Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
REVISED
This Version Includes All Amendments Adopted
on Second Reading in the Second House
LLS NO. 24-0225.01 Alison Killen x4350
HOUSE BILL 24-1067
House Committees Senate Committees
State, Civic, Military, & Veterans Affairs State, Veterans, & Military 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
SENATE
Amended 2nd Reading
March 6, 2024
HOUSE
3rd Reading Unamended
February 12, 2024
HOUSE
Amended 2nd Reading
February 9, 2024
HOUSE SPONSORSHIP
Ortiz and Bradley, Amabile, Bacon, Bird, Boesenecker, Brown, Clifford, Daugherty,
DeGraaf, deGruy Kennedy, Duran, English, Epps, Froelich, Garcia, Hamrick, Hernandez,
Herod, Jodeh, Joseph, Kipp, Lieder, Lindsay, Lindstedt, Mabrey, Marshall, Martinez, Marvin,
Mauro, McCluskie, McCormick, McLachlan, Ricks, Rutinel, Sirota, Snyder, Story, Titone,
Valdez, Velasco, Weissman, Woodrow, Young
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. 4
(2) (a) N
OTWITHSTANDING ANY PROVISION TO THE CONTRARY ,5
WITHIN SIX MONTHS OF THE EFFECTIVE DATE OF THIS SECTION , ANY6
PERSON, UPON REQUEST, MUST BE ABLE TO PARTICIPATE IN A PRECINCT7
CAUCUS OR A PARTY ASSEMBLY WITH THE USE OF A VIDEO CONFERENCING8
PLATFORM. THE POLITICAL PARTY HOLDING THE CAUCUS OR ASSEMBLY9
MUST ALLOW PARTICIPATION WITH THE USE OF A VIDEO CONFERENCING10
PLATFORM WITHOUT REQUIRING OR REQUESTING AN EXPLANATION OF THE11
NEED FOR THE USE OF THE VIDEO CONFERENCING PLATFORM . IT IS IN A12
POLITICAL PARTY'S DISCRETION TO DETERMINE WHICH VIDEO13
CONFERENCING PLATFORM WILL BE USED FOR PRECINCT CAUCUSES AND14
PARTY ASSEMBLIES SO LONG AS THE PLATFORM IS ACCESSIBLE TO PERSONS15
WITH DISABILITIES. EACH POLITICAL PARTY
SHALL ESTABLISH POLICIES16
REGARDING THE PROCEDURE AND TIMELINE FOR A PERSON TO REQUEST TO17
PARTICIPATE IN A PRECINCT CAUCUS OR A PARTY ASSEMBLY WITH THE USE18
OF A VIDEO CONFERENCING PLATFORM .19
(b) T
HE REQUIREMENTS OF SUBSECTION (2)(a) OF THIS SECTION DO20
NOT APPLY WHEN A PRECINCT CAUCUS OR PARTY ASSEMBLY OCCURS IN A21
GEOGRAPHIC LOCATION THAT IS IN AN UNSERVED AREA OF THE STATE , AS22
DEFINED IN SECTION 40-15-102 (32).23 (c) A POLITICAL PARTY HOLDING A PRECINCT CAUCUS OR PARTY24
ASSEMBLY THAT IS EXEMPT PURSUANT TO SUBSECTION (2)(b) OF THIS25
SECTION FROM THE REQUIREMENTS OF SUBSECTION (2)(a) OF THIS SECTION26
MUST ALLOW PARTICIPATION WITH THE USE OF AN ALTERNATIVE TO A27
1067
-3- VIDEO CONFERENCING PLATFORM, SUCH AS A TELEPHONE CONFERENCE1
CALL. THE ALTERNATIVE MEANS OF PARTICIPATION USED BY A POLITICAL2
PARTY IN ACCORDANCE WITH THIS SUBSECTION (2)(c) MUST BE3
ACCESSIBLE TO PERSONS WITH DISABILITIES.4
(d) A POLITICAL PARTY MAY REQUIRE THAT A PERSON REQUEST TO5
PARTICIPATE IN A PRECINCT CAUCUS OR A PARTY ASSEMBLY WITH THE USE6
OF A VIDEO CONFERENCING PLATFORM , OR AN ALTERNATIVE TO A VIDEO7
CONFERENCING PLATFORM AS PROVIDED IN SUBSECTION (2)(c), NOT MORE8
THAN THIRTY DAYS IN ADVANCE OF THE PRECINCT CAUCUS OR PARTY9
ASSEMBLY.10
(3) T
HE FAILURE OF ANY POLITICAL PARTY TO
MAKE A11
REASONABLE EFFORT TO COMPLY WITH THE REQUIREMENTS OF THIS12
SECTION CONSTITUTES DISCRIMINATION ON THE BASIS OF DISABILITY IN13
VIOLATION OF SECTION 24-34-802. ANY PERSON WHO IS SUBJECTED TO A14
VIOLATION OF THIS SECTION IS ENTITLED TO SEEK ALL RELIEF PROVIDED IN15
SECTION 24-34-802.16
(4) ANY ACTION TAKEN PURSUANT TO THIS SECTION DOES NOT17
LIMIT OR PRECLUDE A PERSON FROM SECURING OR RECOVERING ANY18
OTHER AVAILABLE REMEDY INCLUDING ANY REMEDY PROVIDED BY THE19
FEDERAL "AMERICANS WITH DISABILITIES ACT OF 1990", 42 U.S.C. SEC.20
12101 ET SEQ., AS AMENDED, AND THE COLORADO ANTI-DISCRIMINATION21
ACT, PARTS 3 THROUGH 8 OF ARTICLE 34 OF TITLE 24.22
SECTION 3. In Colorado Revised Statutes, 1-4-801, amend23
(5)(a) as follows:24
1-4-801. Designation of party candidates by petition.25
(5) (a) Party petitions shall not be circulated nor any signatures be26
obtained prior to the third Tuesday in January FIRST BUSINESS DAY IN27
1067
-4- JANUARY. Petitions must be filed no later than the close of business on1
the third Tuesday in March,
OR ON THE SEVENTY-FIFTH DAY AFTER THE
2
FIRST BUSINESS DAY IN JANUARY, WHICHEVER IS LATER.3
SECTION 4. Act subject to petition - effective date. This act4
takes effect at 12:01 a.m. on the day following the expiration of the5
ninety-day period after final adjournment of the general assembly; except6
that, if a referendum petition is filed pursuant to section 1 (3) of article V7
of the state constitution against this act or an item, section, or part of this8
act within such period, then the act, item, section, or part will not take9
effect unless approved by the people at the general election to be held in10
November 2024 and, in such case, will take effect on the date of the11
official declaration of the vote thereon by the governor.12
1067
-5-