First Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
ENGROSSED
This Version Includes All Amendments Adopted
on Second Reading in the House of Introduction
LLS NO. 25-0079.01 Rebecca Bayetti x4348
SENATE BILL 25-001
Senate Committees House Committees
State, Veterans, & Military Affairs
Appropriations
A BILL FOR AN ACT
C
ONCERNING THE ADMINISTRATION OF ELECTIONS , AND, IN101
CONNECTION THEREWITH , CREATING THE COLORADO VOTING102
R
IGHTS ACT AND MAKING AN APPROPRIATION .
103
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 Colorado Voting Rights Act (act) and modifies
certain election-related statutes in 4 areas:
! Election and voting statutes related to Indian tribes;
! Voting-related services for individuals with disabilities;
! Election-related language access; and
SENATE
Amended 2nd Reading
March 28, 2025
SENATE SPONSORSHIP
Gonzales J., Kolker, Michaelson Jenet, Roberts
HOUSE SPONSORSHIP
Bacon and Joseph, Camacho, English, Mabrey, Ricks
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. ! Election-related data collection.
Creation of the act. The bill creates the act, which prohibits
political subdivisions from:
! Taking any action that results in or is intended to result in
a material disparity between electors who are members of
a protected race, color, or language minority group or other
minority reporting group (protected class members) and
other eligible electors in regard to voter participation,
access to voting opportunities, or the opportunity or ability
to participate in the political process (voter suppression);
! Enacting or employing any method of election that has the
effect of, or is motivated in part by the intention of,
disparately impairing the opportunity or ability of protected
class members to participate in the political process, elect
the candidates of their choice, or otherwise influence the
outcome of elections (voter dilution); or
! Implementing, imposing, or enforcing a voting
qualification or another prerequisite to voting based on an
individual's actual or perceived gender identity, gender
expression, or sexual orientation.
An aggrieved individual or organization may file a civil suit alleging
voter suppression, voter dilution, or an unlawful voting prerequisite based
on gender identity, gender expression, or sexual orientation. The attorney
general may investigate potential violations of the act and may file suit to
enforce the act or may intervene in an aggrieved individual's or
organization's civil suit.
Election and voting statutes related to Indian tribes. The bill
clarifies provisions related to voter registration and election access for
Indian tribes, including valid identification for registration purposes and
the requirements for voter service and polling centers and ballot drop-off
locations on Indian reservations.
Voting-related services for individuals with disabilities. The bill
imposes a requirement on covered entities, defined as entities that provide
state-funded services primarily to individuals with disabilities, to publicly
display notices related to voting in advance of statewide general and
primary elections.
Election-related language access. The bill expands existing
requirements for the creation of multilingual ballots from only applying
to qualifying counties to also applying to qualifying municipalities, based
on the population or percentage of the voting-age population within the
relevant jurisdiction who are minority language speakers and speak
English less than very well.
Election-related data collection. The bill creates the statewide
election database and information office (office) in the department of
state. The office collects and maintains data related to elections, including
001
-2- demographics, election results, and voting information, which the office
is required to make publicly available. After each election, political
subdivisions are required to submit election-related information to the
office. The office also provides assistance to political subdivisions,
researchers, and members of the public related to the data it maintains, in
addition to providing data to the attorney general for purposes of
investigating potential violations of the act.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 1-1-104, amend2
(19.5)(a)(XIII) as follows:3
1-1-104. Definitions. As used in this code, unless the context4
otherwise requires:5
(19.5) (a) "Identification" means:6
(XIII) A valid identification card
THAT IS
issued by a federally7
recognized tribal government,
THE BUREAU OF INDIAN AFFAIRS, THE8
I
NDIAN HEALTH SERVICE, OR ANY OTHER TRIBAL OR FEDERAL AGENCY9
ISSUING IDENTIFICATION certifying tribal membership AND THAT
10
INCLUDES AN ADDRESS IN THE STATE , REGARDLESS OF WHETHER THE11
IDENTIFICATION CARD CONTAINS A PHOTOGRAPH ; or12
13
14
SECTION 2. In Colorado Revised Statutes, add 1-1-117 as15
follows:16
1-1-117. Voter access to primary elections and methods of17
selecting candidates for the general election. T
HE GENERAL ASSEMBLY,
18
THE SECRETARY OF STATE, AND EACH POLITICAL PARTY SHALL ENSURE19
THAT PRIMARY ELECTIONS OR ANY FUTURE ALTERNATIVE PROCESS BY20
WHICH ELECTORS MAY SELECT CANDIDATES FOR THE GENERAL ELECTION21
INCLUDES A PROCESS FOR ELIGIBLE ELECTORS TO VOTE THAT DOES NOT22
001-3- REQUIRE THE ELECTOR TO CAST THEIR VOTE IN PERSON AND BY WHICH1
ELIGIBLE ELECTORS NOT ABLE TO ATTEND IN PERSON CAN PARTICIPATE TO2
THE SAME EXTENT AS THOSE VOTING IN PERSON .3
SECTION 3. In Colorado Revised Statutes, 1-5-702, add (2.7)4
as follows:5
1-5-702. Definitions. As used in this part 7, unless the context6
otherwise requires:7
(2.7) "C
OVERED FACILITY" MEANS:
8
(a) A
N ADULT DAY CARE FACILITY , AS DEFINED IN SECTION
9
25.5-6-303
(1);
10
(b) A
N ALTERNATIVE CARE FACILITY , AS DEFINED IN SECTION
11
25.5-6-303
(3);
12
(c) A
N ASSISTED LIVING RESIDENCE, AS DEFINED IN SECTION
13
25-27-102
(1.3);
14
(d) A
COMMUNITY RESIDENTIAL HOME , AS DEFINED IN SECTION
15
25.5-10-202
(5);
16
(e) A
N INTERMEDIATE NURSING FACILITY FOR PERSONS WITH
17
INTELLECTUAL AND DEVELOPMENTAL DISABILITIES , AS DEFINED IN18
SECTION 25.5-4-103 (9);19
(f) A
NURSING FACILITY, AS DEFINED IN SECTION 25.5-4-103 (14);
20
OR21
(g) A
STATE-RUN PSYCHIATRIC HOSPITAL OR MENTAL HEALTH
22
INSTITUTE OPERATED BY THE DEPARTMENT OF HUMAN SERVICES CREATED23
IN SECTION 26-1-105.24
SECTION 4. In Colorado Revised Statutes, add 1-5-707 as25
follows:26
1-5-707. Voting notice required - covered entities. (1) A27
001
-4- COVERED ENTITY SHALL PUBLICLY DISPLAY AT LEAST ONE NOTICE IN EACH1
BUILDING THAT IT OCCUPIES AND IN WHICH IT SERVES CLIENTS .2
(2) T
HE NOTICE REQUIRED BY SUBSECTION (1) OF THIS SECTION3
MUST:4
(a) I
NCLUDE INFORMATION ON VOTER REGISTRATION , VOTING5
RIGHTS, AND VOTING-RELATED ACCESSIBILITY ACCOMMODATIONS ;6
(b) I
NCLUDE CONTACT INFORMATION FOR THE SECRETARY OF7
STATE ACCESSIBILITY COORDINATOR ;8
(c) I
NCLUDE CONTACT INFORMATION FOR REQUESTING EFFECTIVE
9
COMMUNICATION ACCOMMODATIONS CONSISTENT WITH TITLE II OF THE10
FEDERAL "AMERICANS WITH DISABILITIES ACT OF 1990", 42 U.S.C. SEC.11
12101
ET SEQ.;
12
(d) S
TATE THAT INFORMATION CONCERNING DROP BOXES AND
13
VOTER SERVICE AND POLLING CENTERS CAN BE FOUND ON COUNTY14
ELECTION WEBSITES;15
(e) B
E WRITTEN IN PLAIN LANGUAGE; AND
16
(f) B
E AVAILABLE IN ALTERNATE ACCESSIBLE FORMATS .
17
(3) A
COVERED ENTITY SHALL PUBLICLY DISPLAY THE NOTICE18
REQUIRED BY SUBSECTION (1) OF THIS SECTION DURING THE THIRTY DAYS19
PRECEDING A GENERAL OR COORDINATED
ELECTION.20
21
22
SECTION 5. In Colorado Revised Statutes, add article 47 to title23
1 as follows:24
ARTICLE 4725
Colorado Voting Rights Act26
PART 127
001
-5- VOTING RIGHTS1
1-47-101. Short title. T
HIS ARTICLE 47 IS KNOWN AND MAY BE2
CITED AS THE "COLORADO VOTING RIGHTS ACT".3
1-47-102. Legislative declaration. (1) T
HE GENERAL ASSEMBLY4
FINDS AND DECLARES THAT:5
(a) E
LECTORAL SYSTEMS OR PRACTICES THAT DENY TO RACE ,6
COLOR, OR LANGUAGE MINORITY GROUPS AN EQUAL OPPORTUNITY TO7
ELECT CANDIDATES OF THEIR CHOICE ARE INCONSISTENT WITH THE RIGHT8
TO FREE AND OPEN ELECTIONS AS PROVIDED BY SECTION 5 OF ARTICLE II9
OF THE STATE CONSTITUTION AND PROTECTIONS FOUND IN THE10
FOURTEENTH AND FIFTEENTH AMENDMENTS TO THE UNITED STATES11
CONSTITUTION;12
(b) D
ISCRIMINATION IN VOTING IS A PERSISTENT MATTER OF13
STATEWIDE CONCERN DUE TO THE HISTORY OF DISCRIMINATORY14
PRACTICES THAT CREATE DISPARITIES THAT PERSIST OVER TIME ; AND15
(c) V
OTER TURNOUT IS A MATTER OF STATEWIDE CONCERN AND IS16
MORE LIKELY TO BE LOW IN LOCAL ELECTIONS THAT ARE NOT17
COORDINATED WITH STATEWIDE
ELECTIONS.18
(2) T
HE GENERAL ASSEMBLY FURTHER FINDS AND DECLARES THAT19
THE PREVENTION OF DISCRIMINATION IN VOTING AND VOTER TURNOUT ARE20
MATTERS OF STATEWIDE CONCERN .21
(3) T
HEREFORE, IT IS IN THE BEST INTEREST OF THE STATE TO22
CREATE A STATE VOTING RIGHTS ACT THAT PROTECTS AGAINST23
DISCRIMINATION IN VOTING AND THAT ENCOURAGES LOCAL ELECTIONS TO24
BE HELD IN COORDINATION WITH STATEWIDE ELECTIONS .25
1-47-103. Definitions. A
S USED IN THIS ARTICLE 47, UNLESS THE26
CONTEXT OTHERWISE REQUIRES :27
001
-6- 1
(1) "ATTORNEY GENERAL" MEANS THE ATTORNEY GENERAL , AS2
DEFINED IN THE STATE CONSTITUTION, AND THE OFFICE OF THE ATTORNEY3
GENERAL.4
(2) "BALLOT ISSUE" HAS THE SAME MEANING AS SET FORTH IN5
SECTION 1-1-104 (2.3).6
(3) "BALLOT QUESTION" HAS THE SAME MEANING AS SET FORTH IN7
SECTION 1-1-104 (2.7).8
(4) "COORDINATED ELECTION" HAS THE SAME MEANING AS SET9
FORTH IN SECTION 1-1-104 (6.5).10
(5) "COUNTY" INCLUDES A CITY AND COUNTY.11
(6) "DISABILITY" HAS THE SAME MEANING AS SET FORTH IN THE12
FEDERAL "AMERICANS WITH DISABILITIES ACT OF 1990", 42 U.S.C. SEC.13
12101,
ET SEQ.14
15
(7) "DROP BOX" HAS THE SAME MEANING AS SET FORTH IN SECTION16
1-1-104
(9.7).17
(8)
"DROP-OFF LOCATION" HAS THE SAME MEANING AS SET FORTH18
IN SECTION 1-1-104 (9.8). "DROP-OFF LOCATION" INCLUDES A BALLOT BOX19
AS DESCRIBED IN THE "COLORADO MUNICIPAL ELECTION CODE OF 1965",20
ARTICLE 10 OF TITLE 31.21
(9) "ELECTOR" HAS THE SAME MEANING AS SET FORTH IN SECTION22
1-1-104
(12).23
(10)
"ELIGIBLE ELECTOR" HAS THE SAME MEANING AS SET FORTH24
IN SECTION 1-1-104 (16).25
(11) "GENDER EXPRESSION" HAS THE SAME MEANING AS SET26
FORTH IN SECTION 24-34-301 (9).27
001
-7- (12) "GENDER IDENTITY" HAS THE SAME MEANING AS SET FORTH1
IN SECTION 24-34-301 (10).2
(13) "GENERAL ELECTION" HAS THE SAME MEANING AS SET FORTH3
IN SECTION 1-1-104 (17).4
(14) "LANGUAGE MINORITY GROUP " MEANS INDIVIDUALS WHOSE5
PRIMARY LANGUAGE IS ANY LANGUAGE OTHER THAN ENGLISH.6
(15) "MATERIAL DISPARITY" MEANS A NON-TRIVIAL DIFFERENCE.7
(16) "M
ETHOD OF ELECTION" MEANS THE METHOD BY WHICH
8
CANDIDATES ARE ELECTED TO THE LEGISLATIVE BODY OF THE POLITICAL9
SUBDIVISION. 10
(17) "MUNICIPALITY" HAS THE SAME MEANING AS SET FORTH IN11
SECTION 31-1-101 (6).12
(18) "POLARIZED VOTING" MEANS VOTING IN WHICH THERE IS A13
DIVERGENCE IN THE CANDIDATE OR POLITICAL PREFERENCES , OR14
ELECTORAL CHOICES, OF MEMBERS IN A PROTECTED CLASS FROM THE15
CANDIDATE OR POLITICAL PREFERENCES , OR ELECTORAL CHOICES, OF16
OTHER ELECTORS IN THE POLITICAL SUBDIVISION .17
(19) "POLITICAL SUBDIVISION" MEANS A STATUTORY OR HOME18
RULE COUNTY, CITY AND COUNTY , CITY, TOWN, OR MUNICIPALITY.19
"P
OLITICAL SUBDIVISION" DOES NOT INCLUDE A SCHOOL DISTRICT OR20
SPECIAL DISTRICT.21
(20)
"POLLING LOCATION" HAS THE SAME MEANING AS SET FORTH22
IN SECTION 1-1-104 (27.5).23
(21) "PRECINCT" HAS THE SAME MEANING AS SET FORTH IN24
SECTION 1-1-104 (30).25
(22) "PRIMARY ELECTION" HAS THE SAME MEANING AS SET FORTH26
IN SECTION 1-1-104 (32).27
001
-8- (23) "PROTECTED CLASS" MEANS A CLASS OF ELECTORS WHO ARE1
MEMBERS OF ONE OR MORE RACIAL , COLOR, OR LANGUAGE MINORITY2
GROUPS, INCLUDING:3
(a) A
RACIAL, COLOR, OR LANGUAGE MINORITY GROUP AS4
REFERENCED IN THE FEDERAL "VOTING RIGHTS ACT OF 1965", 52 U.S.C.5
SEC. 10301, ET SEQ.; AND6
(b) A
MINIMUM REPORTING CATEGORY THAT HAS BEEN OFFICIALLY7
RECOGNIZED OR CONSIDERED THROUGH NOTICE AND COMMENT BY THE8
U
NITED STATES CENSUS BUREAU.9
(24)
"SEXUAL ORIENTATION" HAS THE SAME MEANING AS SET10
FORTH IN SECTION 24-34-301 (24).11
(25) "VOTER SERVICE AND POLLING CENTER " HAS THE SAME12
MEANING AS SET FORTH IN SECTION 1-1-104 (50.5).13
1-47-104. Liberal construction. T
HIS ARTICLE 47 MUST BE14
LIBERALLY CONSTRUED TO EFFECTUATE ITS PURPOSE AND TO :15
(1) P
ROTECT THE RIGHT TO CAST A BALLOT AND MAKE THE BALLOT16
VALID;17
(2) E
NSURE ELIGIBLE INDIVIDUALS SEEKING VOTER REGISTRATION18
ARE NOT IMPAIRED IN BEING REGISTERED;19
(3) E
NSURE ELIGIBLE ELECTORS ARE NOT IMPAIRED IN VOTING ,20
INCLUDING BUT NOT LIMITED TO HAVING THEIR VOTES COUNTED ;21
(4) M
AKE THE FUNDAMENTAL RIGHT TO VOTE MORE ACCESSIBLE22
TO ELIGIBLE ELECTORS; AND23
(5) E
NSURE, FOR MEMBERS OF PROTECTED CLASSES , EQUITABLE24
ACCESS TO OPPORTUNITIES TO BE REGISTERED TO VOTE AND TO VOTE .25
1-47-105. Prohibition on voter suppression.
A POLITICAL26
SUBDIVISION SHALL NOT ACT IN A MANNER THAT RESULTS IN , WILL RESULT27
001
-9- IN, OR IS INTENDED TO RESULT IN A MATERIAL DISPARITY BETWEEN1
MEMBERS OF A PROTECTED CLASS AND OTHER ELIGIBLE ELECTORS IN2
REGARD TO VOTER PARTICIPATION, ACCESS TO VOTING OPPORTUNITIES, OR3
THE OPPORTUNITY OR ABILITY TO PARTICIPATE IN THE POLITICAL PROCESS .4
5
1-47-106. Prohibition on voter dilution. (1) A
POLITICAL6
SUBDIVISION SHALL NOT ENACT OR EMPLOY ANY METHOD OF ELECTION7
THAT HAS THE EFFECT OF, OR IS MOTIVATED IN PART BY THE INTENTION OF,8
DISPARATELY IMPAIRING THE OPPORTUNITY OR ABILITY OF MEMBERS OF9
A PROTECTED CLASS TO
ELECT THE CANDIDATES OF THEIR CHOICE OR10
OTHERWISE INFLUENCE THE OUTCOME OF ELECTIONS AS A RESULT OF11
DILUTING THE VOTE OF MEMBERS OF THAT PROTECTED CLASS .12
(2) A
VIOLATION OF THIS SECTION OCCURS WHEN :13
14
(a) (I) ELECTIONS IN THE POLITICAL SUBDIVISION EXHIBIT15
POLARIZED VOTING THAT DISPARATELY IMPAIRS THE EQUAL OPPORTUNITY16
OR ABILITY OF MEMBERS OF A PROTECTED CLASS TO NOMINATE OR ELECT17
THE CANDIDATES OF THEIR CHOICE; OR18
(II) BASED ON THE TOTALITY OF THE CIRCUMSTANCES , THE EQUAL19
OPPORTUNITY OR ABILITY OF MEMBERS OF A PROTECTED CLASS TO20
NOMINATE OR ELECT THE CANDIDATES OF THEIR CHOICE IS DISPARATELY21
IMPAIRED; AND22
(b) ONE OR MORE NEW METHODS OF ELECTION OR CHANGES TO THE23
EXISTING ELECTION METHOD EXIST THAT WOULD LIKELY MITIGATE THE24
DISPARATE IMPAIRMENT DESCRIBED IN SUBSECTION (2)(a)(I) OR (2)(a)(II)25
OF THIS SECTION.26
27
001
-10- 1-47-107. Prohibition on voting prerequisites based on gender1
identity, gender expression, or sexual orientation. A
POLITICAL2
SUBDIVISION SHALL NOT IMPLEMENT , IMPOSE, OR ENFORCE A3
QUALIFICATION FOR ELIGIBILITY TO BE AN ELECTOR OR ANOTHER4
PREREQUISITE TO VOTING BASED ON AN INDIVIDUAL 'S ACTUAL OR5
PERCEIVED GENDER IDENTITY , GENDER EXPRESSION , OR SEXUAL6
ORIENTATION.7
1-47-108. Prohibition on additional voting prerequisites based
8
on confinement in local jail. (1) A
POLITICAL SUBDIVISION SHALL NOT
9
IMPLEMENT, IMPOSE, OR ENFORCE AN ADDITIONAL QUALIFICATION FOR10
ELIGIBILITY TO BE AN ELECTOR OR ANOTHER PREREQUISITE TO VOTING11
BASED ON AN INDIVIDUAL'S CONFINEMENT TO A LOCAL JAIL, AS DEFINED12
IN SECTION 17-1-102 (7).13
(2) N
OTHING IN THIS SECTION AFFECTS THE EXISTING
14
QUALIFICATIONS FOR ELIGIBILITY AS DESCRIBED IN SECTIONS 1-2-103 (4)15
AND 31-10-201 (3).16
PART 217
ENFORCEMENT OF VOTING RIGHTS18
1-47-201. Enforcement of voting rights act - civil action -19
attorney general powers - priority on court calendar. (1) (a) A
N20
AGGRIEVED PERSON MAY BRING A CIVIL ACTION ALLEGING A VIOLATION21
OF SECTION 1-47-105, 1-47-106, 1-47-107, OR 1-47-108
. THE AGGRIEVED22
PERSON MAY FILE SUIT IN THE DISTRICT COURT FOR THE JUDICIAL DISTRICT23
WHERE THE ALLEGED VIOLATION OCCURRED OR IN THE DENVER DISTRICT24
COURT.25
(b) A
N AGGRIEVED PERSON THAT MAY BRING SUIT PURSUANT TO26
SUBSECTION (1)(a) OF THIS SECTION INCLUDES:27
001
-11- (I) AN INDIVIDUAL;1
(II) A
N ORGANIZATION WHOSE MEMBERSHIP INCLUDES OR IS2
LIKELY TO INCLUDE AGGRIEVED INDIVIDUALS ;3
(III) A
N ORGANIZATION WHOSE MISSION WOULD BE FRUSTRATED4
BY A VIOLATION OF SECTION 1-47-105, 1-47-106, 1-47-107, OR 1-47-108
;5
AND6
(IV) A
N ORGANIZATION THAT WOULD BE REQUIRED TO EXPEND7
ADDITIONAL RESOURCES TO FULFILL ITS MISSION AS A RESULT OF A8
VIOLATION OF SECTION 1-47-105, 1-47-106, 1-47-107, OR 1-47-108
.9
(2) (a) T
O ENFORCE THIS ARTICLE 47, THE ATTORNEY GENERAL10
MAY:11
(I) B
RING A CIVIL ACTION PURSUANT TO SUBSECTION (1)(a) OF THIS12
SECTION; OR13
(II) I
NTERVENE IN A CIVIL ACTION BROUGHT BY AN AGGRIEVED14
PERSON PURSUANT TO SUBSECTION (1)(a) OF THIS SECTION.15
(b) T
O ENFORCE THIS ARTICLE 47, THE ATTORNEY GENERAL MAY16
CONDUCT INVESTIGATIONS AND ISSUE CIVIL INVESTIGATION DEMANDS17
RELATED TO POTENTIAL VIOLATIONS OF THIS ARTICLE 47.18
(3) A
CIVIL ACTION BROUGHT PURSUANT TO THIS SECTION19
RECEIVES PREFERENCE OVER OTHER CIVIL CAUSES AND MUST BE HEARD20
AND DETERMINED IN PREFERENCE TO OTHER CIVIL BUSINESS , REGARDLESS21
OF POSITION ON THE CALENDAR.22
(4) T
HE STATE IS A NECESSARY PARTY IN ANY ACTION IN WHICH AN
23
ALLEGED VIOLATION IS BASED ON A POLITICAL SUBDIVISION 'S24
IMPLEMENTATION OF THE "UNIFORM ELECTION CODE OF 1992", IF THE25
APPLICABLE STATE LAW DOES NOT AFFORD DISCRETION TO THE POLITICAL26
SUBDIVISION IN ITS IMPLEMENTATION OF SUCH LAW .27
001
-12- 1-47-202. Notification letter - when required. (1) (a) E XCEPT1
AS PROVIDED IN SUBSECTION (2) OF THIS SECTION, BEFORE BRINGING A2
CIVIL ACTION AGAINST A POLITICAL SUBDIVISION PURSUANT TO SECTION3
1-47-201,
AN AGGRIEVED PERSON OR THE ATTORNEY GENERAL SHALL4
SEND BY CERTIFIED MAIL A NOTIFICATION LETTER TO THE POLITICAL5
SUBDIVISION INFORMING THE POLITICAL SUBDIVISION THAT IT MAY BE IN6
VIOLATION OF THIS ARTICLE 47 AND INCLUDING DETAILS OF THE ALLEGED7
VIOLATION. THE NOTIFICATION LETTER MUST SPECIFY THE VIOLATION OR
8
VIOLATIONS ALLEGED AND MUST CONTAIN A STATEMENT OF FACTS TO9
SUPPORT SUCH ALLEGATION.10
(b) A
N AGGRIEVED PERSON OR THE ATTORNEY GENERAL MUST11
WAIT SIXTY CALENDAR DAYS AFTER SENDING THE NOTIFICATION LETTER12
REQUIRED BY SUBSECTION (1)(a) OF THIS SECTION TO BRING A CIVIL13
ACTION AGAINST A POLITICAL SUBDIVISION PURSUANT TO SECTION14
1-47-201;
EXCEPT THAT, IF A POLITICAL SUBDIVISION ADOPTS A15
RESOLUTION PURSUANT TO SECTION 1-47-203, AN AGGRIEVED PERSON OR16
THE ATTORNEY GENERAL MUST WAIT NINETY CALENDAR DAYS AFTER THE17
PASSAGE OF THE RESOLUTION TO BRING A CIVIL ACTION AGAINST THE18
POLITICAL SUBDIVISION, OR IF THE SOLUTION IDENTIFIED IN THE
19
RESOLUTION PURSUANT TO SECTION 1-47-203 (2) REQUIRES AN ELECTION20
IN THE POLITICAL SUBDIVISION , THE AGGRIEVED PERSON OR THE21
ATTORNEY GENERAL MUST WAIT ONE HUNDRED EIGHTY CALENDAR DAYS22
AFTER THE PASSAGE OF THE RESOLUTION TO BRING A CIVIL ACTION23
AGAINST THE POLITICAL SUBDIVISION.24
(2) A
N AGGRIEVED PERSON OR THE ATTORNEY GENERAL MAY25
BRING A CIVIL ACTION AGAINST A POLITICAL SUBDIVISION PURSUANT TO26
SECTION 1-47-201 WITHOUT FIRST SENDING THE NOTIFICATION LETTER27
001
-13- REQUIRED BY SUBSECTION (1)(a) OF THIS SECTION IF:1
2
(a) THE AGGRIEVED PERSON OR THE ATTORNEY GENERAL IS3
SEEKING PRELIMINARY RELIEF PURSUANT TO SECTION 1-47-206 (1); OR4
(b) A DIFFERENT AGGRIEVED PERSON OR THE ATTORNEY GENERAL5
PREVIOUSLY SENT A NOTIFICATION LETTER REQUIRED BY SUBSECTION6
(1)(a)
OF THIS SECTION TO THE POLITICAL SUBDIVISION THAT IDENTIFIED7
A SUBSTANTIALLY SIMILAR ALLEGED VIOLATION OF THIS ARTICLE 47,
8
SIXTY CALENDAR DAYS HAVE PASSED SINCE THAT NOTIFICATION LETTER9
WAS SENT, AND THE POLITICAL SUBDIVISION HAS NOT ADOPTED A10
RESOLUTION PROVIDING FOR A SOLUTION TO THE ALLEGED VIOLATION .11
1-47-203. Political subdivision resolution - remedy for12
violation of Colorado Voting Rights Act - agreement with aggrieved13
person - definition. (1) A
S USED IN THIS SECTION, UNLESS THE CONTEXT14
OTHERWISE REQUIRES, "RESOLUTION" MEANS A RESOLUTION OF A15
POLITICAL SUBDIVISION THAT MEETS THE REQUIREMENTS DESCRIBED IN16
SUBSECTION (2)(b) OF THIS SECTION.17
(2) (a) A
FTER RECEIVING A NOTIFICATION LETTER SENT PURSUANT18
TO SECTION 1-47-202, THE GOVERNING BODY OF A POLITICAL SUBDIVISION19
MAY ADOPT A RESOLUTION PROVIDING FOR A SOLUTION TO THE ALLEGED20
VIOLATION OF THIS ARTICLE 47 AS IDENTIFIED IN THE NOTIFICATION21
LETTER.22
(b) A
RESOLUTION MUST:23
(I) S
PECIFICALLY IDENTIFY THE ALLEGED VIOLATION OF THIS24
ARTICLE 47;25
(II) I
DENTIFY A SPECIFIC PROPOSED SOLUTION TO THE VIOLATION26
ALLEGED IN THE NOTIFICATION LETTER;27
001
-14- (III) AFFIRM THE INTENTION OF THE POLITICAL SUBDIVISION TO1
ENACT AND IMPLEMENT A SOLUTION TO THE IDENTIFIED ALLEGED2
VIOLATION;3
(IV) O
UTLINE SPECIFIC MEASURES THAT THE POLITICAL4
SUBDIVISION WILL TAKE TO ENACT AND IMPLEMENT THE IDENTIFIED5
SOLUTION; AND6
(V) E
STABLISH A SCHEDULE FOR ENACTMENT AND7
IMPLEMENTATION OF THE IDENTIFIED SOLUTION .8
(c) T
HE ADOPTION OF A RESOLUTION DOES NOT CONSTITUTE AN9
ADMISSION BY THE POLITICAL SUBDIVISION OF ANY LIABILITY UNDER THIS
10
ARTICLE 47.11
(3) (a) I
F A POLITICAL SUBDIVISION ADOPTS A RESOLUTION , THE12
POLITICAL SUBDIVISION SHALL IMPLEMENT THE IDENTIFIED SOLUTION13
WITHIN NINETY CALENDAR DAYS AFTER THE PASSAGE OF THE RESOLUTION ;
14
EXCEPT THAT, IF THE IDENTIFIED SOLUTION REQUIRES AN ELECTION IN THE15
POLITICAL SUBDIVISION, THE POLITICAL SUBDIVISION SHALL IMPLEMENT16
THE IDENTIFIED SOLUTION WITHIN ONE HUNDRED EIGHTY CALENDAR DAYS17
AFTER THE PASSAGE OF THE RESOLUTION .18
(b) (I) W
ITHIN THIRTY DAYS AFTER THE IMPLEMENTATION OF THE19
IDENTIFIED SOLUTION, AN AGGRIEVED PERSON WHO SENT THE20
NOTIFICATION LETTER THAT PROMPTED THE SOLUTION MAY DEMAND21
REIMBURSEMENT FOR THE COST OF THE WORK PRODUCT GENERATED TO22
SUPPORT THE NOTIFICATION LETTER.23
(II) A
N AGGRIEVED PERSON SHALL MAKE THE DEMAND FOR24
REIMBURSEMENT IN WRITING AND SHALL SUBSTANTIATE THE DEMAND25
WITH FINANCIAL DOCUMENTATION , SUCH AS A DETAILED INVOICE FOR26
DEMOGRAPHY SERVICES OR FOR THE ANALYSIS OF VOTING PATTERNS IN27
001
-15- THE POLITICAL SUBDIVISION. A POLITICAL SUBDIVISION MAY REQUEST1
ADDITIONAL DOCUMENTATION IF THE PROVIDED DOCUMENTATION IS2
INSUFFICIENT TO CORROBORATE THE CLAIMED COSTS .3
(III) A
POLITICAL SUBDIVISION SHALL REIMBURSE AN AGGRIEVED4
PERSON AS DESCRIBED IN THIS SUBSECTION (3)(b) FOR REASONABLE COSTS5
CLAIMED OR IN AN AMOUNT TO WHICH THE POLITICAL SUBDIVISION AND6
THE AGGRIEVED PERSON MUTUALLY AGREE . A POLITICAL SUBDIVISION OR7
AN AGGRIEVED PERSON MAY FILE A DECLARATORY JUDGMENT ACTION TO8
OBTAIN A CLARIFICATION OF THEIR RIGHTS UNDER THIS SUBSECTION9
(3)(b).10
(c) I
F A PROVISION OF LAW WOULD PRECLUDE IMPLEMENTATION OR
11
ENACTMENT OF THE SOLUTION IDENTIFIED IN THE RESOLUTION TO RESOLVE12
THE ALLEGED VIOLATION, THE POLITICAL SUBDIVISION THAT ADOPTED THE13
RESOLUTION MAY FILE A PETITION IN DISTRICT COURT SEEKING SPECIFIC14
AUTHORITY TO IMPLEMENT THE IDENTIFIED SOLUTION . A DISTRICT COURT15
MAY GRANT APPROVAL OR AUTHORITY TO IMPLEMENT THE IDENTIFIED16
SOLUTION UPON A POLITICAL SUBDIVISION 'S PETITION THAT IDENTIFIES17
WITH SPECIFICITY THE STATUTE OR OTHER AUTHORITY THAT PREVENTS18
THE POLITICAL SUBDIVISION FROM ENACTING OR IMPLEMENTING THE19
IDENTIFIED SOLUTION.20
(4) I
F AN AGGRIEVED PERSON OR THE ATTORNEY GENERAL21
DETERMINES THAT THE SOLUTION IDENTIFIED IN THE RESOLUTION DOES22
NOT REMEDY THE ALLEGED VIOLATION IDENTIFIED IN THE NOTIFICATION23
LETTER SENT PURSUANT TO SECTION 1-47-202, AN AGGRIEVED PERSON OR24
THE ATTORNEY GENERAL MAY BRING A CIVIL ACTION AGAINST THE25
POLITICAL SUBDIVISION PURSUANT TO SECTION 1-47-201.26
1-47-204. Prima facie case - voter suppression. (1) (a) A
N27
001
-16- AGGRIEVED PERSON OR THE ATTORNEY GENERAL BRINGING A CIVIL ACTION1
AGAINST A POLITICAL SUBDIVISION PURSUANT TO SECTION 1-47-201 THAT2
ALLEGES A VIOLATION OF SECTION 1-47-105 ESTABLISHES A PRIMA FACIE3
CASE OF VOTER SUPPRESSION IF THE PERSON SHOWS , BY A4
PREPONDERANCE OF THE EVIDENCE , THAT THE CHALLENGED ACTION5
RESULTS IN, WILL RESULT IN, OR IS INTENDED TO RESULT IN A MATERIAL6
DISPARITY BETWEEN MEMBERS OF A PROTECTED CLASS AND OTHER7
ELIGIBLE ELECTORS IN REGARD TO VOTER PARTICIPATION , ACCESS TO8
VOTING OPPORTUNITIES, OR THE OPPORTUNITY OR ABILITY TO PARTICIPATE9
IN THE POLITICAL PROCESS.10
(b) I
F THE AGGRIEVED PERSON OR THE ATTORNEY GENERAL11
ESTABLISHES A PRIMA FACIE CASE OF VOTER SUPPRESSION AS DESCRIBED12
IN SUBSECTION (1)(a) OF THIS SECTION, THE BURDEN SHIFTS TO THE13
POLITICAL SUBDIVISION TO DEMONSTRATE BY CLEAR AND CONVINCING14
EVIDENCE THAT THE CHALLENGED ACTION IS NECESSARY TO FURTHER AN15
IMPORTANT, PARTICULARIZED GOVERNMENTAL INTEREST .16
(c) I
F THE POLITICAL SUBDIVISION MEETS ITS BURDEN AS17
DESCRIBED IN SUBSECTION (1)(b) OF THIS SECTION, THE CHALLENGED18
ACTION MAY NONETHELESS BE HELD INVALID IF THE AGGRIEVED PERSON19
OR THE ATTORNEY GENERAL DEMONSTRATES BY A PREPONDERANCE OF20
THE EVIDENCE THAT THE POLITICAL SUBDIVISION COULD COMPARABLY21
FURTHER THE IDENTIFIED IMPORTANT, PARTICULARIZED GOVERNMENTAL22
INTEREST THROUGH AN ALTERNATIVE POLICY THAT RESULTS IN A SMALLER23
DISPARITY BETWEEN MEMBERS OF A PROTECTED CLASS AND OTHER24
ELIGIBLE ELECTORS.25
1-47-205. Factors in determining voter dilution. (1) (a) I
N26
DETERMINING WHETHER A CHALLENGED METHOD OF ELECTION EXHIBITS27
001
-17- POLARIZED VOTING FOR PURPOSES OF SECTION 1-47-106 (2)(a)(I), A1
COURT:2
(I) S
HALL DETERMINE THE PRESENCE OF POLARIZED VOTING BASED3
ONLY ON THE COMBINED ELECTORAL PREFERENCES OF THE GROUPS4
COMPRISING THE PROTECTED CLASS , AS DEFINED IN THE COMPLAINT .5
T
HERE IS NO REQUIREMENT TO SHOW THAT EACH GROUP OR ANY6
SUBGROUP WITHIN A PROTECTED CLASS IS SEPARATELY POLARIZED FROM7
OTHER ELIGIBLE ELECTORS.8
(II) S
HALL NOT CONSIDER THE CAUSES OF OR REASONS FOR9
POLARIZED VOTING , INCLUDING PARTISAN EXPLANATIONS OR10
DISCRIMINATORY INTENT;11
(III) M
AY FIND A VIOLATION OF SECTION 1-47-106 BASED ON ANY12
NUMBER OR COMBINATION OF ELECTIONS , INCLUDING ONE ELECTION; AND13
(IV) M
AY CONSIDER ANALYSES OF RELEVANT ELECTION RESULTS ,14
INCLUDING BUT NOT LIMITED TO:15
(A) E
LECTIONS FOR OFFICES OF THE POLITICAL SUBDIVISION;16
(B) E
LECTIONS HELD IN THE POLITICAL SUBDIVISION FOR OTHER17
OFFICES, SUCH AS STATE OR FEDERAL OFFICES;18
(C) B
ALLOT ISSUES OR QUESTIONS; OR19
(D) O
THER ELECTORAL CHOICES THAT BEAR ON THE RIGHTS AND20
PRIVILEGES OF THE PROTECTED CLASS.21
(b) T
HE FOLLOWING DO NOT PRECLUDE A FINDING THAT A22
VIOLATION OF SECTION 1-47-106 EXISTS:23
(I) E
VIDENCE OF NONPOLARIZED VOTING IN ELECTIONS FOR24
OFFICES OUTSIDE THE POLITICAL SUBDIVISION;25
(II) N
ONSTATISTICAL OR NONQUANTITATIVE EVIDENCE OF26
NONPOLARIZED VOTING, WHERE ALLEGATIONS OF POLARIZED VOTING ARE27
001
-18- BASED ON QUANTITATIVE OR STATISTICAL EVIDENCE ; OR1
(III) L
OW TURNOUT OR REGISTRATION RATES AMONG MEMBERS OF2
A PROTECTED CLASS.3
(2) (a) I
N DETERMINING WHETHER , BASED ON THE TOTALITY OF4
THE CIRCUMSTANCES, THE EQUAL OPPORTUNITY OR ABILITY OF MEMBERS5
OF A PROTECTED CLASS TO NOMINATE OR ELECT THE CANDIDATES OF6
THEIR CHOICE IS DISPARATELY IMPAIRED FOR PURPOSES OF SECTION7
1-47-106 (2)(a)(II),
A COURT MAY CONSIDER THE FOLLOWING FACTORS :8
(I) T
HE HISTORY OF DISCRIMINATION AFFECTING MEMBERS OF THE9
PROTECTED CLASS;10
(II) T
HE EXTENT TO WHICH MEMBERS OF THE PROTECTED CLASS11
ARE DISADVANTAGED OR OTHERWISE BEAR THE EFFECTS OF PUBLIC OR12
PRIVATE DISCRIMINATION IN AREAS THAT MAY HINDER THEIR ABILITY TO13
PARTICIPATE EFFECTIVELY IN THE POLITICAL PROCESS , INCLUDING14
EDUCATION, EMPLOYMENT, HEALTH, CRIMINAL JUSTICE, HOUSING,15
TRANSPORTATION, LAND USE, OR ENVIRONMENTAL PROTECTION ;16
(III) T
HE EXTENT TO WHICH MEMBERS OF THE PROTECTED CLASS17
VOTE AT LOWER RATES THAN OTHER ELIGIBLE ELECTORS ;18
(IV) T
HE EXTENT TO WHICH MEMBERS OF THE PROTECTED CLASS19
CONTRIBUTE MONEY TO POLITICAL CAMPAIGNS OR POLITICAL CAUSES AT20
LOWER RATES THAN OTHER INDIVIDUALS ;21
(V) T
HE EXTENT TO WHICH MEMBERS OF THE PROTECTED CLASS22
HAVE BEEN ELECTED TO OFFICE IN THE POLITICAL SUBDIVISION ;23
(VI) T
HE EXTENT TO WHICH CANDIDATES WHO ARE MEMBERS OF24
THE PROTECTED CLASS HAVE FACED BARRIERS WITH RESPECT TO25
ACCESSING THE BALLOT, RECEIVING FINANCIAL SUPPORT, OR RECEIVING26
OTHER SUPPORT FOR AN ELECTION;27
001
-19- (VII) THE EXTENT TO WHICH CANDIDATES FACE HOSTILITY OR1
BARRIERS WHILE CAMPAIGNING ON ACCOUNT OF THEIR MEMBERSHIP IN2
THE PROTECTED CLASS; AND3
(VIII) T
HE USE OF OVERT OR SUBTLE RACIAL APPEALS IN4
POLITICAL CAMPAIGNS IN THE POLITICAL SUBDIVISION OR SURROUNDING5
ADOPTION OR MAINTENANCE OF THE CHALLENGED METHOD OF ELECTION .6
(b) N
ONE OF THE FACTORS DESCRIBED IN SUBSECTION (2)(a) OF7
THIS SECTION ARE DISPOSITIVE OR NECESSARY TO ESTABLISH THE8
EXISTENCE OF A VIOLATION OF SECTION 1-47-106 AND NO SPECIFIED9
NUMBER OR COMBINATION OF FACTORS IS REQUIRED TO ESTABLISH A10
VIOLATION OF SECTION 1-47-106.11
(3) W
HETHER MEMBERS OF A PROTECTED CLASS TYPICALLY ELECT
12
CANDIDATES OF THEIR CHOICE TO THE RELEVANT GOVERNING BODY IN13
APPROXIMATE PROPORTION TO THEIR TOTAL NUMBER OR SHARE OF THE14
POPULATION MAY BE RELEVANT TO FINDING A VIOLATION OF SECTION15
1-47-106
AND DETERMINING AN APPROPRIATE REMEDY .
16
(4) THE FACT THAT MEMBERS OF A PROTECTED CLASS ARE NOT17
GEOGRAPHICALLY COMPACT OR CONCENTRATED DOES NOT PRECLUDE18
FINDING A VIOLATION OF SECTION 1-47-106, BUT MAY BE CONSIDERED IN19
DETERMINING AN APPROPRIATE REMEDY FOR A VIOLATION .20
1-47-206. Remedy for violation of Colorado Voting Rights Act21
- preliminary relief - award of costs and fees. (1) (a) A
N AGGRIEVED22
PERSON THAT BRINGS A CIVIL ACTION AGAINST A POLITICAL SUBDIVISION23
PURSUANT TO SECTION 1-47-201, OR THE ATTORNEY GENERAL, MAY SEEK24
PRELIMINARY RELIEF CONCERNING AN UPCOMING ELECTION HELD IN THE25
POLITICAL SUBDIVISION IF THE CIVIL ACTION IS BROUGHT WITHIN THE26
ONE-HUNDRED-TWENTY-DAY
PERIOD PRIOR TO THE ELECTION.27
001
-20- (b) A COURT OF COMPETENT JURISDICTION HEARING A CIVIL1
ACTION FILED PURSUANT TO SECTION 1-47-201 THAT SEEKS PRELIMINARY2
RELIEF PURSUANT TO SUBSECTION (1)(a) OF THIS SECTION SHALL GRANT3
PRELIMINARY RELIEF IF THE COURT DETERMINES THAT :4
(I) T
HE AGGRIEVED PERSON OR THE ATTORNEY GENERAL IS
5
REASONABLY LIKELY TO SUCCEED ON THE MERITS ;6
(II) T
HERE IS A DANGER OF IMMEDIATE AND IRREPARABLE INJURY ,
7
LOSS, OR DAMAGE THAT MAY BE PREVENTED BY GRANTING PRELIMINARY8
RELIEF; AND9
(III) A
N APPROPRIATE REMEDY TO THE ALLEGED VIOLATION CAN
10
BE IMPLEMENTED PRIOR TO THE ELECTION IN A MANNER THAT WILL NOT11
UNDULY DISRUPT THE ELECTION.12
(2) (a) I
F A COURT OF COMPETENT JURISDICTION HEARING A CIVIL13
ACTION FILED PURSUANT TO SECTION 1-47-201 FINDS A VIOLATION OF THIS14
ARTICLE 47, THE COURT SHALL ORDER APPROPRIATE REMEDIES THAT ARE15
TAILORED TO ADDRESS THE VIOLATION .16
(b) T
HE COURT SHALL CONSIDER REMEDIES PROPOSED BY A PARTY17
AND MAY CONSIDER REMEDIES PROPOSED BY INTERESTED NONPARTIES .18
T
HE COURT SHALL NOT PROVIDE DEFERENCE OR PRIORITY TO A REMEDY19
PROPOSED BY A DEFENDANT OR POLITICAL SUBDIVISION .20
(c) I
N DETERMINING AN APPROPRIATE REMEDY , THE COURT SHALL
21
CONSIDER HOW DISRUPTIVE THE REMEDY WILL BE TO STATE LAW , THE22
UNIFORM CONDUCT OF GENERAL , PRIMARY, OR COORDINATED ELECTIONS23
OR AN IMMINENT MUNICIPAL ELECTION , AND THE OPERATIONS OF THE24
POLITICAL SUBDIVISION.25
(d) IF A PROVISION OF LAW WOULD PRECLUDE AN OTHERWISE26
APPROPRIATE REMEDY, THE COURT MAY NONETHELESS ORDER A POLITICAL27
001
-21- SUBDIVISION TO IMPLEMENT THE REMEDY THAT IS INCONSISTENT WITH THE1
PROVISION OF LAW.2
(e) A
REMEDY ORDERED BY A COURT MUST NOT IMPEDE A
3
POLITICAL SUBDIVISION'S OR THE STATE'S ABILITY TO VERIFY VOTER4
IDENTITY ON MAIL BALLOT ENVELOPES ACCORDING TO APPLICABLE5
PROCEDURES SET FORTH IN THE "UNIFORM ELECTION CODE OF 1992", THE6
"C
OLORADO MUNICIPAL ELECTION CODE OF 1965", AND RULES ADOPTED
7
BY THE SECRETARY OF STATE.8
(3) I
F A COURT OF COMPETENT JURISDICTION HEARING A CIVIL9
ACTION FILED PURSUANT TO SECTION 1-47-201 FINDS A VIOLATION OF THIS10
ARTICLE 47, THE COURT MAY AWARD REASONABLE ATTORNEY FEES AND11
COSTS TO THE PREVAILING PARTY ; EXCEPT THAT, IF A POLITICAL12
SUBDIVISION IS THE PREVAILING PARTY, THE COURT MAY NOT AWARD FEES13
OR COSTS UNLESS THE COURT FINDS THE CIVIL ACTION TO BE FRIVOLOUS . 14
1-47-207. Attorney general enforcement. E
NFORCEMENT BY THE15
ATTORNEY GENERAL OF THIS ARTICLE 47 OR RELATED LEGAL ACTIONS ARE16
BROUGHT SOLELY AT THE ATTORNEY GENERAL 'S DISCRETION ON BEHALF17
OF THE STATE. ACTIONS BROUGHT BY THE ATTORNEY GENERAL PURSUANT18
TO THIS ARTICLE 47 ARE BROUGHT UNDER THE ATTORNEY GENERAL 'S OWN19
AUTHORITY AND NOT ON BEHALF OF THE SECRETARY OF STATE .20
PART 321
STATEWIDE ELECTION INFORMATION22
23
1-47-301. Election data collection and maintenance.24
(1) (a) T
HE SECRETARY OF STATE SHALL COLLECT AND MAINTAIN
THE25
FOLLOWING DATA IN AN ELECTRONIC FORMAT :26
(I) A
NNUAL ESTIMATES OF TOTAL POPULATION , VOTING AGE27
001
-22- POPULATION, AND CITIZEN VOTING AGE POPULATION BY RACE, ETHNICITY,1
LANGUAGE MINORITY GROUP , AND DISABILITY STATUS FOR EACH2
POLITICAL SUBDIVISION, WHICH ARE SPECIFIED AT THE PRECINCT LEVEL ,3
IF AVAILABLE, OR THE DISTRICT OR COUNTY LEVEL AND WHICH ARE BASED4
ON INFORMATION FROM THE UNITED STATES CENSUS BUREAU, INCLUDING5
FROM THE AMERICAN COMMUNITY SURVEY , OR INFORMATION OF6
COMPARABLE QUALITY COLLECTED BY A PUBLIC ENTITY . THE7
DEPARTMENT OF LOCAL AFFAIRS , CREATED IN SECTION 24-1-125, SHALL8
ANNUALLY PROVIDE THE REQUIRED ESTIMATES TO THE SECRETARY OF9
STATE. THE SECRETARY OF STATE'S OFFICE SHALL, TO THE EXTENT THAT10
SUCH DATA EXISTS, ANNUALLY PROVIDE THE DEPARTMENT OF LOCAL11
AFFAIRS WITH VOTING PRECINCT BOUNDARIES IN THE FORM THAT SUCH12
DATA EXISTS.13
(II) E
LECTION RESULTS AT THE PRECINCT LEVEL , IF ANY,
FOR14
STATE AND POLITICAL SUBDIVISION ELECTIONS ; AND15
16
(III) GEOCODED LOCATIONS OF VOTER SERVICE AND POLLING17
CENTERS, POLLING LOCATIONS, BALLOT DROP BOXES , AND BALLOT18
DROP-OFF LOCATIONS FOR EACH ELECTION IN EACH POLITICAL19
SUBDIVISION, IF AVAILABLE, IN ADDITION TO THE NUMBER OF DAYS AND20
HOURS THAT EACH VOTER SERVICE AND POLLING CENTER , POLLING21
LOCATION, OR BALLOT DROP-OFF LOCATION IS OPEN.22
23
(b) T
HE SECRETARY OF STATE
SHALL RETAIN THE DATA DESCRIBED24
IN SUBSECTION (1)(a) OF THIS SECTION FOR THE LENGTH OF TIME THAT IT25
IS AVAILABLE OR THE PRECEDING TWELVE YEARS AND SHALL MAINTAIN26
THE DATA ON AS CURRENT A BASIS AS IS POSSIBLE.27
001
-23- (c) THE SECRETARY OF STATE SHALL MAKE THE DATA 1
DESCRIBED IN SUBSECTION (1)(a) OF THIS SECTION AVAILABLE ON THE2
SECRETARY OF STATE'S WEBSITE IN AN ACCESSIBLE AND APPROPRIATE3
ELECTRONIC FORMAT; EXCEPT THAT PERSONALLY IDENTIFIABLE VOTER4
INFORMATION THAT IS NOT PUBLICLY AVAILABLE IS NOT PUBLISHED AND5
ACCESSIBLE.6
1-47-302. Submission of election data by political subdivisions.7
(1) A
FTER THE CERTIFICATION OF AN ELECTION OF ANY POLITICAL8
SUBDIVISION, THE ENTITY RESPONSIBLE FOR ADMINISTERING THE ELECTION9
SHALL SUBMIT TO THE SECRETARY OF STATE
THE FOLLOWING10
INFORMATION IN AN ACCESSIBLE AND APPROPRIATE FORMAT AS11
DETERMINED BY THE SECRETARY OF STATE :12
(a) E
LECTION RESULTS, SPECIFIED AT THE PRECINCT LEVEL IF13
AVAILABLE; AND
14
15
(b) ELECTION DISTRICT AND PRECINCT BOUNDARIES , IF AVAILABLE.16
(2) T
HE ENTITY RESPONSIBLE FOR ADMINISTERING THE ELECTION
17
IS NOT REQUIRED TO SUBMIT INFORMATION DESCRIBED IN SUBSECTION (1)18
OF THIS SECTION IF THE SECRETARY OF STATE IS ALREADY IN POSSESSION19
OF THE INFORMATION.20
(3) T
HE SECRETARY OF STATE SHALL MAKE THE INFORMATION
21
DESCRIBED IN SUBSECTION (1) OF THIS SECTION AVAILABLE ON THE22
SECRETARY OF STATE'S WEBSITE IN AN ACCESSIBLE AND APPROPRIATE23
ELECTRONIC FORMAT.24
(4) THE SECRETARY OF STATE SHALL PROVIDE ADEQUATE25
TECHNOLOGICAL SECURITY MEASURES TO PREVENT UNAUTHORIZED26
ACCESS TO VOTER-RELATED RECORDS AND SHALL ESTABLISH ADEQUATE27
001
-24- AND REASONABLE TECHNOLOGICAL SECURITY REQUIREMENTS FOR THE1
EXCHANGE OR TRANSFER OF DATA . 2
3
SECTION 6. In Colorado Revised Statutes, 24-31-101, amend4
(1)(i)(XXII) and (1)(i)(XXIII); and add (1)(i)(XXIV) as follows:5
24-31-101. Powers and duties of attorney general. (1) The6
attorney general:7
(i) May independently initiate and bring civil and criminal actions8
to enforce state laws, including actions brought pursuant to:9
(XXII) Part 14 of article 12 of title 38; and10
(XXIII) Section 24-34-806;
AND 11
(XXIV) T
HE "COLORADO VOTING RIGHTS ACT", ARTICLE 47 OF12
TITLE 1.13
SECTION 7. In Colorado Revised Statutes, add part 16 to article
14
10 of title 31 as follows:15
PART 1616
MULTILINGUAL BALLOT ACCESS17
31-10-1601. Legislative declaration - intent. (1) T
HE GENERAL
18
ASSEMBLY FINDS AND DECLARES THAT :19
(a) C
ONGRESS ENACTED THE LANGUAGE MINORITY PROVISIONS OF
20
THE FEDERAL "VOTING RIGHTS ACT OF 1965" BECAUSE "THROUGH THE21
USE OF VARIOUS PRACTICES AND PROCEDURES , CITIZENS OF LANGUAGE22
MINORITIES HAVE BEEN EFFECTIVELY EXCLUDED FROM PARTICIPATION IN23
THE ELECTORAL PROCESS...";24
(b) B
ASED ON THE 2023 FIVE-YEAR ESTIMATES SPECIFIED IN THE
25
U
NITED STATES BUREAU OF THE CENSUS AMERICAN COMMUNITY SURVEY ,
26
THERE ARE ONE HUNDRED TWENTY -THREE THOUSAND SIX HUNDRED27
001
-25- FIFTY-SEVEN ELIGIBLE ELECTORS IN COLORADO WHO SPEAK ENGLISH1
"
LESS THAN VERY WELL ". AS OF THE 2024 GENERAL ELECTION, AN
2
ESTIMATED ONE HUNDRED FIVE THOUSAND FOUR HUNDRED EIGHTY -FOUR3
OF THOSE ELIGIBLE ELECTORS LIVE WITHIN A COUNTY THAT IS COVERED BY4
THE MULTILINGUAL BALLOT REQUIREMENTS OF HOUSE BILL 21-1011,5
ENACTED IN 2021. OUT OF AN ESTIMATED ONE HUNDRED THIRTY -ONE6
MUNICIPALITIES THAT EXIST WHOLLY OR PARTIALLY IN A COVERED7
COUNTY, AN ESTIMATED FIFTY-EIGHT MUNICIPALITIES COORDINATE THEIR8
ELECTIONS WITH THE COUNTY AND ELECTORS RECEIVE MULTILINGUAL9
BALLOT ACCESS . THE ESTIMATED REMAINING SEVENTY -THREE10
MUNICIPALITIES HOLD ELECTIONS INDEPENDENTLY AND THE ABILITY FOR11
ELECTORS TO ACCESS MINORITY LANGUAGE BALLOTS IS CONTINGENT ON12
THE MUNICIPALITY INDEPENDENTLY OFFERING THESE RESOURCES .13
(c) B
Y PASSING HOUSE BILL 21-1011, THE GENERAL ASSEMBLY
14
EXPANDED MINORITY LANGUAGE BALLOT ACCESS BEYOND FEDERAL15
REQUIREMENTS TO COVER ADDITIONAL COUNTIES AND DECLARED THAT16
ENSURING COLORADO CITIZENS HAVE ACCESS TO MULTILINGUAL BALLOTS17
IS A MATTER OF STATEWIDE CONCERN ;18
(d) F
OR ELECTORS IN COUNTIES COVERED BY THE REQUIREMENTS
19
OF HOUSE BILL 21-1011, HOWEVER, THE ABILITY TO VOTE WITH A20
MINORITY LANGUAGE BALLOT IN A MUNICIPAL ELECTION IS CONTINGENT21
ON WHETHER THE MUNICIPALITY ALIGNS ITS ELECTION WITH A COUNTY ,22
UNLESS THE MUNICIPALITY INDEPENDENTLY OFFERS ACCESS TO A23
MULTILINGUAL BALLOT, AND ELECTORS SHOULD NOT BE DENIED ACCESS24
TO A MULTILINGUAL BALLOT THAT THEY WOULD OTHERWISE HAVE ACCESS25
TO; AND26
(e) C
OLORADO AGAIN HAS AN OPPORTUNITY TO MAKE THE BALLOT
27
001
-26- ACCESSIBLE TO MORE ELIGIBLE ELECTORS AND PROVIDE THEM WITH1
MEANINGFUL ACCESS BY EXPANDING MINORITY LANGUAGE BALLOT2
ACCESS BEYOND FEDERAL REQUIREMENTS AND THOSE ENACTED IN HOUSE3
B
ILL 21-1011.
4
(2) T
HE GENERAL ASSEMBLY FURTHER FINDS AND DECLARES THAT
5
THE INTENT OF THIS PART 16 IS TO:6
(a) E
NSURE MINORITY LANGUAGE BALLOT ACCESS FOR ELECTORS
7
IN MUNICIPALITIES THAT ARE WHOLLY OR PARTIALLY IN COUNTIES8
COVERED BY THE REQUIREMENTS OF HOUSE BILL 21-1011; AND9
(b) E
XPAND MINORITY L ANGUAGE BALLOT ACCESS WITHOUT
10
CHANGING OR REDUCING THE EXISTING RESPONSIBILITIES PURSUANT TO11
SECTION 203 OF THE "VOTING RIGHTS ACT OF 1965" AND PART 9 OF12
ARTICLE 5 OF TITLE 1.13
31-10-1602. Definitions. A
S USED IN THIS PART 16, UNLESS THE
14
CONTEXT OTHERWISE REQUIRES :15
(1) "M
INORITY LANGUAGE BALLOT " MEANS A BALLOT THAT IS
16
FULLY TRANSLATED INTO A LANGUAGE OTHER THAN ENGLISH. THE17
CONTENT OF A "MINORITY LANGUAGE BALLOT " MAY BE IN ONLY A18
LANGUAGE OTHER THAN ENGLISH OR BOTH ENGLISH AND A LANGUAGE19
OTHER THAN ENGLISH.20
(2) "M
INORITY LANGUAGE SAMPLE BALLOT " MEANS A DOCUMENT
21
THAT IS AVAILABLE TO QUALIFIED ELECTORS TO HELP THEM PREPARE FOR22
AN ELECTION THAT CONTAINS ALL CANDIDATES , QUESTIONS, AND23
INSTRUCTIONS FOR VOTING, AND IS FULLY TRANSLATED INTO A LANGUAGE24
OTHER THAN ENGLISH.25
(3) "Q
UALIFIED TRANSLATOR" MEANS A TRANSLATOR WHO IS
26
DETERMINED BY THE SECRETARY OF STATE TO :27
001
-27- (a) BE SCREENED AND TESTED FOR PROFICIENCY IN BOTH WRITTEN1
E
NGLISH AND THE TARGET LANGUAGE WITH AFFILIATION OR
2
ACCREDITATION BY A NATIONALLY RECOGNIZED ASSOCIATION OF3
TRANSLATORS OR HAVE OTHER CREDENTIALS OR CERTIFICATIONS THAT4
ARE COMPARABLE TO OR EXCEED THE STANDARDS USED BY A NATI ONALLY5
RECOGNIZED ASSOCIATION OF TRANSLATORS ; AND6
(b) P
RODUCE TRANSLATIONS THAT ARE LINGUISTICALLY
7
ACCURATE, CULTURALLY APPROPRIATE, AND TECHNICALLY CONSISTENT8
WITH THE ORIGINAL DOCUMENTS .9
31-10-1603. Multilingual ballot access - general provisions -10
requirements of secretary of state - clerks. A
CLERK IS REQUIRED TO
11
PROVIDE MULTILINGUAL BALLOT ACCESS BY CREATING A MINORITY12
LANGUAGE SAMPLE BALLOT PURSUANT TO SECTION 31-10-1604 AND13
PROVIDING AN IN-PERSON MINORITY LANGUAGE BALLOT PURSUANT TO14
SECTION 31-10-1605 IF THE MUNICIPALITY EXISTS PARTIALLY OR WHOLLY15
WITHIN A COUNTY COVERED BY THE MULTILINGUAL BALLOT16
REQUIREMENTS OF SECTION 1-5-905 (1) AND THE MUNICIPALITY HAS A17
POPULATION OF AT LEAST THREE THOUSAND PEOPLE .18
31-10-1604. Minority language sample ballots - clerks - mail19
ballot elections. (1) T
HE CLERK OF ANY MUNICIPALITY THAT SATISFIES
20
THE CRITERIA SPECIFIED IN SECTION 31-10-1603 SHALL CREATE A21
MINORITY LANGUAGE SAMPLE BALLOT IN ANY MINORITY LANGUAGE FOR22
WHICH A MINORITY LANGUAGE SAMPLE BALLOT IS REQUIRED PURSUANT23
TO SECTION 1-5-906 FOR THE COUNTY IN WHICH THE MUNICIPALITY24
PARTIALLY OR WHOLLY EXISTS.25
(2) T
HE MINORITY LANGUAGE SAMPLE BALLOT MUST INCLUDE ALL
26
OF THE SAME CONTENT THAT IS ON THE ENGLISH LANGUAGE BALLOT .27
001
-28- (3) A CLERK WHO IS REQUIRED TO CREATE A MINORITY LANGUAGE1
SAMPLE BALLOT IN ONE OR MORE MINORITY LANGUAGES PURSUANT TO2
THIS SECTION SHALL PROVIDE THE MINORITY LANGUAGE SAMPLE BALLOT3
FOR ANY MUNICIPAL ELECTION HELD ON OR AFTER JANUARY 1, 2027.4
(4) T
HE CLERK SHALL MAKE THE MINORITY LANGUAGE SAMPLE
5
BALLOT AVAILABLE AND ACCESSIBLE TO ELECTORS ON THE6
MUNICIPALITY'S WEBSITE AND AT POLLING PLACES MUNICIPALITY -WIDE,7
IF USED. FOR AN ELECTION USING MAIL BALLOTS , THE CLERK SHALL8
NOTIFY ALL ACTIVE ELIGIBLE ELECTORS IN THE MUNICIPALITY VIA THE9
MAIL BALLOT PACKET AND IN EACH LANGUAGE IN WHICH A MINORITY10
LANGUAGE SAMPLE BALLOT WILL BE CREATED THAT A MINORITY11
LANGUAGE SAMPLE BALLOT IS AVAILABLE .12
(5) T
HE CLERK SHALL ENSURE THAT THE TRANSLATION PROVIDED
13
FOR THE MINORITY LANGUAGE SAMPLE BALLOT IS PERFORMED BY ONE OR14
MORE QUALIFIED TRANSLATORS .15
31-10-1605. In-person minority language ballot - clerks -16
polling places. (1) T
HE CLERK OF ANY MUNICIPALITY THAT SATISFIES THE
17
CRITERIA SPECIFIED IN SECTION 31-10-1603 SHALL ENSURE THAT AT LEAST18
ONE PUBLICLY ACCESSIBLE LOCATION IN THE MUNICIPALITY IS EQUIPPED19
TO PROVIDE, UPON THE REQUEST OF A QUALIFIED ELECTOR, AN IN-PERSON20
MINORITY LANGUAGE BALLOT IN ANY MINORITY LANGUAGE FOR WHICH A21
MINORITY LANGUAGE BALLOT IS REQUIRED PURSUANT TO SECTION 1-5-90622
FOR THE COUNTY IN WHICH THE MUNICIPALITY PARTIALLY OR WHOLLY23
EXISTS. IF THE MUNICIPALITY ESTABLISHES A POLLING PLACE FOR AN24
ELECTION, THE CLERK SHALL ENSURE THAT THE POLLING PLACE IS25
EQUIPPED TO PROVIDE, UPON THE REQUEST OF A VOTER , AN IN-PERSON26
MINORITY LANGUAGE BALLOT .27
001
-29- (2) AN IN-PERSON MINORITY LANGUAGE BALLOT OPTION MUST BE1
A BALLOT ON DEMAND, A BALLOT FROM A PRINTED STOCK OF BALLOTS, OR2
A BALLOT VIA A VOTING DEVICE AND MUST INCLUDE ALL OF THE SAME3
CONTENT THAT IS ON THE ENGLISH LANGUAGE BALLOT .4
(3) A
CLERK WHO IS REQUIRED TO PROVIDE AN IN -PERSON
5
MINORITY LANGUAGE BALLOT OPTION IN ONE OR MORE MINORITY6
LANGUAGES PURSUANT TO THIS SECTION SHALL PROVIDE AN IN -PERSON7
MINORITY LANGUAGE BALLOT OPTION FOR ANY MUNICIPAL ELECTION HELD8
ON OR AFTER JANUARY 1, 2027.9
(4) F
OR AN ELECTION USING MAIL BALLOTS , THE CLERK SHALL
10
NOTIFY ALL ACTIVE ELIGIBLE ELECTORS IN THE MUNICIPALITY VIA THE11
MAIL BALLOT PACKET AND IN EACH LANGUAGE IN WHICH THE IN -PERSON12
MINORITY LANGUAGE BALLOT OPTION WILL BE AVAILABLE THAT ELECTORS13
MAY REQUEST AN IN-PERSON MINORITY LANGUAGE BALLOT AND WHERE14
THE ELECTOR MAY REQUEST THE IN-PERSON MINORITY LANGUAGE BALLOT .15
31-10-1606. Coordination with counties. M
UNICIPALITIES MAY
16
COORDINATE ELECTIONS WITH COUNTIES TO COLLABORATE ON COMPLYING17
WITH THE MULTILINGUAL BALLOT REQUIREMENTS OF THIS PART 16 AND18
PART 9 OF ARTICLE 5 OF TITLE 1.19
SECTION 8. Appropriation. (1) For the 2025-26 state fiscal20
year, $75,432 is appropriated to the department of state for use by the21
elections division. This appropriation is from the department of state cash22
fund created in section 24-21-104 (3)(b), C.R.S. To implement this act,23
the division may use this appropriation as follows:24
(a) $60,812 for personal services, which amount is based on an25
assumption that the division will require an additional 1.0 FTE; and26
(b) $14,620 for operating expenses.27
001
-30- SECTION 9. Act subject to petition - effective date -1
applicability. (1) This act takes effect at 12:01 a.m. on the day following2
the expiration of the ninety-day period after final adjournment of the3
general assembly; except that, if a referendum petition is filed pursuant4
to section 1 (3) of article V of the state constitution against this act or an5
item, section, or part of this act within such period, then the act, item,6
section, or part will not take effect unless approved by the people at the7
general election to be held in November 2026 and, in such case, will take8
effect on the date of the official declaration of the vote thereon by the9
governor.10
(2) This act applies to elections and election-related activities11
occurring on or after January 1, 2026.12
001
-31-