Colorado 2023 Regular Session

Colorado Senate Bill SB301 Compare Versions

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

Old	New	Differences
1	1	First Regular Session
2	2	Seventy-fourth General Assembly
3	3	STATE OF COLORADO
4	4	INTRODUCED
5	5
6	6
7	7	LLS NO. 23-0172.01 Megan McCall x4215
8	8	SENATE BILL 23-301
9	9	Senate Committees House Committees
10	10	State, Veterans, & Military Affairs
11	11	A BILL FOR AN ACT
12	12	C
13	13	ONCERNING VOTING IN PRES IDENTIAL PRIMARY ELECTIONS .101
14	14	Bill Summary
15	15	(Note: This summary applies to this bill as introduced and does
16	16	not reflect any amendments that may be subsequently adopted. If this bill
17	17	passes third reading in the house of introduction, a bill summary that
18	18	applies to the reengrossed version of this bill will be available at
19	19	http://leg.colorado.gov
20	20	.)
21	21	The bill requires that in presidential primary elections, beginning
22	22	with the 2028 presidential primary election, electors rank their 5 top
23	23	choices for candidate. Each ballot counts as one vote for the highest
24	24	ranked active candidate on that ballot. Votes are tabulated in rounds until
25	25	2 or fewer active candidates remain. Votes cast for a candidate who
26	26	withdraws their candidacy for president of the United States and votes
27	27	cast for a candidate with the fewest votes in a round of tabulation are
28	28	transferred to the elector's next highest ranked active candidate on the
29	29	SENATE SPONSORSHIP
30	30	Bridges,
31	31	HOUSE SPONSORSHIP
32	32	deGruy Kennedy and Soper,
33	33	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
34	34	Capital letters or bold & italic numbers indicate new material to be added to existing law.
35	35	Dashes through the words or numbers indicate deletions from existing law. ballot. Ties are determined by lot. Round-by-round tabulation results must
36	36	be publicly reported as unofficial preliminary results beginning at the time
37	37	the polls close on election day until all votes have been counted.
38	38	The secretary of state must certify the results of each round of
39	39	tabulation to the state chairperson and national committee of each
40	40	political party that participated in the presidential primary election. The
41	41	secretary of state is authorized to promulgate rules for the implementation
42	42	of the ranked choice voting method for presidential primary elections.
43	43	The bill also requires that for the 2024 presidential primary
44	44	election, voters covered by the "Uniform Military and Overseas Voters
45	45	Act" be allowed to cast votes on ballots that allow the voter to rank up to
46	46	5 candidates, including a write-in candidate, and provides for the manner
47	47	in which such ballots are to be counted.
48	48	Current law provides that ballots already printed that have votes
49	49	cast for withdrawn, deceased, or disqualified candidates are invalid and
50	50	are not to be counted. The bill makes an exception that ranked ballots
51	51	with votes cast for withdrawn, deceased, or disqualified candidates for a
52	52	presidential primary election are to be counted.
53	53	Be it enacted by the General Assembly of the State of Colorado:1
54	54	SECTION 1. In Colorado Revised Statutes, amend 1-4-1202 as2
55	55	follows:3
56	56	1-4-1202. Definitions. As used in this part 12, unless the context4
57	57	otherwise requires:5
58	58	(1) "A
59	59	CTIVE CANDIDATE" MEANS ANY CANDIDATE WHO HAS NOT6
60	60	BEEN ELIMINATED DURING TABULATION OF THE VOTES CAST IN A7
61	61	PRESIDENTIAL PRIMARY ELECTION AND IS NOT A WITHDRAWN CANDIDATE .8
62	62	(2) "B
63	63	ALLOT" MEANS A BALLOT IN A PRESIDENTIAL PRIMARY9
64	64	ELECTION.10
65	65	(3) "C
66	66	ANDIDATE" MEANS A CANDIDATE FOR THE OFFICE OF11
67	67	PRESIDENT OF THE UNITED STATES.12
68	68	(4) "H
69	69	IGHEST RANKED ACTIVE CANDIDATE " MEANS THE ACTIVE13
70	70	CANDIDATE ASSIGNED TO A HIGHER RANKING ORDER THAN ANY OTHER14
71	71	ACTIVE CANDIDATES ON THE BALLOT .15
72	72	SB23-301-2- (5) "INACTIVE BALLOT" MEANS A BALLOT THAT DOES NOT COUNT1
73	73	AS A VOTE FOR ANY CANDIDATE FOR ANY OF THE REASONS SET FORTH IN2
74	74	SECTION 1-4-1205.5 (3)(b)(I).3
75	75	(6) "O
76	76	VERVOTE" MEANS AN ELECTOR HAS RANKED MORE THAN4
77	77	ONE CANDIDATE WITH THE SAME RANKING ORDER NUMBER ON THE5
78	78	ELECTOR'S BALLOT.6
79	79	(1)
80	80	(7) "Political party" means a major political party as defined7
81	81	in section 1-1-104 (22).8
82	82	(2) (8) "Presidential primary election" means a primary election9
83	83	conducted in a year in which a United States Presidential Election will be10
84	84	held to allocate delegates to national nominating conventions of the major11
85	85	political parties selected in accordance with section 1-4-701.12
86	86	(9) "R
87	87	ANKING ORDER" MEANS THE NUMBERS ASSIGNED BY AN13
88	88	ELECTOR TO CANDIDATES TO EXPRESS THE ELECTOR 'S HIGHEST TO LOWEST14
89	89	PREFERENCE OF CANDIDATE . IN EXPRESSING THE ELECTOR'S "RANKING15
90	90	ORDER", THE NUMBER ONE DEMONSTRATES THE HIGHEST PREFERENCE16
91	91	CANDIDATE OF THE ELECTOR AND THE NEXT SUBSEQUENT HIGHEST17
92	92	PREFERENCE CANDIDATES ARE DEMONSTRATED IN INCREASING18
93	93	SEQUENTIAL NUMBERS NOT TO EXCEED THE NUMBER FIVE .19
94	94	(10) "R
95	95	OUND" MEANS AN INSTANCE OF THE SEQUENCE IN VOTING20
96	96	TABULATION AS SET FORTH IN SECTION 1-4-1205.5 (3).21
97	97	(11) "S
98	98	KIPPED RANKING" MEANS THAT AN ELECTOR LEAVES A22
99	99	NUMBER IN THE ELECTOR'S RANKING ORDER UNASSIGNED BUT RANKS A23
100	100	CANDIDATE AT A SUBSEQUENT NUMBER IN THE RANKING ORDER .24
101	101	(12) "U
102	102	NDERVOTE" MEANS THAT THE ELECTOR HAS NOT ASSIGNED25
103	103	ANY RANKING ORDER TO ANY CANDIDATES NAMED ON THE ELECTOR 'S26
104	104	BALLOT.27
105	105	SB23-301
106	106	-3- (13) "WITHDRAWN CANDIDATE" MEANS A CANDIDATE WHO:1
107	107	(a) H
108	108	AS FILED A SIGNED LETTER OF WITHDRAWAL WITH THE STATE2
109	109	AND NATIONAL POLITICAL PARTY CHAIRS IN COMPLIANCE WITH ANY3
110	110	APPLICABLE STATE AND NATIONAL POLITICAL PARTY RULES THAT MAY4
111	111	EXIST CONCERNING THE TIMING , PROCEDURES, OR SUBSTANCE OF5
112	112	CANDIDATE WITHDRAWALS OR SUSPENSIONS ; AND6
113	113	(b) I
114	114	S DETERMINED TO BE A WITHDRAWN CANDIDATE BY THE7
115	115	SECRETARY OF STATE ACCORDING TO THE PROCESS ESTABLISHED BY RULES8
116	116	PROMULGATED BY THE SECRETARY OF STATE .9
117	117	SECTION 2. In Colorado Revised Statutes, 1-4-1203, amend10
118	118	(2)(a) and (3); repeal (4)(d); and add (2.2) as follows:11
119	119	1-4-1203. Presidential primary elections - when - conduct.12
120	120	(2) (a) Except as provided for in subsection (5) of this section, each13
121	121	political party that has a qualified candidate entitled to participate in the14
122	122	presidential primary election pursuant to this section is entitled to15
123	123	participate in the Colorado presidential primary election. At the16
124	124	presidential primary election, an elector that
125	125	WHO is affiliated with a17
126	126	political party may vote only for a candidate CANDIDATES of that political18
127	127	party
128	128	AND IN ACCORDANCE WITH SECTION 1-4-1205.5.19
129	129	(2.2) A
130	130	T LEAST ONE HUNDRED FIFTY DAYS BEFORE THE DATE OF20
131	131	THE PRESIDENTIAL PRIMARY ELECTION, THE STATE COMMITTEE FOR EACH21
132	132	POLITICAL PARTY SHALL INDICATE TO THE SECRETARY OF STATE IN22
133	133	WRITING WHETHER THE PARTY INTENDS TO ALLOCATE ANY DELEGATES BY23
134	134	CONGRESSIONAL DISTRICT OR BY OTHER GEOGRAPHICAL UNITS AND , IF SO,24
135	135	THE GEOGRAPHICAL BASIS FOR SUCH ALLOCATION . 25
136	136	(3) Except as otherwise provided in this part 12, a presidential26
137	137	primary election must be conducted in the same manner as any other27
138	138	SB23-301
139	139	-4- primary election to the extent statutory provisions governing other1
140	140	primary elections are applicable to this part 12. E
141	141	XCEPT AS OTHERWISE2
142	142	PROVIDED IN THIS PART 12, the election officers and county clerk and3
143	143	recorders have the same powers and shall perform the same duties for4
144	144	presidential primary elections as they provide by law for other primary5
145	145	elections and general elections.6
146	146	(4) (d) The secretary of state may by rule adopt additional ballot
147	147	7
148	148	requirements necessary to avoid voter confusion in voting in presidential8
149	149	primary elections.9
150	150	SECTION 3. In Colorado Revised Statutes, 1-4-1204, amend (3)10
151	151	as follows:11
152	152	1-4-1204. Names on ballots. (3) Except as otherwise prohibited12
153	153	by political party rules, the state chairperson of a political party may13
154	154	request the secretary to provide a place on the primary ballot for electors14
155	155	who have no presidential candidate preference to register a vote to send15
156	156	a noncommitted delegate to the political party's national convention. To16
157	157	be valid, this request must be received by the secretary of state no later17
158	158	than seventy days before the presidential primary election. I
159	159	F THE STATE18
160	160	CHAIRPERSON OF A POLITICAL PARTY MAKES A REQUEST AS SET FORTH IN19
161	161	THIS SUBSECTION (3), THE OPTION TO SEND A NONCOMMITTED DELEGATE20
162	162	TO THE POLITICAL PARTY'S NATIONAL CONVENTION MAY BE RANKED AND21
163	163	TREATED IN THE SAME MANNER AS THE NAMES APPEARING ON THE BALLOT22
164	164	AS CANDIDATES FOR PRESIDENT OF THE UNITED STATES IN ACCORDANCE23
165	165	WITH SECTION 1-4-1205.5.24
166	166	SECTION 4. In Colorado Revised Statutes, add 1-4-1205.5 as25
167	167	follows:26
168	168	1-4-1205.5. Ranked choice - tabulation - rejected ballots -27
169	169	SB23-301
170	170	-5- reporting results - rules - short title. (1) T HE SHORT TITLE OF THIS1
171	171	SECTION IS THE "EVERY VOTE COUNTS ACT".2
172	172	(2) (a) O
173	173	N AND AFTER JANUARY 1, 2028, VOTES IN A PRESIDENTIAL3
174	174	PRIMARY ELECTION SHALL BE MADE AND COUNTED BY RANKED CHOICE4
175	175	VOTING. EACH BALLOT COUNTS AS ONE VOTE FOR THE HIGHEST RANKED5
176	176	ACTIVE CANDIDATE ON THE BALLOT . RANKING ORDER FOR WITHDRAWN6
177	177	CANDIDATES IS TREATED IN THE SAME MANNER AS RANKING ORDER FOR7
178	178	CANDIDATES WHO HAVE BEEN ELIMINATED FROM TABULATION IN8
179	179	ACCORDANCE WITH SUBSECTION (3)(a)(II) OF THIS SECTION.9
180	180	(b) B
181	181	ALLOTS SHALL ALLOW AN ELECTOR TO RANK FIVE10
182	182	CANDIDATES NAMED ON THE BALLOT , INCLUDING ANY WRITE -IN11
183	183	CANDIDATES WHO HAVE PROPERLY FILED STATEMENTS WITH THE12
184	184	SECRETARY OF STATE AND PAID THE FEE IN ACCORDANCE WITH SECTION13
185	185	1-4-1205.
186	186	NOTWITHSTANDING SECTION 1-4-1205, IF THE WRITE-IN14
187	187	CANDIDATE HAS NOT FILED A STATEMENT OR PAID A FEE , RANKING ORDER15
188	188	FOR THE WRITE-IN CANDIDATES ARE TREATED IN THE SAME MANNER AS16
189	189	RANKING ORDER FOR CANDIDATES WHO HAVE BEEN ELIMINATED FROM17
190	190	TABULATION IN ACCORDANCE WITH SUBSECTION (3)(a)(II) OF THIS18
191	191	SECTION. IF THE TOTAL NUMBER OF CANDIDATES PLUS THE OPTION FOR A19
192	192	WRITE-IN CANDIDATE FOR A CONTEST IS LESS THAN FIVE, THE NUMBER OF20
193	193	LINES ON THE BALLOT FOR RANKING ORDERS MUST EQUAL THAT TOTAL .21
194	194	(c) I
195	195	N A PRESIDENTIAL PRIMARY ELECTION CONDUCTED IN22
196	196	ACCORDANCE WITH THE PROVISIONS OF THIS SECTION , THE ELECTION23
197	197	JUDGES SHALL NOT COUNT VOTES AT THE POLLING LOCATION BUT SHALL24
198	198	DELIVER ALL BALLOTS CAST IN THE PRESIDENTIAL PRIMARY ELECTION TO25
199	199	THE DESIGNATED ELECTION OFFICIAL , WHO SHALL COUNT THE VOTES IN26
200	200	ACCORDANCE WITH THIS SECTION AND THE RULES ADOPTED BY THE27
201	201	SB23-301
202	202	-6- SECRETARY OF STATE.1
203	203	(3) (a) V
204	204	OTES FOR CANDIDATES IN A PRESIDENTIAL PRIMARY2
205	205	ELECTION SHALL BE TABULATED AS FOLLOWS :3
206	206	(I) I
207	207	F TWO OR FEWER ACTIVE CANDIDATES REMAIN , THE4
208	208	TABULATION PROCESS IS COMPLETE. OTHERWISE, TABULATION CONTINUES5
209	209	IN ACCORDANCE WITH SUBSECTION (3)(a)(II) OF THIS SECTION.6
210	210	(II) T
211	211	HE ACTIVE CANDIDATE WITH THE FEWEST VOTES IS7
212	212	ELIMINATED, VOTES FOR THE ELIMINATED CANDIDATE ARE TRANSFERRED8
213	213	TO A BALLOT'S NEXT HIGHEST RANKED ACTIVE CANDIDATE , AND A NEW9
214	214	ROUND BEGINS IN ACCORDANCE WITH SUBSECTION (3)(a)(I) OF THIS10
215	215	SECTION.11
216	216	(b) (I) A
217	217	N INACTIVE BALLOT DOES NOT COUNT AS A VOTE FOR ANY12
218	218	CANDIDATE. A BALLOT IS INACTIVE IF:13
219	219	(A) T
220	220	HE BALLOT NO LONGER CONTAINS AN ACTIVE CANDIDATE14
221	221	AND THE ELECTOR HAS NOT UNDERVOTED ;15
222	222	(B) T
223	223	HE BALLOT HAS REACHED AN OVERVOTE ; OR16
224	224	(C) T
225	225	HE BALLOT HAS REACHED TWO CONSECUTIVE SKIPPED17
226	226	RANKING ORDERS.18
227	227	(II) A
228	228	BALLOT ON WHICH THE ELECTOR HAS UNDERVOTED DOES19
229	229	NOT COUNT AS AN ACTIVE OR INACTIVE BALLOT IN ANY ROUND OF20
230	230	TABULATION AND IS NOT COUNTED AS A VOTE FOR ANY CANDIDATE .21
231	231	(c) I
232	232	F TWO OR MORE CANDIDATES HAVE AN E QUAL AMOUNT OF22
233	233	FEWEST VOTES AND TABULATION CANNOT CONTINUE PURSUANT TO23
234	234	SUBSECTION (3)(a) OF THIS SECTION UNTIL THE CANDIDATE WITH THE24
235	235	FEWEST VOTES IS ELIMINATED , THE CANDIDATE TO BE ELIMINATED IS25
236	236	DETERMINED BY LOT. THE SECRETARY OF STATE SHALL DETERMINE THE26
237	237	MANNER OF DRAWING LOTS AND SHALL DETERMINE THE M ANNER PRIOR TO27
238	238	SB23-301
239	239	-7- TABULATION AND AFTER ALL VOTES ARE CAST . THE DETERMINATION OF1
240	240	THE ELIMINATED CANDIDATE IN THE ROUND OF TABULATION PURSUANT TO2
241	241	THIS SUBSECTION (3)(c) MUST BE RECORDED AND, IF THERE IS A RECOUNT3
242	242	AND TWO OR MORE CANDIDATES STILL HAVE AN EQUAL AMOUNT OF4
243	243	FEWEST VOTES, THE SAME LOT MUST BE USED AND THE METHOD OF5
244	244	DETERMINATION BY LOT MUST BE THE SAME .6
245	245	(4) (a) T
246	246	HE SECRETARY OF STATE SHALL PROMULGATE RULES OR7
247	247	GUIDANCE TO FACILITATE THE RELEASE OF UNOFFICIAL PRELIMINARY8
248	248	ROUND-BY-ROUND RESULTS AND UNOFFICIAL PRELIMINARY RECORDS OF9
249	249	VOTES CAST AS SOON AS FEASIBLE AFTER THE POLLS CLOSE AND AT10
250	250	REGULAR INTERVALS UNTIL THE COMPLETION OF COUNTING VOTES . IN11
251	251	PROMULGATING RULES OR GUIDANCE PURSUANT TO THIS SUBSECTION12
252	252	(4)(a),
253	253	THE SECRETARY OF STATE SHALL CONSULT WITH COUNTY CLERK13
254	254	AND RECORDERS , OTHER LOCAL ELECTION OFFICIALS , AND14
255	255	REPRESENTATIVES OF THE STATE AND NATIONAL POLITICAL PARTIES .15
256	256	(b) U
257	257	NOFFICIAL PRELIMINARY ROUND -BY-ROUND RESULTS AND16
258	258	UNOFFICIAL PRELIMINARY RECORDS OF VOTES CAST MUST BE :17
259	259	(I) C
260	260	LEARLY LABELED AS PRELIMINARY AND , IF FEASIBLE, MUST18
261	261	INCLUDE THE PERCENTAGE OF BALLOTS COUNTED AT THE TIME THE19
262	262	UNOFFICIAL PRELIMINARY RESULT IS REPORTED ;20
263	263	(II) P
264	264	UBLISHED ONLINE IN A PUBLICLY ACCESSIBLE , ELECTRONIC21
265	265	FORMAT; AND22
266	266	(III) I
267	267	DENTIFIABLE BY PRECINCT TO THE EXTENT IDENTIFICATION23
268	268	CAN BE PROVIDED IN A MANNER CONSISTENT WITH MAINTAINING VOTER24
269	269	PRIVACY.25
270	270	(5) T
271	271	HE SECRETARY OF STATE MAY PROMULGATE ANY RULES26
272	272	NECESSARY TO IMPLEMENT THIS SECTION .27
273	273	SB23-301
274	274	-8- (6) NOTHING IN THIS SECTION PRECLUDES A POLITICAL PARTY1
275	275	FROM ALLOCATING DELEGATES ACCORDING TO THE POLITICAL PARTY 'S2
276	276	RULES FOR ALLOCATING DELEGATES .3
277	277	(7) P
278	278	URSUANT TO SECTION 24-21-104.7, THE SECRETARY OF STATE4
279	279	MAY RECEIVE AND EXPEND GIFTS OR GRANTS FOR PURPOSES OF5
280	280	IMPLEMENTING AND PROVIDING EDUCATION ON THIS ACT .6
281	281	SECTION 5. In Colorado Revised Statutes, amend 1-4-1206 as7
282	282	follows:8
283	283	1-4-1206. Presidential primary ballots - survey of returns.9
284	284	Each county clerk and recorder shall survey all returns received from the10
285	285	presidential primary election in all county precincts in accordance with11
286	286	article 10 of this title 1. For counties that contain more than one United12
287	287	States congressional district, the returns must indicate the number of13
288	288	votes cast in each precinct
289	289	AND THE NUMBER OF NUMBER ONE PREFERENCE14
290	290	RANKINGS RECEIVED for each candidate IN EACH PRECINCT; except that,15
291	291	if the total number of votes cast and counted in any precinct is less than16
292	292	ten, the returns for all such precincts in the county must be reported17
293	293	together. For counties that contain only one United States congressional18
294	294	district, the returns may indicate the number of votes cast in the county19
295	295	AND THE NUMBER OF NUMBER ONE PREFERENCE RANKINGS RECEIVED for20
296	296	each candidate
297	297	IN THE COUNTY.21
298	298	SECTION 6. In Colorado Revised Statutes, 1-4-1207, amend (1)22
299	299	and (2) as follows:23
300	300	1-4-1207. Election results - certification - pledging of24
301	301	delegates. (1) The secretary shall compile the number of votes cast for
302	302	25
303	303	each candidate named on the presidential primary election ballot and the26
304	304	votes cast to send a noncommitted delegate to the political party's national27
305	305	SB23-301
306	306	-9- convention, if applicable, and shall calculate the percentage of votes1
307	307	received by each candidate as compared to the number of votes received2
308	308	by all candidates of the same political party. THE SECRETARY SHALL MAKE3
309	309	PUBLIC:4
310	310	(a) T
311	311	HE TOTAL NUMBER OF VOTES EACH CANDIDATE RECEIVED IN5
312	312	EACH ROUND OF THE OFFICIAL TABULATION ;6
313	313	(b) T
314	314	HE TOTAL NUMBER OF BALLOTS THAT BECAME INACTIVE IN7
315	315	EACH ROUND BECAUSE THE BALLOT DID NOT CONTAIN ANY ACTIVE8
316	316	CANDIDATES, THE ELECTOR OVERVOTED, OR THE BALLOT CONTAINED TWO9
317	317	CONSECUTIVE SKIPPED RANKINGS, EACH REPORTED AS SEPARATE FIGURES;10
318	318	AND11
319	319	(c) T
320	320	HE RECORDS OF VOTES CAST IN A PUBLICLY ACCESSIBLE ,12
321	321	ELECTRONIC FORMAT AND IDENTIFIABLE BY PRECINCT TO THE EXTENT13
322	322	IDENTIFICATION CAN BE PROVIDED IN A MANNER CONSISTENT WITH14
323	323	MAINTAINING VOTER PRIVACY .15
324	324	(2) The secretary shall certify the results and percentages
325	325	16
326	326	calculated pursuant to subsection (1) of this section to the state17
327	327	chairperson and the national committee of each political party which had18
328	328	at least one candidate on its presidential primary election ballot THE19
329	329	SECRETARY OF STATE SHALL CERTIFY THE RESULTS OF EACH ROUND20
330	330	TABULATED PURSUANT TO SECTION 1-4-1205.5 (3), ALONG WITH ANY21
331	331	OTHER INFORMATION REQUIRED BY SECTION 1-4-1205.5 (4), TO THE STATE22
332	332	CHAIRPERSON AND THE NATIONAL COMMITTEE OF EACH POLITICAL PARTY23
333	333	THAT PARTICIPATED IN THE PRESIDENTIAL PRIMARY ELECTION . IF A PARTY24
334	334	ALLOCATES DELEGATES BY CONGRESSIONAL DISTRICT OR OTHER25
335	335	GEOGRAPHICAL UNITS, THE SECRETARY OF STATE SHALL ALSO PROVIDE26
336	336	THE ROUND-BY-ROUND RESULTS AND THE RECORDS OF VOTES CAST BY27
337	337	SB23-301
338	338	-10- CONGRESSIONAL DISTRICT OR OTHER GEOGRAPHICAL UNITS .1
339	339	SECTION 7. In Colorado Revised Statutes, add 1-4-1208 as2
340	340	follows:3
341	341	1-4-1208. Ranked choice ballots for uniform military and4
342	342	overseas voters - legislative declaration - definitions - repeal.5
343	343	(1) (a) T
344	344	HE GENERAL ASSEMBLY FINDS AND DECLARES THAT :6
345	345	(I) M
346	346	ILITARY AND QUALIFIED OVERSEAS VOTERS7
347	347	DISPROPORTIONATELY FACE CONSTRAINTS ON VOTING DUE TO THE EXTRA8
348	348	TIME NEEDED TO RECEIVE AND RETURN BALLOTS BY MAIL , AS RECOGNIZED9
349	349	IN FEDERAL LAW;10
350	350	(II) P
351	351	RESIDENTIAL PRIMARIES OFTEN INCLUDE RAPIDLY CHANGING11
352	352	CANDIDATE FIELDS, AS CANDIDATES DROP OUT OVER THE COURSE OF THE12
353	353	ELECTION;13
354	354	(III) I
355	355	F A VOTER VOTES EARLY , AS MILITARY AND QUALIFIED14
356	356	OVERSEAS VOTERS OFTEN MUST DO , THE VOTER MAY VOTE FOR A15
357	357	CANDIDATE WHO WITHDRAWS PRIOR TO THE DATE OF THE ELECTION ,16
358	358	MISSING THE OPPORTUNITY TO MEANINGFULLY PARTICIPATE IN THE17
359	359	ELECTION;18
360	360	(IV) I
361	361	N 2020, OVER 3 MILLION VOTES WERE CAST IN THE19
362	362	DEMOCRATIC PRESIDENTIAL PRIMARY ELECTION FOR CANDIDATES WHO20
363	363	HAD WITHDRAWN BY THE DAY OF THE ELECTION , AND IN 2016, OVER 221
364	364	MILLION VOTES WERE CAST IN THE REPUBLICAN PRESIDENTIAL PRIMARY22
365	365	ELECTION FOR CANDIDATES WHO HAD WITHDRAWN BY THE DAY OF THE23
366	366	ELECTION; AND24
367	367	(V) A
368	368	LLOWING VOTERS THE OPPORTUNITY TO CAST A RANKED25
369	369	BALLOT CAN PROTECT VOTERS FROM LOSING THEIR VOTE TO A CANDIDATE26
370	370	WHO HAS WITHDRAWN , BECAUSE IF THE VOTER 'S FIRST CHOICE OF27
371	371	SB23-301
372	372	-11- CANDIDATES HAS NOTIFIED STATE ELECTION OFFICIALS OF THE1
373	373	CANDIDATE'S WITHDRAWAL OR OTHERWISE HAS BECOME INELIGIBLE , THEN2
374	374	THE VOTER'S BALLOT WILL COUNT FOR THEIR NEXT CHOICE OF CANDIDATE3
375	375	INSTEAD.4
376	376	(b) T
377	377	HEREFORE, THE GENERAL ASSEMBLY FINDS AND DECLARES5
378	378	THAT IT IS NECESSARY TO ALLOW MILITARY AND QUALIFIED OVERSEAS6
379	379	VOTERS TO INDICATE THEIR RANKED PREFERENCES WHEN VOTING IN A7
380	380	PRESIDENTIAL PRIMARY ELECTION . THE BALLOT OF A MILITARY OR8
381	381	QUALIFIED OVERSEAS VOTER WILL COUNT FOR THE VOTER 'S FIRST CHOICE9
382	382	CANDIDATE, IF THAT CANDIDATE IS AN ACTIVE CANDIDATE . IF THE VOTER'S10
383	383	FIRST CHOICE HAS WITHDRAWN OR BECOME INELIGIBLE , THE BALLOT WILL11
384	384	COUNT FOR THEIR HIGHEST RANKED ACTIVE CANDIDATE .12
385	385	(2) A
386	386	S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE13
387	387	REQUIRES:14
388	388	(a) N
389	389	OTWITHSTANDING SECTION 1-4-1202 (1), "ACTIVE15
390	390	CANDIDATE" MEANS ANY C ANDIDATE WHO IS NOT A DIS QUALIFIED16
391	391	CANDIDATE OR A WITHDRAWN CANDIDATE .17
392	392	(b) "C
393	393	OVERED VOTER" HAS THE SAME MEANING AS SET FORTH IN18
394	394	SECTION 1-8.3-102 (2).19
395	395	(c) "D
396	396	ISQUALIFIED CANDIDATE" MEANS A CANDIDATE THAT IS20
397	397	DECEASED OR HAS BEEN DISQUALIFIED FOR ANOTHER REASON PROVIDED21
398	398	FOR UNDER THIS TITLE 1.22
399	399	(d) N
400	400	OTWITHSTANDING SECTION 1-4-1202 (4), "HIGHEST RANKED23
401	401	ACTIVE CANDIDATE" MEANS THE ACTIVE CANDIDATE ASSIGNED TO A24
402	402	HIGHER RANKING ORDER THAN ANY OTHER ACTIVE CANDIDATES ON THE25
403	403	BALLOT.26
404	404	(e) "I
405	405	NACTIVE CANDIDATE" MEANS A WITHDRAWN CANDIDATE OR27
406	406	SB23-301
407	407	-12- A DISQUALIFIED CANDIDATE.1
408	408	(3) (a) N
409	409	OTWITHSTANDING ANY PROVISION IN THIS TITLE 1 TO THE2
410	410	CONTRARY, FOR A PRESIDENTIAL PRIMARY ELECTION THAT TAKES PLACE3
411	411	ON OR AFTER JANUARY 1, 2024, BUT BEFORE DECEMBER 31, 2027, IN4
412	412	WHICH THERE ARE AT LEAST THREE CANDIDATES , A COVERED VOTER5
413	413	SHALL BE ENTITLED TO A BALLOT THAT ALLOWS THE COVERED VOTER TO6
414	414	RANK CANDIDATES IN ORDER OF PREFERENCE IN ACCORDANCE WITH THE7
415	415	PROVISIONS OF THIS SECTION 1-4-1208.8
416	416	(b) T
417	417	HE BALLOTS MUST ALLOW A COVERED VOTER TO RANK FIVE9
418	418	CANDIDATES, INCLUDING ONE WRITE -IN CANDIDATE. IF THE TOTAL10
419	419	NUMBER OF CANDIDATES PLUS THE OPTION FOR A WRITE -IN CANDIDATE11
420	420	FOR A CONTEST IS LESS THAN FIVE, THE NUMBER OF LINES ON THE BALLOT12
421	421	FOR RANKING ORDERS MUST EQUAL THAT TOTAL . IF VOTING EQUIPMENT13
422	422	CANNOT ACCOMMODATE AT LEAST FIVE R ANKING ORDERS ON THE BALLOT ,14
423	423	THE SECRETARY OF STATE MAY LIMIT THE NUMBER OF CHOICES A COVERED15
424	424	VOTER MAY RANK ON A BALLOT TO THE MAXIMUM NUMBER ALLOWED BY16
425	425	THE EQUIPMENT; EXCEPT THAT THE NUMBER OF RANKING ORDERS17
426	426	ALLOWED MUST NOT BE LESS THAN THREE .18
427	427	(4) B
428	428	ALLOTS MUST BE PROCESSED IN A MANNER ESTABLISHED BY19
429	429	THE SECRETARY OF STATE CONSISTENT WITH THE FOLLOWING :20
430	430	(a) E
431	431	ACH BALLOT CAST IN A PRESIDENTIAL PRIMARY ELECTION21
432	432	PURSUANT TO THIS SECTION COUNTS AS A VOTE FOR THE HIGHEST RANKED22
433	433	ACTIVE CANDIDATE;23
434	434	(b) I
435	435	F THE CANDIDATE ON A BALLOT WITH THE HIGHEST RANKING24
436	436	ORDER IS AN INACTIVE CANDIDATE, THE BALLOT SHALL COUNT AS A VOTE25
437	437	FOR THE HIGHEST RANKED ACTIVE CANDIDATE ; AND26
438	438	(c) A
439	439	BALLOT DOES NOT COUNT AS A VOTE FOR ANY CANDIDATE IN27
440	440	SB23-301
441	441	-13- ANY OF THE FOLLOWING INSTANCES :1
442	442	(I) T
443	443	HE COVERED VOTER HAS UNDERVOTED ON THE BALLOT ;2
444	444	(II) T
445	445	HE COVERED VOTER HAS NOT UNDERVOTED BUT HAS NOT3
446	446	ASSIGNED RANKING ORDERS TO ANY ACTIVE CANDIDATES ;4
447	447	(III) T
448	448	HE COVERED VOTER HAS OVERVOTED AT OR PRIOR TO THE5
449	449	RANKING ORDER FOR THE HIGHEST RANKED ACTIVE CANDIDATE ; OR6
450	450	(IV) T
451	451	HE BALLOT CONTAINS TWO OR MORE CONSECUTIVE SKIPPED7
452	452	RANKING ORDERS PRIOR TO THE RANKING FOR THE HIGHEST R ANKED8
453	453	ACTIVE CANDIDATE.9
454	454	(5) T
455	455	HE SECRETARY OF STATE MAY PROMULGATE ANY RULES10
456	456	NECESSARY TO IMPLEMENT THIS SECTION .11
457	457	(6) T
458	458	HIS SECTION IS REPEALED, EFFECTIVE JANUARY 1, 2028.12
459	459	SECTION 8. In Colorado Revised Statutes, 1-5-412, amend (3)13
460	460	as follows:14
461	461	1-5-412. Correction of errors. (3) (a) If, before the date set for15
462	462	election, a duly nominated candidate withdraws by filing an affidavit of16
463	463	withdrawal with the designated election official, or dies and the fact of17
464	464	the death becomes known to the designated election official before the18
465	465	ballots are printed, or is deemed disqualified, the name of the candidate19
466	466	shall not be printed on the ballots. Except in the case of a vacancy to be20
467	467	filled in accordance with section 1-4-1005, 1-4-1006, or 1-4-1009, if the21
468	468	ballots are already printed, the votes cast for the withdrawn, deceased, or22
469	469	disqualified candidate are invalid and shall not be counted;
470	470	EXCEPT THAT23
471	471	RANKED BALLOTS CAST IN A PRESIDENTIAL PRIMARY ELECTION FOR A24
472	472	WITHDRAWN, DECEASED, OR DISQUALIFIED CANDIDATE SHALL BE25
473	473	COUNTED FOR THE HIGHEST RANKED ACTIVE CANDIDATE ON A BALLOT .26
474	474	(b) A
475	475	S USED IN THIS SUBSECTION (3), UNLESS THE CONTEXT27
476	476	SB23-301
477	477	-14- OTHERWISE REQUIRES:1
478	478	(I) "H
479	479	IGHEST RANKED ACTIVE CANDIDATE " FOR THE PRESIDENTIAL2
480	480	PRIMARY ELECTION THAT TAKES PLACE ON OR AFTER JANUARY 1, 2024,3
481	481	BUT BEFORE DECEMBER 31, 2027, HAS THE SAME MEANING AS SET FORTH4
482	482	IN SECTION 1-4-1208 (2)(d) AND FOR PRESIDENTIAL PRIMARY ELECTIONS5
483	483	THAT TAKE PLACE ON OR AFTER JANUARY 1, 2028, HAS THE SAME6
484	484	MEANING AS SET FORTH IN SECTION 1-4-1202 (4).7
485	485	(II) "P
486	486	RESIDENTIAL PRIMARY ELECTION" HAS THE SAME MEANING8
487	487	AS SET FORTH IN 1-4-1202 (8).9
488	488	SECTION 9. In Colorado Revised Statutes, 1-7-508, amend (2)10
489	489	as follows:11
490	490	1-7-508. Determination of improperly marked ballots.12
491	491	(2) Votes cast for an office to be filled or a ballot question or ballot issue13
492	492	to be decided shall not be counted if a voter marks more names than there14
493	493	are persons to be elected to an office or if for any reason it is impossible15
494	494	to determine the elector's choice of candidate or vote concerning the16
495	495	ballot question or ballot issue; except that an elector's rankings of17
496	496	multiple candidates in an election using instant runoff voting shall be18
497	497	recorded and counted in accordance with section 1-7-1003 and rules19
498	498	promulgated by the secretary of state
499	499	AND VOTES CAST IN A PRESIDENTIAL20
500	500	PRIMARY ELECTION SHALL BE RECORDED AND COUNTED IN ACCORDANCE21
501	501	WITH SECTION 1-4-1205.5 AND RULES PROMULGATED BY THE SECRETARY22
502	502	OF STATE. A defective or an incomplete mark on any ballot in a proper23
503	503	place shall be counted if no other mark is on the ballot indicating an24
504	504	intention to vote for some other candidate or ballot question or ballot25
505	505	issue.26
506	506	SECTION 10. Applicability. Sections 1, 7, and 8 of this act27
507	507	SB23-301
508	508	-15- apply to presidential primary elections on or after the effective date of this1
509	509	act. Sections 2, 3, 4, 5, 6, and 9 of this act apply to presidential primary2
510	510	elections on or after January 1, 2028.3
511	511	SECTION 11. Safety clause. The general assembly hereby finds,4
512	512	determines, and declares that this act is necessary for the immediate5
513	513	preservation of the public peace, health, or safety.6
514	514	SB23-301
515	515	-16-