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Protections For Elections Officials

Concerning protections for election officials.
2022 Regular Session
Elections & Redistricting
Bill Summary

The bill makes it unlawful for a person to threaten, coerce, or intimidate or attempt to threaten, coerce, or intimidate, an election official with the intent to interfere with the performance of the official's duties or with the intent to retaliate against the official for the performance of the official's duties. The prohibition does not apply to an enforcement action taken by the secretary of state to enforce state election laws or to an enforcement action take by a designated election official against an election judge who has violated a statute, a rule promulgated by the secretary of state, or the election judge's oath .

The bill also prohibits a person from making the personal information of an election official or an election official's immediate family publicly available on the internet if the person knows or reasonably should know that doing so will pose an imminent and serious threat to the election official or the election official's immediate family. There is a presumption that dissemination of the personal information of an election official or the election official's immediate family poses an imminent and serious threat if a federal, state, or local law enforcement agency has issued a safety warning or advisory that applies to the election official. For the purposes of this restriction, "election official" is defined to include a county clerk and recorder, a municipal clerk, an election judge, a member of a canvassing board, a member of a board of county commissioners, a member or secretary of a board of directors authorized to conduct public elections, a representative of a governing body, or any other person contracted for or engaged in the performance of election duties.

An election worker may file a request with a state or local official to remove personal information from records that the official makes available on the internet. The request must include an affirmation under penalty of perjury that the election worker has reason to believe that the dissemination of the election worker's personal information on the internet poses an imminent and serious threat to the safety of the election worker. After receiving a request from an election worker, the state or local official is also required to deny access to the personal information in response to a request for records under the "Colorado Open Records Act"; except that certain individuals may access records maintained by a county recorder, county assessor, or county treasurer if such access is related to a real estate matter. For purposes of this protection, "election worker" is defined to include a county clerk and recorder, county election staff, a municipal clerk, municipal election staff, the secretary of state, and the secretary of state's election staff but does not include an election judge or a temporary employee.

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)

(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)


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Bill Text