Colorado 2024 Regular Session

Colorado House Bill HB1067 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	Second Regular Session
	2	+	Seventy-fourth General Assembly
	3	+	STATE OF COLORADO
	4	+	REREVISED
	5	+	This Version Includes All Amendments
	6	+	Adopted in the Second House
	7	+	LLS NO. 24-0225.01 Alison Killen x4350
1	8		HOUSE BILL 24-1067
2		-	BY REPRESENTATIVE(S) Ortiz, Amabile, Bacon, Bird, Boesenecker,
3		-	Brown, Clifford, Daugherty, DeGraaf, deGruy Kennedy, Duran, English,
4		-	Epps, Froelich, Garcia, Hamrick, Hernandez, Herod, Jodeh, Joseph, Kipp,
5		-	Lieder, Lindsay, Lindstedt, Mabrey, Marshall, Martinez, Marvin, Mauro,
6		-	McCormick, McLachlan, Ricks, Rutinel, Sirota, Snyder, Story, Titone,
7		-	Valdez, Velasco, Weissman, Woodrow, Young, McCluskie, Vigil, Willford;
8		-	also SENATOR(S) Winter F. and Liston, Buckner, Coleman, Cutter,
9		-	Danielson, Exum, Gonzales, Hansen, Kolker, Marchman, Michaelson Jenet,
10		-	Priola, Roberts, Sullivan.
	9	+	House Committees Senate Committees
	10	+	State, Civic, Military, & Veterans Affairs State, Veterans, & Military Affairs
	11	+	A BILL FOR AN ACT
11	12		C
12		-	ONCERNING BALLOT ACCESS FOR CANDIDATES WITH DISABILITIES .
13		-
14		-	Be it enacted by the General Assembly of the State of Colorado:
15		-	SECTION 1. Legislative declaration. (1) The general assembly
16		-	hereby finds and declares that:
17		-	(a) The rights of all persons to access and participate in all levels of
18		-	government is critical to the functions of democracy;
19		-	(b) Despite the passage of the "Americans with Disabilities Act of
20		-	1990", which provided for the beginnings of basic access for persons with
21		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
22		-	officers and the Governor. To determine whether the Governor has signed the bill
23		-	or taken other action on it, please consult the legislative status sheet, the legislative
24		-	history, or the Session Laws.
25		-	________
26		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
27		-	through words or numbers indicate deletions from existing law and such material is not part of
28		-	the act. disabilities, many persons with disabilities are still denied access to and
29		-	participation in government at all levels;
30		-	(c) Persons with disabilities have remained unable to participate
31		-	fully and equally in meetings, such as caucuses held in inaccessible
32		-	locations, committee meetings that do not provide for remote testimony, and
33		-	live events in many locations in the state capitol building and other
34		-	government buildings that predate the "Americans with Disabilities Act of
35		-	1990"; and
36		-	(d) It is the public policy of the state to promote equitable access to
37		-	and participation in government for persons with disabilities at all levels
38		-	and all stages of the governmental process.
39		-	SECTION 2. In Colorado Revised Statutes, add 1-1-116 as
40		-	follows:
	13	+	ONCERNING BALLOT ACCESS FOR CANDI DATES WITH DISABILITIES .101
	14	+	Bill Summary
	15	+	(Note: This summary applies to this bill as introduced and does
	16	+	not reflect any amendments that may be subsequently adopted. If this bill
	17	+	passes third reading in the house of introduction, a bill summary that
	18	+	applies to the reengrossed version of this bill will be available at
	19	+	http://leg.colorado.gov
	20	+	.)
	21	+	The bill requires the general assembly, the secretary of state, and
	22	+	each political party to ensure that the caucus process or any future
	23	+	alternative process by which candidates may access the ballot that is
	24	+	accessible to persons with disabilities remains an option in the state. The
	25	+	bill specifies that the petition process is not a means of ballot access that
	26	+	is accessible to persons with disabilities. In addition, the bill requires that,
	27	+	within 6 months of the effective date of the bill, any person, upon request,
	28	+	must be able to participate in a precinct caucus or a party assembly with
	29	+	SENATE
	30	+	3rd Reading Unamended
	31	+	March 7, 2024
	32	+	SENATE
	33	+	Amended 2nd Reading
	34	+	March 6, 2024
	35	+	HOUSE
	36	+	3rd Reading Unamended
	37	+	February 12, 2024
	38	+	HOUSE
	39	+	Amended 2nd Reading
	40	+	February 9, 2024
	41	+	HOUSE SPONSORSHIP
	42	+	Ortiz and Bradley, Amabile, Bacon, Bird, Boesenecker, Brown, Clifford, Daugherty,
	43	+	DeGraaf, deGruy Kennedy, Duran, English, Epps, Froelich, Garcia, Hamrick, Hernandez,
	44	+	Herod, Jodeh, Joseph, Kipp, Lieder, Lindsay, Lindstedt, Mabrey, Marshall, Martinez, Marvin,
	45	+	Mauro, McCluskie, McCormick, McLachlan, Ricks, Rutinel, Sirota, Snyder, Story, Titone,
	46	+	Valdez, Velasco, Weissman, Woodrow, Young
	47	+	SENATE SPONSORSHIP
	48	+	Winter F. and Liston, Buckner, Coleman, Cutter, Danielson, Exum, Gonzales, Hansen,
	49	+	Kolker, Marchman, Michaelson Jenet, Priola, Roberts, Sullivan
	50	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	51	+	Capital letters or bold & italic numbers indicate new material to be added to existing law.
	52	+	Dashes through the words or numbers indicate deletions from existing law. the use of a video conferencing platform that is accessible to persons with
	53	+	disabilities unless the precinct caucus or party assembly is held in a
	54	+	geographic location that lacks broadband internet service.
	55	+	Be it enacted by the General Assembly of the State of Colorado:1
	56	+	SECTION 1. Legislative declaration. (1) The general assembly2
	57	+	hereby finds and declares that:3
	58	+	(a) The rights of all persons to access and participate in all levels4
	59	+	of government is critical to the functions of democracy;5
	60	+	(b) Despite the passage of the "Americans with Disabilities Act6
	61	+	of 1990", which provided for the beginnings of basic access for persons7
	62	+	with disabilities, many persons with disabilities are still denied access to8
	63	+	and participation in government at all levels;
	64	+	9
	65	+	(c) Persons with disabilities have remained unable to participate10
	66	+	fully and equally in meetings, such as caucuses held in inaccessible11
	67	+	locations, committee meetings that do not provide for remote testimony,12
	68	+	and live events in many locations in the state capitol building and other13
	69	+	government buildings that predate the "Americans with Disabilities Act14
	70	+	of 1990"; and15
	71	+	16
	72	+	(d) It is the public policy of the state to promote equitable access17
	73	+	to and participation in government for persons with disabilities at all18
	74	+	levels and all stages of the governmental process.19
	75	+	20
	76	+	SECTION 2. In Colorado Revised Statutes, add 1-1-116 as21
	77	+	follows:22
41	78		1-1-116. Access to precinct caucus - party assembly. (1) T
42		-	HE
43		-	GENERAL ASSEMBLY
44		-	, THE SECRETARY OF STATE, AND EACH POLITICAL PARTY
45		-	SHALL ENSURE THAT THE CAUCUS PROCESS OR ANY FUTURE ALTERNATIVE
46		-	PROCESS BY WHICH CANDIDATES MAY ACCESS THE BALLOT THAT IS
47		-	ACCESSIBLE TO PERSONS WITH DISABILITIES REMAINS AN OPTION IN THE
48		-	STATE
49		-	.
	79	+	HE23
	80	+	GENERAL ASSEMBLY, THE SECRETARY OF STATE, AND EACH POLITICAL24
	81	+	1067-2- PARTY SHALL ENSURE THAT THE CAUCUS PROCESS OR ANY FUTURE1
	82	+	ALTERNATIVE PROCESS BY WHICH CANDIDATES MAY ACCESS THE BALLOT2
	83	+	THAT IS ACCESSIBLE TO PERSONS WITH DISABILITIES REMAINS AN OPTION3
	84	+	IN THE STATE. 4
50	85		(2) (a) N
51		-	OTWITHSTANDING ANY PROVISION TO THE CONTRARY ,
52		-	WITHIN SIX MONTHS OF THE EFFECTIVE DATE OF THIS SECTION, ANY PERSON,
53		-	UPON REQUEST, MUST BE ABLE TO PARTICIPATE IN A PRECINCT CAUCUS OR
54		-	A PARTY ASSEMBLY WITH THE USE OF A VIDEO CONFERENCING PLATFORM
55		-	.
56		-	T
57		-	HE POLITICAL PARTY HOLDING THE CAUCUS OR ASSEMBLY MUST ALLOW
58		-	PARTICIPATION WITH THE USE OF A VIDEO CONFERENCING PLATFORM
59		-	WITHOUT REQUIRING OR REQUESTING AN EXPLANATION OF THE NEED FOR
60		-	THE USE OF THE VIDEO CONFERENCING PLATFORM
61		-	. IT IS IN A POLITICAL
62		-	PARTY
63		-	'S DISCRETION TO DETERMINE WHICH VIDEO CONFERENCING PLATFORM
64		-	WILL BE USED FOR PRECINCT CAUCUSES AND PARTY ASSEMBLIES SO LONG AS
65		-	THE PLATFORM IS ACCESSIBLE TO PERSONS WITH DISABILITIES
66		-	. EACH
67		-	POLITICAL PARTY SHALL ESTABLISH POLICIES REGARDING THE PROCEDURE
68		-	AND TIMELINE FOR A PERSON TO REQUEST TO PARTICIPATE IN A PRECINCT
69		-	CAUCUS OR A PARTY ASSEMBLY WITH THE USE OF A VIDEO CONFERENCING
70		-	PLATFORM
71		-	.
72		-	PAGE 2-HOUSE BILL 24-1067 (b) THE REQUIREMENTS OF SUBSECTION (2)(a) OF THIS SECTION DO
73		-	NOT APPLY WHEN A PRECINCT CAUCUS OR PARTY ASSEMBLY OCCURS IN A
74		-	GEOGRAPHIC LOCATION THAT IS IN AN UNSERVED AREA OF THE STATE
75		-	, AS
76		-	DEFINED IN SECTION
77		-	40-15-102 (32).
78		-	(c) A
79		-	POLITICAL PARTY HOLDING A PRECINCT CAUCUS OR PARTY
80		-	ASSEMBLY THAT IS EXEMPT PURSUANT TO SUBSECTION
81		-	(2)(b) OF THIS
82		-	SECTION FROM THE REQUIREMENTS OF SUBSECTION
83		-	(2)(a) OF THIS SECTION
84		-	MUST ALLOW PARTICIPATION WITH THE USE OF AN ALTERNATIVE TO A VIDEO
85		-	CONFERENCING PLATFORM
86		-	, SUCH AS A TELEPHONE CONFERENCE CALL . THE
87		-	ALTERNATIVE MEANS OF PARTICIPATION USED BY A POLITICAL PARTY IN
88		-	ACCORDANCE WITH THIS SUBSECTION
89		-	(2)(c) MUST BE ACCESSIBLE TO
90		-	PERSONS WITH DISABILITIES
91		-	.
92		-	(d) A
93		-	POLITICAL PARTY MAY REQUIRE THAT A PERSON REQUEST TO
94		-	PARTICIPATE IN A PRECINCT CAUCUS OR A PARTY ASSEMBLY WITH THE USE
95		-	OF A VIDEO CONFERENCING PLATFORM
96		-	, OR AN ALTERNATIVE TO A VIDEO
97		-	CONFERENCING PLATFORM AS PROVIDED IN SUBSECTION
98		-	(2)(c), NOT MORE
99		-	THAN THIRTY DAYS IN ADVANCE OF THE PRECINCT CAUCUS OR PARTY
100		-	ASSEMBLY
101		-	.
	86	+	OTWITHSTANDING ANY PROVISION TO THE CONTRARY ,5
	87	+	WITHIN SIX MONTHS OF THE EFFECTIVE DATE OF THIS SECTION , ANY6
	88	+	PERSON, UPON REQUEST, MUST BE ABLE TO PARTICIPATE IN A PRECINCT7
	89	+	CAUCUS OR A PARTY ASSEMBLY WITH THE USE OF A VIDEO CONFERENCING8
	90	+	PLATFORM. THE POLITICAL PARTY HOLDING THE CAUCUS OR ASSEMBLY9
	91	+	MUST ALLOW PARTICIPATION WITH THE USE OF A VIDEO CONFERENCING10
	92	+	PLATFORM WITHOUT REQUIRING OR REQUESTING AN EXPLANATION OF THE11
	93	+	NEED FOR THE USE OF THE VIDEO CONFERENCING PLATFORM . IT IS IN A12
	94	+	POLITICAL PARTY'S DISCRETION TO DETERMINE WHICH VIDEO13
	95	+	CONFERENCING PLATFORM WILL BE USED FOR PRECINCT CAUCUSES AND14
	96	+	PARTY ASSEMBLIES SO LONG AS THE PLATFORM IS ACCESSIBLE TO PERSONS15
	97	+	WITH DISABILITIES. EACH POLITICAL PARTY
	98	+	SHALL ESTABLISH POLICIES16
	99	+	REGARDING THE PROCEDURE AND TIMELINE FOR A PERSON TO REQUEST TO17
	100	+	PARTICIPATE IN A PRECINCT CAUCUS OR A PARTY ASSEMBLY WITH THE USE18
	101	+	OF A VIDEO CONFERENCING PLATFORM .19
	102	+	(b) T
	103	+	HE REQUIREMENTS OF SUBSECTION (2)(a) OF THIS SECTION DO20
	104	+	NOT APPLY WHEN A PRECINCT CAUCUS OR PARTY ASSEMBLY OCCURS IN A21
	105	+	GEOGRAPHIC LOCATION THAT IS IN AN UNSERVED AREA OF THE STATE , AS22
	106	+	DEFINED IN SECTION 40-15-102 (32).23 (c) A POLITICAL PARTY HOLDING A PRECINCT CAUCUS OR PARTY24
	107	+	ASSEMBLY THAT IS EXEMPT PURSUANT TO SUBSECTION (2)(b) OF THIS25
	108	+	SECTION FROM THE REQUIREMENTS OF SUBSECTION (2)(a) OF THIS SECTION26
	109	+	MUST ALLOW PARTICIPATION WITH THE USE OF AN ALTERNATIVE TO A27
	110	+	1067
	111	+	-3- VIDEO CONFERENCING PLATFORM, SUCH AS A TELEPHONE CONFERENCE1
	112	+	CALL. THE ALTERNATIVE MEANS OF PARTICIPATION USED BY A POLITICAL2
	113	+	PARTY IN ACCORDANCE WITH THIS SUBSECTION (2)(c) MUST BE3
	114	+	ACCESSIBLE TO PERSONS WITH DISABILITIES.4
	115	+	(d) A POLITICAL PARTY MAY REQUIRE THAT A PERSON REQUEST TO5
	116	+	PARTICIPATE IN A PRECINCT CAUCUS OR A PARTY ASSEMBLY WITH THE USE6
	117	+	OF A VIDEO CONFERENCING PLATFORM , OR AN ALTERNATIVE TO A VIDEO7
	118	+	CONFERENCING PLATFORM AS PROVIDED IN SUBSECTION (2)(c), NOT MORE8
	119	+	THAN THIRTY DAYS IN ADVANCE OF THE PRECINCT CAUCUS OR PARTY9
	120	+	ASSEMBLY.10
102	121		(3) T
103		-	HE FAILURE OF ANY POLITICAL PARTY TO MAKE A REASONABLE
104		-	EFFORT TO COMPLY WITH THE REQUIREMENTS OF THIS SECTION CONSTITUTES
105		-	DISCRIMINATION ON THE BASIS OF DISABILITY IN VIOLATION OF SECTION
106		-	24-34-802. ANY PERSON WHO IS SUBJECTED TO A VIOLATION OF THIS
107		-	SECTION IS ENTITLED TO SEEK ALL RELIEF PROVIDED IN SECTION
108		-	24-34-802.
109		-	(4) A
110		-	NY ACTION TAKEN PURSUANT TO THIS SECTION DOES NOT LIMIT
111		-	OR PRECLUDE A PERSON FROM SECURING OR RECOVERING ANY OTHER
112		-	AVAILABLE REMEDY INCLUDING ANY REMEDY PROVIDED BY THE FEDERAL
113		-	"AMERICANS WITH DISABILITIES ACT OF 1990", 42 U.S.C. SEC. 12101 ET
114		-	SEQ
115		-	., AS AMENDED, AND THE COLORADO ANTI-DISCRIMINATION ACT, PARTS
116		-	3 THROUGH 8 OF ARTICLE 34 OF TITLE 24.
117		-	SECTION 3. In Colorado Revised Statutes, 1-4-801, amend (5)(a)
118		-	as follows:
119		-	1-4-801. Designation of party candidates by petition.
120		-	(5) (a) Party petitions shall not be circulated nor any signatures be obtained
121		-	prior to the third Tuesday in January
122		-	FIRST BUSINESS DAY IN JANUARY.
123		-	PAGE 3-HOUSE BILL 24-1067 Petitions must be filed no later than the close of business on the third
124		-	Tuesday in March,
125		-	OR ON THE SEVENTY -FIFTH DAY AFTER THE FIRST
126		-	BUSINESS DAY IN
127		-	JANUARY, WHICHEVER IS LATER.
128		-	SECTION 4. Act subject to petition - effective date. This act
129		-	takes effect at 12:01 a.m. on the day following the expiration of the
130		-	ninety-day period after final adjournment of the general assembly; except
131		-	that, if a referendum petition is filed pursuant to section 1 (3) of article V
132		-	of the state constitution against this act or an item, section, or part of this act
133		-	within such period, then the act, item, section, or part will not take effect
134		-	PAGE 4-HOUSE BILL 24-1067 unless approved by the people at the general election to be held in
135		-	November 2024 and, in such case, will take effect on the date of the official
136		-	declaration of the vote thereon by the governor.
137		-	____________________________ ____________________________
138		-	Julie McCluskie Steve Fenberg
139		-	SPEAKER OF THE HOUSE PRESIDENT OF
140		-	OF REPRESENTATIVES THE SENATE
141		-	____________________________ ____________________________
142		-	Robin Jones Cindi L. Markwell
143		-	CHIEF CLERK OF THE HOUSE SECRETARY OF
144		-	OF REPRESENTATIVES THE SENATE
145		-	APPROVED________________________________________
146		-	(Date and Time)
147		-	_________________________________________
148		-	Jared S. Polis
149		-	GOVERNOR OF THE STATE OF COLORADO
150		-	PAGE 5-HOUSE BILL 24-1067
	122	+	HE FAILURE OF ANY POLITICAL PARTY TO
	123	+	MAKE A11
	124	+	REASONABLE EFFORT TO COMPLY WITH THE REQUIREMENTS OF THIS12
	125	+	SECTION CONSTITUTES DISCRIMINATION ON THE BASIS OF DISABILITY IN13
	126	+	VIOLATION OF SECTION 24-34-802. ANY PERSON WHO IS SUBJECTED TO A14
	127	+	VIOLATION OF THIS SECTION IS ENTITLED TO SEEK ALL RELIEF PROVIDED IN15
	128	+	SECTION 24-34-802.16
	129	+	(4) ANY ACTION TAKEN PURSUANT TO THIS SECTION DOES NOT17
	130	+	LIMIT OR PRECLUDE A PERSON FROM SECURING OR RECOVERING ANY18
	131	+	OTHER AVAILABLE REMEDY INCLUDING ANY REMEDY PROVIDED BY THE19
	132	+	FEDERAL "AMERICANS WITH DISABILITIES ACT OF 1990", 42 U.S.C. SEC.20
	133	+	12101 ET SEQ., AS AMENDED, AND THE COLORADO ANTI-DISCRIMINATION21
	134	+	ACT, PARTS 3 THROUGH 8 OF ARTICLE 34 OF TITLE 24.22
	135	+	SECTION 3. In Colorado Revised Statutes, 1-4-801, amend23
	136	+	(5)(a) as follows:24
	137	+	1-4-801. Designation of party candidates by petition.25
	138	+	(5) (a) Party petitions shall not be circulated nor any signatures be26
	139	+	obtained prior to the third Tuesday in January FIRST BUSINESS DAY IN27
	140	+	1067
	141	+	-4- JANUARY. Petitions must be filed no later than the close of business on1
	142	+	the third Tuesday in March,
	143	+	OR ON THE SEVENTY-FIFTH DAY AFTER THE
	144	+	2
	145	+	FIRST BUSINESS DAY IN JANUARY, WHICHEVER IS LATER.3
	146	+	SECTION 4. Act subject to petition - effective date. This act4
	147	+	takes effect at 12:01 a.m. on the day following the expiration of the5
	148	+	ninety-day period after final adjournment of the general assembly; except6
	149	+	that, if a referendum petition is filed pursuant to section 1 (3) of article V7
	150	+	of the state constitution against this act or an item, section, or part of this8
	151	+	act within such period, then the act, item, section, or part will not take9
	152	+	effect unless approved by the people at the general election to be held in10
	153	+	November 2024 and, in such case, will take effect on the date of the11
	154	+	official declaration of the vote thereon by the governor.12
	155	+	1067
	156	+	-5-