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SB18-233

Elections Clean-up

Concerning technical modifications to miscellaneous provisions of the "Uniform Election Code of 1992", and, in connection therewith, making an appropriation.
Session:
2018 Regular Session
Subject:
Elections & Redistricting
Bill Summary

Uniform Election Code of 1992 - technical modifications. The act makes the following technical modifications to the "Uniform Election Code of 1992" (code):

  • Clarifies that any undeliverable message or any other message indicating that an elector's electronic-mail address is no longer valid does not need to be stored in the statewide voter registration system.
  • Specifies how a homeless elector establishes a residence for purposes of voter registration.
  • Clarifies that existing requirements prohibiting a loss of voter registration status while a person is confined in a correctional facility, jail, or state institution apply when the person is not serving a sentence for a felony conviction; clarifies that existing requirements permitting a confined prisoner who is awaiting trial or has not been tried to register to vote also applies to a prisoner who is not serving a sentence for a felony conviction; and allows all such prisoners to list their confinement location as their ballot address for voter registration purposes.
  • Clarifies the text of certain questions that an elector answers upon registering to vote and adds as a question the address where the elector wishes to receive his or her ballot if different from the address of record. The act also makes a conforming change to the definition of "confirmation card".
  • Clarifies the information that a prospective elector must provide when registering to vote at a driver's license examination facility and makes changes to existing statutory provisions to facilitate the registration of electors at such facilities.
  • Specifies that a declaration or change of affiliation made by an unaffiliated elector must be deferred if the elector has already been mailed a primary election ballot packet. The deadline by which the elector must declare, change, or withdraw an affiliation only applies to a primary election and does not apply to a general or coordinated election.
  • Requires the department of state, no later than July 31, 2019, to regularly provide the department of revenue (DOR) with current voter registration information. The DOR must use the information to determine whether an individual is registered to vote at the time he or she applies to obtain, renew, or update a driver's license or state identification card. The department of state is required to reimburse DOR, through a one-time reimbursement, for any additional costs DOR incurs in connection with updating Colorado DRIVES, their driver and vehicle services information technology system.
  • Shortens the deadlines for registering to vote in advance of a political party caucus, assembly, or convention and for affiliating with the political party in advance of such events.
  • Requires the state central committee of each major political party to compile and provide to the secretary of state (secretary) information concerning the membership of the county central committees of the party in addition to the bylaws or rules of each county central committee.
  • Prohibits an unaffiliated elector from signing a petition for a candidate of a major political party.
  • Prohibits a write-in vote for president in a general election from being counted unless it includes a write-in vote for vice-president.
  • Deletes an existing statutory requirement that a copy of the notice of the cancellation of an election be posted at each voter service and polling center (VSPC) of the political subdivision.
  • Repeals statutory language requiring the county clerk and recorder (county clerk) to prepare a combined primary election ballot to be used by unaffiliated electors.
  • Clarifies the certification requirements for election judges so that they must certify that they are residents of the state and need not certify that they reside in the political subdivision. Changes the date in advance of an election when classes for training election or supervisor judges must be held from 45 days to 60 days before the election.
  • Changes the deadline by which the appropriate official of a minor political party must certify to the county clerk an initial list of the names and addresses of electors serving as election judges for a primary general election from the last Tuesday in April of even-numbered years to 60 days before the election.
  • Changes the deadline by which any unaffiliated elector may give notice to the county clerk offering to serve as an election judge for a primary general election from the last Tuesday in April of even-numbered years to 60 days before the election
  • Replaces the term "precinct" with "VSPC" in 3 statutory sections addressing election and supervisor judges. Requires the county clerk to appoint election judges for each location where election activities are occurring instead of for each precinct as under existing law. Permits the county clerk to appoint an election judge to serve in a county other than the county in which the election judge resides. If more than one supervisor judge is serving at a VSPC, requires the judges to be of different political party affiliations.
  • Replaces the term "polling location" with "VSPC" in a statutory section dealing with the number of election judges.
  • Repeals an outdated statutory section that requires, where voting is by ballot or on a ballot card, a particular counting of the ballots and the sealing of the transfer box and also includes provisions concerning preparation of the paper tape in electronic voting.
  • Changes the deadline by which comments pertaining to a ballot issue must be filed with the political subdivision.
  • Changes, for referred ballot measures, the deadline by which petition representatives are required to submit to the political subdivision comments favorable to the petition from 43 days to 44 days before the election.
  • Changes the deadline by which the designated election official of a political subdivision (DEO) is required to submit to the county clerk the full text of any required ballot issue notices from 42 days to 43 days before the election.
  • Eliminates the general requirement that a secrecy envelope or sleeve be included in a mail ballot packet. Modifies the language used for instructing the elector on completing a mail ballot. The act also requires the county clerk to ensure the privacy of each elector's vote when election judges are removing and separating marked ballots from return envelopes and specifies actions that must be taken by the county clerk if he or she chooses not to include a secrecy envelope or sleeve in the mail ballot packet.
  • Changes the deadline by which a DEO is required to provide a mail ballot to a registered elector who requests the ballot at the DEO's office or the office designated in the mail ballot plan filed with the secretary.
  • Repeals statutory provisions governing the process of applying for an absentee ballot.
  • Requires a declaration accompanying a federal write-in absentee ballot that is received after the election to be treated as an application to register to vote for subsequent elections.
  • Changes the deadline by which the DEO is to complete the verification and counting of all provisional ballots.
  • Changes the deadline by which the canvass board is to complete its duties to 22 days after any election coordinated by the county clerk and recorder.
  • In the case of an election that includes a statewide ballot measure, changes the deadline by which the county clerk is to transmit to the secretary the portion of the abstract of votes cast that contains the statewide abstract of votes cast. The act also changes the deadline by which the secretary is to compile and total election returns, determine if a recount is necessary, and order any recounts.
  • Changes the deadline by which the canvass board is to certify to the DEO the official abstract of votes cast for all candidates and ballot measures in the election from 17 days to 22 days after the election.
  • Deletes a requirement that the secretary notify the affected county clerk of a recount for congressional, state and district offices, state ballot questions, and state ballot issues by means of registered mail and facsimile transmission. Changes the deadline for completing the recount from 30 days to 35 days after the election.
  • Changes the deadline by which a recount of other offices, ballot issues, and ballot questions arising out of an election coordinated by the county clerk is to be completed from 30 days to 35 days after the election and also changes another deadline affecting the notice to be given to the county clerk by a political subdivision where a recount is being waived.
  • Changes the deadlines by which an interested party is to submit a notarized written request for a recount and by which an automatic recount is to be completed to 28 days after the election.
  • Changes the manner of calculating the number of signatures required for a petition to recall a school district director.
  • Changes the deadline by which a signer may request that his or her name be stricken from a recall petition to no later than 3 days after the petition has been filed.

For the 2018-19 state fiscal year, $63,000 is appropriated to the department of state from the department of state cash fund for use by the elections division. To implement the act, the elections division may use the appropriation for operating costs. For the 2018-19 state fiscal year, $63,000 is appropriated to the department of revenue from reappropriated funds received from the department of state. To implement the act, the department of revenue may use the appropriation for operating expenses related to Colorado DRIVES.


(Note: This summary applies to this bill as enacted.)

Status

Introduced
Passed
Became Law

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Bill Text

The House of Representatives and Senate will not convene on Friday, May 27 and Saturday, May 28

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