Colorado Senate Bill SB210 Latest Draft

                            SENATE BILL 24-210
BY SENATOR(S) Fenberg and Pelton B., Gonzales, Priola;
also REPRESENTATIVE(S) Sirota, Amabile, Bacon, Bird, Boesenecker,
Brown, Clifford, Daugherty, deGruy Kennedy, Duran, Epps, Froelich,
Garcia, Hamrick, Hernandez, Herod, Jodeh, Joseph, Kipp, Lieder, Lindsay,
Lindstedt, Lukens, Mabrey, Marshall, Martinez, Marvin, Mauro,
McCormick, McLachlan, Ortiz, Parenti, Rutinel, Snyder, Story, Titone,
Valdez, Velasco, Vigil, Willford, Young, McCluskie.
C
ONCERNING MODIFICATIONS TO LAWS REGARDING ELECTIONS , AND, IN
CONNECTION THEREWITH
, MAKING AN APPROPRIATION.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 1-1-110, add (3.5) as
follows:
1-1-110.  Powers of county clerk and recorder and deputy -
communication to electors - repeal. (3.5) (a)  A
S THE CHIEF ELECTION
OFFICIAL FOR THE COUNTY
, AND TO COMPLY WITH THIS CODE AND THE RULES
AND ORDERS PROMULGATED BY THE SECRETARY OF STATE
, THE COUNTY
CLERK AND RECORDER SHALL SET OPERATIONAL HOURS FOR THE CLERK AND
RECORDER
'S OFFICE.
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. (b)  THIS SUBSECTION (3.5) IS REPEALED, EFFECTIVE JANUARY 31,
2025.
SECTION 2. In Colorado Revised Statutes, 1-2-101, amend
(2)(a)(I) as follows:
1-2-101.  Qualifications for registration - preregistration.
(2) (a) (I)  Notwithstanding subsection (1) of this section, upon satisfactory
proof of age, every person who is otherwise qualified to register and is
sixteen
 FIFTEEN years of age or older but will not have reached eighteen
years of age by the date of the next election may preregister and update his
or her THE PERSON'S preregistered information by any means authorized in
this article for persons eighteen years of age or older. Upon reaching
eighteen years of age, the person is automatically registered.
SECTION 3. In Colorado Revised Statutes, 1-2-202.5, amend
(3)(a)(I) as follows:
1-2-202.5.  Online voter registration - online changes in elector
information. (3)  The electronic voter registration form must include:
(a) (I)  The questions "Are you a citizen of the United States of
America?", "Are you at least sixteen
 FIFTEEN years of age?", "Do you
understand that you must be at least seventeen years old and turning
eighteen years old on or before the date of the next general election to be
eligible to vote in a primary election, and at least eighteen years old to be
eligible to vote in any other election?", "Have you resided in Colorado for
at least twenty-two days immediately prior to the election?","Do you reside
in the precinct in which you intend to register?", "Is the address you have
listed your sole legal place of residence for purposes of voting?", and "Do
you affirm that you will not cast more than one ballot in any election?" and
places for the elector to input answers to the questions.
SECTION 4. In Colorado Revised Statutes, 1-2-205, amend (2) as
follows:
1-2-205.  Self-affirmation made by elector. (2)  Each elector
making application for registration or preregistration shall make the
following self-affirmation: "I, ...., affirm that I am a citizen of the United
PAGE 2-SENATE BILL 24-210 States; I have been a resident of Colorado for at least twenty-two days
immediately before an election I intend to vote in; I am at least sixteen
FIFTEEN years old; and I understand that I must be at least eighteen to be
eligible to vote in any election. I further affirm that the residence address I
provided is my sole legal place of residence. I certify under penalty of
perjury that the information I have provided on this application is true to the
best of my knowledge and belief; and that I have not, nor will I, cast more
than one ballot in any election."
SECTION 5. In Colorado Revised Statutes, 1-2-402, amend (3) as
follows:
1-2-402.  Registration by high school deputy registrars - rules.
(3)  A high school deputy registrar may have available an official
application form for voter registration for each student who is eighteen
years of age or who will be eighteen years of age at the time of the next
election. A high school deputy registrar may have available an official
application form for preregistration for each student who is sixteen
 FIFTEEN
years of age.
SECTION 6. In Colorado Revised Statutes, 1-3-103, amend (5)(a)
and (6)(a) as follows:
1-3-103.  Party committees. (5) (a)  When a state senatorial district
is comprised of one or more whole counties or of a part of one county and
all or a part of one or more other counties, a state senatorial central
committee shall consist of 
THE ELECTED PRECINCT COMMITTEE PERSONS , the
chairpersons, vice-chairpersons, and secretary of the several party county
central committees, who reside within the state senatorial district. If any of
those officers do not reside in the state senatorial district, replacements shall
be provided who do reside in the district. The state senatorial central
committee shall also include the elected state senator of the party for the
state senatorial district, the state representatives of the party who reside
within the state senatorial district, and a chairperson, vice-chairperson, and
secretary of the state senatorial central committee, who may or may not be
elected from among, but shall be elected by, the chairpersons,
vice-chairpersons, and secretary, the state senator, and the state
representatives.
(6) (a)  When a state representative district is comprised of one or
PAGE 3-SENATE BILL 24-210 more whole counties or of a part of one county and all or a part of one or
more other counties, a state representative central committee shall consist
of 
THE ELECTED PRECINCT COMMITTEE PERSONS , the chairpersons,
vice-chairpersons, and secretary of the several party county central
committees, who reside within the state representative district. If any of
those officers do not reside in the state representative district, replacements
shall be provided who do reside in the district. The state representative
central committee shall also include the elected state representative of the
party for the state representative district, each state senator of the party who
resides within that representative district, and a chairperson,
vice-chairperson, and secretary of the state representative central
committee, who may or may not be elected from among, but shall be elected
by, the chairpersons, vice-chairpersons, and secretary, the state
representative, and the state senators.
SECTION 7. In Colorado Revised Statutes, amend 1-4-105 as
follows:
1-4-105.  Defeated candidate ineligible. No person who has been
defeated as a candidate in a primary election shall be eligible for election
to the same office by ballot or as a write-in candidate in the next general
election unless the party vacancy committee nominates that person; 
EXCEPT
THAT THIS SECTION DOES NOT APPLY TO CANDIDATES FOR PRESIDENT OF THE
UNITED STATES.
SECTION 8. In Colorado Revised Statutes, 1-4-304, amend (1)
and (2) as follows:
1-4-304.  Presidential electors. (1)  The presidential electors shall
convene at the capital of the state, in the office of the governor at the capitol
building, on the first Tuesday after the second Wednesday in the first
December following their election at the hour of 12 noon and take the oath
required by law for presidential electors; 
EXCEPT THAT THE PRESIDENTIAL
ELECTORS MAY CONVENE AT A DIFFERENT LOCATION DESIGNATED BY THE
GOVERNOR IF THE GOVERNOR DETERMINES THAT IT IS NOT FEASIBLE TO MEET
IN THE OFFICE OF THE GOVERNOR AT THE CAPITOL BUILDING
. If any vacancy
occurs in the office of a presidential elector because of death, refusal to act,
absence, or other cause, the presidential electors present shall immediately
proceed to fill the vacancy in the electoral college. When all vacancies have
been filled, the presidential electors shall proceed to perform the duties
PAGE 4-SENATE BILL 24-210 required of them by the constitution and laws of the United States. The vote
for president and vice president shall be taken by open ballot.
(2)  The secretary of state shall give notice in writing to each of the
presidential electors of the time and place of the meeting at least ten days
prior to the meeting; 
EXCEPT THAT IF THE GOVERNOR DETERMINES THAT IT
IS NOT FEASIBLE TO MEET IN THE OFFICE OF THE GOVERNOR AT THE CAPITOL
BUILDING
, THE SECRETARY OF STATE SHALL GIVE NOTICE AS EARLY AS
POSSIBLE
.
SECTION 9. In Colorado Revised Statutes, 1-4-403, amend (2) as
follows:
1-4-403.  Nomination of unaffiliated candidates for congressional
vacancy election. (2)  Petitions must be filed by 3 p.m.
 5 P.M. on the
twentieth day after the date of the order issued by the governor.
SECTION 10. In Colorado Revised Statutes, 1-4-802, amend
(1)(d), (1)(f), and (1)(g)(II) as follows:
1-4-802.  Petitions for nominating minor political party and
unaffiliated candidates for a partisan office. (1)  Candidates for partisan
public offices to be filled at a general or congressional vacancy election
who do not wish to affiliate with a major political party may be nominated,
other than by a primary election or a convention, in the following manner:
(d) (I)  No petition to nominate an unaffiliated candidate, except
petitions for candidates for vacancies to unexpired terms of representatives
in congress, and for presidential electors,
 shall be circulated or any
signatures obtained thereon earlier than one hundred seventy-three days
before the general election.
(II)  No petition to nominate a minor political party candidate shall
be circulated nor any signatures obtained thereon earlier than the first
Monday in February
 BUSINESS DAY IN JANUARY in the general election year.
(f) (I)  Except as provided by subparagraph (II) of this paragraph (f)
IN SUBSECTION (1)(f)(II) OF THIS SECTION, petitions shall MUST be filed no
later than 3 p.m. 5 P.M. on the one hundred seventeenth day before the
general election or, for a congressional vacancy election, no later than 3
PAGE 5-SENATE BILL 24-210 p.m. 5 P.M. on the twentieth day after the date of the order issued by the
governor.
(II)  Petitions to nominate candidates of minor political parties must
be filed no later than the close of business 5 P.M. on the eighty-fifth day
before the primary election as specified in section 1-4-101 THIRD TUESDAY
IN 
MARCH OR ON THE SEVENTY-FIFTH DAY AFTER THE FIRST BUSINESS DAY
IN 
JANUARY, WHICHEVER IS LATER.
(g) (II)  For general elections, no person shall be placed in
nomination by petition unless the person is an eligible elector of the
political subdivision or district in which the officer is to be elected and
unless the person was registered as affiliated with a minor political party or
as unaffiliated, as shown in the statewide voter registration system, no later
than the first business day of the January immediately preceding the general
election for which the person desires to be placed in nomination; except
that, if such nomination is for a nonpartisan election, the person shall be an
eligible elector of the political subdivision or district and be a registered
elector, as shown in the statewide voter registration system, on the date of
the earliest signature on the petition. T
HIS SECTION DOES NOT APPLY TO
CANDIDATES SEEKING THE OFFICE OF PRESIDENT OF THE 
UNITED STATES.
SECTION 11. In Colorado Revised Statutes, add 1-4-905.7 as
follows:
1-4-905.7.  Expenditures related to petition circulation - report
- penalty - definitions. (1)  A
S USED IN THIS SECTION, UNLESS THE CONTEXT
OTHERWISE REQUIRES
:
(a)  "E
XPENDITURE" MEANS A PAYMENT TO A CIRCULATOR .
(b)  "F
ALSE ADDRESS" MEANS A STREET ADDRESS, POST OFFICE BOX,
CITY, STATE, OR ANY OTHER DESIGNATION OF PLACE USED IN A
CIRCULATOR
'S AFFIDAVIT THAT DOES NOT REPRESENT THE CIRCULATOR 'S
CORRECT ADDRESS OF PERMANENT DOMICILE AT THE TIME THE CIRCULATOR
CIRCULATED PETITIONS
. "FALSE ADDRESS" DOES NOT INCLUDE AN ADDRESS
THAT MERELY OMITS THE DESIGNATION OF 
"STREET", "AVENUE",
"
BOULEVARD", OR ANY COMPARABLE TERM BUT DOES INCLUDE THE
OMISSION OF THE APARTMENT OR UNIT NUMBER
, WHERE APPLICABLE, OF THE
PLACE OF RESIDENCE
.
PAGE 6-SENATE BILL 24-210 (c)  "REPORT" MEANS THE REPORT REQUIRED TO BE FILED PURSUANT
TO SUBSECTION 
(2) OF THIS SECTION.
(2)  N
O LATER THAN TEN DAYS AFTER THE DATE THAT A CANDIDATE ,
RECALL, OR MINOR PARTY PETITION IS FILED WITH THE SECRETARY OF STATE,
THE CANDIDATE OR CANDIDATE COMMITTEE , RECALL COMMITTEE , OR
REPRESENTATIVES OF THE MINOR PARTY PETITION MUST SUBMIT TO THE
SECRETARY OF STATE A REPORT THAT STATES THE DATES OF CIRCULATION
BY ALL CIRCULATORS WHO WERE PAID TO CIRCULATE A SECTION OF THE
PETITION
, THE TOTAL HOURS FOR WHICH EACH CIRCULATOR WAS PAID TO
CIRCULATE A SECTION OF THE PETITION
, THE GROSS AMOUNT OF WAGES PAID
FOR SUCH HOURS
, AND ANY ADDRESSES USED BY CIRCULATORS ON THEIR
AFFIDAVITS THAT THE C ANDIDATE OR CANDIDATE COMMITTEE
, RECALL
COMMITTEE
, OR REPRESENTATIVES OF THE MINOR PARTY PETITION, OR THEIR
AGENTS
, HAVE DETERMINED, PRIOR TO PETITION FILING, TO BE FALSE
ADDRESSES
.
(3) (a)  W
ITHIN TEN DAYS AFTER THE DATE THE REPORT IS FILED , A
REGISTERED ELECTOR MAY FILE A COMPLAINT ALLEGING A VIOLATION OF
THE REQUIREMENTS FOR THE REPORT SET FORTH IN SUBSECTION 
(2) OF THIS
SECTION
. THE CANDIDATE OR CANDIDATE COMMITTEE , RECALL COMMITTEE,
OR REPRESENTATIVES OF THE MINOR PARTY PETITION COMMITTEE MAY CURE
THE ALLEGED VIOLATION BY ADDITIONALLY FILING A REPORT OR AN
ADDENDUM TO THE ORIGINAL REPORT WITHIN TEN DAYS AFTER THE DATE
THE COMPLAINT IS FILED
. IF THE VIOLATION IS NOT CURED , A HEARING
OFFICER SHALL CONDUCT A HEARING ON THE COMPLAINT WITHIN FOURTEEN
DAYS AFTER THE DATE OF THE ADDITIONAL FILING OR THE DEADLINE FOR
THE ADDITIONAL FILING
, WHICHEVER IS SOONER.
(b) (I)  A
FTER A HEARING IS HELD , IF THE HEARING OFFICER
DETERMINES THAT THE CANDIDATE OR CANDIDATE COMMITTEE
, RECALL
COMMITTEE
, OR REPRESENTATIVES OF THE MINOR PARTY PETITION
INTENTIONALLY VIOLATED THE REPORTING REQUIREMENTS OF THIS SECTION
,
THE CANDIDATE OR CANDIDATE COMMITTEE , RECALL COMMITTEE, OR
REPRESENTATIVES OF THE MINOR PARTY PETITION SHALL BE SUBJECT TO A
PENALTY THAT IS EQUAL TO THREE TIMES THE AMOUNT OF ANY
EXPENDITURES THAT WERE OMITTED FROM OR ERRONEOUSLY INCLUDED IN
THE REPORT
.
(II)  I
F THE HEARING OFFICER DETERMINES THAT THE CANDIDATE OR
PAGE 7-SENATE BILL 24-210 CANDIDATE COMMITTEE	, RECALL COMMITTEE, OR REPRESENTATIVES OF THE
MINOR PARTY PETITION INTENTIONALLY MISSTATED A MATERIAL FACT IN
THE REPORT OR OMITTED A MATERIAL FACT FROM THE REPORT
, OR IF THE
CANDIDATE OR CANDIDATE COMMITTEE
, RECALL COMMITTEE , OR
REPRESENTATIVES OF THE MINOR PARTY PETITION NEVER FILED A REPORT
,
THE REGISTERED ELECTOR WHO INSTITUTED THE PROCEEDINGS MAY
COMMENCE A CIVIL ACTION TO RECOVER REASONABLE ATTORNEY FEES AND
COSTS FROM THE CANDIDATE OR CANDIDATE COMMITTEE
, RECALL
COMMITTEE
, OR REPRESENTATIVES OF THE MINOR PARTY PETITION .
(c)  E
XCEPT AS OTHERWISE PROVIDED IN THIS SECTION , ANY
PROCEDURES RELATED TO A COMPLAINT SHALL BE GOVERNED BY THE
"STATE ADMINISTRATIVE PROCEDURE ACT", ARTICLE 4 OF TITLE 24.
SECTION 12. In Colorado Revised Statutes, 1-4-908, amend
(1.5)(b)(I) and (1.5)(b)(II) as follows:
1-4-908.  Review of petition - signature verification - notification
- cure - rules. (1.5) (b) (I)  If it is determined that the signature on the
petition does not match the signature of the eligible elector stored in the
statewide voter registration database, or if a signature verification device is
unable to determine that the signatures match, a second review shall be
made by an employee of the secretary of state's office or a designee trained
in signature verification. If the employee or designee agrees that the
signatures do not match, the secretary of state shall within three days of
determining the signature deficiency,
 COMPLETING REVIEW OF THE ENTIRE
PETITION
, notify the candidate of such deficiency.
(II)  To cure a signature that failed the signature verification process
described in subsection (1.5)(b)(I) of this section, a candidate must provide
the secretary of state with a statement, signed by the elector whose signature
failed the verification process, that states substantially that the elector
signed the petition. The statement must be accompanied by a copy of the
elector's identification, as defined in section 1-1-104 (19.5). The secretary
of state shall prescribe the form for the statement. To cure the signature
deficiency, the candidate must return the statement and a copy of the
elector's identification to the secretary of state within three
 FIVE days of the
date the secretary notifies the candidate of the signature deficiency.
SECTION 13. In Colorado Revised Statutes, 1-5-102.9, amend
PAGE 8-SENATE BILL 24-210 (1)(a)(III) introductory portion and (5)(b); repeal (1)(b.5)(V)(B); and add
(1)(a)(V) as follows:
1-5-102.9.  Voter service and polling centers - number required
- services provided - drop-off locations - definition. (1) (a)  For general
elections, each county clerk and recorder shall designate a minimum
number of voter service and polling centers, as follows:
(III)  E
XCEPT AS OTHERWISE PROVIDED IN SUBSECTION (1)(a)(V) OF
THIS SECTION
, for counties with at least ten thousand but fewer than
thirty-seven thousand five hundred active electors:
(V)  T
HE SECRETARY OF STATE SHALL DEVELOP AND ADMINISTER A
PILOT PROGRAM FOR ELECTIONS CONDUCTED ON OR AFTER 
JULY 1, 2024, BUT
BEFORE 
JANUARY 1, 2027, THAT ALLOWS THE COUNTY CLERK AND
RECORDER OR DESIGNATED ELECTION OFFICIAL OF A COUNTY THAT HAS AT
LEAST TEN THOUSAND BUT FEWER THAN THIRTY
-SEVEN THOUSAND FIVE
HUNDRED ACTIVE ELECTORS
, THAT HAS AT LEAST THREE MUNICIPALITIES ,
AND IN WHICH THE SECOND AND THIRD LARGEST MUNICIPALITIES THAT ARE
LOCATED ENTIRELY WITHIN THE COUNTY BOTH HAVE LESS THAN THREE
PERCENT OF THE ACTIVE ELECTORS IN THE COUNTY
, TO REQUEST A WAIVER
OF THE REQUIREMENT TO DESIGNATE A MINIMUM OF THREE VOTER SERVICE
AND POLLING CENTERS ON ELECTION DAY PURSUANT TO SUBSECTION
(1)(a)(III) OF THIS SECTION. IF THE SECRETARY OF STATE ALLOWS A WAIVER
PURSUANT TO THIS SUBSECTION
 (1)(a)(V), THE COUNTY THAT REQUESTED
THE WAIVER IS REQUIRED TO DESIGNATE A MINIMUM OF TWO VOTER SERVICE
AND POLLING CENTERS ON ELECTION DAY
. THE SECRETARY OF STATE MAY
ALLOW A WAIVER PURSUANT TO THIS SUBSECTION
 (1)(a)(V) TO ONLY ONE
COUNTY DURING THE PILOT PROGRAM
.
(b.5) (V) (B)  Notwithstanding subsection (1)(b.5)(V)(A) of this
section, due to the impact of the COVID-19 pandemic, for any election for
which the number of enrolled students would be based on data from the fall
semester of 2020, the secretary of state shall use data for the fall semester
of 2019 instead of data from the fall semester of 2020 to determine the
number of enrolled students for purposes of subsection (1)(b.5)(I) of this
section. The department of higher education shall provide the data for the
fall semester of 2019 to the secretary of state on or before October 1, 2021.
(5) (b)  For a general election, in addition to the requirements of
PAGE 9-SENATE BILL 24-210 subsection (5)(a) of this section, a county shall establish a drop box on each
campus of a state AN institution of higher education, AS DEFINED IN SECTION
23-3.1-102 (5), located within the county that has two ONE thousand or
more enrolled students as determined in accordance with subsection
(1)(b.5)(III) of this section.
SECTION 14. In Colorado Revised Statutes, 1-5-402, amend (1)
introductory portion and (1)(a) as follows:
1-5-402.  Primary election ballots. (1)  No later than thirty-two days
before the primary election, the county clerk and recorder shall prepare a
separate ballot for each political party. The 
COUNTY CLERK AND RECORDER
SHALL ENSURE THAT THE
 ballots shall be
 ARE printed in the following
manner:
(a)  T
HE COUNTY CLERK AND RECORDER SHALL ENSURE THAT all
official ballots shall be
 ARE printed according to the provisions of sections
1-5-407 and 1-5-408 SECTION 1-5-407; except that across the top of each
ballot shall MUST be printed the name of the political party for which the
ballot is to be used.
SECTION 15. In Colorado Revised Statutes, repeal 1-5-408 as
follows:
1-5-408.  Form of ballots - electronic voting. (1)  Ballot cards
placed upon voting equipment shall, so far as practicable, be arranged as
provided by sections 1-5-402, 1-5-403, and 1-5-404; except that they shall
be of the size and design required by the voting equipment and may be
printed on a number of separate ballot cards that are placed on the voting
equipment.
(2)  If votes are recorded on a ballot card, a separate write-in ballot
may be provided, which may be in the form of a paper ballot or envelope on
which the elector may write in the title of the office and the name of a
qualified write-in candidate.
(3)  Polling locations that use electromechanical voting systems may
use ballot cards of different colors to ensure that electors receive a full
ballot. Such polling locations may also use ballot cards of different colors
for each party at primary elections.
PAGE 10-SENATE BILL 24-210 (4)  Repealed.
SECTION 16. In Colorado Revised Statutes, amend 1-5-610 as
follows:
1-5-610.  Preparation for use - electromechanical voting.
(1)  Prior to an election in which an electronic ELECTROMECHANICAL voting
system is to be used, the designated election official shall have all system
components prepared for voting and shall inspect and determine that each
vote recorder or voting device
 COMPONENT is in proper working order. The
designated election official shall cause a sufficient number of recorders or
devices SYSTEM COMPONENTS to be delivered to each election precinct
VOTER SERVICE AND POLLING CENTER in which an electronic
ELECTROMECHANICAL voting system is to be used.
(2)  The designated election official shall supply each election
precinct VOTER SERVICE AND POLLING CENTER in which vote recorders or
voting devices ELECTROMECHANICAL VOTING SYSTEMS are to be used with
a sufficient number of ballots, ballot cards, sample ballots, 
AND ballot
boxes, and write-in ballots
 and with such other supplies and forms as may
be required. Each ballot or ballot card shall have a serially numbered stub
attached, which shall be removed by an election judge before the ballot or
ballot card is deposited in the ballot box.
SECTION 17. In Colorado Revised Statutes, 1-5-617, amend (4)
as follows:
1-5-617.  Examination - testing - certification. (4)  Within thirty
days after deciding to certify an electronic or electromechanical voting
system, the secretary of state shall make a report on the system containing
a description of the system and its operation. with drawings or photographs
showing the system. The secretary of state shall send a notice of
certification and a copy of the report to the voting system provider that
submitted the system for certification. The secretary of state shall notify the
governing bodies of the political subdivisions of the state of the certification
and make the notice of certification and report available to them upon
request.
SECTION 18. In Colorado Revised Statutes, repeal 1-5-620 as
follows:
PAGE 11-SENATE BILL 24-210 1-5-620.  Electromechanical voting system information -
software. When a political subdivision purchases or adopts an electronic or
electromechanical voting system, the vendor of the system shall send to the
secretary of state copies of the software user and operator manuals, and any
other information, specifications, or documentation required by the
secretary of state relating to a certified system and its equipment. Any such
information or materials that are not on file with and approved by the
secretary of state, including any updated or modified materials, shall not be
used in an election.
SECTION 19. In Colorado Revised Statutes, 1-5-623, amend (3);
and repeal (1) and (2) as follows:
1-5-623.  Purchase of new electromechanical voting systems -
approval of secretary of state - rules. (1) (a)  The general assembly hereby
finds and declares that, over the past decade, voting technology used in the
state has undergone dramatic changes, creating confusion and difficulties
for election administrators, state government, and the voting public. Efforts
to address this confusion have been complicated by the timing of periodic
substantial investments in voting technology by county governments
necessitated by changes in federal and state law.
(b)  Now, therefore, by enacting this section, the general assembly
intends that:
(I)  Between May 15, 2009, and the 2014 general election, any voting
system purchased by a political subdivision shall be a paper-based voting
system as defined in section 1-1-104 (23.5);
(II)  The acquisition of electronic voting systems be suspended in
order to assess existing and emerging voting technologies; and
(III)  Substantial investment by political subdivisions before the 2014
general election in alternate technologies that will frustrate the intent of the
general assembly as specified in paragraph (a) of this subsection (1) is
discouraged and disfavored.
(2)  Notwithstanding any other provision of this part 6, any existing
electronic voting device or any related component of the device that was
used by a political subdivision in conducting the 2008 general election may
PAGE 12-SENATE BILL 24-210 continue to be used by the political subdivision on and after May 15, 2009,
as long as the device or component is used in accordance with either the
conditions of use under which the device or component was originally
certified for the 2008 general election or in accordance with alternate
conditions of use established by the secretary of state.
(3) (a)  Notwithstanding any other provision of law, on and after
May 15, 2009, No political subdivision may purchase a new electronic
ELECTROMECHANICAL voting device or system or any related component of
such device or system without obtaining the prior approval of the secretary
of state for such purchase. in accordance with the requirements of this
subsection (3).
(b)  Subject to the requirements of paragraph (a) of this subsection
(3) SUBSECTION (3)(a) OF THIS SECTION, if a political subdivision desires to
purchase a new electronic ELECTROMECHANICAL voting device or system
or any related component of such device or AN ELECTROMECHANICAL
VOTING
 system, the political subdivision shall submit a written application
to the secretary of state for approval of the purchase. The applicationPOLITICAL SUBDIVISION shall be made APPLY by means of any forms or
procedures established by the secretary. Within three business days of
receiving the application, the secretary shall grant or deny the application.
In reviewing the application, the secretary shall consider, among other
relevant factors, the total effect of the purchase at issue in light of other
purchases by the political subdivision on voting systems or components of
such systems on or after May 15, 2009, and the needs of the political
subdivision. In making the determination, the secretary shall prevent
political subdivisions from making substantial investments in alternate
technologies that will frustrate the intent of the general assembly as
specified in subsection (1) of this section and shall consider, among other
relevant factors: THE SECRETARY SHALL APPROVE OR DENY THE
APPLICATION IN WRITING WITHIN THIRTY DAYS OF RECEIVING THE
APPLICATION
.
(I)  Whether the purchase is intended to replace damaged or
defective equipment or to accommodate an increase in population in the
political subdivision;
(II)  Whether the purchase requires a new contract or agreement that
would be entered into by the political subdivision and one or more vendors;
PAGE 13-SENATE BILL 24-210 and
(III)  A comparison of the purchase under review with the average
capital expenditures by the political subdivision on the administration of
elections on an annual basis for the four consecutive years prior to the year
in which the application is submitted in order to discourage an investment
in technology with a limited useful life in accordance with the intent of the
general assembly as specified in subsection (1) of this section.
SECTION 20. In Colorado Revised Statutes, 1-5-704, amend (1)
introductory portion and (1)(h) as follows:
1-5-704.  Standards for accessible voting systems.
(1)  Notwithstanding any other provision of this article ARTICLE 5, each
voting system certified by the secretary of state for use in local, state, and
federal elections shall
 MUST have the capability to accept accessible voter
interface devices in the voting system configuration to allow the voting
system to meet the following minimum standards:
(h)  For voice signals transmitted to the elector, the voting system
shall provide a gain
 HAVE AN adjustable up to a minimum of twenty
decibels with at least one intermediate step of twelve decibels AUDIO
VOLUME THAT MEETS THE REQUIREMENTS USED IN 
COLORADO FOR
CERTIFICATION OF A VOTING SYSTEM
.
SECTION 21. In Colorado Revised Statutes, amend 1-5-705 as
follows:
1-5-705.  Accessible voter interface devices - minimum
requirement. A voting system must include at least one direct recording
electronic voting system specially equipped for individuals with disabilities
or other accessible voter interface device installed at each polling location
that meets the requirements of this section PART 7.
SECTION 22. In Colorado Revised Statutes, 1-6-103, amend (1)(a)
and (2) as follows:
1-6-103.  Recommendations by county chairperson. (1) (a)  No
later than the last FIRST Tuesday of April in even-numbered years, the
county chairperson of each major political party in the county shall certify
PAGE 14-SENATE BILL 24-210 to the county clerk and recorder the names and addresses of registered
electors recommended to serve as election judges for FROM each precinct
in the county. 
(2)  The county chairperson, or, if there is no county chairperson, the
committeepersons who submitted the list of registered electors in
accordance with section 1-6-102 (2) shall designate the order of preference
of the names of the registered electors recommended to serve as election
judges. for each precinct
 The county clerk and recorder shall select election
judges from each precinct list in the county chairperson's, or, if there is no
county chairperson, the committeeperson's, order of preference.
SECTION 23. In Colorado Revised Statutes, 1-6-119, amend (1)
as follows:
1-6-119.  Removal of election judge by designated election
official. (1) (a)  If a county chairperson of a major political party or the
county chairperson or other authorized official of a minor political party
believes that an election judge appointed to represent that party is not
faithfully or fairly representing the party or that an election judge has
moved from the county, the county chairperson or authorized official may,
SUBJECT TO THE PROVISIONS OF SUBSECTION (1)(b) OF THIS SECTION,
exercise a preemptive removal of the election judge. The county
chairperson or authorized official shall notify the county clerk and recorder
and the election judge of the preemptive removal in writing. S
UCH NOTICE
MUST INCLUDE DOCUMENTATION REGARDING THE REASON FOR REMOVAL OF
THE ELECTION JUDGE AND MUST BE FILED WITH THE COUNTY CLERK AND
RECORDER WITHIN THREE DAYS OF RECEIVING THE ELECTION J UDGE LIST
PURSUANT TO RULES PROMULGATED BY THE SECRETARY OF STATE
.
(b)  I
F AN ELECTION JUDGE IS PREEMPTIVELY REMOVED PURSUANT TO
SUBSECTION
 (1)(a) OF THIS SECTION, THE COUNTY CLERK AND RECORDER
SHALL ALLOW THE ELECTION JUDGE TWO DAYS TO APPEAL THE ELECTION
JUDGE
'S REMOVAL. IF APPEALED, THE COUNTY CLERK AND RECORDER SHALL
REVIEW ALL DOCUMENTATION AND DETERMINE WHETHER THE JUDGE MAY
BE REMOVED PURSUANT TO SUBSECTION
 (1)(a) OF THIS SECTION.
(c)  The county clerk and recorder shall fill any vacancy created by
the preemptive removal as provided in section 1-6-113.
PAGE 15-SENATE BILL 24-210 SECTION 24. In Colorado Revised Statutes, 1-7-110, add (6) as
follows:
1-7-110.  Preparing to vote in person. (6)  A
 REGISTERED ELECTOR
WHO WILL NOT HAVE BEEN A 
COLORADO RESIDENT FOR AT LEAST
TWENTY
-TWO DAYS IMMEDIATELY BEFORE A PRESIDENTIAL GENERAL
ELECTION MAY CAST A PROVISIONAL BALLOT
, IN ACCORDANCE WITH ARTICLE
8.5 OF THIS TITLE 1, THAT INCLUDES ONLY A VOTE FOR PRESIDENT AND VICE
PRESIDENT IN THAT GENERAL ELECTION
.
SECTION 25. In Colorado Revised Statutes, 1-7-118, amend (5)
as follows:
1-7-118.  Ranked voting in a coordinated election - procedure -
costs - definition. (5)  On or before April 1, 2023, the secretary of state
shall adopt rules concerning the tabulation, reporting, and canvassing of
results for a coordinated election using instant runoff voting conducted by
a single county. On or before January 1, 2025
 JANUARY 1, 2026, the rules
must include provisions for an instant runoff voting election conducted by
multiple counties.
SECTION 26. In Colorado Revised Statutes, 1-7-201, amend (1)
as follows:
1-7-201.  Voting at primary election. (1)  Any registered elector
including a preregistrant who is eligible under section 1-2-101 (2)(c), who
has declared an affiliation with a political party that is participating in a
primary election and who desires to vote for candidates of that party at a
primary election shall show identification, as defined in section 1-1-104
(19.5), write his or her
 THE REGISTERED ELECTOR'S name and address on a
form available at the voter service and polling center, and give the form to
one of the election judges.
SECTION 27. In Colorado Revised Statutes, amend 1-7-401 as
follows:
1-7-401.  Judges to inspect machines. In each polling location
using voting machines VOTER SERVICE AND POLLING CENTER , the election
judges shall meet at the polling location before the time set for the opening
of the polls at each election. Before the polls are open for election, each
PAGE 16-SENATE BILL 24-210 judge shall VOTER SERVICE AND POLLING CENTER ON EACH DAY OF VOTING
AT THAT LOCATION
. THE JUDGES SHALL carefully examine each machineELECTROMECHANICAL VOTING SYSTEM COMPONENT AND BALLOT BOX used
in the polling location VOTER SERVICE AND POLLING CENTER to ensure that
no vote SEAL has yet been cast BROKEN. and that every counter, except the
protective counter, registers zero.
SECTION 28. In Colorado Revised Statutes, repeal 1-7-402 as
follows:
1-7-402.  Sample ballots - ballot labels. (1)  The designated election
official shall provide each polling location in which voting machines are to
be used with two sample ballots, which shall be arranged in the form of a
diagram showing the front of the voting machine as it will appear after the
official ballot labels are arranged thereon for voting on election day. The
sample ballots may be either in full or reduced size and shall be delivered
and submitted for public inspection in the same manner as provided by law
for sample ballots used in nonmachine voting.
(2)  The designated election official shall also prepare the official
ballot for each voting machine and shall place the official ballot on each
voting machine to be used in polling locations under the election official's
supervision and shall deliver the required number of voting machines to
each polling location no later than the day before the polling locations open.
SECTION 29. In Colorado Revised Statutes, repeal 1-7-405 as
follows:
1-7-405.  Seal on voting machine. The designated election official
shall supply each election precinct with a seal for each voting machine to
be used in the precinct for the purpose of sealing the machine after the polls
are closed. The designated election official shall also provide an envelope
for the return of the keys to each voting machine along with the election
returns.
SECTION 30. In Colorado Revised Statutes, repeal 1-7-406 as
follows:
1-7-406.  Close of polls and count - seals. As soon as the polls are
closed on election day, the election judges shall immediately lock and seal
PAGE 17-SENATE BILL 24-210 each voting machine against further voting, and it shall so remain for a
period of thirty days unless otherwise ordered by the court and except as
provided in section 1-7-407. Immediately after each machine is locked and
sealed, the election judges shall open the counting compartment and
proceed to count the votes. After the total vote for each candidate and ballot
issue has been ascertained, the election judges shall record on a certificate
the number of votes cast, in numerical figures only, and return it to the
designated election official.
SECTION 31. In Colorado Revised Statutes, repeal 1-7-407 as
follows:
1-7-407.  Close of polls - primary. In the event no election contest
is filed by any candidate in a primary election within the time prescribed by
section 1-11-203, the county clerk and recorder may unlock and break the
seals of voting machines at any time after the fifteenth day following the
date of the primary election.
SECTION 32. In Colorado Revised Statutes, repeal 1-7-503 as
follows:
1-7-503.  Manner of voting. (1)  Each eligible elector, upon
receiving a ballot, shall immediately proceed unaccompanied to one of the
voting booths provided. To cast a vote, the eligible elector shall clearly fill
the oval, connect the arrow, or otherwise appropriately mark the name of
the candidate or the names of the joint candidates of the elector's choice for
each office to be filled. In the case of a ballot issue, the elector shall clearly
fill the oval, connect the arrow, or otherwise appropriately mark the
appropriate place opposite the answer that the elector desires to give. Before
leaving the voting booth, the eligible elector, without displaying the marks
thereon, shall place the ballot in the privacy envelope so that the contents
of the ballot or ballot card are concealed and shall place the envelope and
the ballot or ballot card in the ballot box.
(2)  Each eligible elector who has prepared the ballot and is ready to
vote shall then leave the voting booth and approach the election judges
having charge of the ballot box. The eligible elector shall give his or her
name to one of the election judges. The elector shall, in full view of the
election judges, deposit the ballot or ballot card in the ballot box, with the
official endorsement on the ballot or ballot card facing upward.
PAGE 18-SENATE BILL 24-210 (3)  In precincts which use electronic voting equipment in which
voting is by a method other than a ballot, each voter shall be listed by name
in the pollbook and shall be given an entry card to the electronic voting
device.
(4)  Notwithstanding any provision of subsection (1) or (2) of this
section to the contrary, at a polling location at which a ballot marking
device, as defined in section 1-5-702 (2.5), is available for accessible
voting, the election judge in charge of the ballot box shall deposit every
elector's ballot card in the ballot box.
SECTION 33. In Colorado Revised Statutes, repeal 1-7-505 as
follows:
1-7-505.  Close of polls - security of voting machinery. (1)  After
the polls have been closed, the election judges shall secure the vote
recorders or the voting devices, or both, against further use.
(2) and (3)  Repealed.
SECTION 34. In Colorado Revised Statutes, 1-7-507, repeal (5)
as follows:
1-7-507.  Electronic vote-counting - procedure. (5)  Write-in
ballots may be counted by the election judges or at the counting centers.
SECTION 35. In Colorado Revised Statutes, 1-7-512, amend (1)(a)
and (1)(b) as follows:
1-7-512.  Voting system providers - duties. (1)  A voting system
provider under contract to provide a voting system to a political subdivision
in this state shall:
(a)  Notify
 COORDINATE WITH the secretary of state of TO SUPPORT
the installation of any hardware, firmware, or software prior to the
installation or of any change in the election software or the IN ANY
COMPONENT OF THE
 voting system;
(b)  Place in escrow with the secretary of state or an independent
escrow agent approved by the secretary of state immediately after the
PAGE 19-SENATE BILL 24-210 installation of election software, one copy of the state certified election
software that was installed in each political subdivision, along with
supporting documentation;
SECTION 36. In Colorado Revised Statutes, 1-7-514, amend
(1)(a)(I); and add (6) as follows:
1-7-514.  Random audit. (1) (a) (I)  E
XCEPT AS OTHERWISE
PROVIDED IN SUBSECTION 
(6) OF THIS SECTION, following each primary,
general, coordinated, or congressional district vacancy election, the
secretary of state shall publicly initiate a manual random audit to be
conducted by each county. Unless the secretary approves an alternative
method for a particular county that is based on a proven statistical sampling
plan and will achieve a higher level of statistical confidence, the secretary
shall randomly select not less than five percent of the voting devices used
in each county to be audited; except that, where a central count voting
device is in use in the county, the rules promulgated by the secretary
pursuant to subsection (5) of this section shall require an audit of a specified
percentage of ballots counted within the county.
(6)  T
HIS SECTION APPLIES ONLY IF THE SECRETARY OF STATE
DETERMINES THAT A RISK
-LIMITING AUDIT, AS DESCRIBED IN SECTION
1-7-515, CANNOT BE PERFORMED.
SECTION 37. In Colorado Revised Statutes, 1-7-515, amend
(4)(b) as follows:
1-7-515.  Risk-limiting audits - rules - legislative declaration -
definitions. (4) (b) (I)  On or before January 1, 2025
 JANUARY 1, 2026, the
secretary of state shall promulgate rules in accordance with article 4 of title
24 as necessary to conduct risk limiting audits in an election using instant
runoff voting. In connection with the promulgation of the rules, the
secretary shall consult recognized statistical experts, equipment vendors,
and county clerk and recorders, and shall consider best practices for
conducting risk-limiting audits. The secretary of state may consult with
additional auditing experts.
(II)  A county shall audit an election using instant runoff voting
conducted as part of a coordinated election before January 1, 2025
JANUARY 1, 2026, in accordance with rules adopted by the secretary of state
PAGE 20-SENATE BILL 24-210 related to ranked choice or instant runoff voting, or, if no such rules are
adopted, in accordance with procedures adopted by the county clerk and
recorder.
SECTION 38. In Colorado Revised Statutes, 1-7.5-107, amend
(3)(a)(I); and add (4.3)(c)(III) as follows:
1-7.5-107.  Procedures for conducting mail ballot election -
primary elections - first-time voters casting a mail ballot after having
registered by mail to vote - in-person request for ballot - return
envelope requirements - repeal. (3) (a) (I)  Not sooner than twenty-two
days before a general, primary, or other mail ballot election, and no later
than eighteen days before the election, the county clerk and recorder or
designated election official shall mail to each active registered elector, at
the last mailing address appearing in the registration records and in
accordance with United States postal service regulations, a mail ballot
packet, which must be marked "DO NOT FORWARD. ADDRESS
CORRECTION REQUESTED.", or any other similar statement that is in
accordance with United States postal service regulations. For a primary mail
ballot election, active registered electors includes preregistrants eligible to
vote in that primary under section 1-2-101 (2)(c). Nothing in this subsection
(3) affects any provision of this code governing the delivery of mail ballots
to an absent uniformed services elector, nonresident overseas elector, or
resident overseas elector covered by the federal "Uniformed and Overseas
Citizens Absentee Voting Act", 52 U.S.C. sec. 20301 et seq.
(4.3) (c) (III)  A
 COUNTY CLERK AND RECORDER MAY REQUEST A
WAIVER FROM THE SECRETARY OF STATE EXEMPTING THE COUNTY FROM THE
DROP BOX BALLOT COLLECTION REQUIREMENTS IN SUBSECTION
 (4.3)(c)(I)
OF THIS SECTION. IF THE SECRETARY OF STATE GRANTS THE WAIVER , THE
COUNTY CLERK SHALL ARRANGE FOR THE COLLECTION OF BALLOTS BY
BIPARTISAN TEAMS OF ELECTION JUDGES FROM ALL EXEMPT DROP BOX
LOCATIONS ONCE THEY ARE OPEN AS OFTEN AS NECESSARY
, BUT AT LEAST
ONCE EACH WEEK AFTER THE INITIAL MAILING OF BALLOTS UNDER
SUBSECTION
 (3)(a)(I) OF THIS SECTION, UNTIL THE FRIDAY BEFORE ELECTION
DAY
. THE COUNTY CLERK MUST POST A NOTICE ON EACH EXEMPT DROP BOX
OF THE DATES AND APPROXIMATE TIMES BALLOTS WILL BE COLLECTED
.
SECTION 39. In Colorado Revised Statutes, 1-7.5-115, amend
(1)(b); and repeal and reenact, with amendments, (1)(a) as follows:
PAGE 21-SENATE BILL 24-210 1-7.5-115.  Emergency voting - replacement ballots - electronic
transfer - rules - definition. (1) (a) (I)  A
N ELECTOR MAY REQUEST A
REPLACEMENT BALLOT BY SUBMITTING A PERSONALLY SIGNED
, WRITTEN
STATEMENT TO THE COUNTY CLERK AND RECORDER OR DESIGNATED
ELECTION OFFICIAL WHEN ONE OF THE FOLLOWING APPLIES
:
(A)  O
N ELECTION DAY, THE ELIGIBLE ELECTOR IS CONFINED IN A
HOSPITAL OR PLACE OF RESIDENCE
;
(B)  O
N ELECTION DAY, THE ELIGIBLE ELECTOR'S IMMEDIATE FAMILY
RELATED TO THE SECOND DEGREE BY BLOOD
, ADOPTION, MARRIAGE, OR
CIVIL UNION PARTNERSHIP IS CONFINED IN A HOSPITAL OR PLACE OF
RESIDENCE AND REQUIRES THE ELIGIBLE ELECTOR
'S CARE OR CONSTANT
PRESENCE
;
(C)  O
N ELECTION DAY, THE ELECTOR IS A MEMBER OF A RELIGION
THAT FORBIDS SECULAR ACTIVITY
;
(D)  O
N ELECTION DAY, THE ELECTOR IS EMPLOYED AS A FIRST
RESPONDER
, MEMBER OF LAW ENFORCEMENT , OR HEALTH CARE WORKER
AND IS UNABLE TO LEAVE THE STATION
, POST, OR PLACE OF EMPLOYMENT OR
IS UNABLE TO RETURN TO THE ELECTOR
'S HOME COUNTY; OR
(E)  EIGHT OR FEWER DAYS BEFORE THE LAST DAY OF THE ELECTION ,
THE ELECTOR IS UNABLE TO VOTE IN PERSON DUE TO EMERGENCY
CONDITIONS SUCH AS A NATURAL DISASTER
.
(II)  U
PON RECEIPT OF A WRITTEN STATEMENT PURSUANT TO
SUBSECTION
 (1)(a)(I) OF THIS SECTION, THE COUNTY CLERK AND RECORDER
OR DESIGNATED ELECTION OFFICIAL SHALL PROVIDE THE REPLACEMENT
BALLOT AT THE OFFICE OF THE COUNTY CLERK AND RECORDER OR
DESIGNATED ELECTION OFFICIAL DURING THE REGULAR BUSINESS HOURS OF
THE OFFICE
, TO ANY AUTHORIZED REPRESENTATIVE OF THE ELECTOR .
(III)  T
HE AUTHORIZED REPRESENTATIVE OF THE ELECTOR SHALL
ACKNOWLEDGE RECEIPT OF THE REPLACEMENT BALLOT WITH A SIGNATURE
,
NAME, AND ADDRESS OF RESIDENCE.
(IV)  A
S USED IN THIS SUBSECTION (1)(a), UNLESS THE CONTEXT
OTHERWISE REQUIRES
, "AUTHORIZED REPRESENTATIVE " MEANS A PERSON
PAGE 22-SENATE BILL 24-210 WHO POSSESSES A WRITTEN STATEMENT FROM THE ELECTOR CONTAINING
THE ELECTOR
'S SIGNATURE, NAME, AND ADDRESS OF RESIDENCE, INDICATING
THAT THE ELECTOR IS UNABLE TO VOTE IN PERSON AFTER THE LAST DAY TO
MAIL A BALLOT
, AND REQUESTING THAT THE REPLACEMENT BALLOT BE
GIVEN TO THE AUTHORIZED PERSON AS IDENTIFIED BY NAME AND ADDRESS
OF RESIDENCE
.
(b)  A request for a
 replacement ballot under this section shall be
made before 5 p.m. on the day of the election, and the ballot must be
returned no later than 7 p.m. on the day of the election.
SECTION 40. In Colorado Revised Statutes, 1-7.5-205, repeal
(2)(c) as follows:
1-7.5-205.  Counting mail ballots. (2)  Mail ballots must be counted
in one of the following ways:
(c)  Ballots that are cast directly on electronic or electromechanical
vote-tabulating equipment at a voter service and polling center in lieu of a
mail ballot shall be counted in the same manner as provided for the
counting of ballots in part 6 of article 5 and parts 4 and 5 of article 7 of this
title.
SECTION 41. In Colorado Revised Statutes, repeal 1-10.5-104 as
follows:
1-10.5-104.  Recount for nonpartisan elections not coordinated
by county clerk and recorder. If it appears, as evidenced by the abstract
of votes cast that a recount is required for any office, ballot question, or
ballot issue, the designated election official shall order a recount of the
votes cast for the office, the ballot issue, or ballot question no later than the
twenty-fifth day after the election. Any recount under this section shall be
completed no later than the fortieth day after the election.
SECTION 42. In Colorado Revised Statutes, 1-10.5-109, amend
(1) as follows:
1-10.5-109.  Challenge of recount - definition. (1) (a)  A
S USED IN
THIS SECTION
, "INTERESTED PARTY" MEANS:
PAGE 23-SENATE BILL 24-210 (I)  A CANDIDATE, POLITICAL PARTY, OR POLITICAL ORGANIZATION
OF A CANDIDATE
;
(II)  A
 PETITION REPRESENTATIVE IDENTIFIED PURSUANT TO SECTION
1-40-113 FOR A BALLOT ISSUE OR BALLOT QUESTION;
(III)  T
HE GOVERNING BODY THAT REFERRED A BALLOT QUESTION OR
BALLOT ISSUE TO THE ELECTORATE
; OR
(IV)  THE AGENT OF AN ISSUE COMMITTEE THAT IS REQUIRED TO
REPORT CONTRIBUTIONS PURSUANT TO THE 
"FAIR CAMPAIGN PRACTICES
ACT", ARTICLE 45 OF THIS TITLE 1, THAT EITHER SUPPORTED OR OPPOSED A
BALLOT QUESTION OR BALLOT ISSUE OF A RACE
, QUESTION, OR ISSUE THAT
IS BEING RECOUNTED
.
(a)
 (a.5)  Any interested party that requested TO a REQUIRED OR
REQUESTED
 recount of a county, state, national, or district office of state
concern, or any party to such recount
 that has reasonable grounds to believe
that the recount is not being conducted in a fair, impartial, and uniform
manner may apply to the district court of the city and county of Denver for
an order requiring the county clerk and recorder to stop the recount and to
give the secretary of state access to all pertinent election records used in
conducting the recount and requiring the secretary of state to conduct the
recount. T
HE SECRETARY OF STATE MAY EMPLOY ASSISTANTS AND CLERKS
AS NECESSARY TO CONDUCT THE RECOUNT
. The county clerk and recorder
shall be an official observer during any recount conducted by the secretary
of state.
(b)  Any interested party that requested
 TO a REQUIRED OR
REQUESTED
 recount of any other local office, ballot question, or ballot issue
or any party to such recount
 that has reasonable grounds to believe that the
designated election official is not conducting the recount in a fair, impartial,
and uniform manner may apply to the district court for the political
subdivision for an order requiring the designated election official to stop the
recount and to give the appropriate official who will take over conducting
the recount access to all pertinent election records and requiring the
appropriate official to conduct the recount. If the county clerk and recorder
is not the designated election official, then the county clerk and recorder is
the appropriate official to conduct the recount. If the county clerk and
recorder is the designated election official, then the secretary of state is the
PAGE 24-SENATE BILL 24-210 appropriate official to conduct the recount. THE SECRETARY OF STATE OR
COUNTY CLERK MAY EMPLOY ASSISTANTS AND CLERKS AS NECESSARY TO
CONDUCT THE RECOUNT
. The designated election official shall be an official
observer during any recount conducted pursuant to this subsection (1).
SECTION 43. In Colorado Revised Statutes, amend 1-11-104 as
follows:
1-11-104.  Certificates of election for county officers. Except in
the case of offices for which a recount is required, immediately after the
final abstract of votes cast for county and precinct
 officers has been
prepared and certified, the county clerk and recorder shall make a certificate
of election, or a certificate of nomination in the case of a primary election,
for each person declared to be elected or nominated to each office and shall
deliver the certificates to that person.
SECTION 44. In Colorado Revised Statutes, amend 1-11-106 as
follows:
1-11-106.  Delivery of certified list of results. Upon the
organization of the house of representatives, the secretary of state shall
deliver to the speaker of the house a certified list of candidates elected to
each state office and of each member elected to the general assembly
showing the member's district. If the secretary of state is unable to certify
the candidate elected to state office or the member elected to the general
assembly from a particular district, the secretary of state shall also deliver
a list of the state offices or districts for which no certification may be made.
The speaker, upon receipt of the certified list and, if delivered, the list of
offices and districts for which no certification may be made and before
proceeding to other business, shall open and announce the results in the
presence of a majority of the members of both houses of the general
assembly, who shall assemble for that purpose in the chamber of the house
of representatives. The person having the highest number of votes for any
of the offices shall be declared duly elected by the presiding officer of the
joint assembly. The two houses on joint ballot shall then resolve any tie
votes which are on the certified list of results.
SECTION 45. In Colorado Revised Statutes, amend 1-11-204 as
follows:
PAGE 25-SENATE BILL 24-210 1-11-204.  Contests for presidential elector. The supreme court 	OF
THIS STATE
 has original jurisdiction for the adjudication of contests
concerning presidential electors and shall prescribe rules for practice and
proceedings for such contests. No justice of the court who is a contestor in
the election contest shall be permitted to hear and determine the matter. A
CONTEST MUST BE FILED WITH THE SUPREME COURT NO LATER THAN
TWENTY
-FOUR DAYS AFTER THE GENERAL ELECTION NOTWITHSTANDING THE
FACT THAT A RECOUNT MAY BE ONGOING
. THE SUPREME COURT IS REQUIRED
TO RULE ON A CONTEST BEFORE THE DEADLINE TO ISSUE AND SUBMIT THE
CERTIFICATE OF ASCERTAINMENT PURSUANT TO THE REQUIREMENTS OF THE
FEDERAL 
"ELECTORAL COUNT REFORM AND PRESIDENTIAL TRANSITION
IMPROVEMENT ACT OF 2022", 3 U.S.C. SEC. 5. THE SUPREME COURT SHALL
PRIORITIZE ELECTION CONTESTS OF PRESIDENTIAL ELECTORS OVER ALL
REGULAR BUSINESS OF THE COURT SO THAT ELECTION RESULTS ARE
DETERMINED AS SOON AS PRACTICABLE
.
SECTION 46. In Colorado Revised Statutes, 1-12-117, amend (1)
as follows:
1-12-117.  Nomination of successor - ballot certification. (1)  For
partisan elections, a candidate to succeed the officer sought to be recalled
must meet the qualifications of a party candidate or an unaffiliated
candidate as provided in part 8 of article 4 of this title 1 and must be
nominated by a political party petition or an unaffiliated petition as provided
in part 9 of article 4 of this title 1. Nomination petitions may be circulated
beginning the first date on which a protest may be filed and must be filed
no later than 
FIFTEEN CALENDAR DAYS PRIOR TO THE DATE FOR HOLDING THE
ELECTION AS PROVIDED IN SECTION 
1-12-111 FOR STATE RECALL ELECTIONS
AND
 twenty-five calendar days prior to the date for holding the election as
provided in section 1-12-111 
FOR OTHER RECALL ELECTIONS. If the election
is to be held with a general election, nomination petitions must be filed no
later than five days prior to the date to certify ballot content for the general
election.
SECTION 47. In Colorado Revised Statutes, 1-40-121, repeal
(2)(b) as follows:
1-40-121.  Designated representatives - expenditures related to
petition circulation - report - penalty - definitions. (2)  No later than ten
days after the date that the petition is filed with the secretary of state, the
PAGE 26-SENATE BILL 24-210 designated representatives of the proponents must submit to the secretary
of state a report that:
(b)  Includes any other expenditures made by any person or issue
committee related to the circulation of petitions for signatures. Such
information shall include the name of the person or issue committee and the
amount of the expenditure.
SECTION 48. In Colorado Revised Statutes, repeal 1-40-136 as
follows:
1-40-136.  Bills enacted in the second regular session of the
seventy-second general assembly that include an act subject to petition
clause - legislative declaration. (1) (a)  The general assembly finds and
declares that:
(I)  The second regular session of the seventy-second general
assembly convened on January 8, 2020, and was scheduled to adjourn sine
die on May 6, 2020, pursuant to section 8 of article V of the state
constitution and Joint Rule 23 (d) of the joint rules of the senate and house
of representatives, which deems the constitutional maximum for the
legislative session of one hundred twenty calendar days to be one hundred
twenty consecutive calendar days;
(II)  Joint Rule 44 (g) of the joint rules of the senate and house of
representatives states that the "maximum of one hundred twenty calendar
days . . . shall be counted as one hundred twenty separate working calendar
days if the Governor has declared a state of disaster emergency";
(III)  On March 10, 2020, the governor declared a disaster
emergency due to the presence of coronavirus disease 2019, known as
"COVID-19", and the public health crisis necessitated the temporary
adjournment of the second regular session of the seventy-second general
assembly;
(IV)  On March 16, 2020, concerned that any legislation enacted
after May 6, 2020, could be subject to challenge if Joint Rule 44 (g) were
deemed unconstitutional, the general assembly submitted an interrogatory
to the Colorado supreme court;
PAGE 27-SENATE BILL 24-210 (V)  On April 1, 2020, the Colorado supreme court found in In re:
Interrogatory on House Joint Resolution 20-1006, 2020 CO 23 (Colo.
2020), that Joint Rule 44 (g) was constitutional. Consequently, once it
reconvenes, the second regular session of the seventy-second general
assembly may continue for the fifty-two remaining legislative days.
(VI)  The governor has extended the declared disaster emergency
several times, which will now expire thirty days from May 7, 2020, and it
is likely that the governor's declared disaster emergency will be further
extended; and
(VII)  The second regular session of the seventy-second general
assembly remained in temporary adjournment until it reconvened on May
26, 2020, which will be counted as the sixty-ninth legislative day. It is
uncertain when the general assembly will adjourn sine die, but it could be
as late as July 30, 2020, under Joint Rule 44 (g) or later if the body
undertakes another temporary adjournment.
(b)  The general assembly further finds and declares that:
(I)  If a bill does not include a safety clause, it is subject to the
people's referendum power under section 1 of article V of the state
constitution, which provides that a person can file a referendum petition up
to ninety days after a general assembly's adjournment sine die to place an
act, or an item, section, or part of an act on the ballot at a general election;
(II)  When the seventy-second general assembly commenced its
second regular session on January 8, 2020, and until it reconvened on May
26, 2020, the act subject to petition clause specified that if a referendum
petition were filed against an act, or an item, section, or part of an act, it
would be placed on the ballot for the November 2020 general election;
(III)  The act subject to petition clause implicates two interlocking
issues, both of which have constitutional, statutory, and practical
dimensions;
(IV)  If a petition is filed within the ninety days allowed by the state
constitution, the office of the secretary of state must validate the petition to
determine if it is sufficient. Before the election, the office of the secretary
of state must also certify the content of the ballot and county clerk and
PAGE 28-SENATE BILL 24-210 recorders must print and mail ballots in accordance with deadlines set forth
in both state and federal law.
(V)  At the same time, the constitution requires legislative council
staff to distribute the ballot information booklets, which includes an
analysis of each measure placed on the ballot, at least thirty days before the
election. This process also involves multiple steps.
(VI)  Because of the delayed adjournment sine die due to COVID-19,
there will not be sufficient time after the constitutional deadline to file
petitions to meet the deadline in federal law for the distribution of ballots
to uniformed and overseas citizens or the deadline in the state constitution
for the distribution of the ballot information booklets for the 2020 general
election on November 3;
(VII)  Section 1 (4)(a) of article V of the state constitution specifies
that "elections on measures initiated by or referred to the people of the state
shall be held at the biennial regular general election". While under normal
circumstances this is understood to mean the general election that follows
the session of the general assembly that passed the bill, the constitution does
not specify that the election be held at the next general election.
(VIII)  Because of the delayed adjournment sine die due to
COVID-19, and the resulting inability to place bills referred by petition on
the ballot for the 2020 general election, it is reasonable to interpret section
1 (4)(a) of article V of the state constitution to mean the November 2022
general election instead of the November 2020 general election;
(IX)  Referencing the November 2022 general election instead of the
November 2020 general election preserves the right of referendum, affords
the ability to comply with the other statutory and constitutional deadlines
for the November 2020 election, and avoids the uncertainty that might come
with the risk of legal challenges if this issue is not addressed;
(X)  Amending the act subject to petition clause in each bill could
require amending hundreds of pending bills and would require changing the
act subject to petition clause in over seventy enacted bills; and
(XI)  It is a more efficient solution to enact this section to address the
issue for all bills enacted in the second regular session of the
PAGE 29-SENATE BILL 24-210 seventy-second general assembly.
(c)  The general assembly further finds and declares that:
(I)  The act subject to petition clause in bills that were pending or
enacted prior to the temporary adjournment of the second regular session of
the seventy-second general assembly on March 14, 2020, make reference
to August 5, 2020, as the possible effective date of such bills if adjournment
sine die was on May 6, 2020; and
(II)  Because the adjournment sine die of the second regular session
of the seventy-second general assembly was delayed beyond May 6, 2020,
this section is intended to reiterate that unless a later date is otherwise
specified in the act, the effective date for any act, or an item, section or part
of an act with an act subject to petition clause is 12:01 a.m. on the day
following the expiration of the ninety-day period after adjournment sine die,
not August 5, 2020.
(2)  Notwithstanding any law to the contrary, for any act, item,
section, or part of an act that is enacted by bill with an act subject to petition
clause during the second regular session of the seventy-second general
assembly:
(a)  The act, item, section, or part of the act takes effect at 12:01 a.m.
on the day following the expiration of the ninety-day period after
adjournment sine die of the second regular session of the seventy-second
general assembly, unless a later date is otherwise specified in the act; and
(b)  Notwithstanding subsection (2)(a) of this section, if a
referendum petition is filed pursuant to section 1 (3) of article V of the state
constitution against such an act, item, section, or part of the act within the
ninety-day period after adjournment sine die of the second regular session
of the seventy-second general assembly, then the act, item, section, or part
of the act will not take effect unless approved by the people at the general
election to be held in November 2022 and, in such case, will take effect on
the date of the official declaration of the vote thereon by the governor.
SECTION 49. In Colorado Revised Statutes, 1-45-103.7, add (5.7)
as follows:
PAGE 30-SENATE BILL 24-210 1-45-103.7.  Contribution limits - county offices - school district
director - treatment of independent expenditure committees -
contributions from limited liability companies - voter instructions on
spending limits - definitions. (5.7)  A
 NATURAL PERSON WHO IS NOT A
CITIZEN OF THE 
UNITED STATES, A FOREIGN GOVERNMENT, OR A FOREIGN
CORPORATION SHALL NOT MAKE ANY DIRECT BALLOT ISSUE OR BALLOT
QUESTION EXPENDITURE IN CONNECTION WITH AN ELECTION ON A BALLOT
ISSUE OR BALLOT QUESTION IN THE STATE
.
SECTION 50. In Colorado Revised Statutes, 1-45-110, amend
(2.5), (3.5), and (4) as follows:
1-45-110.  Candidate affidavit - disclosure statement. (2.5)  A
candidate seeking reelection does not have to file another disclosure
statement required by subsection (2)(a) of this section if the incumbent has
filed the annual report required by section 24-6-202 (2) WITHIN THIRTY
DAYS OF THE DATE ON WHICH THE INCUMBENT BECAME A CANDIDATE FOR
REELECTION
.
(3.5)  Any complaints IN ADDITION TO ANY OTHER PROCESS
PROVIDED IN LAW OR RULE
, ANY PERSON MAY FILE A COMPLAINT WITH THE
SECRETARY OF STATE
 about a candidate not complying with the
requirements of this section. shall be treated as a campaign finance
complaint pursuant to section 1-45-111.7 (2)(a).
(4)  Any disclosure statement required by subsection (2) of this
section shall be amended no more than thirty days after any termination, or
acquisition, OR SUBSTANTIAL CHANGE of interests as to which disclosure is
required.
SECTION 51. In Colorado Revised Statutes, 24-6-202, amend (1)
introductory portion, (1.5), (2)(a), (2)(f), (3), (5), and (7); repeal (1.7), (4),
and (6); and add (1.3), (8), (9), and (10) as follows:
24-6-202.  Disclosure - contents - filing - false or incomplete filing
- penalty. (1)  Except as otherwise provided in subsection (1.7) of this
section, Not later than the January 10 following his or her election,
reelection, appointment, or retention in office, written disclosure, OF EACH
CALENDAR YEAR
, EACH OF THE FOLLOWING INDIVIDUALS SHALL FILE AN
ANNUAL DISCLOSURE STATEMENT WITH THE SECRETARY OF STATE OF
PAGE 31-SENATE BILL 24-210 COLORADO in such form as the secretary of state shall prescribe
PRESCRIBES, stating the interests named INFORMATION SPECIFIED in
subsection (2) of this section: shall be made to and filed with the secretary
of state of Colorado by
(1.3)  IF AN INDIVIDUAL BEGINS SERVING IN ONE OF THE POSITIONS
SPECIFIED IN SUBSECTION 
(1) OF THIS SECTION AFTER JANUARY 10 AND HAS
NOT FILED A DISCLOSURE STATEMENT WITHIN THE PREVIOUS THIRTY DAYS
,
THE INDIVIDUAL SHALL FILE A DISCLOSURE STATEMENT NO LATER THAN TEN
DAYS AFTER ASSUMING THE POSITION
.
(1.5)  The provisions of subsection (1) of this section apply to any
person
 INDIVIDUAL who is serving in any position noted in said SPECIFIED
IN
 subsection (1) on July 1, 1979
 OF THIS SECTION ON OR AFTER JANUARY
1, 2024. IF AN INDIVIDUAL WHO IS SPECIFIED IN SUBSECTION (1) OF THIS
SECTION IS SERVING IN OFFICE IN THE 
2024 CALENDAR YEAR BUT HAS NOT
FILED AN ANNUAL DISCLOSURE STATEMENT IN THE 
2024 CALENDAR YEAR,
THE INDIVIDUAL SHALL FILE A DISCLOSURE STATEMENT NO LATER THAN
JULY 1, 2024, OR IN ACCORDANCE WITH THE REQUIREMENTS SPECIFIED IN
SUBSECTION 
(1.3) OF THIS SECTION, WHICHEVER IS SOONER.
(1.7)  Notwithstanding any other provision of this section, any person
who has timely filed an amended statement with the secretary of state
pursuant to subsection (4) of this section is not required to additionally file
a disclosure statement satisfying the requirements of subsection (1) of this
section by the January 10 following his or her election, reelection,
appointment, or retention in office.
(2)  Disclosure must include the following for the previous calendar
year, unless otherwise specified:
(a)  The names, and amounts, disclosed as a range included AS
PROVIDED
 in the form prescribed by the secretary of state, of any source or
sources of any income, including capital gains, whether or not taxable, of
the person making disclosure, the person's spouse, and any minor children
residing with the person making the disclosure;
(f)  The name of each creditor to whom the person making
disclosure, the person's spouse, or the person's minor children owe money
in excess of one thousand dollars, including the interest rate and the highest
PAGE 32-SENATE BILL 24-210 amount owed, disclosed as a range included AS PROVIDED in the form
prescribed by the secretary of state, for the calendar year covered in the
statement;
(3)  Any disclosure statement shall be amended no more than thirty
days after any termination, or
 acquisition, OR SUBSTANTIAL CHANGE of
interests as to which disclosure is required.
(4) (a)  Any person required by this section to file a disclosure
statement shall, on or before January 10 of each calendar year, file an
amended statement with the secretary of state or notify the secretary of state
in writing that the person has had no change of condition since the previous
filing of a disclosure statement.
(b)  Any incumbent seeking reelection is not required to file a
separate disclosure statement required by section 1-45-110 if the incumbent
has filed a disclosure statement as required by subsection (4)(a) of this
section.
(5)  Each disclosure statement amended statement, or notification
that no amendment is required shall be IS public information available to
any person upon request during normal working hours AND SHALL BE MADE
AVAILABLE ON THE SECRETARY OF STATE
'S WEBSITE.
(6)  Any person subject to the provisions of this section may elect tofile with the secretary of state annually a copy of his federal income tax
return and any separate federal income tax return filed by his spouse or
minor children residing with him together with a certified statement of any
investments held by him, his spouse, or minor children residing with him
which are not reflected by the income tax returns in lieu of complying with
the provisions of subsections (1) to (4) of this section, which tax return and
any statement filed under the provisions of this subsection (6) shall be
public information.
(7)  Any person who willfully files a false or incomplete disclosure
statement, amendment, or notice that no amendment is required, or who
willfully files a false or incomplete copy of any federal income tax return
or a false or incomplete certified statement of investments, or who willfully
fails to make any filing required by this section is guilty of a misdemeanor
and, upon conviction thereof, shall be punished by a fine of not less than
PAGE 33-SENATE BILL 24-210 one thousand dollars nor more than five thousand dollars.
(8)  I
N ADDITION TO ANY OTHER PROCESS PROVIDED IN LAW OR RULE ,
INCLUDING ARTICLE XXIX OF THE STATE CONSTITUTION, ANY PERSON WHO
BELIEVES AN OFFICIAL LISTED IN SUBSECTION
 (1)(a) OF THIS SECTION IS NOT
SUBSTANTIALLY COMPLYING WITH THE REQUIREMENTS OF THIS SECTION MAY
FILE A COMPLAINT WITH THE FOLLOWING
:
(a)  T
HE SECRETARY OF THE SENATE AND THE PRESIDENT OF THE
SENATE FOR MEMBERS OF THE SENATE
; AND
(b)  THE CHIEF CLERK OF THE HOUSE OF REPRESENTATIVES AND THE
SPEAKER OF THE HOUSE OF REPRESENTATIVES FOR MEMBERS OF THE HOUSE
OF REPRESENTATIVES
.
(9)  U
PON RECEIVING A COMPLAINT , THE PERSON OR PERSONS
RECEIVING THE COMPLAINT SHALL FOLLOW ANY EXISTING PROCEDURES FOR
INVESTIGATING ETHICS COMPLAINTS OR VIOLATIONS
.
(10)  I
F AN OFFICIAL SPECIFIED IN SUBSECTION (1)(a) OF THIS SECTION
DOES NOT TIMELY FILE THE REQUIRED ANNUAL DISCLOSURE STATEMENT
, THE
SECRETARY OF STATE SHALL FORWARD NOTIFICATION TO THE APPROPRIATE
INDIVIDUAL SPECIFIED IN SUBSECTION 
(8) OF THIS SECTION.
SECTION 52. In Colorado Revised Statutes, 24-72-203, add (3)(d)
as follows:
24-72-203.  Public records open to inspection.
(3) (d)  N
OTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION , IF THE
PUBLIC RECORDS REQUESTED ARE ELECTION
-RELATED AND ARE IN THE
CUSTODY AND CONTROL OF A COUNTY CLERK AND RECORDER BUT ARE IN
ACTIVE USE
, IN STORAGE, OR OTHERWISE NOT READILY AVAILABLE AT THE
TIME A REQUESTER ASKS TO EXAMINE THEM
, AND THE REQUEST IS MADE
DURING AN ELECTION FOR WHICH THE COUNTY CLERK AND RECORDER IS THE
DESIGNATED ELECTION OFFICIAL
, THE COUNTY CLERK AND RECORDER MAY ,
AT THE COUNTY CLERK AND RECORDER 'S DISCRETION, TAKE ADDITIONAL
TIME TO FULFILL THE REQUEST AS SPECIFIED IN THIS SUBSECTION
 (3)(d);
EXCEPT THAT THE PROVISIONS OF THIS SUBSECTION (3)(d) DO NOT APPLY IF
THE REQUESTER OF THE PUBLIC RECORDS IS A MASS MEDIUM ORGANIZATION
AS DEFINED IN SECTION 
13-90-119 (1)(a), OR A NEWSPERSON, AS DEFINED IN
PAGE 34-SENATE BILL 24-210 SECTION 13-90-119 (1)(c). THE COUNTY CLERK AND RECORDER MAY TAKE
ADDITIONAL TIME TO FULFILL THE REQUEST AS FOLLOWS
:
(I)  D
URING THE PERIOD BEGINNING ON THE SIXTIETH DAY BEFORE
ELECTION DAY AND CONCLUDING WITH THE DATE BY WHICH THE COUNTY
CLERK AND RECORDER CERTIFIES THE FINAL OFFICIAL ABSTRACT OF VOTES
CAST FOR THE APPLICABLE ELECTION
, THE COUNTY CLERK AND RECORDER
MAY EXTEND THE PERIOD FOR PRODUCTION OF RECORDS UP TO AN
ADDITIONAL TEN WORKING DAYS PAST THE SEVEN
-DAY EXTENSION
ALLOWED UNDER SUBSECTION
 (3)(b) OF THIS SECTION;
(II)  T
HE COUNTY CLERK AND RECORDER SHALL PROVIDE WRITTEN
NOTICE OF THE EXTENSION TO THE REQUESTER WITHIN THREE WORKING
DAYS FROM THE DATE OF THE REQUEST
;
(III)  T
HE COUNTY CLERK AND RECORDER MAY NOT EXTEND THE
PERIOD FOR PRODUCTION OF ANY RECORD THAT
:
(A)  I
S A LIST OF VOTERS, A LIST OF VOTERS WHO HAVE RETURNED
THEIR BALLOTS
, OR A LIST OF VOTERS WHO HAVE BALLOTS THAT NEED TO BE
CURED
; OR
(B)  IS NECESSARY FOR AN INTERESTED PARTY , AS DEFINED IN
SECTION 
1-10.5-106 (1), TO DETERMINE WHETHER OR NOT TO REQUEST A
RECOUNT UNDER SECTION 
1-10.5-106, OR TO FACILITATE THE CONDUCT OF
A RECOUNT
; AND
(IV)  A REQUESTER WHOSE PUBLIC RECORDS REQUEST IS SUBJECT TO
THE EXTENSION PURSUANT TO SUBSECTION
 (3)(d)(I) OF THIS SECTION MAY
APPLY TO THE DISTRICT COURT UNDER THE PROCEDURES SET FORTH IN
SECTION 
1-1-113 FOR AN ORDER DIRECTING THE COUNTY CLERK AND
RECORDER TO PRODUCE THE REQUESTED RECORDS OR SHOW CAUSE WHY THE
ADDITIONAL EXTENSION PERIOD APPLIES
.
SECTION 53. In Colorado Revised Statutes, 1-4-101, add (6) as
follows:
1-4-101.  Primary elections - when - nominations - expenses -
legislative declaration. (6) (a)  T
HE GENERAL ASSEMBLY FINDS AND
DECLARES THAT
, FOR THIS SUBSECTION (6), IT INTENDS THAT A GENERAL
PAGE 35-SENATE BILL 24-210 PROVISION WITH A LATER EFFECTIVE DATE PREVAILS OVER A SPECIFIC
PROVISION WITH AN EARLIER EFFECTIVE DATE
.
(b)  A
 DESIGNATED ELECTION OFFICIAL MAY CONDUCT AN
ALL
-CANDIDATE PRIMARY ELECTION USING AN ALL -CANDIDATE PRIMARY
BALLOT ONLY AFTER THE REQUIREMENTS ESTABLISHED IN SECTION 
1-7-1002
(2.5)
 HAVE BEEN SATISFIED.
SECTION 54. In Colorado Revised Statutes, 1-7-1002, amend (1);
and add (2.5) as follows:
1-7-1002.  Ranked voting methods - report - legislative
declaration - definitions. (1)  As used in this part 10, unless the context
otherwise requires:
(a)  "F
EDERAL OFFICE" MEANS UNITED STATES SENATOR,
REPRESENTATIVE IN CONGRESS, OR PRESIDENT OF THE UNITED STATES.
(b)  "Local government" means a statutory city or town or a special
district created pursuant to article 1 of title 32. C.R.S.
(c)  "STATE OFFICE" MEANS DISTRICT ATTORNEY , STATE
REPRESENTATIVE
, STATE SENATOR, REGENT OF THE UNIVERSITY OF
COLORADO, STATE TREASURER, SECRETARY OF STATE, ATTORNEY GENERAL,
OR GOVERNOR.
(2.5) (a)  T
HE GENERAL ASSEMBLY FINDS AND DECLARES THAT FOR
THIS SUBSECTION 
(2.5), IT INTENDS THAT A GENERAL PROVISION WITH A
LATER EFFECTIVE DATE PREVAILS OVER A SPECIFIC PROVISION WITH AN
EARLIER EFFECTIVE DATE
.
(b)  B
EFORE A PRIMARY OR GENERAL ELECTION CAN USE A RANKED
VOTING METHOD FOR FEDERAL OR STATE OFFICES
, THE SECRETARY OF STATE
MUST CERTIFY THAT
:
(I)  M
UNICIPALITIES IN AT LEAST THREE COUNTIES WITH MORE THAN
TWO HUNDRED FIFTY THOUSAND ACTIVE ELECTORS
, AT LEAST THIRTY-SEVEN
THOUSAND FIVE HUNDRED BUT FEWER THAN TWO HUNDRED FIFTY
THOUSAND ACTIVE ELECTORS
, AT LEAST TEN THOUSAND BUT FEWER THAN
THIRTY
-SEVEN THOUSAND FIVE HUNDRED ACTIVE ELECTORS , AND FEWER
PAGE 36-SENATE BILL 24-210 THAN TEN THOUSAND ACTIVE ELECTORS , HAVE COORDINATED WITH THE
MUNICIPALITY
'S COUNTY CLERK TO CONDUCT AN ELECTION WITH A RANKED
VOTING METHOD
;
(II)
  AT LEAST TWO COUNTIES SPECIFIED IN SUBSECTION (2.5)(b)(I) OF
THIS SECTION HAVE A POPULATION OF AT LEAST TWO THOUSAND CITIZENS OR
AT LEAST TWO AND ONE
-HALF PERCENT OF CITIZENS AGED EIGHTEEN YEARS
OR OLDER WHO SPEAK 
ENGLISH LESS THAN VERY WELL, AS DEFINED BY THE
UNITED STATES CENSUS BUREAU "AMERICAN COMMUNITY SURVEY" OR
COMPARABLE CENSUS DATA
, AND WHO SPEAK A SHARED LANGUAGE IN THEIR
PLACE OF RESIDENCE
;
(III)  A
T LEAST TWO COUNTIES SPECIFIED IN SUBSECTION (2.5)(b)(I)
OF THIS SECTION HAVE A POPULATION OF TWO THOUSAND NON -WHITE
ACTIVE ELECTORS OR AT LEAST TWO AND ONE
-HALF PERCENT NON-WHITE
ACTIVE ELECTORS AS DEFINED BY THE 
UNITED STATES CENSUS BUREAU
"AMERICAN COMMUNITY SURVEY" OR COMPARABLE CENSUS DATA ; AND
(IV)  A RISK-LIMITING AUDIT HAS BEEN SUCCESSFULLY COMPLETED
FOR EACH MUNICIPAL ELECTION IN THE MUNICIPALITIES SPECIFIED IN
SUBSECTION
 (2.5)(b)(I) OF THIS SECTION AND HAS DEMONSTRATED THAT THE
CERTIFIED OUTCOMES IN EACH RACE WERE CORRECT
.
(c)  W
HEN ALL OF THE REQUIREMENTS SPECIFIED IN SUBSECTION
(2.5)(b) OF THIS SECTION ARE SATISFIED, AND BEFORE A PRIMARY OR
GENERAL ELECTION CAN USE A RANKED VOTING METHOD FOR FEDERAL OR
STATE OFFICES
, THE SECRETARY OF STATE SHALL PROVIDE A REPORT AS PART
OF THE SECRETARY
'S PRESENTATION TO THE LEGISLATIVE COMMITTEES OF
REFERENCE AT THE COMMITTEES
' HEARINGS HELD PURSUANT TO THE "STATE
MEASUREMENT FOR ACCOUNTABLE, RESPONSIVE, AND TRANSPARENT
(SMART) GOVERNMENT ACT" PURSUANT TO PART 2 OF ARTICLE 7 OF TITLE
2, REGARDING THE IMPACT OF RANKED CHOICE VOTING METHODS AS
COMPARED TO ELECTIONS CONDUCTED THROUGH OTHER VOTING METHODS
.
A
S AVAILABLE, THE REPORT MUST INCLUDE INFORMATION REGARDING
SPOILAGE OF BALLOTS
, UNDERVOTES, RECORD OF USE AND RESULTS OF
RISK
-LIMITING AUDITS, AND THE IMPACT ON VOTER TURNOUT IN
HISTORICALLY UNDER
-REPRESENTED COMMUNITIES , INCLUDING THE
DISABLED COMMUNITY
, NON-ENGLISH SPEAKING VOTERS, AND NON-WHITE
VOTERS
.
PAGE 37-SENATE BILL 24-210 SECTION 55. In Colorado Revised Statutes, amend 30-10-109 as
follows:
30-10-109.  Office hours. All county offices shall MUST be kept
open for the transaction of county business on the days and during the hours
designated by resolution of the board of county commissioners. However,
all clerks of court, 
CLERK AND RECORDERS , and sheriffs shall be
 ARE
subject, at all times, to the command of the people, and each thereof shall
at all hours, night and day, be prepared to attend such duties as may
reasonably be required of them.
SECTION 56. In Colorado Revised Statutes, 24-77-109, repeal as
added by Section 13 of Senate Bill 24-230 (2); and add (4) as follows:
24-77-109.  Definition of fee - scope - legislative declaration -
definitions - repeal. (2)  As used in this section, "fee" means any fee
charged for remediation services that positively impact the environment,
such as the production fee for clean transit imposed pursuant to section
43-4-1204, the production fee for wildlife and land remediation imposed
pursuant to section 33-61-103, and the congestion impact fee imposed
pursuant to section 43-4-806 (7.6).
(4)  THE GENERAL ASSEMBLY DECLARES THAT :
(a)  T
HE CONSTITUTIONAL AMENDMENT DESCRIBED IN SUBSECTION
(1) OF THIS SECTION DIRECTLY AMENDS SECTION 20 OF ARTICLE X OF THE
STATE CONSTITUTION
, AND THAT SECTION 20 OF ARTICLE X CONTAINS
PROVISIONS OF LAW GOVERNING ELECTION PROCESSES SPECIFIC TO STATE
FISCAL MATTERS
, INCLUDING VOTER APPROVAL REQUIREMENTS AND BALLOT
LANGUAGE THAT MUST BE SUBMITTED TO THE VOTERS FOR CERTAIN
MEASURES
, AND CONTAINS SUBSECTIONS ENTITLED "ELECTION PROVISIONS"
AND "REQUIRED ELECTIONS"; 
(b)  THE AMENDMENT DESCRIBED IN SUBSECTION (1) OF THIS SECTION
WOULD AMEND SECTION 
20 OF ARTICLE X OF THE STATE CONSTITUTION, AND
THAT SUCH AMENDMENT
, BY DEFINING A "FEE", IS LIKELY TO IMPACT
CONSTITUTIONAL ELECTION REQUIREMENTS  AND MAY RESULT IN
ADDITIONAL REVENUE SOURCES BEING SUBMITTED TO THE VOTERS
PURSUANT TO ELECTION REQUIREMENTS CONTAINED IN SECTION 
20 OF
ARTICLE 
X; AND
PAGE 38-SENATE BILL 24-210 (c)  THEREFORE, THIS SECTION, BY CONSTRUING AND EFFECTUATING
SUCH CONSTITUTIONAL AMENDMENT
, IS A LAW REGARDING ELECTIONS.
SECTION 57. In Colorado Revised Statutes, 24-77-109, repeal as
added by Section 14 of Senate Bill 24-230 (2); and add (4) as follows:
24-77-109.  Definition of fee - scope - legislative declaration -
definitions - repeal. (2)  As used in this section, "fee" means any feecharged for remediation services that positively impact the environment,
such as the production fee for clean transit imposed pursuant to section
43-4-1204 and the production fee for wildlife and land remediation imposed
pursuant to section 33-61-103.
(4)  THE GENERAL ASSEMBLY DECLARES THAT :
(a)  T
HE CONSTITUTIONAL AMENDMENT DESCRIBED IN SUBSECTION
(1) OF THIS SECTION DIRECTLY AMENDS SECTION 20 OF ARTICLE X OF THE
STATE CONSTITUTION
, AND THAT SECTION 20 OF ARTICLE X CONTAINS
PROVISIONS OF LAW GOVERNING ELECTION PROCESSES SPECIFIC TO STATE
FISCAL MATTERS
, INCLUDING VOTER APPROVAL REQUIREMENTS AND BALLOT
LANGUAGE THAT MUST BE SUBMITTED TO THE VOTERS FOR CERTAIN
MEASURES
, AND CONTAINS SUBSECTIONS ENTITLED "ELECTION PROVISIONS"
AND "REQUIRED ELECTIONS";
(b)  T
HE AMENDMENT DESCRIBED IN SUBSECTION (1) OF THIS SECTION
WOULD AMEND SECTION 
20 OF ARTICLE X OF THE STATE CONSTITUTION, AND
THAT SUCH AMENDMENT
, BY DEFINING A "FEE", IS LIKELY TO IMPACT
CONSTITUTIONAL ELECTION REQUIREMENTS  AND MAY RESULT IN
ADDITIONAL REVENUE SOURCES BEING SUBMITTED TO THE VOTERS
PURSUANT TO ELECTION REQUIREMENTS CONTAINED IN SECTION 
20 OF
ARTICLE 
X; AND
(c)  THEREFORE, THIS SECTION, BY CONSTRUING AND EFFECTUATING
SUCH CONSTITUTIONAL AMENDMENT
, IS A LAW REGARDING ELECTIONS.
SECTION 58. In Colorado Revised Statutes, 30-10-306.2, amend
(4)(b)(I)(B); and add (4)(b)(I)(F) as follows:
30-10-306.2.  Commission organization - procedures -
transparency - voting requirements. (4) (b)  To ensure transparency in the
PAGE 39-SENATE BILL 24-210 redistricting process:
(I) (B)  Except as provided in subsection (4)(b)(I)(D) SUBSECTIONS
(4)(b)(I)(D) AND (4)(b)(I)(F) of this section, a member of the commission
shall not communicate with staff or any members of the advisory committee
on the mapping of county commissioner districts unless the communication
is during a public meeting or hearing of the commission.
(F)  S
TAFF MAY MAKE A COMPLETED PROPOSED PLAN THAT STAFF
PREPARED AS A RESULT OF A REQUEST MADE IN A PUBLIC HEARING
AVAILABLE TO THE PUBLIC ON THE COMMISSION
'S WEBSITE. IN ADDITION,
STAFF MAY COMMUNICATE WITH A MEMBER OF THE COMMISSION OR THE
ADVISORY COMMITTEE TO CLAR IFY DIRECTIONS THAT WERE GIVEN TO STAFF
DURING A PUBLIC MEETING REGARDING THE CREATION OF A PROPOSED PLAN
,
SO LONG AS STAFF MAKES A RECORD OF THE CONTENT OF THE
COMMUNICATION AVAILABLE TO THE PUBLIC ON THE COMMISSION
'S WEBSITE.
SECTION 59. In Colorado Revised Statutes, 1-1-111, amend (1)
introductory portion and (2) as follows:
1-1-111.  Powers and duties of governing boards. (1)  In addition
to any other duties prescribed by law, the governing board of a political
subdivision, 
OTHER THAN A COUNTY OR CITY AND COUNTY , entitled to call
elections shall have the following duties:
(2)  All powers and authority granted to the governing board of a
political subdivision, 
OTHER THAN A COUNTY OR CITY AND COUNTY , may be
exercised by an election official designated by the board. The governing
body may also contract with the county clerk and recorder of the county in
which the political subdivision is organized to perform all or part of the
required duties in conducting the election.
SECTION 60. Appropriation. (1)  For the 2024-25 state fiscal
year, $10,444 is appropriated to the department of revenue. This
appropriation is from the Colorado DRIVES vehicle services account in the
highway users tax fund created in section 42-1-211 (2), C.R.S. To
implement this act, the department may use this appropriation as follows:
(a)  $576 for the division of motor vehicles for personal services
related to vehicle services;
PAGE 40-SENATE BILL 24-210 (b)  $7,840 for DRIVES maintenance and support;
(c)  $840 for the executive director's office for personal services
related to administration and support; and
(d)  $1,188 for the purchase of information technology services.
(2)  For the 2024-25 state fiscal year, $1,188 is appropriated to the
office of the governor for use by the office of information technology. This
appropriation is from reappropriated funds received from the department of
revenue under subsection (1)(d) of this section. To implement this act, the
office may use this appropriation to provide information technology
services for the department of revenue.
(3)  For the 2024-25 state fiscal year, $3,654 is appropriated to the
department of state for use by the elections division. This appropriation is
from the department of state cash fund created in section 24-21-104 (3)(b),
C.R.S. To implement this act, the department may use this appropriation for
operating expenses related to elections.
SECTION 61.  Effective date. (1)  Except as otherwise provided in
this section, this act takes effect upon passage.
(2)  Sections 2, 3, 4, 5, and 11 of this act and section 1-4-802
(1)(d)(II) and (1)(f)(II), C.R.S., as amended in section 10 of this act, take
effect January 1, 2025.
(3)  Sections 53 and 54 of this act take effect March 1, 2026.
(4)  Sections 56 and 57 of this act take effect only if Senate Bill
24-230 becomes law, in which case, sections 56 and 57 take effect upon the
effective date of this act or Senate Bill 24-230, whichever is later.
SECTION 62. Safety clause. The general assembly finds,
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety or for appropriations for
PAGE 41-SENATE BILL 24-210 the support and maintenance of the departments of the state and state
institutions.
____________________________  ____________________________
Steve Fenberg
Julie McCluskie
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________  ____________________________
Cindi L. Markwell Robin Jones
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
            APPROVED________________________________________
                                                        (Date and Time)
                              _________________________________________
                             Jared S. Polis
                             GOVERNOR OF THE STATE OF COLORADO
PAGE 42-SENATE BILL 24-210