Colorado 2025 Regular Session

Colorado House Bill HB1089 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	First Regular Session
2	2	Seventy-fifth General Assembly
3	3	STATE OF COLORADO
4	4	INTRODUCED
5	5
6	6
7	7	LLS NO. 25-0690.02 Alison Killen x4350
8	8	HOUSE BILL 25-1089
9	9	House Committees Senate Committees
10	10	State, Civic, Military, & Veterans Affairs
11	11	A BILL FOR AN ACT
12	12	C
13	13	ONCERNING THE AUTHORITY OF A COUNTY CLERK AND RECORDER TO101
14	14	ALLOW A TEAM OF BIPARTISAN ELECTION JUDGES TO VERIFY102
15	15	SIGNATURES IN A MAIL BALLOT ELECTION .103
16	16	Bill Summary
17	17	(Note: This summary applies to this bill as introduced and does
18	18	not reflect any amendments that may be subsequently adopted. If this bill
19	19	passes third reading in the house of introduction, a bill summary that
20	20	applies to the reengrossed version of this bill will be available at
21	21	http://leg.colorado.gov
22	22	.)
23	23	Currently, in every mail ballot election coordinated with or
24	24	conducted by a county clerk and recorder, a single election judge
25	25	personally conducts the review of each mail ballot for purposes of
26	26	signature verification, unless the county clerk and recorder allows the
27	27	election judge to use a signature verification device. The bill authorizes
28	28	HOUSE SPONSORSHIP
29	29	Richardson,
30	30	SENATE SPONSORSHIP
31	31	Baisley,
32	32	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
33	33	Capital letters or bold & italic numbers indicate new material to be added to existing law.
34	34	Dashes through the words or numbers indicate deletions from existing law. the county clerk and recorder to allow a team of bipartisan election
35	35	judges, rather than a single election judge, to review mail ballots for
36	36	purposes of signature verification. The bill authorizes the secretary of
37	37	state to adopt rules concerning the procedure for using a team of
38	38	bipartisan election judges for such signature verification.
39	39	Be it enacted by the General Assembly of the State of Colorado:1
40	40	SECTION 1. In Colorado Revised Statutes, 1-7.5-107.3, amend2
41	41	(1)(a), (2)(a), (2)(c), (3), (4)(a), (5), and (6); and add (1)(c) as follows: 3
42	42	1-7.5-107.3. Verification of signatures - rules. (1) (a) Except as4
43	43	provided in subsection (5) of this section, in every mail ballot election5
44	44	that is coordinated with or conducted by the county clerk and recorder, an6
45	45	election judge
46	46	OR A TEAM OF BIPARTISAN ELECTION JUDGES IF7
47	47	AUTHORIZED PURSUANT TO SUBSECTION (1)(c) OF THIS SECTION shall8
48	48	compare the signature on the self-affirmation on each return envelope9
49	49	with the signature of the eligible elector stored in the statewide voter10
50	50	registration system in accordance with subsections (2), (3), and (4) of this11
51	51	section.12
52	52	(c) A
53	53	COUNTY CLERK AND RECORDER MAY ALLOW A TEAM OF TWO13
54	54	BIPARTISAN ELECTION JUDGES TO COMPARE THE SIGNATURE ON THE14
55	55	SELF-AFFIRMATION ON EACH RETURN ENVELOPE WITH THE SIGNATURE OF15
56	56	THE ELIGIBLE ELECTOR STORED IN THE STATEWIDE VOTER REGISTRATION16
57	57	SYSTEM IN ACCORDANCE WITH THIS SECTION AND ANY RULES ADOPTED BY17
58	58	THE SECRETARY OF STATE PURSUANT TO SUBSECTION (6) OF THIS SECTION.18
59	59	(2) (a) (I) (A) If, upon comparing the signature of an eligible19
60	60	elector on the self-affirmation on the return envelope with the signature20
61	61	of the eligible elector stored in the statewide voter registration system, the21
62	62	election judge determines that the signatures do not match, or if a22
63	63	signature verification device used pursuant to subsection (5) of this23
64	64	HB25-1089-2- section is unable to determine that the signatures match, two other1
65	65	election judges of different political party affiliations shall simultaneously2
66	66	compare the signatures;
67	67	OR3
68	68	(B) I
69	69	F, UPON COMPARING THE SIGNATURE OF AN ELIGIBLE ELECTOR4
70	70	ON THE SELF-AFFIRMATION ON THE RETURN ENVELOPE WITH THE5
71	71	SIGNATURE OF THE ELIGIBLE ELECTOR STORED IN THE STATEWIDE VOTER6
72	72	REGISTRATION SYSTEM, A TEAM OF TWO BIPARTISAN ELECTION JUDGES AS7
73	73	SPECIFIED IN SUBSECTION (1)(c) OF THIS SECTION DETERMINES THAT THE8
74	74	SIGNATURES DO NOT MATCH , OR IF A SIGNATURE VERIFICATION DEVICE9
75	75	USED PURSUANT TO SUBSECTION (5) OF THIS SECTION IS UNABLE TO10
76	76	DETERMINE THAT THE SIGNATURES MATCH , ONE OTHER ELECTION JUDGE11
77	77	OF ANY POLITICAL PARTY AFFILIATION SHALL COMPARE THE SIGNATURES .12
78	78	(II) If both
79	79	AFTER COMPLETING THE REVIEW OF SIGNATURES13
80	80	PURSUANT TO SUBSECTION (2)(a)(I)(A) OR (2)(a)(I)(B) OF THIS SECTION,14
81	81	THE other election JUDGE OR judges agree that the signatures do not15
82	82	match, the county clerk and recorder shall, within three days after the16
83	83	signature deficiency has been confirmed, but in no event later than two17
84	84	days after election day, send to the eligible elector at the address indicated18
85	85	in the registration records and to the eligible elector's electronic mail19
86	86	address if available a letter explaining the discrepancy in signatures and20
87	87	a form for the eligible elector to confirm that the elector returned a ballot21
88	88	to the county clerk and recorder. If the county clerk and recorder receives22
89	89	the form within eight days after election day confirming that the elector23
90	90	returned a ballot to the county clerk and recorder and enclosing a copy of24
91	91	the elector's identification as defined in section 1-1-104 (19.5), and if the25
92	92	ballot is otherwise valid, the ballot shall be counted. If the eligible elector26
93	93	returns the form indicating that the elector did not return a ballot to the27
94	94	HB25-1089
95	95	-3- county clerk and recorder, or if the eligible elector does not return the1
96	96	form within eight days after election day, the self-affirmation on the2
97	97	return envelope shall be categorized as incorrect, the ballot shall not be3
98	98	counted, and the county clerk and recorder shall send copies of the4
99	99	eligible elector's signature on the return envelope and the signature stored5
100	100	in the statewide voter registration system to the district attorney for6
101	101	investigation.7
102	102	(c) In the case of a disagreement among the election judges as to8
103	103	whether the signature of an eligible elector on the self-affirmation on the9
104	104	return envelope matches the signature of the eligible elector stored in the10
105	105	statewide voter registration system pursuant to the procedures specified11
106	106	in paragraph (a) of this subsection (2) SUBSECTION (2)(a) OF THIS12
107	107	SECTION, the signatures are deemed to match, and the election judge OR13
108	108	TEAM OF BIPARTISAN ELECTION JUDGES shall follow the procedures14
109	109	specified in section 1-7.5-107 (6) concerning the qualification and15
110	110	counting of mail ballots.16
111	111	(3) If the election judge
112	112	OR TEAM OF BIPARTISAN ELECTION JUDGES17
113	113	determines that the signature of an eligible elector on the self-affirmation18
114	114	matches the elector's signature stored in the statewide voter registration19
115	115	system, the election judge
116	116	OR TEAM OF BIPARTISAN ELECTION JUDGES shall20
117	117	follow the procedures specified in section 1-7.5-107 (6) concerning the21
118	118	qualification and counting of mail ballots.22
119	119	(4) (a) An election judge
120	120	OR TEAM OF BIPARTISAN ELECTION23
121	121	JUDGES shall not determine that the signature of an eligible elector on the24
122	122	self-affirmation does not match the signature of that eligible elector25
123	123	stored in the statewide voter registration system solely on the basis of26
124	124	substitution of initials or use of a common nickname.27
125	125	HB25-1089
126	126	-4- (5) (a) A county clerk and recorder may allow an election judge1
127	127	OR A TEAM OF BIPARTISAN ELECTION JUDGES to use a signature2
128	128	verification device to compare the signature on the self-affirmation on a3
129	129	return envelope of an eligible elector's ballot with the signature of the4
130	130	elector stored in the statewide voter registration system in accordance5
131	131	with this subsection (5) and any rules promulgated by the secretary of6
132	132	state pursuant to subsection (6) of this section.7
133	133	(b) If a signature verification device determines that the signature8
134	134	on the self-affirmation on a return envelope of an eligible elector's ballot9
135	135	matches the signature of the elector stored in the statewide voter10
136	136	registration system, the signature on the self-affirmation is deemed11
137	137	verified, and the election judge
138	138	OR TEAM OF BIPARTISAN ELECTION JUDGES12
139	139	shall follow the procedures specified in section 1-7.5-107 (6) concerning13
140	140	the qualification and counting of mail ballots. If a signature verification14
141	141	device is unable to determine that the signature on the self-affirmation on15
142	142	a return envelope of an eligible elector's mail ballot matches the signature16
143	143	of the elector stored in the statewide voter registration system, an election17
144	144	judge
145	145	OR A TEAM OF BIPARTISAN ELECTION JUDGES shall compare the18
146	146	signatures in accordance with subsections (2), (3), and (4) of this section.19
147	147	(6) The secretary of state shall adopt rules in accordance with20
148	148	article 4 of title 24 C.R.S.,
149	149	establishing procedures for using signature21
150	150	verification devices
151	151	OR A BIPARTISAN TEAM OF JUDGES to process ballots22
152	152	used in mail ballot elections pursuant to this article
153	153	ARTICLE 7.5.23
154	154	SECTION 2. Act subject to petition - effective date. This act24
155	155	takes effect at 12:01 a.m. on the day following the expiration of the25
156	156	ninety-day period after final adjournment of the general assembly; except26
157	157	that, if a referendum petition is filed pursuant to section 1 (3) of article V27
158	158	HB25-1089
159	159	-5- of the state constitution against this act or an item, section, or part of this1
160	160	act within such period, then the act, item, section, or part will not take2
161	161	effect unless approved by the people at the general election to be held in3
162	162	November 2026 and, in such case, will take effect on the date of the4
163	163	official declaration of the vote thereon by the governor.5
164	164	HB25-1089
165	165	-6-