First Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 25-0803.02 Nicole Myers x4326
HOUSE BILL 25-1225
House Committees Senate Committees
State, Civic, Military, & Veterans Affairs
A BILL FOR AN ACT
C
ONCERNING THE CREATION OF THE "FREEDOM FROM INTIMIDATION101
I
N ELECTIONS ACT" TO PROHIBIT AN INDIVIDUAL FROM102
INTIMIDATING, THREATENING, OR COERCING ANY INDIVIDUAL103
FOR ENGAGING IN CERTAIN ELECTION -RELATED ACTIVITIES.104
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
The bill creates the "Freedom From Intimidation In Elections Act",
which prohibits any individual from intimidating, threatening, or coercing
or attempting to intimidate, threaten, or coerce any individual for:
HOUSE SPONSORSHIP
Woodrow,
SENATE SPONSORSHIP
(None),
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. ! Voting or attempting to vote;
! Urging or aiding any individual to vote or attempt to vote;
! Exercising any powers or duties to administer elections,
including vote counting, canvassing, and election
certification; or
! The individual's status as a past or present participant in the
administration of elections.
The bill specifies that an individual who carries a visible firearm,
imitation firearm, or toy firearm while interacting with or observing any
of the specified election-related activities is presumed, in the absence of
any affirmative showing to the contrary, to have engaged in intimidation
prohibited by the bill.
An aggrieved individual, an election official, a designated election
official, the secretary of state, or the attorney general may enforce the
provisions of the bill. A suit brought by an election official, a designated
election official, the secretary of state, or the attorney general does not
preclude a contemporaneous private suit by an aggrieved individual to
enforce the provisions of the bill.
In a suit to enforce the provisions of the bill, a court may grant
relief enjoining the use or carrying of firearms by a defendant beyond the
areas defined in current law. To prevail in a suit to enforce the provisions
of the bill, a plaintiff is not required to prove that a defendant intended to
intimidate, threaten, or coerce any individual, except to prove an attempt
to intimidate, threaten, or coerce.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. Legislative declaration. (1) The general assembly2
finds and declares that:3
(a) The United States, including Colorado, has a history of4
intimidation in elections. Often, election intimidation has been targeted5
at voters of color, prompting federal legislation as far back as the federal6
"Enforcement Acts" of 1870 and 1871, through the enactment of section7
11(b) of the federal "Voting Rights Act of 1965", 52 U.S.C. sec. 101018
et seq.9
(b) Colorado has also been the site of election-related intimidation10
in recent history. For example:11
HB25-1225-2- (I) In 2020, the Colorado attorney general sent a cease and desist1
letter to a mobile home park owner who had engaged in voter2
intimidation;3
(II) In 2022, dozens of individuals shouted at election workers4
inside the El Paso county clerk and recorder's office and recorded them5
while they were conducting a recount of votes in a nominating contest for6
the 2022 midterms. A group in the building prayed for "evil to descend"7
on the "election team".8
(III) Since 2023 alone, the Colorado secretary of state says she has9
received over 1,000 threats of violence or death; and10
(IV) In 2024, a Cortez resident pleaded guilty to making11
numerous violent threats and statements against Colorado election12
officials.13
(c) Since 2020, approximately 40% of local election officials in14
Colorado have left their positions. Colorado's rate of election official15
departure was higher than the national average in 2024, which had also16
dramatically increased over the past 4 years. During the 2024 election, at17
least one top election official had left in 25 of Colorado's 64 counties. In18
other words, 39% of the officials in charge of the 2024 presidential19
election were new to the job. The state has seen a net loss of 126 years of20
election experience.21
(2) The general assembly further finds and declares that:22
(a) The "Freedom From Intimidation In Elections Act" is intended23
to supplement existing anti-intimidation law under section 11(b) of the24
federal "Voting Rights Act of 1965", 52 U.S.C. sec. 10101 et seq., by,25
among other things, providing specific, explicit protections for election26
workers and acknowledging that in this era of increased firearm violence27
HB25-1225
-3- and election denialism, the presence of firearms in proximity to elections1
is presumptively intimidating. The "Freedom From Intimidation In2
Elections Act" should not be construed, however, to suggest that other3
anti-intimidation laws do not protect election workers or protect against4
the use of firearms to intimidate voters and election workers.5
(b) Colorado law already criminalizes the intimidation of voters6
and election officials in the election process. Colorado law also prohibits7
any person from carrying a firearm inside or near locations used for8
voting and counting ballots. The "Freedom From Intimidation In9
Elections Act" is not intended to, and should not be read to, limit or10
replace those prohibitions. Instead, the "Freedom From Intimidation In11
Elections Act" is a supplement to those existing protections.12
(c) Because election administration and voting take place in a13
number of locations including, but not limited to, polling places, elections14
and other government offices, ballot drop boxes, and people's homes, the15
term "voting", as defined by the "Freedom From Intimidation In Elections16
Act", is intended to be read expansively to include all forms and methods17
of voting permitted under federal and state law; and18
(d) The general assembly has compelling interests in protecting19
both public safety and individual rights, including the fundamental right20
to vote. It is the general assembly's intent and purpose in enacting the21
"Freedom From Intimidation In Elections Act" to help preserve the right22
to vote by securing the safety and freedom of our elections and allowing23
voters, election workers, and other officials who conduct our elections to24
play their roles free from intimidation.25
SECTION 2. In Colorado Revised Statutes, add 1-13-726 as26
follows:27
HB25-1225
-4- 1-13-726. Intimidation of voters or election officials - civil1
enforcement - short title - definitions. (1) Short title. T
HE SHORT TITLE2
OF THIS SECTION IS THE "FREEDOM FROM INTIMIDATION IN ELECTIONS3
A
CT".4
(2) Definitions. A
S USED IN THIS SECTION, UNLESS THE CONTEXT5
OTHERWISE REQUIRES:6
(a) "F
IREARM" HAS THE SAME MEANING AS SET FORTH IN SECTION7
18-1-901 (3)(h).8
(b) "I
MITATION FIREARM" MEANS AN OBJECT OR DEVICE9
REASONABLY CAPABLE OF BEING MISTAKEN FOR A FIREARM OR FOR A10
WEAPON THAT USES COMPRESSED AIR OR ANOTHER GAS TO FIRE A11
PROJECTILE.12
(c) "V
OTING" INCLUDES ALL ACTIONS NECESSARY TO MAKE A VOTE13
EFFECTIVE IN ANY PRIMARY, SPECIAL, ODD-YEAR, OR GENERAL ELECTION,14
INCLUDING, BUT NOT LIMITED TO, REGISTRATION OR OTHER ACTIONS15
REQUIRED BY LAW AS A PREREQUISITE TO VOTING , CASTING A BALLOT BY16
ANY METHOD PERMITTED BY LAW , AND HAVING A BALLOT COUNTED17
PROPERLY AND INCLUDED IN THE APPROPRIATE TOTALS OF VOTES CAST18
WITH RESPECT TO CANDIDATES FOR PUBLIC OR PARTY OFFICE AND BALLOT19
ISSUES AND BALLOT QUESTIONS FOR WHICH VOTES ARE RECEIVED IN AN20
ELECTION.21
(3) Election-related intimidation prohibited. A
N INDIVIDUAL,22
WHETHER ACTING UNDER COLOR OF LAW OR OTHERWISE , SHALL NOT23
INTIMIDATE, THREATEN, OR COERCE OR ATTEMPT TO INTIMIDATE ,24
THREATEN, OR COERCE ANY INDIVIDUAL FOR ANY OF THE FOLLOWING :25
(a) V
OTING OR ATTEMPTING TO VOTE;26
(b) U
RGING OR AIDING ANY INDIVIDUAL TO VOTE OR ATTEMPT TO27
HB25-1225
-5- VOTE, WHETHER AS PART OF OFFICIAL ELECTION ADMINISTRATION1
ACTIVITY OR OTHERWISE;2
(c) E
XERCISING ANY POWERS OR DUTIES TO ADMINISTER3
ELECTIONS, INCLUDING VOTE COUNTING , CANVASSING, AND ELECTION4
CERTIFICATION PURSUANT TO THE "UNIFORM ELECTION CODE OF 1992";5
OR6
(d) T
HE INDIVIDUAL'S STATUS AS A PAST OR PRESENT PARTICIPANT7
IN THE ADMINISTRATION OF ELECTIONS.8
(4) Presumption of engaging in election-related intimidation.9
A
N INDIVIDUAL WHO CARRIES A VISIBLE FIREARM, IMITATION FIREARM, OR10
TOY FIREARM WHILE INTERACTING WITH OR OBSERVING ANY OF THE11
ACTIVITIES DESCRIBED IN SUBSECTION (3) OF THIS SECTION IS PRESUMED,12
IN THE ABSENCE OF ANY AFFIRMATIVE SHOWING TO THE CONTRARY BY A13
PREPONDERANCE OF THE EVIDENCE , TO HAVE ENGAGED IN INTIMIDATION14
PROHIBITED BY THIS SECTION. LAW ENFORCEMENT OFFICERS ACTING15
WITHIN THE SCOPE OF THEIR OFFICIAL DUTIES ARE NOT SUBJECT TO THIS16
PRESUMPTION; EXCEPT THAT A COURT MAY CONSIDER A LAW17
ENFORCEMENT OFFICER'S POSSESSION OF A FIREARM IN DETERMINING18
WHETHER THE OFFICER VIOLATED SUBSECTION (3) OF THIS SECTION.19
(5) Right to enforce. (a) A
NY AGGRIEVED INDIVIDUAL HAS THE20
RIGHT TO ENFORCE SUBSECTION (3) OF THIS SECTION IN A SUIT AT LAW OR21
IN EQUITY, OR BOTH. A PREVAILING PLAINTIFF IN ANY SUCH ACTION IS22
ENTITLED TO THE RECOVERY OF REASONABLE ATTORNEY 'S FEES,23
REASONABLE EXPERT FEES, REASONABLE LITIGATION EXPENSES, AND ANY24
OTHER FEES OR COSTS THAT ARE DEEMED APPROPRIATE BY A COURT OF25
COMPETENT JURISDICTION.26
(b) A
N ELECTION OFFICIAL, DESIGNATED ELECTION OFFICIAL, OR27
HB25-1225
-6- THE SECRETARY OF STATE HAS THE RIGHT TO ENFORCE THE PROVISIONS OF1
SUBSECTION (3) OF THIS SECTION AND MAY INSTITUTE AN ACTION FOR2
EQUITABLE RELIEF ON BEHALF OF AN AGGRIEVED INDIVIDUAL WHO IS IN3
THE ELECTION OFFICIAL 'S, DESGINATED ELECTION OFFICIAL 'S, OR4
SECRETARY OF STATE'S JURISDICTION OR IS ELIGIBLE TO VOTE IN SUCH5
JURISDICTION.6
(c) T
HE ATTORNEY GENERAL HAS THE RIGHT TO ENFORCE7
SUBSECTION (3) OF THIS SECTION AND MAY INSTITUTE FOR THE STATE, OR8
IN THE NAME OF THE STATE , AN ACTION FOR EQUITABLE RELIEF ,9
INCLUDING AN APPLICATION FOR A TEMPORARY OR PERMANENT10
INJUNCTION, RESTRAINING ORDER, OR OTHER ORDER.11
(d) A
SUIT BROUGHT BY AN ELECTION OFFICIAL , DESIGNATED12
ELECTION OFFICIAL, OR THE SECRETARY OF STATE PURSUANT TO13
SUBSECTION (5)(b) OF THIS SECTION OR BY THE ATTORNEY GENERAL14
PURSUANT TO SUBSECTION (5)(c) OF THIS SECTION TO ENFORCE15
SUBSECTION (3) OF THIS SECTION DOES NOT PRECLUDE A16
CONTEMPORANEOUS PRIVATE SUIT BY AN AGGRIEVED INDIVIDUAL TO17
ENFORCE SUBSECTION (3) OF THIS SECTION.18
(6) Relief. (a) I
N A SUIT TO ENFORCE THE PROVISIONS OF19
SUBSECTION (3) OF THIS SECTION, A COURT MAY GRANT RELIEF ENJOINING20
A DEFENDANT FROM THE USE OR CARRYING OF FIREARMS BEYOND THE21
AREAS DESCRIBED IN SECTION 1-13-724 OR 18-12-105.3. THIS SECTION22
DOES NOT LIMIT THE COURT'S AUTHORITY TO GRANT ANY OTHER JUST AND23
EQUITABLE RELIEF.24
(b) T
O PREVAIL IN A SUIT TO ENFORCE SUBSECTION (3) OF THIS25
SECTION, A PLAINTIFF IS NOT REQUIRED TO PROVE THAT A DEFENDANT26
INTENDED TO INTIMIDATE, THREATEN, OR COERCE ANY INDIVIDUAL ,27
HB25-1225
-7- EXCEPT TO PROVE AN ATTEMPT TO INTIMIDATE , THREATEN, OR COERCE. A1
COURT MAY NONETHELESS CONSIDER EVIDENCE OF INTENT IN2
DETERMINING THE APPROPRIATE RELIEF .3
SECTION 3. Safety clause. The general assembly finds,4
determines, and declares that this act is necessary for the immediate5
preservation of the public peace, health, or safety or for appropriations for6
the support and maintenance of the departments of the state and state7
institutions.8
HB25-1225
-8-