|
PUBLIC
STAFF SUMMARY OF MEETING
HOUSE COMMITTEE ON JUDICIARY
| Date |
04/09/2024 |
| Attendance |
| Amabile |
X |
| Evans |
X |
| Garcia |
X |
| Herod |
X |
| Mabrey |
X |
| Snyder |
X |
| Soper |
X |
| Wilson |
X |
| Woodrow |
X |
| Bacon |
X |
| Weissman |
X |
|
| Time |
01:41:08 PM to 08:54:33 PM |
| Place |
Old State Library |
| This Meeting was called to order by |
Weissman |
| This Report was prepared by |
Bo Pogue |
|
| Hearing Items |
Action Taken |
| hHR24-1006 |
Postponed Indefinitely |
| hHB24-1303 |
Postponed Indefinitely |
|
|
HR24-1006 - Postponed Indefinitely
|
|
|
01:41:24 PM |
The committee was
called to order. All members were present. Representative Weissman, Chair,
provided some opening remarks on the meeting's procedures. Representatives
Armagost and Pugliese, prime sponsors, presented House Resolution 24-1006,
concerning the impeachment of Colorado Secretary of State Jena Griswold.
Representative Armagost explained the effect of the resolution and discussed
its need. Representative Pugliese provided further input on the merits
of the resolution. Representatives Armagost and Pugliese responded to questions
regarding activities that warrant the removal of the Secretary of State
from office, and the role of the Secretary of State. Representative Armagost
responded to questions regarding the nature of events on January 6, 2021,
and the basis for the impeachment proceedings. Representative Armagost
responded to questions regarding the intent of HR 24-1006. Representative
Pugliese responded to questions regarding social media posting.
|
|
02:15:24 PM |
Secretary of State
Jena Griswold testified before the committee on HR 24-1006. Committee members
received a sample ballot, provided by the Department of State (Attachment
A). Secretary Griswold responded to questions regarding potential action
following certain jurisprudence, and her role as Secretary of State. Discussion
ensued regarding the lawsuit for which she was the named defendant, and
suits involving other former Colorado secretaries of state. Discussion
followed regarding what constitutes malfeasance in office, and denial of
ballot access. Discussion returned to the lawsuit that ended up in the
Colorado Supreme Court.
|
|
02:44:47 PM |
Harry Dunn, representing
himself, testified in opposition to HR 24-1006. Martha Tierney, representing
herself, testified in opposition to the resolution. Amanda Gonzalez, representing
herself, testified in opposition to the resolution. Stan Garnett, representing
himself, testified in opposition to the resolution. Mr. Dunn responded
to questions regarding his duties as a U.S. Capitol police officer. Mr.
Garnett responded to questions regarding what happens should the impeachment
happen. Mr. Dunn responded to questions regarding the events of January
6, 2021. Ms. Tierney responded to questions regarding jurisprudence associated
with HR 24-1006, and use of social media by elected officials. Discussion
returned to the events of January 6, 2021. Ms. Gonzalez responded to questions
regarding the impact of recent events on confidence in elections, and the
appearance of Donald Trump on the 2024 primary ballot. Mr. Garnett responded
to questions regarding what constitutes malfeasance. Ms. Tierney responded
to questions regarding certain constitutional issues. Discussion returned
to the use of social media by elected officials, and the lawsuit associated
with the impeachment proceedings. Discussion turned to the actions of Secretary
of State Griswold. Discussion returned to the malfeasance issue.
|
|
03:48:46 PM |
Mr. Garnett responded to questions regarding impeachment in Colorado. Mr. Garnett and Ms. Tierney responded to questions regarding certain players associated with HR 24-1006 not being in Colorado. Ms. Tierney responded to questions regarding certain legislation heard by the General Assembly in previous legislative sessions. Mr. Dunn responded to questions regarding his duties as a police officer. Ms. Tierney and Mr. Garnett responded to questions regarding the use of social media by Secretary Griswold and other elected officials. Discussion ensued regarding certain constitutional issues. Ms. Gonzalez responded to questions. Mr. Garnett responded to additional questions.
|
|
04:19:37 PM |
Suzanne Taheri, representing
herself, testified in support of HR 24-1006.
Ray Scott, representing
himself, testified in support of the resolution.
Carrie Mumma,
representing herself, testified in support of the resolution.
Scott Gessler,
representing himself, testified in support of the resolution.
Mr. Gessler responded
to questions regarding malfeasance.
Ms. Taheri responded
to questions.
Mr. Gessler responded
to questions about actions of other state secretaries of state. Further
questions were asked about Ms. Griswold's positions on social media.
Additional questions
were raised about civil cases filed in the Secretary of State's Office.
|
|
05:11:54 PM |
Committee members
asked questions to the panel about types of cases brought before the secretary
of state. Additional inquiries were made about a mailing. Mr. Scott responded
to questions about optional actions to weigh in on litigation. Mr. Gessler
discussed the procedural role of the Secretary of State's Office, and claims
made during earlier testimony. Ms. Taheri responded to questions regarding
election security at the county level. Discussion ensued regarding a television
advertisement featuring Secretary Griswold.
|
|
05:27:44 PM |
The witnesses responded to questions regarding the 2020 election and surrounding events. Mr. Scott responded to questions regarding the use of social media by elected officials. Mr. Gessler responded to questions regarding a media interview pertaining to HR 24-1006, and the impact of the resolution on upcoming elections. Mr. Gessler responded to further questions about public trust in elections, and whether events surrounding the 2020 election constituted an insurrection. Mr. Gessler responded to questions regarding a lawsuit from the time when he was secretary of state. Discussion ensued regarding the 2020 election. Discussion followed regarding the basis for the impeachment resolution. Mr. Gessler responded to questions regarding lawsuits filed against the Department of State when he was secretary of state, and the duties of the office. Discussion returned to the basis for impeachment. Mr. Gessler responded to further questions regarding his opinion on the 2020 election.
|
|
05:57:59 PM |
Representatives Armagost and Pugliese provided closing remarks in support of HR 24-1006. Each committee member weighed in on the resolution.
|
06:53:33 PM
|
Motion |
Referred to Full House for final action. |
|
| Moved |
Evans |
|
| Seconded |
Wilson |
|
|
|
|
|
Amabile |
No |
|
|
Evans |
Yes |
|
|
Garcia |
No |
|
|
Herod |
No |
|
|
Mabrey |
No |
|
|
Snyder |
No |
|
|
Soper |
Yes |
|
|
Wilson |
Yes |
|
|
Woodrow |
No |
|
|
Bacon |
No |
|
|
Weissman |
No |
|
|
|
YES: 3 NO: 8 EXC: 0 ABS: 0 FINAL ACTION: FAIL |
|
|
06:53:56 PM
|
Motion |
Postpone HR24-1006 indefinitely using a reversal of the previous roll call. There was no objection to the use of the reverse roll call, therefore, the bill was postponed indefinitely. |
|
| Moved |
Bacon |
|
| Seconded |
Herod |
|
|
|
|
|
Amabile |
Yes |
|
|
Evans |
No |
|
|
Garcia |
Yes |
|
|
Herod |
Yes |
|
|
Mabrey |
Yes |
|
|
Snyder |
Yes |
|
|
Soper |
No |
|
|
Wilson |
No |
|
|
Woodrow |
Yes |
|
|
Bacon |
Yes |
|
|
Weissman |
Yes |
|
|
Final |
YES: 8 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS |
|
|
HB24-1303 - Postponed Indefinitely
|
|
|
07:17:29 PM |
The committee returned
to order. Representatives Epps and Bacon, prime sponsors, presented House
Bill 24-1303, concerning the applicability of the Colorado open meetings
law to the Colorado General Assembly. Representative Epps explained the
effect of the bill and discussed its need, and addressed some forthcoming
amendments. Representative Bacon provided additional input on the merits
of the legislation. Representative Epps responded to questions regarding
how the public is notified of certain meetings. Representative Bacon explained
the definition of "caucus" in the bill. Discussion ensued regarding
the potential for the bill to create the perception of reduced transparency,
and the types of groups affected by the bill. Written testimony on
HB 24-1303 may be found at Attachment B.
|
|
07:48:07 PM |
Ms. Ashley Troxell,
representing herself, testified in support of the bill. Mr. Jimmy Smrz,
representing themself, testified in support of the bill. Mr. Jeff Roberts,
representing Colorado Freedom of Information Coalition, testified to amend
the bill. Ms. Troxell responded to questions regarding a meeting that she
referenced during her testimony. Mr. Smrz responded to questions regarding
his support for the bill. Mr. Roberts responded to questions regarding
his organization's concerns, and proper notice of meetings.
|
|
08:07:30 PM |
The sponsors returned
to the witness table, and discussion on previous points continued. Discussion
included consideration of the concept of major and minor political parties.
Discussion followed regarding the bill's adoption of previous practice
and caselaw. Discussion turned to a hypothetical situation posed by Representative
Snyder, and certain exemptions in HB 24-1303. The committee discussed another
hypothetical situation posed by Representative Soper.
|
|
08:37:42 PM |
The committee discussed
amendment L.001 (Attachment C).
|
08:39:38 PM
|
Motion |
Adopt amendment L.001 |
|
| Moved |
Bacon |
|
| Seconded |
Garcia |
|
|
|
|
|
Amabile |
|
|
|
Evans |
|
|
|
Garcia |
|
|
|
Herod |
|
|
|
Mabrey |
|
|
|
Snyder |
|
|
|
Soper |
|
|
|
Wilson |
|
|
|
Woodrow |
|
|
|
Bacon |
|
|
|
Weissman |
|
|
|
|
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection |
|
|
|
08:39:40 PM |
The committee discussed
amendment L.003 (Attachment D).
|
08:40:47 PM
|
Motion |
Adopt amendment L.003 |
|
| Moved |
Bacon |
|
| Seconded |
Woodrow |
|
|
|
|
|
Amabile |
|
|
|
Evans |
|
|
|
Garcia |
|
|
|
Herod |
|
|
|
Mabrey |
|
|
|
Snyder |
|
|
|
Soper |
|
|
|
Wilson |
|
|
|
Woodrow |
|
|
|
Bacon |
|
|
|
Weissman |
|
|
|
|
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection |
|
|
|
08:40:49 PM |
Representatives Epps and Bacon provided closing remarks in support of HB 24-1303. Representatives Soper and Snyder provided their positions on the bill.
|
08:53:51 PM
|
Motion |
Refer House Bill 24-1303, as amended, to the Committee of the Whole. |
|
| Moved |
Bacon |
|
| Seconded |
Mabrey |
|
|
|
|
|
Amabile |
No |
|
|
Evans |
No |
|
|
Garcia |
Yes |
|
|
Herod |
No |
|
|
Mabrey |
Yes |
|
|
Snyder |
No |
|
|
Soper |
No |
|
|
Wilson |
No |
|
|
Woodrow |
No |
|
|
Bacon |
Yes |
|
|
Weissman |
No |
|
|
|
YES: 3 NO: 8 EXC: 0 ABS: 0 FINAL ACTION: FAIL |
|
|
08:54:18 PM
|
Motion |
Postpone House Bill 24-1303 indefinitely using a reversal of the previous roll call. There was no objection to the use of the reverse roll call, therefore, the bill was postponed indefinitely. |
|
| Moved |
Snyder |
|
| Seconded |
Wilson |
|
|
|
|
|
Amabile |
Yes |
|
|
Evans |
Yes |
|
|
Garcia |
No |
|
|
Herod |
Yes |
|
|
Mabrey |
No |
|
|
Snyder |
Yes |
|
|
Soper |
Yes |
|
|
Wilson |
Yes |
|
|
Woodrow |
Yes |
|
|
Bacon |
No |
|
|
Weissman |
Yes |
|
|
Final |
YES: 8 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS |
|
|
| 08:54:33 PM |
The committee adjourned. |
