Second Regular Session
Seventy-third General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 22-0557.01 Megan Waples x4348
HOUSE BILL 22-1204
House Committees Senate Committees
State, Civic, Military, & Veterans Affairs
A BILL FOR AN ACT
C
ONCERNING ELECTION SYSTEMS , AND, IN CONNECTION THEREWITH ,101
REQUIRING VOTES TO BE CAST IN PERSON ON ELECTION DAY ,102
LIMITING THE USE OF ELECTRONIC VOTING SYSTEMS ,103
ESTABLISHING REQUIREMENTS FOR PRECINCT POLLING PLACES ,104
REQUIRING THE SECRETARY OF STATE TO WITH DRAW THE STATE105
FROM THE ELECTRONIC REGISTRATION INFORMATION CENTER ,106
AND ESTABLISHING ADDITIONAL REQUIREMENTS FOR THE107
CONDUCT OF ELECTIONS .108
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
HOUSE SPONSORSHIP
Hanks,
SENATE SPONSORSHIP
(None),
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing statute.
Dashes through the words indicate deletions from existing statute. http://leg.colorado.gov.)
The bill makes changes to the laws governing elections. The
secretary of state is required, within 30 days after the effective date of the
bill, to withdraw the state from participation in the electronic registration
information system.
Voters are required to cast their ballots in person at the voters'
precinct polling place on election day, unless the voter has completed a
valid request for an absentee ballot. A voter may request an absentee
ballot if the voter will be out of the state on election day, is hospitalized
or in a nursing home, has a visual impairment, or is a uniformed overseas
voter. All ballots are required to be counted by hand. Counting and
canvassing must be completed within 24 hours after polls close. County
clerk and recorders are required to mail ballots to electors prior to election
day, with written instructions advising that the voter must appear in
person at a precinct polling place to cast the ballot. A person is required
to show a valid state-issued identification to vote.
County clerk and recorders are required to divide the county into
precincts and to designate adequate and reasonable polling places in each
precinct. County clerk and recorders are required to use schools and
government buildings as polling places when possible and are prohibited
from changing a polling place in a precinct unless the electors of the
precinct are given 2 years notice, or in the event of an emergency
rendering the original polling place unusable.
The bill establishes new requirements for the certification and use
of electronic voting systems. The secretary of state (secretary) is required
to create a committee consisting of a member of the faculty in the
engineering department at a state institution of higher education, a
member of the state bar of Colorado, and one person familiar with voting
processes in the state. The committee must test voting systems and make
recommendations to the secretary, who is then required to make final
adoption of the systems to be certified for use in the state. Use of
electronic voting systems is limited to complying with accessibility
requirements for voters who are blind or visually impaired established in
the bill.
The bill makes additional changes to the election laws, including:
! Requiring county clerk and recorders to send sample ballot
proofs of primary ballots to party committee chairs, and to
send a proof of the general election ballot to any candidate
who was not on the primary ballot;
! Establishing a 100-foot limit around polling places,
requiring voters to promptly leave the 100-foot area after
voting, and allowing electioneering activity outside the
100-foot limit except in specific circumstances;
! Requiring ballots to be printed on anti-fraud paper;
HB22-1204
-2- ! Allowing a court to order a recount when presented with
facts that require one; and
! Establishing new election offenses related to unlawful acts
by voters and other persons.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, add 1-1-107.5 as2
follows:3
1-1-107.5. Participation in interstate organizations. T
HE4
SECRETARY OF STATE SHALL, WITHIN THIRTY DAYS AFTER THE EFFECTIVE5
DATE OF THIS SECTION, WITHDRAW THE STATE FROM PARTICIPATION IN THE6
ELECTRONIC REGISTRATION INFORMATION CENTER .7
SECTION 2. In Colorado Revised Statutes, 1-4-1204, repeal (2)8
as follows:9
1-4-1204. Names on ballots. (2) The names of candidates
10
appearing on any presidential primary ballot must be in an order11
determined by lot. The secretary of state shall determine the method of12
drawing lots.13
SECTION 3. In Colorado Revised Statutes, add 1-4-1204.5 as14
follows:15
1-4-1204.5. Form and content of ballot. (1) A
T THE TOP OF16
EACH PARTY'S PRESIDENTIAL PRIMARY BALLOT MUST BE PRINTED :17
"O
FFICIAL BALLOT OF THE _____ PARTY, PRESIDENTIAL PRIMARY18
ELECTION (DATE), COUNTY OF _______, STATE OF COLORADO".19
(2) T
HE ORDER OF THE NAMES OF CERTIFIED CANDIDATES ON THE20
BALLOT SHALL BE DETERMINED BY LOTS DRAWN AT A PUBLIC MEETING21
CALLED BY THE SECRETARY OF STATE FOR THAT PURPOSE . ROTATION OF22
CANDIDATE NAMES IS PROHIBITED. THE CERTIFIED CANDIDATES MUST BE23
HB22-1204-3- LISTED UNDER THE TITLE: "_______ PARTY CANDIDATES FOR PRESIDENT1
OF THE UNITED STATES". IMMEDIATELY BELOW MUST BE PRINTED : "VOTE2
FOR NOT MORE THAN ONE ". THE BALLOT MAY ALSO CONTAIN PRINTED3
INSTRUCTIONS TO VOTERS AS PRESCRIBED FOR OTHER ELECTIONS .4
(3) T
HE COUNTY CLERK AND RECORDER SHALL PROVIDE A SAMPLE5
BALLOT PROOF TO THE STATE CENTRAL COMMITTEE CHAIR OF EACH6
QUALIFIED CANDIDATE'S STATE COMMITTEE NOT LATER THAN FIVE DAYS7
AFTER RECEIVING THE CERTIFICATION FROM THE SECRETARY OF STATE .8
SECTION 4. In Colorado Revised Statutes, add 1-4-1205.5 as9
follows:10
1-4-1205.5. Absentee voting in presidential primary - satellite11
locations. (1) A
BSENT UNIFORMED SERVICES VOTERS OR OVERSEAS12
VOTERS WHO ARE OTHERWISE ELIGIBLE TO VOTE IN THE ELECTION MAY13
VOTE AS PRESCRIBED BY ARTICLE 8.3 OF THIS TITLE 1.14
(2) T
HE COUNTY CLERK AND RECORDER SHALL ESTABLISH15
ELECTION DAY ON-SITE VOTING LOCATIONS AT THE OFFICE OF THE COUNTY16
CLERK AND RECORDER OR AT OTHER LOCATIONS IN THE COUNTY DEEMED17
NECESSARY OR APPROPRIATE BY THE COUNTY CLERK AND RECORDER .18
(3) T
HE COUNTY CLERK AND RECORDER SHALL SEND BY19
NONFORWARDABLE MAIL THAT IS MARKED WITH THE STATEMENT20
REQUIRED BY THE POSTMASTER TO RECEIVE AN ADDRESS CORRECTION21
NOTIFICATION ABSENTEE BALLOTS T HAT ARE REQUESTED PURSUANT TO22
SUBSECTION (1) OF THIS SECTION AND SHALL INCLUDE A PREADDRESSED23
ENVELOPE FOR THE ELECTOR TO RETURN THE COMPLETED BALLOT .24
(4) A
PERSON WHO IS SENT AN ABSENTEE BALLOT SHALL NOT VOTE25
AT A POLLING PLACE.26
SECTION 5. In Colorado Revised Statutes, repeal and reenact,27
HB22-1204
-4- with amendments, 1-5-101 as follows:1
1-5-101. Establishing precincts and polling places for partisan2
elections. (1) T
HE COUNTY CLERK AND RECORDER , ON OR BEFORE3
O
CTOBER 1 OF EACH YEAR PRECEDING THE YEAR OF A GENERAL ELECTION ,4
BY AN ORDER, SHALL ESTABLISH A CONVENIENT NUMBER OF ELECTION5
PRECINCTS IN THE COUNTY AND DEFINE THE BOUNDARIES OF THE6
PRECINCTS. THE ELECTION PRECINCT BOUNDARIES SHALL BE ESTABLISHED7
SO AS TO BE INCLUDED WITHIN ELECTION DISTRICTS PRESCRIBED BY LAW8
FOR ELECTED OFFICERS OF THE STATE AND ITS POLITICAL SUBDIVISIONS .9
T
HE COUNTY CLERK AND RECORDER SHALL NOT ESTABLISH AN ELECTION10
PRECINCT THAT HAS MORE THAN ONE THOUSAND FIVE HUNDRED ACTIVE11
ELIGIBLE ELECTORS ON THE DATE THE ELECTION PRECINCT 'S BOUNDARIES12
ARE ESTABLISHED.13
(2) N
OTWITHSTANDING ANY OTHER LAW , AT LEAST TWENTY DAYS14
BEFORE A GENERAL OR PRIMARY ELECTION , AND AT LEAST TEN DAYS15
BEFORE A SPECIAL ELECTION, THE COUNTY CLERK AND RECORDER SHALL16
DESIGNATE ONE POLLING PLACE WITHIN EACH PRECINCT WHERE THE17
ELECTION SHALL BE HELD; EXCEPT THAT:18
(a) O
N A SPECIFIC FINDING OF THE COUNTY CLERK AND RECORDER ,19
INCLUDED IN THE ORDER DESIGNATING POLLING PLACES PURS UANT TO THIS20
SUBSECTION (2), THAT NO SUITABLE POLLING PLACE IS AVAILABLE WITHIN21
A PRECINCT, A POLLING PLACE FOR THAT PRECINCT MAY BE DESIGNATED22
WITHIN AN ADJACENT PRECINCT;23
(b) A
DJACENT PRECINCTS MAY BE COMBINED IF BOUNDARIES SO24
ESTABLISHED ARE INCLUDED IN ELECTION DISTRICTS PRESCRIBED BY LAW25
FOR STATE ELECTED OFFICIALS AND POLITICAL SUBDIVISIONS . THE26
DESIGNATED ELECTION OFFICIAL MAY ALSO SPLIT A PRECINCT FOR27
HB22-1204
-5- ADMINISTRATIVE PURPOSES. THE POLLING PLACES SHALL BE LISTED IN1
SEPARATE SECTIONS OF THE ORDER.2
(c) T
HE COUNTY CLERK AND RECORDER SHALL ENSURE THAT A3
REASONABLE AND ADEQUATE NUMBER OF POLLING PLACES IN EACH4
PRECINCT WILL BE DESIGNATED FOR THAT ELECTION . ANY CONSOLIDATED5
POLLING PLACES SHALL BE LISTED IN SEPARATE SECTIONS OF THE ORDER6
OF THE COUNTY CLERK AND RECORDER .7
(d) T
HE COUNTY CLERK AND RECORDER SHALL NOT AUTHORIZE8
THE USE OF VOTER SERVICE AND POLLING CENTERS IN PLACE OF OR IN9
ADDITION TO THE SPECIFICALLY DESIGNATED POLLING PLACES ; AND10
(e) T
HE COUNTY CLERK AND RECORDER SHALL NOT CHANGE A11
POLLING PLACE UNLESS THE REGISTERED ELECTORS IN THAT PRECINCT ARE12
NOTIFIED BY MAIL AT LEAST TWO YEARS IN ADVANCE THAT THE POLLING13
PLACE HAS CHANGED.14
(3) I
F THE COUNTY CLERK AND RECORDER FAILS TO DESIGNATE15
THE PLACE FOR HOLDING THE ELECTION , OR IF IT CANNOT BE HELD AT OR16
ADJACENT TO THE PLACE DESIGNATED , THE DESIGNATED ELECTION17
OFFICIAL SHALL DESIGNATE AND GIVE NOTICE OF THE PLACE WITHIN THE18
PRECINCT FOR HOLDING THE ELECTION . NOTICE OF THE CHANGE IN19
POLLING PLACES MUST INCLUDE NOTICE OF THE NEW POLLING PLACE ,20
NOTICE OF THE HOURS FOR VOTING ON ELECTION DAY , AND NOTICE OF THE21
TELEPHONE NUMBER TO CALL FOR VOTER ASSISTANCE .22
(4) A
PUBLIC SCHOOL SHALL PROVIDE SUFFICIENT SPACE FOR USE23
AS A POLLING PLACE FOR ANY CITY, COUNTY, OR STATE ELECTION WHEN24
REQUESTED BY THE DESIGNATED ELECTION OFFICIAL .25
(5) W
HENEVER POSSIBLE, THE COUNTY CLERK AND RECORDER26
SHALL USE PUBLIC SCHOOLS AND GOVERNMENTAL OFFICES AS POLLING27
HB22-1204
-6- PLACES. ON REQUEST, SCHOOL DISTRICT GOVERNING BOARD MEMBERS ,1
PRINCIPALS, AND MANAGERS OF GOVERNMENTAL OFFICES SHALL ALLOW2
THEIR SITES TO BE USED AS POLLING PLACES.3
(6) T
HE COUNTY CLERK AND RECORDER SHALL MAKE AVAILABLE4
TO THE PUBLIC AS A PUBLIC RECORD A LIST OF THE POLLING PLACES FOR5
ALL PRECINCTS IN WHICH THE ELECTION IS TO BE HELD.6
(7) E
XCEPT IN THE CASE OF AN EMERGENCY , ANY FACILITY THAT7
IS USED AS A POLLING PLACE ON ELECTION DAY SHALL ALLOW PERSONS TO8
ELECTIONEER AND ENGAGE IN OTHER POLITICAL ACTIVITY OUTSIDE OF THE9
ONE-HUNDRED-FOOT LIMIT PRESCRIBED BY SECTION 1-7-115.5 IN PUBLIC10
AREAS AND PARKING LOTS USED BY VOTERS . THIS SUBSECTION (7) DOES11
NOT ALLOW THE TEMPORARY OR PERMANENT CONSTRUCTION OF12
STRUCTURES IN PUBLIC AREAS AND PARKING LOTS OR THE BLOCKING OR13
OTHER IMPAIRMENT OF ACCESS TO PARKING SPACES FOR VOTERS . THE14
COUNTY CLERK AND RECORDER OR OTHER DESIGNATED ELECTION OFFICIAL15
SHALL POST ON ITS WEBSITE AT LEAST TWO WEEKS BEFORE ELECTION DAY16
A LIST OF THOSE POLLING PLACES IN WHICH EMERGENCY CONDITIONS17
PREVENT ELECTIONEERING AND SHALL SPECIFY THE REASON THE18
EMERGENCY DESIGNATION WAS GRANTED AND THE NUMBER OF ATTEMPTS19
THAT WERE MADE TO FIND A POLLING PLACE BEFORE GRANTING AN20
EMERGENCY DESIGNATION . IF THE POLLING PLACE IS NOT ON THE WEBSITE21
LIST OF POLLING PLACES WITH EMERGENCY DESIGNATIONS ,22
ELECTIONEERING AND OTHER POLITICAL ACTIVITY SHALL BE ALLOWED23
OUTSIDE OF THE ONE-HUNDRED-FOOT LIMIT. IF AN EMERGENCY ARISES24
AFTER THE COUNTY CLERK AND RECORDER OR OTHER DESIGNATED25
ELECTION OFFICIAL'S INITIAL WEBSITE POSTING, THE COUNTY CLERK AND26
RECORDER OR OTHER DESIGNATED ELECTION OFFICIAL SHALL UPDATE THE27
HB22-1204
-7- WEBSITE OF SUCH OFFICIAL AS SOON AS PRACTICABLE TO INCLUDE ANY1
NEW POLLING PLACES, HIGHLIGHT THE POLLING PLACE LOCATION ON THE2
WEBSITE, AND SPECIFY THE REASON THE EMERGENCY DESIGNATION WAS3
GRANTED AND THE NUMBER OF ATTEMPTS THAT WERE MADE TO FIND A4
POLLING PLACE BEFORE GRANTING AN EMERGENCY DESIGNATION .5
(8) F
OR THE PURPOSES OF THIS SECTION, A COUNTY CLERK AND6
RECORDER OR OTHER DESIGNATED ELECTION OFFICIAL SHALL DESIGNATE7
A POLLING PLACE AS AN EMERGENCY POLLING PLACE AND THUS PROHIBIT8
PERSONS FROM ELECTIONEERING AND ENGAGING IN OTHER POLITICAL9
ACTIVITY OUTSIDE OF THE ONE -HUNDRED-FOOT LIMIT PRESCRIBED BY10
SECTION 1-7-115.5 BUT INSIDE THE PROPERTY OF THE FACILITY THAT IS11
HOSTING THE POLLING PLACE IF AN ACT OF GOD RENDERS A PREVIOUSLY12
ESTABLISHED POLLING PLACE UNUSABLE .13
SECTION 6. In Colorado Revised Statutes, add 1-5-401.5,14
1-5-402.5, and 1-5-403.5 as follows:15
1-5-401.5. Anti-fraud ballot paper. F
OR PRIMARY AND GENERAL16
ELECTIONS, THE DESIGNATED ELECTION OFFICIAL SHALL USE BALLOT17
PAPER THAT INCLUDES A HOLOGRAM , AN IDENTIFIABLE SEQUENCE18
MARKING, OR ANOTHER SIMILAR SYSTEM FOR PREVENTING FRAUD AND19
THAT ALLOWS A VOTER TO RECEIVE A UNIQUELY MARKED OR NUMBERED20
BALLOT.21
1-5-402.5. Sample primary election ballots - submission to22
party chair for examination - preparation, printing, and distribution23
of ballot. (1) N
OTWITHSTANDING ANY OTHER LAW , AT LEAST FORTY-FIVE24
DAYS BEFORE A PRIMARY ELECTION, THE DESIGNATED ELECTION OFFICIAL25
SHALL:26
(a) P
REPARE A PROOF OF A SAMPLE BALLOT ;27
HB22-1204
-8- (b) SUBMIT THE SAMPLE BALLOT PROOF OF EACH PARTY TO THE1
COUNTY CENTRAL COMMITTEE CHAIR ; AND2
(c) M
AIL A SAMPLE BALLOT PROOF TO EACH CANDIDATE FOR3
WHOM A NOMINATION PAPER AND PETITIONS HAVE BEEN FILED .4
(2) W
ITHIN FIVE DAYS AFTER RECEIPT OF THE SAMPLE BALLOT, THE5
COUNTY CENTRAL COMMITTEE CHAIR OF EACH POLITICAL PARTY SHALL6
SUGGEST TO THE DESIGNATED ELECTION OFFICIAL ANY CHANGE THE CHAIR7
DEEMS NECESSARY IN THE CHAIR 'S PARTY BALLOT, AND IF, ON8
EXAMINATION, THE DESIGNATED ELECTION OFFICIAL FINDS AN ERROR OR9
OMISSION IN THE BALLOT, THE DESIGNATED ELECTION OFFICIAL SHALL10
CORRECT IT. THE DESIGNATED ELECTION OFFICIAL SHALL PRINT AND11
DISTRIBUTE THE SAMPLE BALLOTS AS REQUIRED BY LAW , MAINTAIN A12
COPY OF EACH SAMPLE BALLOT , AND POST A NOTICE INDICATING THAT13
SAMPLE BALLOTS ARE AVAILABLE ON REQUEST .14
(3) N
OT LATER THAN FORTY DAYS BEFORE A PRIMARY ELECTION ,15
THE COUNTY CENTRAL COMMITTEE CHAIR OF A POLITICAL PARTY MAY16
REQUEST ONE SAMPLE PRIMARY ELECTION BALLOT OF THE CHAIR 'S PARTY17
FOR EACH ELECTION PRECINCT.18
1-5-403.5. Sample general election ballots - preparation and19
distribution. (1) B
EFORE PRINTING THE SAMPLE BALLOTS FOR THE20
GENERAL ELECTION, THE DESIGNATED ELECTION OFFICIAL SHALL SEND TO21
EACH CANDIDATE WHOSE NAME DID NOT APPEAR ON THE PRECEDING22
PRIMARY ELECTION BALLOT A BALLOT PROOF OF THE SAMPLE BALLOT FOR23
THE CANDIDATE'S REVIEW.24
(2) T
HE DESIGNATED ELECTION OFFICIAL SHALL PRINT AND25
DISTRIBUTE, FOR THE INFORMATION OF VOTERS AT EACH POLLING PLACE ,26
A NUMBER OF SAMPLE BALLOTS AS THE OFFICIAL DEEMS NECESSARY .27
HB22-1204
-9- SECTION 7. In Colorado Revised Statutes, repeal and reenact,1
with amendments, part 6 of article 5 of title 1 as follows:2
PART 63
AUTHORIZATION AND USE OF VOTING 4
MACHINES AND ELECTRONIC VOTING SYSTEMS5
1-5-601. Definitions. A
S USED IN THIS PART 6, UNLESS THE6
CONTEXT OTHERWISE REQUIRES :7
(1) "B
ALLOT" MEANS A PAPER BALLOT ON WHICH VOTES ARE8
RECORDED.9
(2) "E
LECTRONIC VOTING SYSTEM " MEANS A SYSTEM IN WHICH10
VOTES ARE RECORDED ON A PAPER BALLOT BY MEANS OF MARKING , AND11
SUCH VOTES ARE SUBSEQUENTLY COUNTED AND TABULATED BY VOTE12
TABULATING EQUIPMENT.13
(3) "V
OTE TABULATING EQUIPMENT " INCLUDES APPARATUS TO14
AUTOMATICALLY EXAMINE AND COUNT VOTES AS DESIGNATED ON15
BALLOTS AND TABULATE THE RESULTS .16
(4) "V
OTING DEVICE" MEANS AN APPARATUS THAT THE VOTER17
USES TO RECORD THE VOTER 'S VOTES BY MARKING A PAPER BALLOT ,18
WHICH VOTES ARE SUBSEQUENTLY COUNTED BY HAND .19
1-5-602. Committee approval. (1) T
HE SECRETARY OF STATE20
SHALL APPOINT A COMMITTEE OF THREE PERSONS CONSISTING OF A21
MEMBER OF THE FACULTY IN THE ENGINEERING COLLEGE OR DEPARTMENT22
AT ONE OF THE STATE INSTITUTIONS OF HIGHER EDUCATION , A MEMBER OF23
THE STATE BAR OF COLORADO, AND ONE PERSON FAMILIAR WITH VOTING24
PROCESSES IN THE STATE. NOT MORE THAN TWO PERSONS SHALL BE OF THE25
SAME POLITICAL PARTY AND AT LEAST ONE PERSON SHALL HAVE AT LEAST26
FIVE YEARS OF EXPERIENCE WITH AND SHALL BE ABLE TO RENDER AN27
HB22-1204
-10- OPINION BASED ON KNOWLEDGE OF , TRAINING IN, OR EDUCATION IN1
ELECTRONIC VOTING SYSTEMS , PROCEDURES, AND SECURITY. THE2
COMMITTEE SHALL INVESTIGATE AND TEST THE VARIOUS TYPES OF VOTE3
RECORDING DEVICES THAT MAY BE USED UNDER THIS PART 6. THE4
COMMITTEE SHALL SUBMIT ITS RECOMMENDATIONS TO THE SECRETARY OF5
STATE WHO SHALL MAKE FINAL ADOPTION OF THE TYPE OR TYPES , MAKE6
OR MAKES, AND MODEL OR MODELS TO BE CERTIFIED FOR USE IN THIS7
STATE. THE COMMITTEE SERVES WITHOUT COMPENSATION .8
(2) M
ACHINES OR DEVICES USED AT ANY ELECTION FOR FEDERAL ,9
STATE, OR COUNTY OFFICES MAY ONLY BE CERTIFIED FOR USE IN THIS10
STATE AND MAY ONLY BE USED IN THIS STATE IF THEY COMPLY WITH THE11
FEDERAL "HELP AMERICA VOTE ACT OF 2002", IF THEY HAVE BEEN12
TESTED AND APPROVED BY A LABORATORY THAT IS ACCREDITED13
PURSUANT TO THE FEDERAL "HELP AMERICA VOTE ACT OF 2002", AND IF14
THEY ARE TO BE USED TO COMPLY WITH THE ACCESSIBILITY15
REQUIREMENTS PRESCRIBED BY SECTION 1-5-603. EXCEPT AS REQUIRED16
BY SECTION 1-5-603, THE SECRETARY OF STATE SHALL NOT APPROVE FOR17
GENERAL USE ELECTRONIC VOTING MACHINES AND ELECTRONIC18
TABULATING MACHINES.19
(3) A
FTER CONSULTATION WITH THE COMMITTEE PRESCRIBED BY20
SUBSECTION (1) OF THIS SECTION, THE SECRETARY OF STATE SHALL ADOPT21
STANDARDS THAT SPECIFY THE CRITERIA FOR LOSS OF CERTIFICATION FOR22
EQUIPMENT THAT WAS USED AT ANY ELECTION FOR FEDERAL , STATE, OR23
COUNTY OFFICES AND THAT WAS PREVIOUSLY CERTIFIED FOR USE IN THIS24
STATE. ON LOSS OF CERTIFICATION, MACHINES OR DEVICES USED AT ANY25
ELECTION SHALL NOT BE USED FOR ANY ELECTION FOR FEDERAL , STATE,26
OR COUNTY OFFICES IN THIS STATE UNLESS RECERTIFIED FOR USE IN THIS27
HB22-1204
-11- STATE.1
(4) T
HE SECRETARY OF STATE SHALL REVOKE THE CERTIFICATION2
OF ANY VOTING SYSTEM OR DEVICE FOR USE IN A FEDERAL , STATE, OR3
COUNTY ELECTION IN THIS STATE OR MAY PROHIBIT FOR UP TO TEN YEARS4
THE PURCHASE, LEASE, OR USE OF ANY VOTING SYSTEM OR DEVICE5
LEASED, INSTALLED, OR USED BY A PERSON OR FIRM IN CONNECTION WITH6
A FEDERAL, STATE, OR COUNTY ELECTION IN THIS STATE , OR BOTH, IF7
EITHER OF THE FOLLOWING OCCURS :8
(a) T
HE PERSON OR FIRM INSTALLS, USES, OR ALLOWS THE USE OF9
A VOTING SYSTEM OR DEVICE THAT IS NOT CERTIFIED FOR USE OR10
APPROVED FOR EXPERIMENTAL USE IN THIS STATE PURSUANT TO THIS11
SECTION; OR12
(b) T
HE PERSON OR FIRM USES OR INCLUDES HARDWARE ,13
FIRMWARE, OR SOFTWARE IN A VERSION THAT IS NOT CERTIFIED FOR USE14
OR APPROVED FOR EXPERIMENTAL USE PURSUANT TO THIS SECTION IN A15
CERTIFIED VOTING SYSTEM OR DEVICE.16
1-5-603. Accessible voting technology - recommendations -17
certification - applicability. (1) O
N COMPLETION OF THE CERTIFICATION18
PROCESS PURSUANT TO THIS SECTION AND SECTION 1-5-602, THE19
SECRETARY OF STATE SHALL REQUIRE THAT VOTING SYSTEMS THAT ARE20
USED IN ELECTIONS UNDER THIS CODE PROVIDE PERSONS WHO ARE BLIND21
OR VISUALLY IMPAIRED WITH ACCESS TO VOTING THAT IS EQUIVALENT TO22
THAT PROVIDED TO PERSONS WHO ARE NOT BLIND OR VISUALLY IMPAIRED .23
(2) F
OR THE PURPOSES OF THIS SECTION:24
(a) A
VOTING SYSTEM THAT PROVIDES THE VOTER WITH THE25
ABILITY TO CAST AND VERIFY BY BOTH VISUAL AND NONVISUAL METHODS26
ALL OF THE SELECTIONS THAT WERE MADE BY THAT VOTER IS DEEMED TO27
HB22-1204
-12- PROVIDE EQUIVALENT ACCESS.1
(b) N
ONVISUAL METHODS FOR CASTING AND VERIFYING A2
SELECTION MADE ON A VOTING SYSTEM INCLUDE THE USE OF SYNTHESIZED3
SPEECH, BRAILLE, AND OTHER OUTPUT METHODS THAT DO NOT REQUIRE4
SIGHT.5
(c) A
N ELECTRONIC VOTING SYSTEM AUTHORIZED BY THIS SECTION6
SHALL NOT BE APPROVED OR PROVIDED FOR GENERAL USE .7
(3) T
HE SECRETARY OF STATE SHALL CONSULT WITH AND OBTAIN8
RECOMMENDATIONS REGARDING VOTING SYSTEMS FROM NONPROFIT9
ORGANIZATIONS THAT REPRESENT PERSONS WHO ARE BLIND OR VISUALLY10
IMPAIRED; PERSONS WITH EXPERTISE IN ACCESSIBLE SOFTWARE ,11
HARDWARE, AND OTHER TECHNOLOGY ; COUNTY AND LOCAL ELECTION12
OFFICIALS; AND OTHER PERSONS DEEMED APPROPRIATE BY THE13
SECRETARY OF STATE . AFTER RECEIVING RECOMMENDATIONS , THE14
SECRETARY OF STATE SHALL SUBMIT TO THE COMMITTEE ESTABLISHED15
PURSUANT TO SECTION 1-5-602 ONE OR MORE VOTING SYSTEMS THAT16
PROVIDE EQUIVALENT ACCESS PURSUANT TO THIS SECTION FOR POSSIBLE17
CERTIFICATION FOR USE IN THIS STATE.18
(4) S
UBSECTION (1) OF THIS SECTION APPLIES TO VOTING SYSTEMS19
THAT ARE PURCHASED OR UPGRADED AFTER THE EFFECTIVE DATE OF THIS20
SECTION.21
1-5-604. Authorization of use at elections. A
T ALL ELECTIONS22
UNDER THIS CODE, BALLOTS OR VOTES MAY BE CAST , RECORDED, AND23
COUNTED BY VOTING OR MARKING DEVICES AND VOTE TABULATING24
DEVICES AS PROVIDED BY THIS PART 6; EXCEPT THAT ELECTRONIC VOTING25
AND ELECTRONIC OR OTHER TABULATING DEVICES MAY ONLY BE USED TO26
COMPLY WITH SECTION 1-5-603. FOR ALL OTHER USES, FOR ELECTIONS27
HB22-1204
-13- UNDER THIS CODE, ONLY PAPER BALLOTS MAY BE USED AND BALLOTS1
SHALL BE TABULATED BY HAND .2
1-5-605. Specifications of electronic voting systems. (1) A
N3
ELECTRONIC VOTING SYSTEM CONSISTING OF A VOTING OR MARKING4
DEVICE THAT IS USED IN ACCORDANCE WITH SECTION 1-5-603 MUST5
PROVIDE FACILITIES FOR VOTING FOR CANDIDATES AT BOTH PRIMARY AND6
GENERAL ELECTIONS.7
(2) A
N ELECTRONIC VOTING SYSTEM MUST :8
(a) P
ROVIDE FOR VOTING IN SECRECY WHEN USED WITH VOTING9
BOOTHS;10
(b) A
LLOW EACH ELECTOR TO VOTE AT ANY ELECTION FOR ANY11
PERSON FOR ANY OFFICE WHETHER OR NOT THE PERSON IS NOMINATED AS12
A CANDIDATE, TO VOTE FOR AS MANY PERSONS FOR AN OFFICE AS THE13
ELECTOR IS ENTITLED TO VOTE FOR, AND TO VOTE FOR OR AGAINST ANY14
QUESTION ON WHICH THE ELECTOR IS ENTITLED TO VOTE , AND THE VOTE15
TABULATING EQUIPMENT SHALL REJECT CHOICES RECORDED ON THE16
ELECTOR'S BALLOT IF THE NUMBER OF CHOICES EXCEEDS THE NUMBER17
THAT THE ELECTOR IS ENTITLED TO VOTE FOR THE OFFICE OR ON THE18
MEASURE;19
(c) P
REVENT THE ELECTOR FROM VOTING FOR THE SAME PERSON20
MORE THAN ONCE FOR THE SAME OFFICE ;21
(d) B
E SUITABLY DESIGNED FOR THE PURPOSE USED AND BE OF22
DURABLE CONSTRUCTION , AND MAY BE USED SAFELY, EFFICIENTLY, AND23
ACCURATELY IN THE CONDUCT OF ELECTIONS AND COUNTING BALLOTS ;24
(e) B
E PROVIDED WITH MEANS FOR SEALING THE VOTING OR25
MARKING DEVICE AGAINST ANY FURTHER VOTING AFTER THE CLOSE OF26
THE POLLS AND THE LAST VOTER HAS VOTED ;27
HB22-1204
-14- (f) WHEN PROPERLY OPERATED, RECORD CORRECTLY AND COUNT1
ACCURATELY EVERY VOTE CAST ;2
(g) P
ROVIDE A DURABLE PAPER DOCUMENT THAT VISUALLY3
INDICATES THE VOTER'S SELECTIONS THAT THE VOTER MAY USE TO VERIFY4
THE VOTER'S CHOICES, THAT MAY BE SPOILED BY THE VOTER IF IT FAILS TO5
REFLECT THE VOTER'S CHOICES, AND THAT ALLOWS THE VOTER TO CAST A6
NEW BALLOT. THIS PAPER DOCUMENT SHALL BE USED IN MANUAL AUDITS7
AND RECOUNTS.8
(h) T
O THE EXTENT PRACTICABLE , PROVIDE FOR THE BALLOT9
LAYOUT TO BE IN THE SAME ORDER OF ARR ANGEMENT , INCLUDING10
ROTATION, AS PROVIDED FOR PAPER BALLOTS; EXCEPT THAT INFORMATION11
MAY BE PRINTED IN VERTICAL OR HORIZONTAL ROWS OR IN A NUMBER OF12
SEPARATE PAGES OR SCREENS THAT ARE PLACED OR DISPLAYED ON THE13
VOTING DEVICE. THE TITLES OF OFFICES MAY BE ARRANGED IN VERTICAL14
COLUMNS OR IN A SERIES OF SEPARATE PAGES OR SCREENS AND MUST BE15
PRINTED ABOVE OR AT THE SIDE OF THE NAMES OF CANDIDATES SO AS TO16
INDICATE CLEARLY THE CANDIDATES FOR EACH OFFICE AND THE NUMBER17
TO BE ELECTED. IF THERE ARE MORE CANDIDATES FOR AN OFFICE THAN18
CAN BE PRINTED IN ONE COLUMN OR ON ONE BALLOT PAGE OR SCREEN , THE19
BALLOT MUST BE CLEARLY MARKED THAT THE LIST OF CANDIDATES IS20
CONTINUED ON THE FOLLOWING COLUMN , PAGE, OR SCREEN, AND TO THE21
EXTENT PRACTICABLE, THE SAME NUMBER OF NAMES SHALL BE PRINTED22
ON EACH COLUMN, PAGE, OR SCREEN.23
1-5-606. Write-in votes - instructions. T
O BE COUNTED, ALL24
WRITE-IN VOTES MUST BE MARKED BY THE VOTER IN THE SPACE PROVIDED25
OPPOSITE THE NAMES OF THE WRITE-IN CANDIDATES. THE INSTRUCTIONS26
TO VOTERS PRINTED ON THE BALLOTS MUST INSTRUCT THE VOTER THAT27
HB22-1204
-15- THE VOTE WILL NOT BE COUNTED UNLESS THE VOTER PROPERLY MARKS1
THE BALLOT WHEN WRITING IN A CANDIDATE 'S NAME.2
1-5-607. Required test of equipment and programs - notice.3
(1) T
HE COUNTY CLERK AND RECORDER OR OTHER DESIGNATED ELECTION4
OFFICIAL SHALL TEST THE AUTOMATIC TABULATING EQUIPMENT AND5
PROGRAMS USED PURSUANT TO THIS PART 6 TO ASCERTAIN THAT THE6
EQUIPMENT AND PROGRAMS WILL CORRECTLY MARK AND COUNT THE7
VOTES CAST FOR ALL OFFICES AND ON ALL MEASURES . PUBLIC NOTICE OF8
THE TIME AND PLACE OF THE TEST SHALL BE GIVEN AT LEAST FORTY-EIGHT9
HOURS BEFORE THE TEST BY PUBLICATION ONCE IN ONE OR MORE DAILY OR10
WEEKLY NEWSPAPERS PUBLISHED IN THE JURISDICTION USING THE11
EQUIPMENT IF A NEWSPAPER IS PUBLISHED IN THE JURISDICTION ,12
OTHERWISE IN A NEWSPAPER OF GENERAL CIRCULATION . THE TEST SHALL13
BE OBSERVED BY AT LEAST TWO ELECTION INSPECTORS WHO MUST NOT BE14
OF THE SAME POLITICAL PARTY AND MUST BE OPEN TO REPRESENTATIVES15
OF ALL OF THE POLITICAL PARTIES, CANDIDATES, THE PRESS, AND THE16
PUBLIC. THE TEST SHALL BE CONDUCTED BY PROCESSING A PRE AUDITED17
GROUP OF BALLOTS TO RECORD A PREDETERMINED NUMBER OF VALID18
VOTES FOR EACH CANDIDATE AND ON EACH MEASURE , AND MUST INCLUDE19
FOR EACH OFFICE ONE OR MORE BALLOTS THAT HAVE VOTES IN EXCESS OF20
THE NUMBER ALLOWED BY LAW IN ORDER TO TEST THE ABILITY OF THE21
AUTOMATIC TABULATING EQUIPMENT AND PROGRAMS TO REJECT SUCH22
VOTES. IF ANY ERROR IS DETECTED, THE CAUSE OF THE ERROR SHALL BE23
ASCERTAINED AND CORRECTED AND AN ERRORLESS COUNT SHALL BE24
MADE BEFORE THE EQUIPMENT IS APPROVED . THE TEST SHALL BE25
REPEATED IMMEDIATELY BEFORE THE START OF THE OFFICIAL COUNT OF26
THE BALLOTS IN THE SAME MANNER AS SET FORTH ABOVE . AFTER THE27
HB22-1204
-16- COMPLETION OF THE COUNT, THE BALLOTS SHALL BE SEALED, RETAINED,1
AND DISPOSED OF AS PROVIDED FOR PAPER BALLOTS .2
(2) E
LECTRONIC BALLOT TABULATING SYSTEMS USED IN3
ACCORDANCE WITH THIS PART 6 SHALL BE TESTED FOR LOGIC AND4
ACCURACY.5
(3) N
OTWITHSTANDING SUBSECTIONS (1) AND (2) OF THIS SECTION,6
IF A COUNTY USES ACCESSIBLE VOTING EQUIPMENT TO MARK BALLOTS ,7
THE SECRETARY OF STATE IN COOPERATION WITH THE COUNTY CLERK AND8
RECORDER MAY DESIGNATE A SINGLE DATE TO TEST THE LOGIC AND9
ACCURACY OF THE ACCESSIBLE VOTING EQUIPMENT AND ANY OTHER10
EQUIPMENT OR DEVICES USED TO MARK THE BALLOTS .11
SECTION 8. In Colorado Revised Statutes, add 1-7-101.5,12
1-7-115.5, and 1-7-119 as follows:13
1-7-101.5. Primary and general election requirements.14
(1) N
OTWITHSTANDING ANY OTHER LAW , ALL PRIMARY AND GENERAL15
ELECTIONS IN THE STATE SHALL BE CONDUCTED IN STRICT ADHERENCE TO16
THE FOLLOWING:17
(a) A
VOTER SHALL NOT RECEIVE OR CAST A BALLOT UNLESS THE18
VOTER HAS PRESENTED VALID STATE -ISSUED IDENTIFICATION;19
(b) E
XCEPT FOR ABSENTEE BALLOTS AS PRESCRIBED BY PART 11 OF20
THIS ARTICLE 7:21
(I) A
LL VOTING MUST OCCUR ON ELECTION DAY ONLY ; AND22
(II) A
LL BALLOTS MUST BE CAST IN PERSON BY THE VOTER AT THE23
VOTER'S ELECTION PRECINCT POLLING PLACE; AND24
(c) A
LL BALLOTS SHALL BE COUNTED BY HAND AND CANVASSED25
AND THE RETURNS MADE WITHIN TWENTY -FOUR HOURS AFTER THE POLLS26
ARE CLOSED.27
HB22-1204
-17- (2) (a) NOT SOONER THAN TWENTY-TWO DAYS BEFORE A GENERAL,1
PRIMARY, OR OTHER ELECTION, AND NO LATER THAN EIGHTEEN DAYS2
BEFORE THE ELECTION , THE COUNTY CLERK AND RECORDER OR3
DESIGNATED ELECTION OFFICIAL SHALL MAIL TO EACH ACTIVE REGISTERED4
ELECTOR, AT THE LAST MAILING ADDRESS APPEARING IN THE5
REGISTRATION RECORDS AND IN ACCORDANCE WITH UNITED STATES6
POSTAL SERVICE REGULATIONS , A BALLOT. THE ENVELOPE CONTAINING7
THE BALLOT MUST BE MARKED : "DO NOT FORWARD. ADDRESS8
CORRECTION
REQUESTED." OR ANY OTHER SIMILAR STATEMENT9
THAT IS IN ACCORDANCE WITH UNITED STATES POSTAL SERVICE10
REGULATIONS. FOR A PRIMARY MAIL BALLOT ELECTION , ACTIVE11
REGISTERED ELECTORS INCLUDES PREREGISTRANTS ELIGIBLE TO VOTE IN12
THAT PRIMARY ELECTION UNDER SECTION 1-2-101 (2)(c). NOTHING IN13
THIS SUBSECTION (2) AFFECTS ANY PROVISION OF THIS CODE GOVERNING14
THE DELIVERY OF MAIL BALLOTS TO AN ABSENT UNIFORMED SERVICES15
ELECTOR, NONRESIDENT OVERSEAS ELECTOR , OR RESIDENT OVERSEAS16
ELECTOR COVERED BY THE FEDERAL "UNIFORMED AND OVERSEAS17
C
ITIZENS ABSENTEE VOTING ACT", 52 U.S.C. SEC. 20301 ET SEQ.18
(b) I
F THE TWENTY-SECOND DAY BEFORE A GENERAL, PRIMARY, OR19
OTHER MAIL BALLOT ELECTION IS A SATURDAY, SUNDAY, STATE LEGAL20
HOLIDAY, OR FEDERAL HOLIDAY RECOGNIZED BY THE UNITED STATES21
POSTAL SERVICE, THE COUNTY CLERK AND RECORDER OR DESIGNATED22
ELECTION OFFICIAL MAY MAIL BALLOTS PURSUANT TO SUBSECTION (2)(a)23
OF THIS SECTION ON THE FRIDAY IMMEDIATELY PRECEDING THE24
TWENTY-SECOND DAY.25
(c) T
HE BALLOT MUST BE ACCOMPANIED BY WRITTEN26
INSTRUCTIONS ADVISING THE ELECTOR THAT THE ELECTOR MUST APPEAR27
HB22-1204
-18- IN PERSON AT THE POLLING PLACE IN THE PERSON'S PRECINCT ON ELECTION1
DAY TO CAST THE BALLOT. THE INSTRUCTIONS MUST INCLUDE NOTICE OF2
THE ELECTOR'S POLLING PLACE, NOTICE OF THE HOURS FOR VOTING ON3
ELECTION DAY, AND NOTICE OF THE TELEPHONE NUMBER TO CALL FOR4
VOTER ASSISTANCE.5
(3) E
XCEPT AS REQUIRED BY SUBSECTIONS (1) AND (2) OF THIS6
SECTION, ALL PRIMARY AND GENERAL ELECTIONS SHALL BE CONDUCTED7
AS OTHERWISE PROVIDED BY LAW .8
1-7-115.5. One-hundred-foot limit - notices - posting -9
violation - classification. (1) E
XCEPT AS PRESCRIBED IN THIS SECTION,10
A PERSON IS NOT ALLOWED TO REMAIN INSIDE THE ONE -HUNDRED-FOOT11
LIMIT WHILE THE POLLS ARE OPEN, EXCEPT FOR THE PURPOSE OF VOTING;12
AND EXCEPT THE ELECTION OFFICIALS, ONE REPRESENTATIVE AT ANY ONE13
TIME OF EACH POLITICAL PARTY REPRESENTED ON THE BALLOT WHO HAS14
BEEN APPOINTED BY THE COUNTY CENTRAL COMMITTEE CHAIR OF THAT15
POLITICAL PARTY AND THE CHALLENGERS ALLOWED BY LAW ; AND16
ELECTIONEERING MAY NOT OCCUR WITHIN THE ONE -HUNDRED-FOOT LIMIT.17
V
OTERS WHO HAVE CAST THEIR BALLOTS SHALL PROMPTLY MOVE OUTSIDE18
THE ONE-HUNDRED-FOOT LIMIT.19
(2) T
HE DESIGNATED ELECTION OFFICIAL SHALL FURNISH , WITH20
THE BALLOTS FOR EACH POLLING PLACE , THREE NOTICES, PRINTED IN21
LETTERS NOT LESS THAN TWO INCHES HIGH , WITH THE HEADING :22
"O
NE-HUNDRED-FOOT LIMIT" AND UNDERNEATH THAT HEADING THE23
FOLLOWING:24
N
O PERSON IS ALLOWED TO REMAIN INSIDE THESE LIMITS25
WHILE THE POLLS ARE OPEN, EXCEPT FOR THE PURPOSE OF26
VOTING; AND EXCEPT THE ELECTION OFFICIALS , ONE27
HB22-1204
-19- REPRESENTATIVE AT ANY ONE TIME OF EACH POLITICAL1
PARTY WHO HAS BEEN APPOINTED BY THE COUNTY CENTRAL2
COMMITTEE CHAIR OF SUCH POLITICAL PARTY , AND THE3
CHALLENGERS, ALLOWED BY LAW. VOTERS HAVING CAST4
THEIR BALLOTS SHALL AT ONCE RETIRE OUTSIDE THE5
ONE-HUNDRED-FOOT LIMIT. A PERSON VIOLATING ANY6
PROVISION OF THIS NOTICE IS GUILTY OF A MISDEMEANOR .7
(3) T
HE COUNTY CLERK AND RECORDER OR THE COUNTY CLERK8
AND RECORDER'S DESIGNEE SHALL EXERCISE AUTHORITY OVER ALL9
ELECTION-RELATED ACTIVITIES AT THE POLLING PLACE.10
(4) W
ITH THE PERMISSION OF THE VOTER, A MINOR MAY ENTER11
AND REMAIN WITHIN THE ONE -HUNDRED-FOOT LIMIT IN ORDER TO12
ACCOMPANY A VOTER INTO A POLLING PLACE , AN ON-SITE VOTING13
FACILITY, AND A VOTING BOOTH WHILE THE VOTER IS VOTING .14
(5) N
OTWITHSTANDING ANY OTHER LAW , AN ELECTION OFFICIAL,15
A REPRESENTATIVE OF A POLITICAL PARTY WHO HAS BEEN APPOINTED BY16
THE COUNTY CENTRAL COMMITTEE CHAIR OF THAT POLITICAL PARTY , OR17
A CHALLENGER WHO IS AUTHORIZED BY LAW TO BE WITHIN THE18
ONE-HUNDRED-FOOT LIMIT AS PRESCRIBED BY THIS SECTION SHALL NOT19
WEAR, CARRY, OR DISPLAY MATERIALS THAT IDENTIFY OR EXPRESS20
SUPPORT FOR OR OPPOSITION TO A CANDIDATE , A POLITICAL PARTY OR21
ORGANIZATION, OR A BALLOT QUESTION OR ANY OTHER POLITICAL ISSUE22
AND SHALL NOT ELECTIONEER WITHIN THE ONE -HUNDRED-FOOT LIMIT OF23
A POLLING PLACE.24
(6) N
OTWITHSTANDING ANY OTHER LAW , A PERSON SHALL NOT25
TAKE PHOTOGRAPHS OR VIDEOS WHILE WITHIN THE ONE -HUNDRED-FOOT26
LIMIT.27
HB22-1204
-20- (7) A PERSON VIOLATING THIS SECTION COMMITS A MISDEMEANOR ,1
AND UPON CONVICTION SHALL BE PUNISHED AS PROVIDED IN SECTION2
1-13-111.3
(8) F
OR THE PURPOSES OF THIS SECTION, ELECTIONEERING OCCURS4
WHEN AN INDIVIDUAL KNOWINGLY , INTENTIONALLY, BY VERBAL5
EXPRESSION, AND IN ORDER TO INDUCE OR COMPEL ANOTHER PERSON TO6
VOTE IN A PARTICULAR MANNER OR TO REFRAIN FROM VOTING , EXPRESSES7
SUPPORT FOR OR OPPOSITION TO A CANDIDATE WHO APPEARS ON THE8
BALLOT IN THAT ELECTION, A BALLOT QUESTION THAT APPEARS ON THE9
BALLOT IN THAT ELECTION, OR A POLITICAL PARTY WITH ONE OR MORE10
CANDIDATES WHO APPEAR ON THE BALLOT IN THAT ELECTION .11
1-7-119. Mask mandate - vaccination - testing - prohibition.12
T
HE COUNTY CLERK AND RECORDER OR DESIGNATED ELECTION OFFICIAL13
SHALL NOT REQUIRE THAT A VOTER, ELECTION WORKER, ELECTION JUDGE,14
OR ANY OTHER PERSON WEAR A FACIAL MASK AT A POLLING PLACE OR15
OTHER VOTING OR TABULATION LOCATION OR BE VACCINATED OR TESTED16
FOR A VIRUS AS A CONDITION OF ENTERING A POLLING PLACE OR OTHER17
VOTING OR TABULATING LOCATION .18
SECTION 9. In Colorado Revised Statutes, add 1-7-505.5 and19
1-7-507.5 as follows:20
1-7-505.5. Paper ballots - report. F
OR ANY PRIMARY, SPECIAL,21
OR GENERAL ELECTION, THE ELECTION JUDGES SHALL COMPARE THE22
NUMBER OF VOTES CAST AS INDICATED FROM THE PAPER BALLOTS WITH23
THE NUMBER OF VOTES CAST AS INDICATED IN THE STATEWIDE VOTER24
REGISTRATION DATABASE AND THE NUMBER OF PROVISIONAL BALLOTS25
CAST AND THAT INFORMATION SHALL BE NOTED IN A WRITTEN REPORT26
PREPARED AND SUBMITTED TO THE OFFICER IN CHARGE OF ELECTIONS27
HB22-1204
-21- ALONG WITH OTHER TALLY REPORTS . ALL BALLOTS SHALL BE COUNTED BY1
HAND.2
1-7-507.5. Proceedings at the counting center. (1) A
LL3
PROCEEDINGS AT THE COUNTING CENTER ARE UNDER THE DIRECTION OF4
THE COUNTY CLERK AND RECORDER OR DESIGNATED ELECTION OFFICIAL5
AND MUST BE CONDUCTED UNDER THE OBSERVATION OF REPRESENTATIVES6
OF EACH POLITICAL PARTY AND THE PUBLIC . THE PROCEEDINGS AT THE7
COUNTING CENTER MAY ALSO BE OBSERVED BY UP TO THREE ADDITIONAL8
PEOPLE REPRESENTING A CANDIDATE FOR NONPARTISAN OFFICE OR9
REPRESENTING A POLITICAL COMMITTEE IN SUPPORT OF OR IN OPPOSITION10
TO A BALLOT MEASURE, PROPOSITION, OR QUESTION. A DRAW BY LOT11
DETERMINES WHICH THREE GROUPS OR C ANDIDATES HAVE12
REPRESENTATIVES PARTICIPATE IN THE OBSERVATION AT THE COUNTING13
CENTER. PERSONS REPRESENTING A CANDIDATE FOR NONPARTISAN OFFICE14
OR PERSONS OR GROUPS REPRESENTING A POLITICAL COMMITTEE IN15
SUPPORT OF OR IN OPPOSITION TO A BALLOT MEASURE , PROPOSITION, OR16
QUESTION WHO ARE INTERESTED IN PARTICIPATING IN THE OBSERVATION ,17
SHALL NOTIFY THE COUNTY CLERK AND RECORDER OR DESI GNATED18
ELECTION OFFICIAL OF THEIR DESIRE TO BE INCLUDED IN THE DRAW NOT19
LATER THAN SEVENTEEN DAYS BEFORE THE ELECTION . AFTER THE20
DEADLINE TO RECEIVE SUBMISSIONS FROM THE INTERESTED PERSONS OR21
GROUPS, BUT PRIOR TO FOURTEEN DAYS BEFORE THE ELECTION , THE22
COUNTY CLERK AND RECORDER OR DESI GNATED ELECTION OFFICIAL SHALL23
DRAW BY LOT, FROM THE LIST OF THOSE WHO EXPRESSED INTEREST, THREE24
PERSONS OR GROUPS, AND THOSE SELECTED SHALL BE NOTIFIED AND25
ALLOWED TO OBSERVE THE PROCEEDINGS AT THE COUNTING CENTER . IF A26
GROUP IS SELECTED, THE GROUP MAY ALTER WHO REPRESENTS THAT27
HB22-1204
-22- GROUP FOR DIFFERENT DAYS OF OBSERVATION , BUT ON ANY GIVEN1
OBSERVATION DAY A SELECTED GROUP SHALL NOT SEND MORE THAN ONE2
OBSERVER. A GROUP MAY ROTATE AN OBSERVER THROUGHOUT THE DAY .3
O
NLY THOSE PERSONS WHO ARE AUTHORIZED FOR THE PURPOSE MAY4
TOUCH ANY BALLOT OR BALLOT CARD OR RETURN . ALL PERSONS WHO ARE5
ENGAGED IN PROCESSING AND COUNTING OF THE BALLOTS SHALL BE6
REGISTERED ELECTORS, SHALL BE DEPUTIZED IN WRITING, AND SHALL7
TAKE AN OATH THAT THEY WILL FAITHFULLY PERFORM THEIR ASSIGNED8
DUTIES. NO PREFERENTIAL COUNTING OF BALLOTS MAY BE UNDERTAKEN9
FOR THE PURPOSE OF PROJECTING THE OUTCOME OF THE ELECTION . THE10
COUNTY CLERK AND RECORDER OR DESIGNATED ELECTION OFFICIAL SHALL11
NOT ALLOW THE USE OF ELECTRONIC OR OTHER TABULATING EQUIPMENT ,12
AND ALL COUNTING SHALL BE DONE BY HAND . BALLOTS SHALL BE13
ORGANIZED AND REMAIN SEGREGATED BY PRECINCT , BOTH BEFORE AND14
AFTER COUNTING.15
(2) F
OR ANY STATEWIDE, COUNTY, OR LEGISLATIVE ELECTION, THE16
COUNTY CLERK AND RECORDER SHALL PROVIDE FOR A LIVE VIDEO17
RECORDING OF THE CUSTODY OF ALL BALLOTS WHILE THE BALLOTS ARE18
PRESENT IN A TABULATION ROOM IN THE COUNTING CENTER . THE LIVE19
VIDEO RECORDING MUST INCLUDE DATE AND TIME INDICATORS AND MUST20
BE LINKED TO THE SECRETARY OF STATE 'S WEBSITE. THE SECRETARY OF21
STATE SHALL POST LINKS TO THE VIDEO COVERAGE FOR VIEWING BY THE22
PUBLIC. THE COUNTY CLERK AND RECORDER OR OFFICER IN CHARGE OF23
ELECTIONS SHALL RECORD THE VIDEO COVERAGE OF THE BALLOTS AT THE24
COUNTING CENTER AND SHALL RETAIN THOSE RECORDINGS AS A PUBLIC25
RECORD FOR AT LEAST AS LONG AS THE CHALLENGE PERIOD FOR THE26
GENERAL ELECTION. IF THE LIVE VIDEO FEED IS DISRUPTED OR DISABLED,27
HB22-1204
-23- THE RECORDER OR OFFICER IN CHARGE OF ELECTIONS IS NOT LIABLE FOR1
THE DISRUPTION BUT SHALL ATTEMPT TO REINSTATE VIDEO COVERAGE AS2
SOON AS IS PRACTICABLE. ANY DISRUPTION IN VIDEO COVERAGE SHALL3
NOT AFFECT OR PREVENT THE CONTINUED TABULATION OF BALLOTS .4
(3) T
HE COUNTY CLERK AND RECORDER OR DESIGNATED ELECTION5
OFFICIAL SHALL MAINTAIN RECORDS THAT RECORD THE CHAIN OF6
CUSTODY FOR ALL ELECTION EQUIPMENT AND BALLOTS DURING ABSENTEE7
VOTING THROUGH THE COMPLETION OF PROVISIONAL VOTING TABULATION .8
SECTION 10. In Colorado Revised Statutes, add part 11 to9
article 7 of title 1 as follows:10
PART 1111
ABSENTEE VOTING12
1-7-1101. Absentee voting - eligibility. (1) A
BSENTEE VOTING13
IS ALLOWED IN ANY ELECTION CALLED UNDER THIS CODE , PURSUANT TO14
THIS PART 11. ANY REGISTERED ELECTOR WHO MEETS THE CRITERIA15
ESTABLISHED BY THIS SECTION MAY VOTE BY ABSENTEE BALLOT .16
(2) A
REGISTERED ELECTOR IS ALLOWED TO VOTE BY ABSENTEE17
BALLOT FOR ANY ONE OR MORE OF THE FOLLOWING REASONS :18
(a) T
HE REGISTERED ELECTOR EXPECTS TO BE OUTSIDE THIS STATE19
AT THE TIME OF THE ELECTION;20
(b) T
HE REGISTERED ELECTOR IS UNABLE TO GO TO THE POLLS21
BECAUSE THE REGISTERED ELECTOR IS HOSPITALIZED OR IN A NURSING22
HOME;23
(c) T
HE REGISTERED ELECTOR HAS A VISUAL IMPAIRMENT ; OR24
(d) T
HE REGISTERED ELECTOR IS A COVERED VOTER UNDER25
ARTICLE 8.3 OF THIS TITLE 1.26
1-7-1102. Request for ballot - civil penalties - violation -27
HB22-1204
-24- definition. (1) N OTWITHSTANDING ANY OTHER LAW , WITHIN1
NINETY-THREE DAYS BEFORE ANY ELECTION CALLED UNDER THIS CODE , A2
REGISTERED ELECTOR WHO IS ELIGIBLE UNDER SECTION 1-7-1101 (2) MAY3
MAKE A VERBAL OR SIGNED REQUEST TO THE COUNTY CLERK AND4
RECORDER OR OTHER DESIGNATED ELECTION OFFICIAL FOR AN OFFICIAL5
ABSENTEE BALLOT. IN ADDITION TO THE NAME AND ADDRESS , THE6
REQUESTING REGISTERED ELECTOR SHALL PROVIDE THE DATE OF BIRTH7
AND STATE OR COUNTRY OF BIRTH OR OTHER INFORMATION THAT IF8
COMPARED TO THE VOTER REGISTRATION INFORMATION ON FILE WOULD9
CONFIRM THE IDENTITY OF THE REGISTERED ELECTOR AND SHALL SPECIFY10
ONE OF THE REASONS FOR VOTING ABSENTEE AS SET FORTH IN SECTION11
1-7-1101
(2). IF THE REQUEST INDICATES THAT THE REGISTERED ELECTOR12
NEEDS A PRIMARY ELECTION BALLOT AND A GENERAL ELECTION BALLOT ,13
THE COUNTY CLERK AND RECORDER OR OTHER DESIGNATED ELECTION14
OFFICIAL SHALL HONOR THE REQUEST . FOR ANY PARTISAN PRIMARY15
ELECTION, IF THE REGISTERED ELECTOR IS NOT AFFILIATED WITH A16
POLITICAL PARTY, THE REGISTERED ELECTOR MAY DESIGNATE THE BALLOT17
OF ONLY ONE OF THE PARTIES PARTICIPATING IN THE PRIMARY ELECTION ,18
AND THE REGISTERED ELECTOR MAY RECEIVE AND VOTE THE BALLOT OF19
ONLY THAT ONE POLITICAL PARTY.20
(2) N
OTWITHSTANDING SUBSECTION (1) OF THIS SECTION, A21
REQUEST FOR AN OFFICIAL ABSENTEE BALLOT FROM A REGISTERED22
ELECTOR WHO IS A COVERED VOTER UNDER ARTICLE 8.3 OF THIS TITLE 123
THAT IS RECEIVED BY THE COUNTY CLERK AND RECORDER OR OTHER24
DESIGNATED ELECTION OFFICIAL MORE THAN NINETY -THREE DAYS BEFORE25
THE ELECTION IS VALID.26
(3) T
HE COUNTY CLERK AND RECORDER OR DESIGNATED ELECTION27
HB22-1204
-25- OFFICIAL SHALL MAIL THE EARLY ABSENTEE BALLOT AND THE ENVELOPE1
FOR ITS RETURN, POSTAGE PREPAID, TO THE ADDRESS PROVIDED BY THE2
REQUESTING REGISTERED ELECTOR WITHIN FIVE DAYS AFTER RECEIPT OF3
THE OFFICIAL ABSENTEE BALLOTS ; EXCEPT THAT, ABSENTEE BALLOT4
DISTRIBUTION SHALL NOT BEGIN MORE THAN TWENTY -SEVEN DAYS5
BEFORE THE ELECTION. IF AN ABSENTEE BALLOT REQUEST IS RECEIVED ON6
OR BEFORE THE THIRTY-FIRST DAY BEFORE THE ELECTION, THE ABSENTEE7
BALLOT SHALL BE DISTRIBUTED NOT EARLIER THAN THE TWENTY -SEVENTH8
DAY BEFORE THE ELECTION AND NOT LATER THAN THE TWENTY -FOURTH9
DAY BEFORE THE ELECTION.10
(4) O
NLY THE REGISTERED ELECTOR MAY BE IN POSSESSION OF11
THAT ELECTOR'S UNNOTED ABSENTEE BALLOT . IF A COMPLETE AND12
CORRECT REQUEST IS MADE BY THE REGISTERED ELECTOR WITHIN13
TWENTY-SEVEN DAYS BEFORE THE ELECTION, THE MAILING MUST BE MADE14
WITHIN FORTY-EIGHT HOURS AFTER RECEIPT OF THE REQUEST .15
S
ATURDAYS, SUNDAYS, AND OTHER STATE OR FEDERAL LEGAL HOLIDAYS16
ARE EXCLUDED FROM THE COMPUTATION OF THE FORTY -EIGHT HOUR17
PERIOD PRESCRIBED BY THIS SUBSECTION (4). IF A COMPLETE AND18
CORRECT REQUEST IS MADE BEFORE THE ELECTION BY A REGISTERED19
ELECTOR WHO IS A COVERED VOTER UNDER ARTICLE 8.3 OF THIS TITLE 1,20
THE ABSENTEE BALLOT SHALL BE TRANSMITTED BY MAIL , FAX, OR OTHER21
ELECTRONIC FORMAT APPROVED BY THE SECRETARY OF STATE WITHIN22
TWENTY-FOUR HOURS, EXCLUDING SUNDAYS.23
(5) I
N ORDER TO BE COMPLETE AND CORRECT AND TO RECEIVE AN24
ABSENTEE BALLOT BY MAIL, A REGISTERED ELECTOR'S REQUEST THAT AN25
ABSENTEE BALLOT BE MAILED TO THE REGISTERED ELECTOR 'S RESIDENCE26
OR TEMPORARY ADDRESS MUST INCLUDE ALL OF THE INFORMATION27
HB22-1204
-26- PRESCRIBED BY SUBSECTIONS (1) AND (2) OF THIS SECTION AND MUST BE1
RECEIVED BY THE COUNTY CLERK AND RECORDER OR DESIGNATED2
ELECTION OFFICIAL NOT LATER THAN 5:00 P.M. ON THE ELEVENTH DAY3
BEFORE THE ELECTION. IF A REGISTERED ELECTOR'S REQUEST TO RECEIVE4
AN ABSENTEE BALLOT IS NOT COMPLETE AND CORRECT BUT COMPLIES5
WITH ALL OTHER REQUIREMENTS OF THIS SECTION , THE COUNTY CLERK6
AND RECORDER OR DESIGNATED ELECTION OFFICIAL SHALL ATTEMPT TO7
NOTIFY THE ELECTOR OF THE DEFICIENCY OF THE REQUEST .8
(6) T
HE COUNTY CLERK AND RECORDER OR DESIGNATED ELECTION9
OFFICIAL SHALL MAINTAIN AN ALPHABETIZED LIST OF ALL VOTERS IN THE10
PRECINCT WHO HAVE REQUESTED AND HAVE BEEN SENT AN ABSENTEE11
BALLOT.12
(7) A
S A RESULT OF EXPERIENCING AN EMERGENCY BETWEEN 5:0013
P.M. ON THE FRIDAY PRECEDING THE ELECTION AND 5:00 P.M. ON THE14
M
ONDAY PRECEDING THE ELECTION, REGISTERED ELECTORS MAY REQUEST15
TO VOTE IN THE MANNER PRESCRIBED BY THE COUNTY CLERK AND16
RECORDER OF THEIR RESPECTIVE COUNTY . BEFORE VOTING, PURSUANT TO17
THIS SUBSECTION (7), A REGISTERED ELECTOR WHO EXPERIENCES AN18
EMERGENCY SHALL PROVIDE IDENTIFICATION AND SHALL SIGN A19
STATEMENT UNDER PENALTY OF PERJURY THAT STATES THAT THE PERSON20
IS EXPERIENCING OR EXPERIENCED AN EMERGENCY AFTER 5:00 P.M. ON21
THE FRIDAY IMMEDIATELY PRECEDING THE ELECTION AND BEFORE 5:0022
P.M. ON THE MONDAY IMMEDIATELY PRECEDING THE ELECTION THAT23
WOULD PREVENT THE PERSON FROM VOTING AT THE POLLS . SIGNED24
STATEMENTS RECEIVED PURSUANT TO THIS SUBSECTION (7) ARE NOT25
SUBJECT TO INSPECTION PURSUANT TO PART 2 OF ARTICLE 72 OF TITLE 24.26
A
S USED IN THIS SUBSECTION (7), "EMERGENCY" MEANS ANY UNFORESEEN27
HB22-1204
-27- CIRCUMSTANCES THAT WOULD PREVENT THE ELECTOR FROM VOTING AT1
THE POLLS.2
(8) A
COUNTY CLERK AND RECORDER OR DESIGNATED ELECTION3
OFFICIAL SHALL NOT DELIVER OR MAIL AN ABSENTEE BALLOT TO A PERSON4
WHO HAS NOT REQUESTED AN ABSENTEE BALLOT FOR THAT ELECTION5
PURSUANT TO THIS SECTION. AN ELECTION OFFICIAL WHO KNOWINGLY6
VIOLATES THIS SUBSECTION (8) IS GUILTY OF A MISDEMEANOR AND SHALL7
BE PUNISHED AS PROVIDED IN SECTION 1-13-111.8
1-7-1103. Ballot affidavit - form. (1) T
HE ABSENTEE BALLOT9
MUST BE ACCOMPANIED BY AN ENVELOPE BEARING ON THE FRONT , THE10
NAME, OFFICIAL TITLE, AND POST OFFICE ADDRESS OF THE COUNTY CLERK11
AND RECORDER OR DESIGNATED ELECTION OFFICIAL AND ON THE OTHER12
SIDE, A PRINTED AFFIDAVIT IN THE FOLLOWING FORM :13
I
DECLARE THE FOLLOWING UNDER PENALTY OF PERJURY : I14
AM A REGISTERED VOTER IN ______ COUNTY, COLORADO;15
I
EXPECT TO BE ABSENT FROM THIS STATE AT THE TIME OF16
THE ELECTION OR I AM PHYSICALLY UNABLE TO GO TO THE17
POLLS BECAUSE I AM IN THE HOSPITAL OR A NURSING HOME18
OR BECAUSE I AM VISUALLY IMPAIRED, OR I AM AN ABSENT19
UNIFORMED SERVICES VOTER OR OVERSEAS VOTER ; I HAVE20
NOT VOTED AND WILL NOT VOTE IN THIS ELECTION IN ANY21
OTHER COUNTY OR STATE ; I UNDERSTAND THAT22
KNOWINGLY VOTING MORE THAN ONCE IN ANY ELECTION IS23
A MISDEMEANOR; AND I VOTED THE ENCLOSED BALLOT AND24
SIGNED THIS AFFIDAVIT PERSONALLY , UNLESS NOTED25
BELOW.26
I
F THE VOTER WAS ASSISTED BY ANOTHER PERSON IN27
HB22-1204
-28- MARKING THE BALLOT, COMPLETE THE FOLLOWING:1
I
DECLARE THE FOLLOWING UNDER PENALTY OF PERJURY :2
A
T THE REGISTERED VOTER'S REQUEST, I ASSISTED THE3
VOTER IDENTIFIED IN THIS AFFIDAVIT WITH MARKING THE4
VOTER'S BALLOT; I MARKED THE BALLOT AS DIRECTLY5
INSTRUCTED BY THE VOTER; I PROVIDED THE ASSISTANCE6
BECAUSE THE VOTER WAS PHYSICALLY UNABLE TO MARK7
THE BALLOT SOLELY DUE TO ILLNESS, INJURY, OR PHYSICAL8
LIMITATION; AND I UNDERSTAND THAT THERE IS NO POWER9
OF ATTORNEY FOR VOTING AND THAT THE VOTER MUST BE10
ABLE TO MAKE THE VOTER'S SELECTION EVEN IF THE VOTER11
CANNOT PHYSICALLY MARK THE BALLOT .12
N
AME OF VOTER ASSISTANT: ___________13
A
DDRESS OF VOTER ASSISTANT: ____________14
(2) T
HE FACE OF EACH ENVELOPE IN WHICH A BALLOT IS SENT TO15
A FEDERAL POSTCARD APPLICANT OR IN WHICH A BALLOT IS RETURNED BY16
THE APPLICANT TO THE RECORDER OR OTHER OFFICER IN CHARGE OF17
ELECTIONS MUST BE IN THE FORM PRESCRIBED IN ACCORDANCE WITH THE18
FEDERAL "UNIFORMED AND OVERSEAS CITIZENS ABSENTEE VOTING19
A
CT", 52 U.S.C. SEC. 20301 ET SEQ. OTHERWISE, THE ENVELOPES MUST BE20
THE SAME AS THOSE USED TO SEND BALLOTS TO OR RECEIVE BALLOTS21
FROM OTHER ABSENTEE VOTERS .22
(3) T
HE OFFICER CHARGED BY LAW WITH THE DUTY OF PREPARING23
BALLOTS AT ANY ELECTION SHALL ENSURE THAT THE ABSENTEE BALLOT24
IS SENT IN AN ENVELOPE THAT STATES THE FOLLOWING :25
I
F THE ADDRESSEE DOES NOT RESIDE AT THIS ADDRESS ,26
MARK THE UNOPENED ENVELOPE "RETURN TO SENDER", AND27
HB22-1204
-29- DEPOSIT IT IN THE UNITED STATES MAIL.1
(4) T
HE COUNTY CLERK AND RECORDER OR DESIGNATED ELECTION2
OFFICIAL SHALL SUPPLY PRINTED INSTRUCTIONS TO ABSENTEE VOTERS3
THAT DIRECT THEM TO SIGN THE AFFIDAVIT , MARK THE BALLOT, AND4
RETURN BOTH IN THE ENCLOSED , SELF-ADDRESSED ENVELOPE THAT5
COMPLIES WITH SECTION 1-7-1104. THE INSTRUCTIONS SHALL INCLUDE6
THE FOLLOWING STATEMENT :7
I
N ORDER TO BE VALID AND COUNTED , THE BALLOT AND8
AFFIDAVIT MUST BE DELIVERED TO THE OFFICE OF THE9
COUNTY CLERK AND RECORDER OR DESIGNATED ELECTION10
OFFICIAL OR MAY BE DEPOSITED AT ANY POLLING PLACE IN11
THE COUNTY NOT LATER THAN 7:00 P.M. ON ELECTION DAY.12
T
HE BALLOT WILL NOT BE COUNTED WITHOUT THE VOTER 'S13
SIGNATURE ON THE ENVELOPE.14
1-7-1104. Absentee ballot. (1) T
HE ABSENTEE BALLOT MUST BE15
ONE PREPARED FOR USE IN THE PRECINCT IN WHICH THE APPLICANT16
RESIDES AND, IF A PARTISAN PRIMARY ELECTION, OF THE POLITICAL PARTY17
WITH WHICH THE APPLICANT IS AFFILIATED, AS SHOWN BY THE AFFIDAVIT18
OF REGISTRATION. THE BALLOT MUST BE IDENTICAL WITH THE REGULAR19
OFFICIAL BALLOTS; EXCEPT THAT, IT MUST HAVE PRINTED OR STAMPED ON20
IT "ABSENTEE".21
(2) T
HE OFFICER CHARGED BY LAW WITH THE DUTY OF PREPARING22
BALLOTS AT ANY ELECTION SHALL :23
(a) P
REPARE THE OFFICIAL ABSENTEE BALLOTS AND DELIVER A24
SUFFICIENT NUMBER TO THE COUNTY CLERK AND RECORDER OR25
DESIGNATED ELECTION OFFICIAL NOT LATER THAN THE THIRTY -THIRD DAY26
BEFORE THE ELECTION; AND27
HB22-1204
-30- (b) ENSURE THAT THE BALLOT RETURN ENVELOPES ARE OF A TYPE1
THAT DOES NOT REVEAL THE ELECTOR 'S SELECTIONS OR POLITICAL PARTY2
AFFILIATION AND THAT IS TAMPER EVIDENT WHEN PROPERLY SEALED .3
1-7-1105. Replacement ballots. (1) T
HE COUNTY CLERK AND4
RECORDER OR DESIGNATED ELECTION OFFICIAL SHALL DETERMINE A5
CENTRAL LOCATION IN THE DISTRICT AND SHALL PROVIDE FOR A BALLOT6
REPLACEMENT CENTER THAT IS AS NEAR TO THAT LOCATION AS IS7
PRACTICABLE FOR REGISTERED ELECTORS TO OBTAIN A REPLACEMENT8
BALLOT. THE LOCATION SHALL BE OPEN FROM 6:00 A.M. UNTIL 7:00 P.M.9
OF THE DAY OF THE ELECTION. AN ELECTOR MAY OBTAIN A REPLACEMENT10
BALLOT UNTIL 7:00 P.M. ON THE DAY OF THE ELECTION BY PRESENTING A11
SIGNED, SWORN STATEMENT THAT THE ABSENTEE BALLOT WAS LOST ,12
SPOILED, DESTROYED, OR NOT RECEIVED.13
(2) T
HE COUNTY CLERK AND RECORDER OR DESIGNATED ELECTION14
OFFICIAL SHALL KEEP A RECORD OF EACH REPLACEMENT BALLOT15
PROVIDED PURSUANT TO THIS SECTION .16
(3) I
F AN ELECTOR TO WHOM A REPLACEMENT BALLOT IS ISSUED17
VOTES MORE THAN ONCE , ONLY THE FIRST BALLOT RECEIVED SHALL BE18
COUNTED.19
SECTION 11. In Colorado Revised Statutes, add 1-10.5-101.520
as follows:21
1-10.5-101.5. Court-ordered recount. A
DISTRICT COURT TO22
WHICH FACTS REQUIRING A RECOUNT ARE CERTIFIED SHALL PROMPTLY23
ENTER AN ORDER REQUIRING A RECOUNT OF ALL THE VOTES CAST FOR24
SUCH OFFICE, MEASURE, OR PROPOSAL. THE RECOUNT SHALL BE25
CONDUCTED IN ACCORDANCE WITH THIS PART 1.26
SECTION 12. In Colorado Revised Statutes, 1-13-712, repeal (2)27
HB22-1204
-31- and (3) as follows:1
1-13-712. Disclosing or identifying vote. (2) No person shall2
endeavor to induce any voter to show how he marked his ballot.3
(3) No election official, watcher, or person shall reveal to any4
other person the name of any candidate for whom a voter has voted or5
communicate to another his opinion, belief, or impression as to how or for6
whom a voter has voted.7
SECTION 13. In Colorado Revised Statutes, add 1-13-724,8
1-13-725, and 1-13-726 as follows:9
1-13-724. Counterfeiting election returns. (1) A
PERSON WHO10
KNOWINGLY FORGES OR COUNTERFEITS RETURNS OF AN ELECTION11
PURPORTING TO HAVE BEEN HELD AT A PRECINCT OR PLACE WHERE NO12
ELECTION WAS IN FACT HELD, OR WHO KNOWINGLY SUBSTITUTES , FORGES,13
OR COUNTERFEITS RETURNS OF ELECTION INSTEAD OF THE TRUE RETURNS14
FOR A PRECINCT OR PLACE WHERE AN ELECTION WAS ACTUALLY HELD , IS15
GUILTY OF A CLASS 4 FELONY AND SHALL BE PUNISHED AS PROVIDED IN16
SECTION 18-1.3-401.17
(2) A
PERSON WHO KNOWINGLY SUBSTITUTES , FORGES,18
COUNTERFEITS, OR TAMPERS WITH BALLOT TABULATIONS OR TOTALS OR19
ELECTION RESULTS BY ELECTRONIC MEANS OR THROUGH THE USE OF A20
COMPUTER, MACHINE, OR OTHER DEVICE IS GUILTY OF A CLASS 4 FELONY21
AND SHALL BE PUNISHED AS PROVIDED IN SECTION 18-1.3-401. THIS22
SUBSECTION (2) DOES NOT APPLY TO THE CASTING OR TALLYING OF23
BALLOTS AS PROVIDED BY LAW.24
1-13-725. Unlawful acts by voters with respect to voting. (1) A25
VOTER WHO KNOWINGLY COMMITS ANY OF THE FOLLOWING ACTS IS26
GUILTY OF A MISDEMEANOR AND SHALL BE PUNISHED AS PROVIDED IN27
HB22-1204
-32- SECTION 1-13-111:1
(a) M
AKES A FALSE STATEMENT AS TO THE VOTER 'S INABILITY TO2
MARK A BALLOT;3
(b) I
NTERFERES WITH A VOTER WITHIN THE ONE -HUNDRED-FOOT4
LIMIT OF THE POLLING PLACE AS POSTED BY THE DESIGNATED ELECTION5
OFFICIAL OR WITHIN ONE HUNDRED FEET OF THE MAIN OUTSIDE ENTRANCE6
TO AN ON-SITE VOTING LOCATION;7
(c) E
NDEAVORS, WHILE WITHIN THE ONE-HUNDRED-FOOT LIMIT8
FOR A POLLING PLACE OR ON-SITE VOTING LOCATION, TO INDUCE A VOTER9
TO VOTE FOR OR AGAINST A PARTICULAR CANDIDATE OR ISSUE ;10
(d) B
EFORE THE CLOSE OF AN ELECTION, DEFACES OR DESTROYS A11
SAMPLE BALLOT POSTED BY ELECTION OFFICERS OR DEFACES , TEARS12
DOWN, REMOVES, OR DESTROYS A CARD OF INSTRUCTIONS POSTED FOR THE13
INSTRUCTION OF VOTERS;14
(e) R
EMOVES OR DESTROYS SUPPLIES OR CONVENIENCES15
FURNISHED TO ENABLE A VOTER TO PREPARE THE VOTER 'S BALLOT;16
(f) H
INDERS THE VOTING OF OTHERS; OR17
(g) V
OTES IN A COUNTY IN WHICH THE VOTER NO LONGER RESIDES .18
1-13-726. Additional unlawful acts by persons with respect to19
voting. (1) A
PERSON WHO KNOWINGLY COMMITS ANY OF THE FOLLOWING20
ACTS IS GUILTY OF A MISDEMEANOR AND SHALL BE PUNISHED AS PROVIDED21
IN SECTION 1-13-111:22
(a) K
NOWINGLY ELECTIONEERS ON ELECTION DAY WITHIN A23
POLLING PLACE OR IN A PUBLIC MANNER WITHIN ONE HUNDRED FEET OF24
THE MAIN OUTSIDE ENTRANCE OF A POLLING PLACE OR ON -SITE VOTING25
LOCATION;26
(b) I
NTENTIONALLY DISABLES OR REMOVES FROM THE POLLING27
HB22-1204
-33- PLACE, ON-SITE VOTING LOCATION, OR CUSTODY OF AN ELECTION OFFICIAL1
A VOTING MACHINE OR A VOTING RECORD ;2
(c) S
HOWS ANOTHER VOTER'S BALLOT TO ANY PERSON AFTER IT IS3
PREPARED FOR VOTING IN SUCH A MANNER AS TO REVEAL THE CONTENTS ,4
EXCEPT TO AN AUTHORIZED PERSON LAWFULLY ASSISTING THE VOTER . A5
VOTER WHO MAKES AVAILABLE AN IMAGE OF THE VOTER 'S OWN BALLOT6
BY POSTING ON THE INTERNET OR IN SOME OTHER ELECTRONIC MEDIUM IS7
DEEMED TO HAVE CONSENTED TO RETRANSMITTAL OF THAT IMAGE AND8
THAT RETRANSMITTAL DOES NOT CONSTITUTE A VIOLATION OF THIS9
SECTION.10
(d) K
NOWINGLY SOLICITS A VOTER TO SHOW THE VOTER 'S BALLOT,11
OR RECEIVES FROM A VOTER A BALLOT PREPARED FOR VOTING , UNLESS12
THE PERSON IS AN ELECTION OFFICIAL OR OTHERWISE AUTHORIZED BY13
LAW;14
(e) K
NOWINGLY RECEIVES AN OFFICIAL BALLOT FROM A PERSON15
OTHER THAN AN ELECTION OFFICIAL HAVING CHARGE OF THE BALLOTS ;16
(f) K
NOWINGLY DELIVERS AN OFFICIAL BALLOT TO A VOTER ,17
UNLESS THE VOTER IS AN ELECTION OFFICIAL;18
(g) E
XCEPT FOR A COMPLETED BALLOT TRANSMI TTED BY AN19
ELECTOR BY FAX OR OTHER ELECTRONIC FORMAT IF AUTHORIZED BY LAW ,20
KNOWINGLY PLACES A MARK ON THE VOTER 'S BALLOT BY WHICH IT CAN BE21
IDENTIFIED AS THE ONE VOTED BY THE VOTER ; OR22
(h) A
FTER HAVING RECEIVED A BALLOT AS A VOTER , KNOWINGLY23
FAILS TO RETURN THE BALLOT TO THE ELECTION OFFICIAL BEFORE24
LEAVING THE POLLING PLACE OR ON-SITE VOTING LOCATION.25
SECTION 14. In Colorado Revised Statutes, 1-5-105, amend (4)26
as follows:27
HB22-1204
-34- 1-5-105. Restrictions. (4) For the purposes of subsection (1) of1
this section and section 1-13-714 SECTION 1-13-726 (1)(a), when a polling2
location or drop-off location is within a multi-use building such as a3
shopping mall or county office building, the "building" is considered the4
room in which ballots are cast, any waiting room or hall where electors5
wait to vote, as well as a primary corridor where electors walk to an6
interior polling location, or drop-off location, and the designated exterior7
door to the multi-use building in which the polling location or drop-off8
location is located.9
SECTION 15. In Colorado Revised Statutes, 1-5-504.5, repeal10
(1)(b) as follows:11
1-5-504.5. Items to be posted at polling locations. (1) The12
following items shall be posted at each polling location:13
(b) A sign notifying persons outside and inside of the polling14
location that no electioneering is permitted within one hundred feet of the15
polling location pursuant to section 1-13-714;16
SECTION 16. In Colorado Revised Statutes, 1-6-114, amend (4)17
as follows:18
1-6-114. Judges - oath required - electioneering prohibited.19
(4) A person shall not engage in electioneering as defined in section20
1-13-714, or wear or display apparel, buttons, or other materials that21
promote or oppose a political party, candidate, ballot issue, or ballot22
question while serving as an election judge.23
SECTION 17. In Colorado Revised Statutes, repeal 1-5-102.9,24
1-7-507, 1-7-509, 1-7-510, 1-7-511, 1-7-512, 1-7-515, 1-13-713,25
1-13-714, and article 7.5 of title 1.26
SECTION 18. Act subject to petition - effective date. This act27
HB22-1204
-35- takes effect at 12:01 a.m. on the day following the expiration of the1
ninety-day period after final adjournment of the general assembly; except2
that, if a referendum petition is filed pursuant to section 1 (3) of article V3
of the state constitution against this act or an item, section, or part of this4
act within such period, then the act, item, section, or part will not take5
effect unless approved by the people at the general election to be held in6
November 2022 and, in such case, will take effect on the date of the7
official declaration of the vote thereon by the governor.8
HB22-1204
-36-