HOUSE BILL 24-1067
BY REPRESENTATIVE(S) Ortiz, 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,
McCormick, McLachlan, Ricks, Rutinel, Sirota, Snyder, Story, Titone,
Valdez, Velasco, Weissman, Woodrow, Young, McCluskie, Vigil, Willford;
also SENATOR(S) Winter F. and Liston, Buckner, Coleman, Cutter,
Danielson, Exum, Gonzales, Hansen, Kolker, Marchman, Michaelson Jenet,
Priola, Roberts, Sullivan.
C
ONCERNING BALLOT ACCESS FOR CANDIDATES WITH DISABILITIES .
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Legislative declaration. (1) The general assembly
hereby finds and declares that:
(a) The rights of all persons to access and participate in all levels of
government is critical to the functions of democracy;
(b) Despite the passage of the "Americans with Disabilities Act of
1990", which provided for the beginnings of basic access for persons with
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. disabilities, many persons with disabilities are still denied access to and
participation in government at all levels;
(c) Persons with disabilities have remained unable to participate
fully and equally in meetings, such as caucuses held in inaccessible
locations, committee meetings that do not provide for remote testimony, and
live events in many locations in the state capitol building and other
government buildings that predate the "Americans with Disabilities Act of
1990"; and
(d) It is the public policy of the state to promote equitable access to
and participation in government for persons with disabilities at all levels
and all stages of the governmental process.
SECTION 2. In Colorado Revised Statutes, add 1-1-116 as
follows:
1-1-116. Access to precinct caucus - party assembly. (1) T
HE
GENERAL ASSEMBLY
, THE SECRETARY OF STATE, AND EACH POLITICAL PARTY
SHALL 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
.
(2) (a) N
OTWITHSTANDING ANY PROVISION TO THE CONTRARY ,
WITHIN SIX MONTHS OF THE EFFECTIVE DATE OF THIS SECTION, ANY PERSON,
UPON REQUEST, MUST BE ABLE TO PARTICIPATE IN A PRECINCT CAUCUS OR
A PARTY ASSEMBLY WITH THE USE OF A VIDEO CONFERENCING PLATFORM
.
T
HE POLITICAL PARTY HOLDING THE CAUCUS OR ASSEMBLY MUST ALLOW
PARTICIPATION WITH THE USE OF A VIDEO CONFERENCING PLATFORM
WITHOUT REQUIRING OR REQUESTING AN EXPLANATION OF THE NEED FOR
THE USE OF THE VIDEO CONFERENCING PLATFORM
. IT IS IN A POLITICAL
PARTY
'S DISCRETION TO DETERMINE WHICH VIDEO CONFERENCING PLATFORM
WILL BE USED FOR PRECINCT CAUCUSES AND PARTY ASSEMBLIES SO LONG AS
THE PLATFORM IS ACCESSIBLE TO PERSONS WITH DISABILITIES
. EACH
POLITICAL PARTY SHALL ESTABLISH POLICIES REGARDING THE PROCEDURE
AND TIMELINE FOR A PERSON TO REQUEST TO PARTICIPATE IN A PRECINCT
CAUCUS OR A PARTY ASSEMBLY WITH THE USE OF A VIDEO CONFERENCING
PLATFORM
.
PAGE 2-HOUSE BILL 24-1067 (b) THE REQUIREMENTS OF SUBSECTION (2)(a) OF THIS SECTION DO
NOT APPLY WHEN A PRECINCT CAUCUS OR PARTY ASSEMBLY OCCURS IN A
GEOGRAPHIC LOCATION THAT IS IN AN UNSERVED AREA OF THE STATE
, AS
DEFINED IN SECTION
40-15-102 (32).
(c) A
POLITICAL PARTY HOLDING A PRECINCT CAUCUS OR PARTY
ASSEMBLY THAT IS EXEMPT PURSUANT TO SUBSECTION
(2)(b) OF THIS
SECTION FROM THE REQUIREMENTS OF SUBSECTION
(2)(a) OF THIS SECTION
MUST ALLOW PARTICIPATION WITH THE USE OF AN ALTERNATIVE TO A VIDEO
CONFERENCING PLATFORM
, SUCH AS A TELEPHONE CONFERENCE CALL . THE
ALTERNATIVE MEANS OF PARTICIPATION USED BY A POLITICAL PARTY IN
ACCORDANCE WITH THIS SUBSECTION
(2)(c) MUST BE ACCESSIBLE TO
PERSONS WITH DISABILITIES
.
(d) A
POLITICAL PARTY MAY REQUIRE THAT A PERSON REQUEST TO
PARTICIPATE IN A PRECINCT CAUCUS OR A PARTY ASSEMBLY WITH THE USE
OF A VIDEO CONFERENCING PLATFORM
, OR AN ALTERNATIVE TO A VIDEO
CONFERENCING PLATFORM AS PROVIDED IN SUBSECTION
(2)(c), NOT MORE
THAN THIRTY DAYS IN ADVANCE OF THE PRECINCT CAUCUS OR PARTY
ASSEMBLY
.
(3) T
HE FAILURE OF ANY POLITICAL PARTY TO MAKE A REASONABLE
EFFORT TO COMPLY WITH THE REQUIREMENTS OF THIS SECTION CONSTITUTES
DISCRIMINATION ON THE BASIS OF DISABILITY IN VIOLATION OF SECTION
24-34-802. ANY PERSON WHO IS SUBJECTED TO A VIOLATION OF THIS
SECTION IS ENTITLED TO SEEK ALL RELIEF PROVIDED IN SECTION
24-34-802.
(4) A
NY ACTION TAKEN PURSUANT TO THIS SECTION DOES NOT LIMIT
OR PRECLUDE A PERSON FROM SECURING OR RECOVERING ANY OTHER
AVAILABLE REMEDY INCLUDING ANY REMEDY PROVIDED BY THE FEDERAL
"AMERICANS WITH DISABILITIES ACT OF 1990", 42 U.S.C. SEC. 12101 ET
SEQ
., AS AMENDED, AND THE COLORADO ANTI-DISCRIMINATION ACT, PARTS
3 THROUGH 8 OF ARTICLE 34 OF TITLE 24.
SECTION 3. In Colorado Revised Statutes, 1-4-801, amend (5)(a)
as follows:
1-4-801. Designation of party candidates by petition.
(5) (a) Party petitions shall not be circulated nor any signatures be obtained
prior to the third Tuesday in January
FIRST BUSINESS DAY IN JANUARY.
PAGE 3-HOUSE BILL 24-1067 Petitions must be filed no later than the close of business on the third
Tuesday in March,
OR ON THE SEVENTY -FIFTH DAY AFTER THE FIRST
BUSINESS DAY IN
JANUARY, WHICHEVER IS LATER.
SECTION 4. Act subject to petition - effective date. This act
takes effect at 12:01 a.m. on the day following the expiration of the
ninety-day period after final adjournment of the general assembly; except
that, if a referendum petition is filed pursuant to section 1 (3) of article V
of the state constitution against this act or an item, section, or part of this act
within such period, then the act, item, section, or part will not take effect
PAGE 4-HOUSE BILL 24-1067 unless approved by the people at the general election to be held in
November 2024 and, in such case, will take effect on the date of the official
declaration of the vote thereon by the governor.
____________________________ ____________________________
Julie McCluskie Steve Fenberg
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Robin Jones Cindi L. Markwell
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 5-HOUSE BILL 24-1067