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March 2, 2023 HB 23-1206
Legislative Council Staff
Nonpartisan Services for Colorado’s Legislature
Fiscal Note
Drafting Number:
Prime Sponsors:
LLS 23-0436
Rep. Marshall
Date:
Bill Status:
Fiscal Analyst:
March 2, 2023
House Judiciary
Shukria Maktabi | 303-866-4720
shukria.maktabi@coleg.gov
Bill Topic: COUNTY SHERIFFS & DISTRICT ATTORNEYS
Summary of
Fiscal Impact:
☒ State Revenue
☒ State Expenditure
☐ State Transfer
☐ TABOR Refund
☒ Local Government
☐ Statutory Public Entity
The bill impacts county sheriff and district attorney offices by changing the nomination
process, restricting political activities and disclosure of political affiliations, and adding
new education requirements for certain county sheriffs. The bill increases state
expenditures and decreases local government workload in general election years
beginning in FY 2024-25, and may increase state revenue beginning in FY 2023-24.
Appropriation
Summary:
No appropriation is required.
Fiscal Note
Status:
The fiscal note reflects the introduced bill.
Table 1
State Fiscal Impacts Under HB 23-1206
Budget Year
FY 2023-24
Out Year
FY 2024-25
Revenue - -
Expenditures Cash Funds - $131,332
Transfers
Other Budget Impacts
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March 2, 2023 HB 23-1206
Summary of Legislation
The bill makes changes to the offices of county sheriffs and district attorneys, including:
prohibiting their nomination through a primary election and instead, requiring that they file a
nomination petition with the Secretary of State at least 55 days before the general election;
prohibiting their participation in party committees and the listing of their political affiliation on
the ballot;
requiring county sheriff candidates in counties with populations of 25,000 or more to have a
Bachelor’s degree or higher in criminal justice or a related field; and
limiting the political activities of employees in county sheriff offices, with violators subject to a
civil penalty of up to $1,000.
Background and Assumptions
Currently, petitions for unaffiliated county sheriff candidates are verified by county clerks and
recorders, while petitions for district attorney candidates are verified by the Department of State
(DOS). Major and minor party candidates access the primary election ballot by assembly designation
or petition. The bill requires all candidates for both offices to petition onto the ballot and for the DOS
to review these petitions. DOS contracts with the Department of Personnel and Administration (DPA)
to conduct these reviews.
The fiscal note assumes that the DOS will review an additional 43 petitions for district attorney
candidates in the 2024 general election and 120 petitions for county sheriff candidates in the 2026
general election, based on previous state and county election data. The fiscal note also assumes each
petition will include 1,500 signatures, requiring the DOS to review an additional 64,500 signatures in
FY 2024-25 and 180,000 signatures in FY 2026-27. DPA staff can review approximately 49 signatures
an hour at a rate of $99.77 per hour.
State Revenue
State revenue may increase from fines, which are subject to TABOR, when employees in county sheriff
offices fail to comply with the bill’s restrictions on political activity. The fiscal note assumes that
employees will generally follow the law, and any fine revenue will be minimal.
State Expenditures
In FY 2024-25, expenditures for the DOS will increase by $131,332, paid from the Department of State
Cash Fund and reappropriated to the DPA. These costs are for the Document Solutions Group in DPA
to process additional petition signatures for the 2024 general election, as outlined in the assumption
section of the fiscal note. Expenditures will continue every two years to review petitions in future
election years beginning in FY 2026-27. Future costs related to these positions will be requested by
the DOS and DPA through the annual budget process, and may vary based on the actual number of
candidates filing petitions to access the ballot in any given year. Workload will also increase in the Page 3
March 2, 2023 HB 23-1206
DOS to modify election-related databases and disclosures, and verify county sheriff education
requirements, which can be accomplished within existing appropriations.
Local Government
Beginning in FY 2024-25, workload for county clerk offices will decrease as the review of petitions for
county sheriff candidates move to the state level.
Technical Note
The fiscal note assumes that state and local departments will be able to meet the timelines specified in
the bill. However, the bill requires that petitions be submitted 55 days before a general election, which
may not be feasible due to election calendar deadlines, including the 57-day deadline for the DOS to
certify ballot content. Further, depending on the duration of petition review by the DOS, county clerks
may be unable to mail ballots to military and overseas voters by the 45-day deadline, as required by
state and federal law.
Effective Date
The bill takes effect 90 days following adjournment of the General Assembly sine die, assuming no
referendum petition is filed.
State and Local Government Contacts
County Clerks District Attorneys Personnel
Secretary of State Sheriffs
The revenue and expenditure impacts in this fiscal note represent changes from current law under the bill for each
fiscal year. For additional information about fiscal notes, please visit: leg.colorado.gov/fiscalnotes.