IS ACCREDITED13
353	353	PURSUANT TO THE FEDERAL "HELP AMERICA VOTE ACT OF 2002", AND IF14
354	354	THEY ARE TO BE USED TO COMPLY WITH THE ACCESSIBILITY15
355	355	REQUIREMENTS PRESCRIBED BY SECTION 1-5-603. EXCEPT AS REQUIRED16
356	356	BY SECTION 1-5-603, THE SECRETARY OF STATE SHALL NOT APPROVE FOR17
357	357	GENERAL USE ELECTRONIC VOTING MACHINES AND ELECTRONIC18
358	358	TABULATING MACHINES.19
359	359	(3) A
360	360	FTER CONSULTATION WITH THE COMMITTEE PRESCRIBED BY20
361	361	SUBSECTION (1) OF THIS SECTION, THE SECRETARY OF STATE SHALL ADOPT21
362	362	STANDARDS THAT SPECIFY THE CRITERIA FOR LOSS OF CERTIFICATION FOR22
363	363	EQUIPMENT THAT WAS USED AT ANY ELECTION FOR FEDERAL , STATE, OR23
364	364	COUNTY OFFICES AND THAT WAS PREVIOUSLY CERTIFIED FOR USE IN THIS24
365	365	STATE. ON LOSS OF CERTIFICATION, MACHINES OR DEVICES USED AT ANY25
366	366	ELECTION SHALL NOT BE USED FOR ANY ELECTION FOR FEDERAL , STATE,26
367	367	OR COUNTY OFFICES IN THIS STATE UNLESS RECERTIFIED FOR USE IN THIS27
368	368	HB22-1204
369	369	-11- STATE.1
370	370	(4) T
371	371	HE SECRETARY OF STATE SHALL REVOKE THE CERTIFICATION2
372	372	OF ANY VOTING SYSTEM OR DEVICE FOR USE IN A FEDERAL , STATE, OR3
373	373	COUNTY ELECTION IN THIS STATE OR MAY PROHIBIT FOR UP TO TEN YEARS4
374	374	THE PURCHASE, LEASE, OR USE OF ANY VOTING SYSTEM OR DEVICE5
375	375	LEASED, INSTALLED, OR USED BY A PERSON OR FIRM IN CONNECTION WITH6
376	376	A FEDERAL, STATE, OR COUNTY ELECTION IN THIS STATE , OR BOTH, IF7
377	377	EITHER OF THE FOLLOWING OCCURS :8
378	378	(a) T
379	379	HE PERSON OR FIRM INSTALLS, USES, OR ALLOWS THE USE OF9
380	380	A VOTING SYSTEM OR DEVICE THAT IS NOT CERTIFIED FOR USE OR10
381	381	APPROVED FOR EXPERIMENTAL USE IN THIS STATE PURSUANT TO THIS11
382	382	SECTION; OR12
383	383	(b) T
384	384	HE PERSON OR FIRM USES OR INCLUDES HARDWARE ,13
385	385	FIRMWARE, OR SOFTWARE IN A VERSION THAT IS NOT CERTIFIED FOR USE14
386	386	OR APPROVED FOR EXPERIMENTAL USE PURSUANT TO THIS SECTION IN A15
387	387	CERTIFIED VOTING SYSTEM OR DEVICE.16
388	388	1-5-603. Accessible voting technology - recommendations -17
389	389	certification - applicability. (1) O
390	390	N COMPLETION OF THE CERTIFICATION18
391	391	PROCESS PURSUANT TO THIS SECTION AND SECTION 1-5-602, THE19
392	392	SECRETARY OF STATE SHALL REQUIRE THAT VOTING SYSTEMS THAT ARE20
393	393	USED IN ELECTIONS UNDER THIS CODE PROVIDE PERSONS WHO ARE BLIND21
394	394	OR VISUALLY IMPAIRED WITH ACCESS TO VOTING THAT IS EQUIVALENT TO22
395	395	THAT PROVIDED TO PERSONS WHO ARE NOT BLIND OR VISUALLY IMPAIRED .23
396	396	(2) F
397	397	OR THE PURPOSES OF THIS SECTION:24
398	398	(a) A
399	399	VOTING SYSTEM THAT PROVIDES THE VOTER WITH THE25
400	400	ABILITY TO CAST AND VERIFY BY BOTH VISUAL AND NONVISUAL METHODS26
401	401	ALL OF THE SELECTIONS THAT WERE MADE BY THAT VOTER IS DEEMED TO27
402	402	HB22-1204
403	403	-12- PROVIDE EQUIVALENT ACCESS.1
404	404	(b) N
405	405	ONVISUAL METHODS FOR CASTING AND VERIFYING A2
406	406	SELECTION MADE ON A VOTING SYSTEM INCLUDE THE USE OF SYNTHESIZED3
407	407	SPEECH, BRAILLE, AND OTHER OUTPUT METHODS THAT DO NOT REQUIRE4
408	408	SIGHT.5
409	409	(c) A
410	410	N ELECTRONIC VOTING SYSTEM AUTHORIZED BY THIS SECTION6
411	411	SHALL NOT BE APPROVED OR PROVIDED FOR GENERAL USE .7
412	412	(3) T
413	413	HE SECRETARY OF STATE SHALL CONSULT WITH AND OBTAIN8
414	414	RECOMMENDATIONS REGARDING VOTING SYSTEMS FROM NONPROFIT9
415	415	ORGANIZATIONS THAT REPRESENT PERSONS WHO ARE BLIND OR VISUALLY10
416	416	IMPAIRED; PERSONS WITH EXPERTISE IN ACCESSIBLE SOFTWARE ,11
417	417	HARDWARE, AND OTHER TECHNOLOGY ; COUNTY AND LOCAL ELECTION12
418	418	OFFICIALS; AND OTHER PERSONS DEEMED APPROPRIATE BY THE13
419	419	SECRETARY OF STATE . AFTER RECEIVING RECOMMENDATIONS , THE14
420	420	SECRETARY OF STATE SHALL SUBMIT TO THE COMMITTEE ESTABLISHED15
421	421	PURSUANT TO SECTION 1-5-602 ONE OR MORE VOTING SYSTEMS THAT16
422	422	PROVIDE EQUIVALENT ACCESS PURSUANT TO THIS SECTION FOR POSSIBLE17
423	423	CERTIFICATION FOR USE IN THIS STATE.18
424	424	(4) S
425	425	UBSECTION (1) OF THIS SECTION APPLIES TO VOTING SYSTEMS19
426	426	THAT ARE PURCHASED OR UPGRADED AFTER THE EFFECTIVE DATE OF THIS20
427	427	SECTION.21
428	428	1-5-604. Authorization of use at elections. A
429	429	T ALL ELECTIONS22
430	430	UNDER THIS CODE, BALLOTS OR VOTES MAY BE CAST , RECORDED, AND23
431	431	COUNTED BY VOTING OR MARKING DEVICES AND VOTE TABULATING24
432	432	DEVICES AS PROVIDED BY THIS PART 6; EXCEPT THAT ELECTRONIC VOTING25
433	433	AND ELECTRONIC OR OTHER TABULATING DEVICES MAY ONLY BE USED TO26
434	434	COMPLY WITH SECTION 1-5-603. FOR ALL OTHER USES, FOR ELECTIONS27
435	435	HB22-1204
436	436	-13- UNDER THIS CODE, ONLY PAPER BALLOTS MAY BE USED AND BALLOTS1
437	437	SHALL BE TABULATED BY HAND .2
438	438	1-5-605. Specifications of electronic voting systems. (1) A
439	439	N3
440	440	ELECTRONIC VOTING SYSTEM CONSISTING OF A VOTING OR MARKING4
441	441	DEVICE THAT IS USED IN ACCORDANCE WITH SECTION 1-5-603 MUST5
442	442	PROVIDE FACILITIES FOR VOTING FOR CANDIDATES AT BOTH PRIMARY AND6
443	443	GENERAL ELECTIONS.7
444	444	(2) A
445	445	N ELECTRONIC VOTING SYSTEM MUST :8
446	446	(a) P
447	447	ROVIDE FOR VOTING IN SECRECY WHEN USED WITH VOTING9
448	448	BOOTHS;10
449	449	(b) A
450	450	LLOW EACH ELECTOR TO VOTE AT ANY ELECTION FOR ANY11
451	451	PERSON FOR ANY OFFICE WHETHER OR NOT THE PERSON IS NOMINATED AS12
452	452	A CANDIDATE, TO VOTE FOR AS MANY PERSONS FOR AN OFFICE AS THE13
453	453	ELECTOR IS ENTITLED TO VOTE FOR, AND TO VOTE FOR OR AGAINST ANY14
454	454	QUESTION ON WHICH THE ELECTOR IS ENTITLED TO VOTE , AND THE VOTE15
455	455	TABULATING EQUIPMENT SHALL REJECT CHOICES RECORDED ON THE16
456	456	ELECTOR'S BALLOT IF THE NUMBER OF CHOICES EXCEEDS THE NUMBER17
457	457	THAT THE ELECTOR IS ENTITLED TO VOTE FOR THE OFFICE OR ON THE18
458	458	MEASURE;19
459	459	(c) P
460	460	REVENT THE ELECTOR FROM VOTING FOR THE SAME PERSON20
461	461	MORE THAN ONCE FOR THE SAME OFFICE ;21
462	462	(d) B
463	463	E SUITABLY DESIGNED FOR THE PURPOSE USED AND BE OF22
464	464	DURABLE CONSTRUCTION , AND MAY BE USED SAFELY, EFFICIENTLY, AND23
465	465	ACCURATELY IN THE CONDUCT OF ELECTIONS AND COUNTING BALLOTS ;24
466	466	(e) B
467	467	E PROVIDED WITH MEANS FOR SEALING THE VOTING OR25
468	468	MARKING DEVICE AGAINST ANY FURTHER VOTING AFTER THE CLOSE OF26
469	469	THE POLLS AND THE LAST VOTER HAS VOTED ;27
470	470	HB22-1204
471	471	-14- (f) WHEN PROPERLY OPERATED, RECORD CORRECTLY AND COUNT1
472	472	ACCURATELY EVERY VOTE CAST ;2
473	473	(g) P
474	474	ROVIDE A DURABLE PAPER DOCUMENT THAT VISUALLY3
475	475	INDICATES THE VOTER'S SELECTIONS THAT THE VOTER MAY USE TO VERIFY4
476	476	THE VOTER'S CHOICES, THAT MAY BE SPOILED BY THE VOTER IF IT FAILS TO5
477	477	REFLECT THE VOTER'S CHOICES, AND THAT ALLOWS THE VOTER TO CAST A6
478	478	NEW BALLOT. THIS PAPER DOCUMENT SHALL BE USED IN MANUAL AUDITS7
479	479	AND RECOUNTS.8
480	480	(h) T
481	481	O THE EXTENT PRACTICABLE , PROVIDE FOR THE BALLOT9
482	482	LAYOUT TO BE IN THE SAME ORDER OF ARR ANGEMENT , INCLUDING10
483	483	ROTATION, AS PROVIDED FOR PAPER BALLOTS; EXCEPT THAT INFORMATION11
484	484	MAY BE PRINTED IN VERTICAL OR HORIZONTAL ROWS OR IN A NUMBER OF12
485	485	SEPARATE PAGES OR SCREENS THAT ARE PLACED OR DISPLAYED ON THE13
486	486	VOTING DEVICE. THE TITLES OF OFFICES MAY BE ARRANGED IN VERTICAL14
487	487	COLUMNS OR IN A SERIES OF SEPARATE PAGES OR SCREENS AND MUST BE15
488	488	PRINTED ABOVE OR AT THE SIDE OF THE NAMES OF CANDIDATES SO AS TO16
489	489	INDICATE CLEARLY THE CANDIDATES FOR EACH OFFICE AND THE NUMBER17
490	490	TO BE ELECTED. IF THERE ARE MORE CANDIDATES FOR AN OFFICE THAN18
491	491	CAN BE PRINTED IN ONE COLUMN OR ON ONE BALLOT PAGE OR SCREEN , THE19
492	492	BALLOT MUST BE CLEARLY MARKED THAT THE LIST OF CANDIDATES IS20
493	493	CONTINUED ON THE FOLLOWING COLUMN , PAGE, OR SCREEN, AND TO THE21
494	494	EXTENT PRACTICABLE, THE SAME NUMBER OF NAMES SHALL BE PRINTED22
495	495	ON EACH COLUMN, PAGE, OR SCREEN.23
496	496	1-5-606. Write-in votes - instructions. T
497	497	O BE COUNTED, ALL24
498	498	WRITE-IN VOTES MUST BE MARKED BY THE VOTER IN THE SPACE PROVIDED25
499	499	OPPOSITE THE NAMES OF THE WRITE-IN CANDIDATES. THE INSTRUCTIONS26
500	500	TO VOTERS PRINTED ON THE BALLOTS MUST INSTRUCT THE VOTER THAT27
501	501	HB22-1204
502	502	-15- THE VOTE WILL NOT BE COUNTED UNLESS THE VOTER PROPERLY MARKS1
503	503	THE BALLOT WHEN WRITING IN A CANDIDATE 'S NAME.2
504	504	1-5-607. Required test of equipment and programs - notice.3
505	505	(1) T
506	506	HE COUNTY CLERK AND RECORDER OR OTHER DESIGNATED ELECTION4
507	507	OFFICIAL SHALL TEST THE AUTOMATIC TABULATING EQUIPMENT AND5
508	508	PROGRAMS USED PURSUANT TO THIS PART 6 TO ASCERTAIN THAT THE6
509	509	EQUIPMENT AND PROGRAMS WILL CORRECTLY MARK AND COUNT THE7
510	510	VOTES CAST FOR ALL OFFICES AND ON ALL MEASURES . PUBLIC NOTICE OF8
511	511	THE TIME AND PLACE OF THE TEST SHALL BE GIVEN AT LEAST FORTY-EIGHT9
512	512	HOURS BEFORE THE TEST BY PUBLICATION ONCE IN ONE OR MORE DAILY OR10
513	513	WEEKLY NEWSPAPERS PUBLISHED IN THE JURISDICTION USING THE11
514	514	EQUIPMENT IF A NEWSPAPER IS PUBLISHED IN THE JURISDICTION ,12
515	515	OTHERWISE IN A NEWSPAPER OF GENERAL CIRCULATION . THE TEST SHALL13
516	516	BE OBSERVED BY AT LEAST TWO ELECTION INSPECTORS WHO MUST NOT BE14
517	517	OF THE SAME POLITICAL PARTY AND MUST BE OPEN TO REPRESENTATIVES15
518	518	OF ALL OF THE POLITICAL PARTIES, CANDIDATES, THE PRESS, AND THE16
519	519	PUBLIC. THE TEST SHALL BE CONDUCTED BY PROCESSING A PRE AUDITED17
520	520	GROUP OF BALLOTS TO RECORD A PREDETERMINED NUMBER OF VALID18
521	521	VOTES FOR EACH CANDIDATE AND ON EACH MEASURE , AND MUST INCLUDE19
522	522	FOR EACH OFFICE ONE OR MORE BALLOTS THAT HAVE VOTES IN EXCESS OF20
523	523	THE NUMBER ALLOWED BY LAW IN ORDER TO TEST THE ABILITY OF THE21
524	524	AUTOMATIC TABULATING EQUIPMENT AND PROGRAMS TO REJECT SUCH22
525	525	VOTES. IF ANY ERROR IS DETECTED, THE CAUSE OF THE ERROR SHALL BE23
526	526	ASCERTAINED AND CORRECTED AND AN ERRORLESS COUNT SHALL BE24
527	527	MADE BEFORE THE EQUIPMENT IS APPROVED . THE TEST SHALL BE25
528	528	REPEATED IMMEDIATELY BEFORE THE START OF THE OFFICIAL COUNT OF26
529	529	THE BALLOTS IN THE SAME MANNER AS SET FORTH ABOVE . AFTER THE27
530	530	HB22-1204
531	531	-16- COMPLETION OF THE COUNT, THE BALLOTS SHALL BE SEALED, RETAINED,1
532	532	AND DISPOSED OF AS PROVIDED FOR PAPER BALLOTS .2
533	533	(2) E
534	534	LECTRONIC BALLOT TABULATING SYSTEMS USED IN3
535	535	ACCORDANCE WITH THIS PART 6 SHALL BE TESTED FOR LOGIC AND4
536	536	ACCURACY.5
537	537	(3) N
538	538	OTWITHSTANDING SUBSECTIONS (1) AND (2) OF THIS SECTION,6
539	539	IF A COUNTY USES ACCESSIBLE VOTING EQUIPMENT TO MARK BALLOTS ,7
540	540	THE SECRETARY OF STATE IN COOPERATION WITH THE COUNTY CLERK AND8
541	541	RECORDER MAY DESIGNATE A SINGLE DATE TO TEST THE LOGIC AND9
542	542	ACCURACY OF THE ACCESSIBLE VOTING EQUIPMENT AND ANY OTHER10
543	543	EQUIPMENT OR DEVICES USED TO MARK THE BALLOTS .11
544	544	SECTION 8. In Colorado Revised Statutes, add 1-7-101.5,12
545	545	1-7-115.5, and 1-7-119 as follows:13
546	546	1-7-101.5. Primary and general election requirements.14
547	547	(1) N
548	548	OTWITHSTANDING ANY OTHER LAW , ALL PRIMARY AND GENERAL15
549	549	ELECTIONS IN THE STATE SHALL BE CONDUCTED IN STRICT ADHERENCE TO16
550	550	THE FOLLOWING:17
551	551	(a) A
552	552	VOTER SHALL NOT RECEIVE OR CAST A BALLOT UNLESS THE18
553	553	VOTER HAS PRESENTED VALID STATE -ISSUED IDENTIFICATION;19
554	554	(b) E
555	555	XCEPT FOR ABSENTEE BALLOTS AS PRESCRIBED BY PART 11 OF20
556	556	THIS ARTICLE 7:21
557	557	(I) A
558	558	LL VOTING MUST OCCUR ON ELECTION DAY ONLY ; AND22
559	559	(II) A
560	560	LL BALLOTS MUST BE CAST IN PERSON BY THE VOTER AT THE23
561	561	VOTER'S ELECTION PRECINCT POLLING PLACE; AND24
562	562	(c) A
563	563	LL BALLOTS SHALL BE COUNTED BY HAND AND CANVASSED25
564	564	AND THE RETURNS MADE WITHIN TWENTY -FOUR HOURS AFTER THE POLLS26
565	565	ARE CLOSED.27
566	566	HB22-1204
567	567	-17- (2) (a) NOT SOONER THAN TWENTY-TWO DAYS BEFORE A GENERAL,1
568	568	PRIMARY, OR OTHER ELECTION, AND NO LATER THAN EIGHTEEN DAYS2
569	569	BEFORE THE ELECTION , THE COUNTY CLERK AND RECORDER OR3
570	570	DESIGNATED ELECTION OFFICIAL SHALL MAIL TO EACH ACTIVE REGISTERED4
571	571	ELECTOR, AT THE LAST MAILING ADDRESS APPEARING IN THE5
572	572	REGISTRATION RECORDS AND IN ACCORDANCE WITH UNITED STATES6
573	573	POSTAL SERVICE REGULATIONS , A BALLOT. THE ENVELOPE CONTAINING7
574	574	THE BALLOT MUST BE MARKED : "DO NOT FORWARD. ADDRESS8
575	575	CORRECTION
576	576	REQUESTED." OR ANY OTHER SIMILAR STATEMENT9
577	577	THAT IS IN ACCORDANCE WITH UNITED STATES POSTAL SERVICE10
578	578	REGULATIONS. FOR A PRIMARY MAIL BALLOT ELECTION , ACTIVE11
579	579	REGISTERED ELECTORS INCLUDES PREREGISTRANTS ELIGIBLE TO VOTE IN12
580	580	THAT PRIMARY ELECTION UNDER SECTION 1-2-101 (2)(c). NOTHING IN13
581	581	THIS SUBSECTION (2) AFFECTS ANY PROVISION OF THIS CODE GOVERNING14
582	582	THE DELIVERY OF MAIL BALLOTS TO AN ABSENT UNIFORMED SERVICES15
583	583	ELECTOR, NONRESIDENT OVERSEAS ELECTOR , OR RESIDENT OVERSEAS16
584	584	ELECTOR COVERED BY THE FEDERAL "UNIFORMED AND OVERSEAS17
585	585	C
586	586	ITIZENS ABSENTEE VOTING ACT", 52 U.S.C. SEC. 20301 ET SEQ.18
587	587	(b) I
588	588	F THE TWENTY-SECOND DAY BEFORE A GENERAL, PRIMARY, OR19
589	589	OTHER MAIL BALLOT ELECTION IS A SATURDAY, SUNDAY, STATE LEGAL20
590	590	HOLIDAY, OR FEDERAL HOLIDAY RECOGNIZED BY THE UNITED STATES21
591	591	POSTAL SERVICE, THE COUNTY CLERK AND RECORDER OR DESIGNATED22
592	592	ELECTION OFFICIAL MAY MAIL BALLOTS PURSUANT TO SUBSECTION (2)(a)23
593	593	OF THIS SECTION ON THE FRIDAY IMMEDIATELY PRECEDING THE24
594	594	TWENTY-SECOND DAY.25
595	595	(c) T
596	596	HE BALLOT MUST BE ACCOMPANIED BY WRITTEN26
597	597	INSTRUCTIONS ADVISING THE ELECTOR THAT THE ELECTOR MUST APPEAR27
598	598	HB22-1204
599	599	-18- IN PERSON AT THE POLLING PLACE IN THE PERSON'S PRECINCT ON ELECTION1
600	600	DAY TO CAST THE BALLOT. THE INSTRUCTIONS MUST INCLUDE NOTICE OF2
601	601	THE ELECTOR'S POLLING PLACE, NOTICE OF THE HOURS FOR VOTING ON3
602	602	ELECTION DAY, AND NOTICE OF THE TELEPHONE NUMBER TO CALL FOR4
603	603	VOTER ASSISTANCE.5
604	604	(3) E
605	605	XCEPT AS REQUIRED BY SUBSECTIONS (1) AND (2) OF THIS6
606	606	SECTION, ALL PRIMARY AND GENERAL ELECTIONS SHALL BE CONDUCTED7
607	607	AS OTHERWISE PROVIDED BY LAW .8
608	608	1-7-115.5. One-hundred-foot limit - notices - posting -9
609	609	violation - classification. (1) E
610	610	XCEPT AS PRESCRIBED IN THIS SECTION,10
611	611	A PERSON IS NOT ALLOWED TO REMAIN INSIDE THE ONE -HUNDRED-FOOT11
612	612	LIMIT WHILE THE POLLS ARE OPEN, EXCEPT FOR THE PURPOSE OF VOTING;12
613	613	AND EXCEPT THE ELECTION OFFICIALS, ONE REPRESENTATIVE AT ANY ONE13
614	614	TIME OF EACH POLITICAL PARTY REPRESENTED ON THE BALLOT WHO HAS14
615	615	BEEN APPOINTED BY THE COUNTY CENTRAL COMMITTEE CHAIR OF THAT15
616	616	POLITICAL PARTY AND THE CHALLENGERS ALLOWED BY LAW ; AND16
617	617	ELECTIONEERING MAY NOT OCCUR WITHIN THE ONE -HUNDRED-FOOT LIMIT.17
618	618	V
619	619	OTERS WHO HAVE CAST THEIR BALLOTS SHALL PROMPTLY MOVE OUTSIDE18
620	620	THE ONE-HUNDRED-FOOT LIMIT.19
621	621	(2) T
622	622	HE DESIGNATED ELECTION OFFICIAL SHALL FURNISH , WITH20
623	623	THE BALLOTS FOR EACH POLLING PLACE , THREE NOTICES, PRINTED IN21
624	624	LETTERS NOT LESS THAN TWO INCHES HIGH , WITH THE HEADING :22
625	625	"O
626	626	NE-HUNDRED-FOOT LIMIT" AND UNDERNEATH THAT HEADING THE23
627	627	FOLLOWING:24
628	628	N
629	629	O PERSON IS ALLOWED TO REMAIN INSIDE THESE LIMITS25
630	630	WHILE THE POLLS ARE OPEN, EXCEPT FOR THE PURPOSE OF26
631	631	VOTING; AND EXCEPT THE ELECTION OFFICIALS , ONE27
632	632	HB22-1204
633	633	-19- REPRESENTATIVE AT ANY ONE TIME OF EACH POLITICAL1
634	634	PARTY WHO HAS BEEN APPOINTED BY THE COUNTY CENTRAL2
635	635	COMMITTEE CHAIR OF SUCH POLITICAL PARTY , AND THE3
636	636	CHALLENGERS, ALLOWED BY LAW. VOTERS HAVING CAST4
637	637	THEIR BALLOTS SHALL AT ONCE RETIRE OUTSIDE THE5
638	638	ONE-HUNDRED-FOOT LIMIT. A PERSON VIOLATING ANY6
639	639	PROVISION OF THIS NOTICE IS GUILTY OF A MISDEMEANOR .7
640	640	(3) T
641	641	HE COUNTY CLERK AND RECORDER OR THE COUNTY CLERK8
642	642	AND RECORDER'S DESIGNEE SHALL EXERCISE AUTHORITY OVER ALL9
643	643	ELECTION-RELATED ACTIVITIES AT THE POLLING PLACE.10
644	644	(4) W
645	645	ITH THE PERMISSION OF THE VOTER, A MINOR MAY ENTER11
646	646	AND REMAIN WITHIN THE ONE -HUNDRED-FOOT LIMIT IN ORDER TO12
647	647	ACCOMPANY A VOTER INTO A POLLING PLACE , AN ON-SITE VOTING13
648	648	FACILITY, AND A VOTING BOOTH WHILE THE VOTER IS VOTING .14
649	649	(5) N
650	650	OTWITHSTANDING ANY OTHER LAW , AN ELECTION OFFICIAL,15
651	651	A REPRESENTATIVE OF A POLITICAL PARTY WHO HAS BEEN APPOINTED BY16
652	652	THE COUNTY CENTRAL COMMITTEE CHAIR OF THAT POLITICAL PARTY , OR17
653	653	A CHALLENGER WHO IS AUTHORIZED BY LAW TO BE WITHIN THE18
654	654	ONE-HUNDRED-FOOT LIMIT AS PRESCRIBED BY THIS SECTION SHALL NOT19
655	655	WEAR, CARRY, OR DISPLAY MATERIALS THAT IDENTIFY OR EXPRESS20
656	656	SUPPORT FOR OR OPPOSITION TO A CANDIDATE , A POLITICAL PARTY OR21
657	657	ORGANIZATION, OR A BALLOT QUESTION OR ANY OTHER POLITICAL ISSUE22
658	658	AND SHALL NOT ELECTIONEER WITHIN THE ONE -HUNDRED-FOOT LIMIT OF23
659	659	A POLLING PLACE.24
660	660	(6) N
661	661	OTWITHSTANDING ANY OTHER LAW , A PERSON SHALL NOT25
662	662	TAKE PHOTOGRAPHS OR VIDEOS WHILE WITHIN THE ONE -HUNDRED-FOOT26
663	663	LIMIT.27
664	664	HB22-1204
665	665	-20- (7) A PERSON VIOLATING THIS SECTION COMMITS A MISDEMEANOR ,1
666	666	AND UPON CONVICTION SHALL BE PUNISHED AS PROVIDED IN SECTION2
667	667	1-13-111.3
668	668	(8) F
669	669	OR THE PURPOSES OF THIS SECTION, ELECTIONEERING OCCURS4
670	670	WHEN AN INDIVIDUAL KNOWINGLY , INTENTIONALLY, BY VERBAL5
671	671	EXPRESSION, AND IN ORDER TO INDUCE OR COMPEL ANOTHER PERSON TO6
672	672	VOTE IN A PARTICULAR MANNER OR TO REFRAIN FROM VOTING , EXPRESSES7
673	673	SUPPORT FOR OR OPPOSITION TO A CANDIDATE WHO APPEARS ON THE8
674	674	BALLOT IN THAT ELECTION, A BALLOT QUESTION THAT APPEARS ON THE9
675	675	BALLOT IN THAT ELECTION, OR A POLITICAL PARTY WITH ONE OR MORE10
676	676	CANDIDATES WHO APPEAR ON THE BALLOT IN THAT ELECTION .11
677	677	1-7-119. Mask mandate - vaccination - testing - prohibition.12
678	678	T
679	679	HE COUNTY CLERK AND RECORDER OR DESIGNATED ELECTION OFFICIAL13
680	680	SHALL NOT REQUIRE THAT A VOTER, ELECTION WORKER, ELECTION JUDGE,14
681	681	OR ANY OTHER PERSON WEAR A FACIAL MASK AT A POLLING PLACE OR15
682	682	OTHER VOTING OR TABULATION LOCATION OR BE VACCINATED OR TESTED16
683	683	FOR A VIRUS AS A CONDITION OF ENTERING A POLLING PLACE OR OTHER17
684	684	VOTING OR TABULATING LOCATION .18
685	685	SECTION 9. In Colorado Revised Statutes, add 1-7-505.5 and19
686	686	1-7-507.5 as follows:20
687	687	1-7-505.5. Paper ballots - report. F
688	688	OR ANY PRIMARY, SPECIAL,21
689	689	OR GENERAL ELECTION, THE ELECTION JUDGES SHALL COMPARE THE22
690	690	NUMBER OF VOTES CAST AS INDICATED FROM THE PAPER BALLOTS WITH23
691	691	THE NUMBER OF VOTES CAST AS INDICATED IN THE STATEWIDE VOTER24
692	692	REGISTRATION DATABASE AND THE NUMBER OF PROVISIONAL BALLOTS25
693	693	CAST AND THAT INFORMATION SHALL BE NOTED IN A WRITTEN REPORT26
694	694	PREPARED AND SUBMITTED TO THE OFFICER IN CHARGE OF ELECTIONS27
695	695	HB22-1204
696	696	-21- ALONG WITH OTHER TALLY REPORTS . ALL BALLOTS SHALL BE COUNTED BY1
697	697	HAND.2
698	698	1-7-507.5. Proceedings at the counting center. (1) A
699	699	LL3
700	700	PROCEEDINGS AT THE COUNTING CENTER ARE UNDER THE DIRECTION OF4
701	701	THE COUNTY CLERK AND RECORDER OR DESIGNATED ELECTION OFFICIAL5
702	702	AND MUST BE CONDUCTED UNDER THE OBSERVATION OF REPRESENTATIVES6
703	703	OF EACH POLITICAL PARTY AND THE PUBLIC . THE PROCEEDINGS AT THE7
704	704	COUNTING CENTER MAY ALSO BE OBSERVED BY UP TO THREE ADDITIONAL8
705	705	PEOPLE REPRESENTING A CANDIDATE FOR NONPARTISAN OFFICE OR9
706	706	REPRESENTING A POLITICAL COMMITTEE IN SUPPORT OF OR IN OPPOSITION10
707	707	TO A BALLOT MEASURE, PROPOSITION, OR QUESTION. A DRAW BY LOT11
708	708	DETERMINES WHICH THREE GROUPS OR C ANDIDATES HAVE12
709	709	REPRESENTATIVES PARTICIPATE IN THE OBSERVATION AT THE COUNTING13
710	710	CENTER. PERSONS REPRESENTING A CANDIDATE FOR NONPARTISAN OFFICE14
711	711	OR PERSONS OR GROUPS REPRESENTING A POLITICAL COMMITTEE IN15
712	712	SUPPORT OF OR IN OPPOSITION TO A BALLOT MEASURE , PROPOSITION, OR16
713	713	QUESTION WHO ARE INTERESTED IN PARTICIPATING IN THE OBSERVATION ,17
714	714	SHALL NOTIFY THE COUNTY CLERK AND RECORDER OR DESI GNATED18
715	715	ELECTION OFFICIAL OF THEIR DESIRE TO BE INCLUDED IN THE DRAW NOT19
716	716	LATER THAN SEVENTEEN DAYS BEFORE THE ELECTION . AFTER THE20
717	717	DEADLINE TO RECEIVE SUBMISSIONS FROM THE INTERESTED PERSONS OR21
718	718	GROUPS, BUT PRIOR TO FOURTEEN DAYS BEFORE THE ELECTION , THE22
719	719	COUNTY CLERK AND RECORDER OR DESI GNATED ELECTION OFFICIAL SHALL23
720	720	DRAW BY LOT, FROM THE LIST OF THOSE WHO EXPRESSED INTEREST, THREE24
721	721	PERSONS OR GROUPS, AND THOSE SELECTED SHALL BE NOTIFIED AND25
722	722	ALLOWED TO OBSERVE THE PROCEEDINGS AT THE COUNTING CENTER . IF A26
723	723	GROUP IS SELECTED, THE GROUP MAY ALTER WHO REPRESENTS THAT27
724	724	HB22-1204
725	725	-22- GROUP FOR DIFFERENT DAYS OF OBSERVATION , BUT ON ANY GIVEN1
726	726	OBSERVATION DAY A SELECTED GROUP SHALL NOT SEND MORE THAN ONE2
727	727	OBSERVER. A GROUP MAY ROTATE AN OBSERVER THROUGHOUT THE DAY .3
728	728	O
729	729	NLY THOSE PERSONS WHO ARE AUTHORIZED FOR THE PURPOSE MAY4
730	730	TOUCH ANY BALLOT OR BALLOT CARD OR RETURN . ALL PERSONS WHO ARE5
731	731	ENGAGED IN PROCESSING AND COUNTING OF THE BALLOTS SHALL BE6
732	732	REGISTERED ELECTORS, SHALL BE DEPUTIZED IN WRITING, AND SHALL7
733	733	TAKE AN OATH THAT THEY WILL FAITHFULLY PERFORM THEIR ASSIGNED8
734	734	DUTIES. NO PREFERENTIAL COUNTING OF BALLOTS MAY BE UNDERTAKEN9
735	735	FOR THE PURPOSE OF PROJECTING THE OUTCOME OF THE ELECTION . THE10
736	736	COUNTY CLERK AND RECORDER OR DESIGNATED ELECTION OFFICIAL SHALL11
737	737	NOT ALLOW THE USE OF ELECTRONIC OR OTHER TABULATING EQUIPMENT ,12
738	738	AND ALL COUNTING SHALL BE DONE BY HAND . BALLOTS SHALL BE13
739	739	ORGANIZED AND REMAIN SEGREGATED BY PRECINCT , BOTH BEFORE AND14
740	740	AFTER COUNTING.15
741	741	(2) F
742	742	OR ANY STATEWIDE, COUNTY, OR LEGISLATIVE ELECTION, THE16
743	743	COUNTY CLERK AND RECORDER SHALL PROVIDE FOR A LIVE VIDEO17
744	744	RECORDING OF THE CUSTODY OF ALL BALLOTS WHILE THE BALLOTS ARE18
745	745	PRESENT IN A TABULATION ROOM IN THE COUNTING CENTER . THE LIVE19
746	746	VIDEO RECORDING MUST INCLUDE DATE AND TIME INDICATORS AND MUST20
747	747	BE LINKED TO THE SECRETARY OF STATE 'S WEBSITE. THE SECRETARY OF21
748	748	STATE SHALL POST LINKS TO THE VIDEO COVERAGE FOR VIEWING BY THE22
749	749	PUBLIC. THE COUNTY CLERK AND RECORDER OR OFFICER IN CHARGE OF23
750	750	ELECTIONS SHALL RECORD THE VIDEO COVERAGE OF THE BALLOTS AT THE24
751	751	COUNTING CENTER AND SHALL RETAIN THOSE RECORDINGS AS A PUBLIC25
752	752	RECORD FOR AT LEAST AS LONG AS THE CHALLENGE PERIOD FOR THE26
753	753	GENERAL ELECTION. IF THE LIVE VIDEO FEED IS DISRUPTED OR DISABLED,27
754	754	HB22-1204
755	755	-23- THE RECORDER OR OFFICER IN CHARGE OF ELECTIONS IS NOT LIABLE FOR1
756	756	THE DISRUPTION BUT SHALL ATTEMPT TO REINSTATE VIDEO COVERAGE AS2
757	757	SOON AS IS PRACTICABLE. ANY DISRUPTION IN VIDEO COVERAGE SHALL3
758	758	NOT AFFECT OR PREVENT THE CONTINUED TABULATION OF BALLOTS .4
759	759	(3) T
760	760	HE COUNTY CLERK AND RECORDER OR DESIGNATED ELECTION5
761	761	OFFICIAL SHALL MAINTAIN RECORDS THAT RECORD THE CHAIN OF6
762	762	CUSTODY FOR ALL ELECTION EQUIPMENT AND BALLOTS DURING ABSENTEE7
763	763	VOTING THROUGH THE COMPLETION OF PROVISIONAL VOTING TABULATION .8
764	764	SECTION 10. In Colorado Revised Statutes, add part 11 to9
765	765	article 7 of title 1 as follows:10
766	766	PART 1111
767	767	ABSENTEE VOTING12
768	768	1-7-1101. Absentee voting - eligibility. (1) A
769	769	BSENTEE VOTING13
770	770	IS ALLOWED IN ANY ELECTION CALLED UNDER THIS CODE , PURSUANT TO14
771	771	THIS PART 11. ANY REGISTERED ELECTOR WHO MEETS THE CRITERIA15
772	772	ESTABLISHED BY THIS SECTION MAY VOTE BY ABSENTEE BALLOT .16
773	773	(2) A
774	774	REGISTERED ELECTOR IS ALLOWED TO VOTE BY ABSENTEE17
775	775	BALLOT FOR ANY ONE OR MORE OF THE FOLLOWING REASONS :18
776	776	(a) T
777	777	HE REGISTERED ELECTOR EXPECTS TO BE OUTSIDE THIS STATE19
778	778	AT THE TIME OF THE ELECTION;20
779	779	(b) T
780	780	HE REGISTERED ELECTOR IS UNABLE TO GO TO THE POLLS21
781	781	BECAUSE THE REGISTERED ELECTOR IS HOSPITALIZED OR IN A NURSING22
782	782	HOME;23
783	783	(c) T
784	784	HE REGISTERED ELECTOR HAS A VISUAL IMPAIRMENT ; OR24
785	785	(d) T
786	786	HE REGISTERED ELECTOR IS A COVERED VOTER UNDER25
787	787	ARTICLE 8.3 OF THIS TITLE 1.26
788	788	1-7-1102. Request for ballot - civil penalties - violation -27
789	789	HB22-1204
790	790	-24- definition. (1) N OTWITHSTANDING ANY OTHER LAW , WITHIN1
791	791	NINETY-THREE DAYS BEFORE ANY ELECTION CALLED UNDER THIS CODE , A2
792	792	REGISTERED ELECTOR WHO IS ELIGIBLE UNDER SECTION 1-7-1101 (2) MAY3
793	793	MAKE A VERBAL OR SIGNED REQUEST TO THE COUNTY CLERK AND4
794	794	RECORDER OR OTHER DESIGNATED ELECTION OFFICIAL FOR AN OFFICIAL5
795	795	ABSENTEE BALLOT. IN ADDITION TO THE NAME AND ADDRESS , THE6
796	796	REQUESTING REGISTERED ELECTOR SHALL PROVIDE THE DATE OF BIRTH7
797	797	AND STATE OR COUNTRY OF BIRTH OR OTHER INFORMATION THAT IF8
798	798	COMPARED TO THE VOTER REGISTRATION INFORMATION ON FILE WOULD9
799	799	CONFIRM THE IDENTITY OF THE REGISTERED ELECTOR AND SHALL SPECIFY10
800	800	ONE OF THE REASONS FOR VOTING ABSENTEE AS SET FORTH IN SECTION11
801	801	1-7-1101
802	802	(2). IF THE REQUEST INDICATES THAT THE REGISTERED ELECTOR12
803	803	NEEDS A PRIMARY ELECTION BALLOT AND A GENERAL ELECTION BALLOT ,13
804	804	THE COUNTY CLERK AND RECORDER OR OTHER DESIGNATED ELECTION14
805	805	OFFICIAL SHALL HONOR THE REQUEST . FOR ANY PARTISAN PRIMARY15
806	806	ELECTION, IF THE REGISTERED ELECTOR IS NOT AFFILIATED WITH A16
807	807	POLITICAL PARTY, THE REGISTERED ELECTOR MAY DESIGNATE THE BALLOT17
808	808	OF ONLY ONE OF THE PARTIES PARTICIPATING IN THE PRIMARY ELECTION ,18
809	809	AND THE REGISTERED ELECTOR MAY RECEIVE AND VOTE THE BALLOT OF19
810	810	ONLY THAT ONE POLITICAL PARTY.20
811	811	(2) N
812	812	OTWITHSTANDING SUBSECTION (1) OF THIS SECTION, A21
813	813	REQUEST FOR AN OFFICIAL ABSENTEE BALLOT FROM A REGISTERED22
814	814	ELECTOR WHO IS A COVERED VOTER UNDER ARTICLE 8.3 OF THIS TITLE 123
815	815	THAT IS RECEIVED BY THE COUNTY CLERK AND RECORDER OR OTHER24
816	816	DESIGNATED ELECTION OFFICIAL MORE THAN NINETY -THREE DAYS BEFORE25
817	817	THE ELECTION IS VALID.26
818	818	(3) T
819	819	HE COUNTY CLERK AND RECORDER OR DESIGNATED ELECTION27
820	820	HB22-1204
821	821	-25- OFFICIAL SHALL MAIL THE EARLY ABSENTEE BALLOT AND THE ENVELOPE1
822	822	FOR ITS RETURN, POSTAGE PREPAID, TO THE ADDRESS PROVIDED BY THE2
823	823	REQUESTING REGISTERED ELECTOR WITHIN FIVE DAYS AFTER RECEIPT OF3
824	824	THE OFFICIAL ABSENTEE BALLOTS ; EXCEPT THAT, ABSENTEE BALLOT4
825	825	DISTRIBUTION SHALL NOT BEGIN MORE THAN TWENTY -SEVEN DAYS5
826	826	BEFORE THE ELECTION. IF AN ABSENTEE BALLOT REQUEST IS RECEIVED ON6
827	827	OR BEFORE THE THIRTY-FIRST DAY BEFORE THE ELECTION, THE ABSENTEE7
828	828	BALLOT SHALL BE DISTRIBUTED NOT EARLIER THAN THE TWENTY -SEVENTH8
829	829	DAY BEFORE THE ELECTION AND NOT LATER THAN THE TWENTY -FOURTH9
830	830	DAY BEFORE THE ELECTION.10
831	831	(4) O
832	832	NLY THE REGISTERED ELECTOR MAY BE IN POSSESSION OF11
833	833	THAT ELECTOR'S UNNOTED ABSENTEE BALLOT . IF A COMPLETE AND12
834	834	CORRECT REQUEST IS MADE BY THE REGISTERED ELECTOR WITHIN13
835	835	TWENTY-SEVEN DAYS BEFORE THE ELECTION, THE MAILING MUST BE MADE14
836	836	WITHIN FORTY-EIGHT HOURS AFTER RECEIPT OF THE REQUEST .15
837	837	S
838	838	ATURDAYS, SUNDAYS, AND OTHER STATE OR FEDERAL LEGAL HOLIDAYS16
839	839	ARE EXCLUDED FROM THE COMPUTATION OF THE FORTY -EIGHT HOUR17
840	840	PERIOD PRESCRIBED BY THIS SUBSECTION (4). IF A COMPLETE AND18
841	841	CORRECT REQUEST IS MADE BEFORE THE ELECTION BY A REGISTERED19
842	842	ELECTOR WHO IS A COVERED VOTER UNDER ARTICLE 8.3 OF THIS TITLE 1,20
843	843	THE ABSENTEE BALLOT SHALL BE TRANSMITTED BY MAIL , FAX, OR OTHER21
844	844	ELECTRONIC FORMAT APPROVED BY THE SECRETARY OF STATE WITHIN22
845	845	TWENTY-FOUR HOURS, EXCLUDING SUNDAYS.23
846	846	(5) I
847	847	N ORDER TO BE COMPLETE AND CORRECT AND TO RECEIVE AN24
848	848	ABSENTEE BALLOT BY MAIL, A REGISTERED ELECTOR'S REQUEST THAT AN25
849	849	ABSENTEE BALLOT BE MAILED TO THE REGISTERED ELECTOR 'S RESIDENCE26
850	850	OR TEMPORARY ADDRESS MUST INCLUDE ALL OF THE INFORMATION27
851	851	HB22-1204
852	852	-26- PRESCRIBED BY SUBSECTIONS (1) AND (2) OF THIS SECTION AND MUST BE1
853	853	RECEIVED BY THE COUNTY CLERK AND RECORDER OR DESIGNATED2
854	854	ELECTION OFFICIAL NOT LATER THAN 5:00 P.M. ON THE ELEVENTH DAY3
855	855	BEFORE THE ELECTION. IF A REGISTERED ELECTOR'S REQUEST TO RECEIVE4
856	856	AN ABSENTEE BALLOT IS NOT COMPLETE AND CORRECT BUT COMPLIES5
857	857	WITH ALL OTHER REQUIREMENTS OF THIS SECTION , THE COUNTY CLERK6
858	858	AND RECORDER OR DESIGNATED ELECTION OFFICIAL SHALL ATTEMPT TO7
859	859	NOTIFY THE ELECTOR OF THE DEFICIENCY OF THE REQUEST .8
860	860	(6) T
861	861	HE COUNTY CLERK AND RECORDER OR DESIGNATED ELECTION9
862	862	OFFICIAL SHALL MAINTAIN AN ALPHABETIZED LIST OF ALL VOTERS IN THE10
863	863	PRECINCT WHO HAVE REQUESTED AND HAVE BEEN SENT AN ABSENTEE11
864	864	BALLOT.12
865	865	(7) A
866	866	S A RESULT OF EXPERIENCING AN EMERGENCY BETWEEN 5:0013
867	867	P.M. ON THE FRIDAY PRECEDING THE ELECTION AND 5:00 P.M. ON THE14
868	868	M
869	869	ONDAY PRECEDING THE ELECTION, REGISTERED ELECTORS MAY REQUEST15
870	870	TO VOTE IN THE MANNER PRESCRIBED BY THE COUNTY CLERK AND16
871	871	RECORDER OF THEIR RESPECTIVE COUNTY . BEFORE VOTING, PURSUANT TO17
872	872	THIS SUBSECTION (7), A REGISTERED ELECTOR WHO EXPERIENCES AN18
873	873	EMERGENCY SHALL PROVIDE IDENTIFICATION AND SHALL SIGN A19
874	874	STATEMENT UNDER PENALTY OF PERJURY THAT STATES THAT THE PERSON20
875	875	IS EXPERIENCING OR EXPERIENCED AN EMERGENCY AFTER 5:00 P.M. ON21
876	876	THE FRIDAY IMMEDIATELY PRECEDING THE ELECTION AND BEFORE 5:0022
877	877	P.M. ON THE MONDAY IMMEDIATELY PRECEDING THE ELECTION THAT23
878	878	WOULD PREVENT THE PERSON FROM VOTING AT THE POLLS . SIGNED24
879	879	STATEMENTS RECEIVED PURSUANT TO THIS SUBSECTION (7) ARE NOT25
880	880	SUBJECT TO INSPECTION PURSUANT TO PART 2 OF ARTICLE 72 OF TITLE 24.26
881	881	A
882	882	S USED IN THIS SUBSECTION (7), "EMERGENCY" MEANS ANY UNFORESEEN27
883	883	HB22-1204
884	884	-27- CIRCUMSTANCES THAT WOULD PREVENT THE ELECTOR FROM VOTING AT1
885	885	THE POLLS.2
886	886	(8) A
887	887	COUNTY CLERK AND RECORDER OR DESIGNATED ELECTION3
888	888	OFFICIAL SHALL NOT DELIVER OR MAIL AN ABSENTEE BALLOT TO A PERSON4
889	889	WHO HAS NOT REQUESTED AN ABSENTEE BALLOT FOR THAT ELECTION5
890	890	PURSUANT TO THIS SECTION. AN ELECTION OFFICIAL WHO KNOWINGLY6
891	891	VIOLATES THIS SUBSECTION (8) IS GUILTY OF A MISDEMEANOR AND SHALL7
892	892	BE PUNISHED AS PROVIDED IN SECTION 1-13-111.8
893	893	1-7-1103. Ballot affidavit - form. (1) T
894	894	HE ABSENTEE BALLOT9
895	895	MUST BE ACCOMPANIED BY AN ENVELOPE BEARING ON THE FRONT , THE10
896	896	NAME, OFFICIAL TITLE, AND POST OFFICE ADDRESS OF THE COUNTY CLERK11
897	897	AND RECORDER OR DESIGNATED ELECTION OFFICIAL AND ON THE OTHER12
898	898	SIDE, A PRINTED AFFIDAVIT IN THE FOLLOWING FORM :13
899	899	I
900	900	DECLARE THE FOLLOWING UNDER PENALTY OF PERJURY : I14
901	901	AM A REGISTERED VOTER IN ______ COUNTY, COLORADO;15
902	902	I
903	903	EXPECT TO BE ABSENT FROM THIS STATE AT THE TIME OF16
904	904	THE ELECTION OR I AM PHYSICALLY UNABLE TO GO TO THE17
905	905	POLLS BECAUSE I AM IN THE HOSPITAL OR A NURSING HOME18
906	906	OR BECAUSE I AM VISUALLY IMPAIRED, OR I AM AN ABSENT19
907	907	UNIFORMED SERVICES VOTER OR OVERSEAS VOTER ; I HAVE20
908	908	NOT VOTED AND WILL NOT VOTE IN THIS ELECTION IN ANY21
909	909	OTHER COUNTY OR STATE ; I UNDERSTAND THAT22
910	910	KNOWINGLY VOTING MORE THAN ONCE IN ANY ELECTION IS23
911	911	A MISDEMEANOR; AND I VOTED THE ENCLOSED BALLOT AND24
912	912	SIGNED THIS AFFIDAVIT PERSONALLY , UNLESS NOTED25
913	913	BELOW.26
914	914	I
915	915	F THE VOTER WAS ASSISTED BY ANOTHER PERSON IN27
916	916	HB22-1204
917	917	-28- MARKING THE BALLOT, COMPLETE THE FOLLOWING:1
918	918	I
919	919	DECLARE THE FOLLOWING UNDER PENALTY OF PERJURY :2
920	920	A
921	921	T THE REGISTERED VOTER'S REQUEST, I ASSISTED THE3
922	922	VOTER IDENTIFIED IN THIS AFFIDAVIT WITH MARKING THE4
923	923	VOTER'S BALLOT; I MARKED THE BALLOT AS DIRECTLY5
924	924	INSTRUCTED BY THE VOTER; I PROVIDED THE ASSISTANCE6
925	925	BECAUSE THE VOTER WAS PHYSICALLY UNABLE TO MARK7
926	926	THE BALLOT SOLELY DUE TO ILLNESS, INJURY, OR PHYSICAL8
927	927	LIMITATION; AND I UNDERSTAND THAT THERE IS NO POWER9
928	928	OF ATTORNEY FOR VOTING AND THAT THE VOTER MUST BE10
929	929	ABLE TO MAKE THE VOTER'S SELECTION EVEN IF THE VOTER11
930	930	CANNOT PHYSICALLY MARK THE BALLOT .12
931	931	N
932	932	AME OF VOTER ASSISTANT: ___________13
933	933	A
934	934	DDRESS OF VOTER ASSISTANT: ____________14
935	935	(2) T
936	936	HE FACE OF EACH ENVELOPE IN WHICH A BALLOT IS SENT TO15
937	937	A FEDERAL POSTCARD APPLICANT OR IN WHICH A BALLOT IS RETURNED BY16
938	938	THE APPLICANT TO THE RECORDER OR OTHER OFFICER IN CHARGE OF17
939	939	ELECTIONS MUST BE IN THE FORM PRESCRIBED IN ACCORDANCE WITH THE18
940	940	FEDERAL "UNIFORMED AND OVERSEAS CITIZENS ABSENTEE VOTING19
941	941	A
942	942	CT", 52 U.S.C. SEC. 20301 ET SEQ. OTHERWISE, THE ENVELOPES MUST BE20
943	943	THE SAME AS THOSE USED TO SEND BALLOTS TO OR RECEIVE BALLOTS21
944	944	FROM OTHER ABSENTEE VOTERS .22
945	945	(3) T
946	946	HE OFFICER CHARGED BY LAW WITH THE DUTY OF PREPARING23
947	947	BALLOTS AT ANY ELECTION SHALL ENSURE THAT THE ABSENTEE BALLOT24
948	948	IS SENT IN AN ENVELOPE THAT STATES THE FOLLOWING :25
949	949	I
950	950	F THE ADDRESSEE DOES NOT RESIDE AT THIS ADDRESS ,26
951	951	MARK THE UNOPENED ENVELOPE "RETURN TO SENDER", AND27
952	952	HB22-1204
953	953	-29- DEPOSIT IT IN THE UNITED STATES MAIL.1
954	954	(4) T
955	955	HE COUNTY CLERK AND RECORDER OR DESIGNATED ELECTION2
956	956	OFFICIAL SHALL SUPPLY PRINTED INSTRUCTIONS TO ABSENTEE VOTERS3
957	957	THAT DIRECT THEM TO SIGN THE AFFIDAVIT , MARK THE BALLOT, AND4
958	958	RETURN BOTH IN THE ENCLOSED , SELF-ADDRESSED ENVELOPE THAT5
959	959	COMPLIES WITH SECTION 1-7-1104. THE INSTRUCTIONS SHALL INCLUDE6
960	960	THE FOLLOWING STATEMENT :7
961	961	I
962	962	N ORDER TO BE VALID AND COUNTED , THE BALLOT AND8
963	963	AFFIDAVIT MUST BE DELIVERED TO THE OFFICE OF THE9
964	964	COUNTY CLERK AND RECORDER OR DESIGNATED ELECTION10
965	965	OFFICIAL OR MAY BE DEPOSITED AT ANY POLLING PLACE IN11
966	966	THE COUNTY NOT LATER THAN 7:00 P.M. ON ELECTION DAY.12
967	967	T
968	968	HE BALLOT WILL NOT BE COUNTED WITHOUT THE VOTER 'S13
969	969	SIGNATURE ON THE ENVELOPE.14
970	970	1-7-1104. Absentee ballot. (1) T
971	971	HE ABSENTEE BALLOT MUST BE15
972	972	ONE PREPARED FOR USE IN THE PRECINCT IN WHICH THE APPLICANT16
973	973	RESIDES AND, IF A PARTISAN PRIMARY ELECTION, OF THE POLITICAL PARTY17
974	974	WITH WHICH THE APPLICANT IS AFFILIATED, AS SHOWN BY THE AFFIDAVIT18
975	975	OF REGISTRATION. THE BALLOT MUST BE IDENTICAL WITH THE REGULAR19
976	976	OFFICIAL BALLOTS; EXCEPT THAT, IT MUST HAVE PRINTED OR STAMPED ON20
977	977	IT "ABSENTEE".21
978	978	(2) T
979	979	HE OFFICER CHARGED BY LAW WITH THE DUTY OF PREPARING22
980	980	BALLOTS AT ANY ELECTION SHALL :23
981	981	(a) P
982	982	REPARE THE OFFICIAL ABSENTEE BALLOTS AND DELIVER A24
983	983	SUFFICIENT NUMBER TO THE COUNTY CLERK AND RECORDER OR25
984	984	DESIGNATED ELECTION OFFICIAL NOT LATER THAN THE THIRTY -THIRD DAY26
985	985	BEFORE THE ELECTION; AND27
986	986	HB22-1204
987	987	-30- (b) ENSURE THAT THE BALLOT RETURN ENVELOPES ARE OF A TYPE1
988	988	THAT DOES NOT REVEAL THE ELECTOR 'S SELECTIONS OR POLITICAL PARTY2
989	989	AFFILIATION AND THAT IS TAMPER EVIDENT WHEN PROPERLY SEALED .3
990	990	1-7-1105. Replacement ballots. (1) T
991	991	HE COUNTY CLERK AND4
992	992	RECORDER OR DESIGNATED ELECTION OFFICIAL SHALL DETERMINE A5
993	993	CENTRAL LOCATION IN THE DISTRICT AND SHALL PROVIDE FOR A BALLOT6
994	994	REPLACEMENT CENTER THAT IS AS NEAR TO THAT LOCATION AS IS7
995	995	PRACTICABLE FOR REGISTERED ELECTORS TO OBTAIN A REPLACEMENT8
996	996	BALLOT. THE LOCATION SHALL BE OPEN FROM 6:00 A.M. UNTIL 7:00 P.M.9
997	997	OF THE DAY OF THE ELECTION. AN ELECTOR MAY OBTAIN A REPLACEMENT10
998	998	BALLOT UNTIL 7:00 P.M. ON THE DAY OF THE ELECTION BY PRESENTING A11
999	999	SIGNED, SWORN STATEMENT THAT THE ABSENTEE BALLOT WAS LOST ,12
1000	1000	SPOILED, DESTROYED, OR NOT RECEIVED.13
1001	1001	(2) T
1002	1002	HE COUNTY CLERK AND RECORDER OR DESIGNATED ELECTION14
1003	1003	OFFICIAL SHALL KEEP A RECORD OF EACH REPLACEMENT BALLOT15
1004	1004	PROVIDED PURSUANT TO THIS SECTION .16
1005	1005	(3) I
1006	1006	F AN ELECTOR TO WHOM A REPLACEMENT BALLOT IS ISSUED17
1007	1007	VOTES MORE THAN ONCE , ONLY THE FIRST BALLOT RECEIVED SHALL BE18
1008	1008	COUNTED.19
1009	1009	SECTION 11. In Colorado Revised Statutes, add 1-10.5-101.520
1010	1010	as follows:21
1011	1011	1-10.5-101.5. Court-ordered recount. A
1012	1012	DISTRICT COURT TO22
1013	1013	WHICH FACTS REQUIRING A RECOUNT ARE CERTIFIED SHALL PROMPTLY23
1014	1014	ENTER AN ORDER REQUIRING A RECOUNT OF ALL THE VOTES CAST FOR24
1015	1015	SUCH OFFICE, MEASURE, OR PROPOSAL. THE RECOUNT SHALL BE25
1016	1016	CONDUCTED IN ACCORDANCE WITH THIS PART 1.26
1017	1017	SECTION 12. In Colorado Revised Statutes, 1-13-712, repeal (2)27
1018	1018	HB22-1204
1019	1019	-31- and (3) as follows:1
1020	1020	1-13-712. Disclosing or identifying vote. (2) No person shall2
1021	1021	endeavor to induce any voter to show how he marked his ballot.3
1022	1022	(3) No election official, watcher, or person shall reveal to any4
1023	1023	other person the name of any candidate for whom a voter has voted or5
1024	1024	communicate to another his opinion, belief, or impression as to how or for6
1025	1025	whom a voter has voted.7
1026	1026	SECTION 13. In Colorado Revised Statutes, add 1-13-724,8
1027	1027	1-13-725, and 1-13-726 as follows:9
1028	1028	1-13-724. Counterfeiting election returns. (1) A
1029	1029	PERSON WHO10
1030	1030	KNOWINGLY FORGES OR COUNTERFEITS RETURNS OF AN ELECTION11
1031	1031	PURPORTING TO HAVE BEEN HELD AT A PRECINCT OR PLACE WHERE NO12
1032	1032	ELECTION WAS IN FACT HELD, OR WHO KNOWINGLY SUBSTITUTES , FORGES,13
1033	1033	OR COUNTERFEITS RETURNS OF ELECTION INSTEAD OF THE TRUE RETURNS14
1034	1034	FOR A PRECINCT OR PLACE WHERE AN ELECTION WAS ACTUALLY HELD , IS15
1035	1035	GUILTY OF A CLASS 4 FELONY AND SHALL BE PUNISHED AS PROVIDED IN16
1036	1036	SECTION 18-1.3-401.17
1037	1037	(2) A
1038	1038	PERSON WHO KNOWINGLY SUBSTITUTES , FORGES,18
1039	1039	COUNTERFEITS, OR TAMPERS WITH BALLOT TABULATIONS OR TOTALS OR19
1040	1040	ELECTION RESULTS BY ELECTRONIC MEANS OR THROUGH THE USE OF A20
1041	1041	COMPUTER, MACHINE, OR OTHER DEVICE IS GUILTY OF A CLASS 4 FELONY21
1042	1042	AND SHALL BE PUNISHED AS PROVIDED IN SECTION 18-1.3-401. THIS22
1043	1043	SUBSECTION (2) DOES NOT APPLY TO THE CASTING OR TALLYING OF23
1044	1044	BALLOTS AS PROVIDED BY LAW.24
1045	1045	1-13-725. Unlawful acts by voters with respect to voting. (1) A25
1046	1046	VOTER WHO KNOWINGLY COMMITS ANY OF THE FOLLOWING ACTS IS26
1047	1047	GUILTY OF A MISDEMEANOR AND SHALL BE PUNISHED AS PROVIDED IN27
1048	1048	HB22-1204
1049	1049	-32- SECTION 1-13-111:1
1050	1050	(a) M
1051	1051	AKES A FALSE STATEMENT AS TO THE VOTER 'S INABILITY TO2
1052	1052	MARK A BALLOT;3
1053	1053	(b) I
1054	1054	NTERFERES WITH A VOTER WITHIN THE ONE -HUNDRED-FOOT4
1055	1055	LIMIT OF THE POLLING PLACE AS POSTED BY THE DESIGNATED ELECTION5
1056	1056	OFFICIAL OR WITHIN ONE HUNDRED FEET OF THE MAIN OUTSIDE ENTRANCE6
1057	1057	TO AN ON-SITE VOTING LOCATION;7
1058	1058	(c) E
1059	1059	NDEAVORS, WHILE WITHIN THE ONE-HUNDRED-FOOT LIMIT8
1060	1060	FOR A POLLING PLACE OR ON-SITE VOTING LOCATION, TO INDUCE A VOTER9
1061	1061	TO VOTE FOR OR AGAINST A PARTICULAR CANDIDATE OR ISSUE ;10
1062	1062	(d) B
1063	1063	EFORE THE CLOSE OF AN ELECTION, DEFACES OR DESTROYS A11
1064	1064	SAMPLE BALLOT POSTED BY ELECTION OFFICERS OR DEFACES , TEARS12
1065	1065	DOWN, REMOVES, OR DESTROYS A CARD OF INSTRUCTIONS POSTED FOR THE13
1066	1066	INSTRUCTION OF VOTERS;14
1067	1067	(e) R
1068	1068	EMOVES OR DESTROYS SUPPLIES OR CONVENIENCES15
1069	1069	FURNISHED TO ENABLE A VOTER TO PREPARE THE VOTER 'S BALLOT;16
1070	1070	(f) H
1071	1071	INDERS THE VOTING OF OTHERS; OR17
1072	1072	(g) V
1073	1073	OTES IN A COUNTY IN WHICH THE VOTER NO LONGER RESIDES .18
1074	1074	1-13-726. Additional unlawful acts by persons with respect to19
1075	1075	voting. (1) A
1076	1076	PERSON WHO KNOWINGLY COMMITS ANY OF THE FOLLOWING20
1077	1077	ACTS IS GUILTY OF A MISDEMEANOR AND SHALL BE PUNISHED AS PROVIDED21
1078	1078	IN SECTION 1-13-111:22
1079	1079	(a) K
1080	1080	NOWINGLY ELECTIONEERS ON ELECTION DAY WITHIN A23
1081	1081	POLLING PLACE OR IN A PUBLIC MANNER WITHIN ONE HUNDRED FEET OF24
1082	1082	THE MAIN OUTSIDE ENTRANCE OF A POLLING PLACE OR ON -SITE VOTING25
1083	1083	LOCATION;26
1084	1084	(b) I
1085	1085	NTENTIONALLY DISABLES OR REMOVES FROM THE POLLING27
1086	1086	HB22-1204
1087	1087	-33- PLACE, ON-SITE VOTING LOCATION, OR CUSTODY OF AN ELECTION OFFICIAL1
1088	1088	A VOTING MACHINE OR A VOTING RECORD ;2
1089	1089	(c) S
1090	1090	HOWS ANOTHER VOTER'S BALLOT TO ANY PERSON AFTER IT IS3
1091	1091	PREPARED FOR VOTING IN SUCH A MANNER AS TO REVEAL THE CONTENTS ,4
1092	1092	EXCEPT TO AN AUTHORIZED PERSON LAWFULLY ASSISTING THE VOTER . A5
1093	1093	VOTER WHO MAKES AVAILABLE AN IMAGE OF THE VOTER 'S OWN BALLOT6
1094	1094	BY POSTING ON THE INTERNET OR IN SOME OTHER ELECTRONIC MEDIUM IS7
1095	1095	DEEMED TO HAVE CONSENTED TO RETRANSMITTAL OF THAT IMAGE AND8
1096	1096	THAT RETRANSMITTAL DOES NOT CONSTITUTE A VIOLATION OF THIS9
1097	1097	SECTION.10
1098	1098	(d) K
1099	1099	NOWINGLY SOLICITS A VOTER TO SHOW THE VOTER 'S BALLOT,11
1100	1100	OR RECEIVES FROM A VOTER A BALLOT PREPARED FOR VOTING , UNLESS12
1101	1101	THE PERSON IS AN ELECTION OFFICIAL OR OTHERWISE AUTHORIZED BY13
1102	1102	LAW;14
1103	1103	(e) K
1104	1104	NOWINGLY RECEIVES AN OFFICIAL BALLOT FROM A PERSON15
1105	1105	OTHER THAN AN ELECTION OFFICIAL HAVING CHARGE OF THE BALLOTS ;16
1106	1106	(f) K
1107	1107	NOWINGLY DELIVERS AN OFFICIAL BALLOT TO A VOTER ,17
1108	1108	UNLESS THE VOTER IS AN ELECTION OFFICIAL;18
1109	1109	(g) E
1110	1110	XCEPT FOR A COMPLETED BALLOT TRANSMI TTED BY AN19
1111	1111	ELECTOR BY FAX OR OTHER ELECTRONIC FORMAT IF AUTHORIZED BY LAW ,20
1112	1112	KNOWINGLY PLACES A MARK ON THE VOTER 'S BALLOT BY WHICH IT CAN BE21
1113	1113	IDENTIFIED AS THE ONE VOTED BY THE VOTER ; OR22
1114	1114	(h) A
1115	1115	FTER HAVING RECEIVED A BALLOT AS A VOTER , KNOWINGLY23
1116	1116	FAILS TO RETURN THE BALLOT TO THE ELECTION OFFICIAL BEFORE24
1117	1117	LEAVING THE POLLING PLACE OR ON-SITE VOTING LOCATION.25
1118	1118	SECTION 14. In Colorado Revised Statutes, 1-5-105, amend (4)26
1119	1119	as follows:27
1120	1120	HB22-1204
1121	1121	-34- 1-5-105. Restrictions. (4) For the purposes of subsection (1) of1
1122	1122	this section and section 1-13-714 SECTION 1-13-726 (1)(a), when a polling2
1123	1123	location or drop-off location is within a multi-use building such as a3
1124	1124	shopping mall or county office building, the "building" is considered the4
1125	1125	room in which ballots are cast, any waiting room or hall where electors5
1126	1126	wait to vote, as well as a primary corridor where electors walk to an6
1127	1127	interior polling location, or drop-off location, and the designated exterior7
1128	1128	door to the multi-use building in which the polling location or drop-off8
1129	1129	location is located.9
1130	1130	SECTION 15. In Colorado Revised Statutes, 1-5-504.5, repeal10
1131	1131	(1)(b) as follows:11
1132	1132	1-5-504.5. Items to be posted at polling locations. (1) The12
1133	1133	following items shall be posted at each polling location:13
1134	1134	(b) A sign notifying persons outside and inside of the polling14
1135	1135	location that no electioneering is permitted within one hundred feet of the15
1136	1136	polling location pursuant to section 1-13-714;16
1137	1137	SECTION 16. In Colorado Revised Statutes, 1-6-114, amend (4)17
1138	1138	as follows:18
1139	1139	1-6-114. Judges - oath required - electioneering prohibited.19
1140	1140	(4) A person shall not engage in electioneering as defined in section20
1141	1141	1-13-714, or wear or display apparel, buttons, or other materials that21
1142	1142	promote or oppose a political party, candidate, ballot issue, or ballot22
1143	1143	question while serving as an election judge.23
1144	1144	SECTION 17. In Colorado Revised Statutes, repeal 1-5-102.9,24
1145	1145	1-7-507, 1-7-509, 1-7-510, 1-7-511, 1-7-512, 1-7-515, 1-13-713,25
1146	1146	1-13-714, and article 7.5 of title 1.26
1147	1147	SECTION 18. Act subject to petition - effective date. This act27
1148	1148	HB22-1204
1149	1149	-35- takes effect at 12:01 a.m. on the day following the expiration of the1
1150	1150	ninety-day period after final adjournment of the general assembly; except2
1151	1151	that, if a referendum petition is filed pursuant to section 1 (3) of article V3
1152	1152	of the state constitution against this act or an item, section, or part of this4
1153	1153	act within such period, then the act, item, section, or part will not take5
1154	1154	effect unless approved by the people at the general election to be held in6
1155	1155	November 2022 and, in such case, will take effect on the date of the7
1156	1156	official declaration of the vote thereon by the governor.8
1157	1157	HB22-1204
1158	1158	-36-