Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
ENGROSSED
This Version Includes All Amendments Adopted
on Second Reading in the House of Introduction
LLS NO. 24-0225.01 Alison Killen x4350
HOUSE BILL 24-1067
House Committees Senate Committees
State, Civic, Military, & Veterans Affairs
A BILL FOR AN ACT
C
ONCERNING BALLOT ACCESS FOR CANDI DATES WITH DISABILITIES .101
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
The bill requires the general assembly, the secretary of state, and
each political party to ensure that the caucus process or any future
alternative process by which candidates may access the ballot that is
accessible to persons with disabilities remains an option in the state. The
bill specifies that the petition process is not a means of ballot access that
is accessible to persons with disabilities. In addition, the bill requires that,
within 6 months of the effective date of the bill, any person, upon request,
must be able to participate in a precinct caucus or a party assembly with
HOUSE
Amended 2nd Reading
February 9, 2024
HOUSE SPONSORSHIP
Ortiz and Bradley,
SENATE SPONSORSHIP
Winter F.,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. the use of a video conferencing platform that is accessible to persons with
disabilities unless the precinct caucus or party assembly is held in a
geographic location that lacks broadband internet service.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. Legislative declaration. (1) The general assembly2
hereby finds and declares that:3
(a) The rights of all persons to access and participate in all levels4
of government is critical to the functions of democracy;5
(b) Despite the passage of the "Americans with Disabilities Act6
of 1990", which provided for the beginnings of basic access for persons7
with disabilities, many persons with disabilities are still denied access to8
and participation in government at all levels;
9
(c) Persons with disabilities have remained unable to participate10
fully and equally in meetings, such as caucuses held in inaccessible11
locations, committee meetings that do not provide for remote testimony,12
and live events in many locations in the state capitol building and other13
government buildings that predate the "Americans with Disabilities Act14
of 1990"; and15
16
(d) It is the public policy of the state to promote equitable access17
to and participation in government for persons with disabilities at all18
levels and all stages of the governmental process.19
20
SECTION 2. In Colorado Revised Statutes, add 1-1-116 as21
follows:22
1-1-116. Access to precinct caucus - party assembly. (1) T
HE23
GENERAL ASSEMBLY, THE SECRETARY OF STATE, AND EACH POLITICAL24
1067-2- PARTY SHALL ENSURE THAT THE CAUCUS PROCESS OR ANY FUTURE1
ALTERNATIVE PROCESS BY WHICH CANDIDATES MAY ACCESS THE BALLOT2
THAT IS ACCESSIBLE TO PERSONS WITH DISABILITIES REMAINS AN OPTION3
IN THE STATE. THE PETITION PROCESS BY WHICH CANDIDATES MAY ACCESS4
THE BALLOT IS NOT A MEANS OF BALLOT ACCESS THAT IS ACCESSIBLE TO5
PERSONS WITH DISABILITIES AS REQUIRED BY THIS SUBSECTION (1).6
(2) (a) N
OTWITHSTANDING ANY PROVISION TO THE CONTRARY ,7
WITHIN SIX MONTHS OF THE EFFECTIVE DATE OF THIS SECTION , ANY8
PERSON, UPON REQUEST, MUST BE ABLE TO PARTICIPATE IN A PRECINCT9
CAUCUS OR A PARTY ASSEMBLY WITH THE USE OF A VIDEO CONFERENCING10
PLATFORM. THE POLITICAL PARTY HOLDING THE CAUCUS OR ASSEMBLY11
MUST ALLOW PARTICIPATION WITH THE USE OF A VIDEO CONFERENCING12
PLATFORM WITHOUT REQUIRING OR REQUESTING AN EXPLANATION OF THE13
NEED FOR THE USE OF THE VIDEO CONFERENCING PLATFORM . IT IS IN A14
POLITICAL PARTY'S DISCRETION TO DETERMINE WHICH VIDEO15
CONFERENCING PLATFORM WILL BE USED FOR PRECINCT CAUCUSES AND16
PARTY ASSEMBLIES SO LONG AS THE PLATFORM IS ACCESSIBLE TO PERSONS17
WITH DISABILITIES. EACH POLITICAL PARTY
SHALL ESTABLISH POLICIES18
REGARDING THE PROCEDURE AND TIMELINE FOR A PERSON TO REQUEST TO19
PARTICIPATE IN A PRECINCT CAUCUS OR A PARTY ASSEMBLY WITH THE USE20
OF A VIDEO CONFERENCING PLATFORM .21
(b) T
HE REQUIREMENTS OF SUBSECTION (2)(a) OF THIS SECTION DO22
NOT APPLY WHEN A PRECINCT CAUCUS OR PARTY ASSEMBLY OCCURS IN A23
GEOGRAPHIC LOCATION THAT IS IN AN UNSERVED AREA OF THE STATE , AS24
DEFINED IN SECTION 40-15-102 (32).25 (c) A POLITICAL PARTY HOLDING A PRECINCT CAUCUS OR PARTY26
ASSEMBLY THAT IS EXEMPT PURSUANT TO SUBSECTION (2)(b) OF THIS27
1067
-3- SECTION FROM THE REQUIREMENTS OF SUBSECTION (2)(a) OF THIS SECTION1
MUST ALLOW PARTICIPATION WITH THE USE OF AN ALTERNATIVE TO A2
VIDEO CONFERENCING PLATFORM, SUCH AS A TELEPHONE CONFERENCE3
CALL. THE ALTERNATIVE MEANS OF PARTICIPATION USED BY A POLITICAL4
PARTY IN ACCORDANCE WITH THIS SUBSECTION (2)(c) MUST BE5
ACCESSIBLE TO PERSONS WITH DISABILITIES.6
(d) A POLITICAL PARTY MAY REQUIRE THAT A PERSON REQUEST TO7
PARTICIPATE IN A PRECINCT CAUCUS OR A PARTY ASSEMBLY WITH THE USE8
OF A VIDEO CONFERENCING PLATFORM , OR AN ALTERNATIVE TO A VIDEO9
CONFERENCING PLATFORM AS PROVIDED IN SUBSECTION (2)(c), NOT MORE10
THAN THIRTY DAYS IN ADVANCE OF THE PRECINCT CAUCUS OR PARTY11
ASSEMBLY.12
(3) T
HE FAILURE OF ANY POLITICAL PARTY TO
MAKE A13
REASONABLE EFFORT TO COMPLY WITH THE REQUIREMENTS OF THIS14
SECTION CONSTITUTES DISCRIMINATION ON THE BASIS OF DISABILITY IN15
VIOLATION OF SECTION 24-34-802. ANY PERSON WHO IS SUBJECTED TO A16
VIOLATION OF THIS SECTION IS ENTITLED TO SEEK ALL RELIEF PROVIDED IN17
SECTION 24-34-802.18
(4) ANY ACTION TAKEN PURSUANT TO THIS SECTION DOES NOT19
LIMIT OR PRECLUDE A PERSON FROM SECURING OR RECOVERING ANY20
OTHER AVAILABLE REMEDY INCLUDING ANY REMEDY PROVIDED BY THE21
FEDERAL "AMERICANS WITH DISABILITIES ACT OF 1990", 42 U.S.C. SEC.22
12101 ET SEQ., AS AMENDED, AND THE COLORADO ANTI-DISCRIMINATION23
ACT, PARTS 3 THROUGH 8 OF ARTICLE 34 OF TITLE 24.24
SECTION 3. Act subject to petition - effective date. This act25
takes effect at 12:01 a.m. on the day following the expiration of the26
ninety-day period after final adjournment of the general assembly; except27
1067
-4- that, if a referendum petition is filed pursuant to section 1 (3) of article V1
of the state constitution against this act or an item, section, or part of this2
act within such period, then the act, item, section, or part will not take3
effect unless approved by the people at the general election to be held in4
November 2024 and, in such case, will take effect on the date of the5
official declaration of the vote thereon by the governor.6
1067
-5-