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j_src_2018a_2018-01-19t13:05:39z6 Hearing Summary




PUBLIC
BILL SUMMARY For 3D. PERMANENTLY ENJOINED LAWS ON BALLOT ISSUE PETITION CIRCULATORS

JOINT COMMITTEE COMMITTEE ON STATUTORY REVISION COMMITTEE
Date Jan 19, 2018      
Location HCR 0112



3d. Permanently enjoined laws on ballot issue petition circulators - Committee Discussion Only


02:36:12 PM  

Nicole Myers, OLLS, testified before the Committee, explaining that in 2013, the United States District Court for the District of Colorado issued a permanent injunction against enforcement of unconstitutional laws regarding petition circulators. One of the unconstitutional provisions requires a petition circulator, among other things, to be a resident of the state; the other prohibits a petition circulator from receiving more than 20% of his or her salary on a per-signature basis. The OLLS has been aware of the court decision, and has included an editor's note in the C.R.S. to advise readers of the injunction.

*The note is located beneath the source note for section 1-40-112, C.R.S., and reads:

"In Independence Institute v. Gessler ... the United States District Court for the District of Colorado found subsection (4) of this section unconstitutional under the First Amendment of the United States Constitution and permanently enjoined the Colorado Secretary of State from enforcing [this subsection] and any ancillary provision that enforces [it], namely, sections 1-40-135 and 1-40-121, to the extent those sections apply to restrictions on per-signature compensation."

Ms. Myers explained that at the Committee's August meeting, staff recommended the repeal of the unconstitutional provisions; however, staff asked for more time to solicit feedback on the draft legislation before taking action to introduce the bill. The bill draft repeals the enjoined provisions; the Secretary of State's Office and other interested organizations were consulted and reviewed the draft, and everyone agreed that the language in the bill is appropriate and ready for the Committee's consideration.

02:36:39 PM  

In response to a question from Senator Martinez Humenik, concerning whether the fact that the bill currently has an act subject to petition clause, meaning if passed it wouldn't become law until August of 2018, could create a problem for the general election in 2018. Ms. Myers explained that the laws are currently unenforceable.



02:42:44 PM
Motion Introduce Bill 3d.
Moved Arndt
Seconded
Arndt Yes
Brad Ramming, Esq. Excused
Hooton Yes
McKean Yes
Patrice Bernadette Collins, Esq. Excused
Tate No
Thurlow Yes
Zenzinger No
Moreno Yes
Martinez Humenik Yes
YES: 6   NO: 2   EXC: 2   ABS:  0   FINAL ACTION:  PASS
02:42:45 PM  

Tim Griesmer, from the Secretary of State's Office, testified before the Committee that the Office agrees with the analysis of OLLS, that this is a case of laws that were declared unconstitutional by a federal court; he stressed the importance of clarity in election law, and that if the Committee introduced the bill the Secretary of State's Office would support it.






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