Modifications to Laws Regarding Elections

The act modifies the "Uniform Election Code of 1992", (code) the law regarding initiatives and referendums, the "Fair Campaign Practices Act", the public official disclosure requirements of the "Colorado Sunshine Act of 1972", and other laws regarding elections.

The act modifies the code as follows:

• Regarding elections generally, specifies that the county clerk and recorder, as the chief election official for the county, sets the operational hours of the clerk and recorder's office and specifies that the governing board of a county or city and county is not authorized to supervise the conduct of regular and special elections or to consult with election officials in regard to conducting elections and rendering decisions and interpretations under the code;
• Regarding the qualification and registration of electors, beginning January 1, 2025, changes the age at which an individual may preregister to vote from 16 to 15 years old;
• Regarding political party organization, specifies that when a state senatorial district or state representative district is comprised of one or more whole counties or of a part of one county and all or a part of one or more other counties, a state senatorial central committee or a state representative central committee consists of the elected precinct committee persons, as well as the chairpersons, vice-chairpersons, and secretary of the several party county central committees, who reside within the state senatorial district or the state representative district;
• Regarding access to the ballot by candidates, specifies that the law prohibiting a candidate who was defeated in a primary election from participating in a general election does not apply to a candidate for president of the United States; allows the governor to designate a location other than the office of the governor for the presidential electors to convene if the governor determines that it is not feasible to meet in the office of the governor; makes the deadlines for a candidate to file a petition in a congressional vacancy election consistent with other deadlines; makes the general timeline for circulating petitions to get on the ballot applicable to presidential electors for unaffiliated presidential candidates; beginning January 1, 2025, aligns the minor political party candidate petition calendar with the major political party candidate petition calendar; clarifies that an unaffiliated candidate for president of the United States is exempt from the requirement that a candidate be registered as unaffiliated with a political party in the statewide voter registration system prior to the general election; beginning January 1, 2025, requires a candidate or candidate committee, recall committee, or representative of a minority party petition to submit a paid circulator report, if applicable, to the secretary of state (secretary); and modifies the timing for a candidate to cure a nominating petition signature deficiency;
• Regarding notice and preparation of elections, requires the secretary to administer a pilot program that allows the county clerk and recorder or designated election official (clerk) of a county with at least 10,000 but fewer than 37,500 active electors and with at least 3 cities or towns where the second and third largest cities or towns that are located entirely within the county both have less than 3% of the active electors in the county, to request a waiver of the requirement to designate 3 voter service and polling centers (VSPC) on election day and instead designate at least 2 VSPCs on election day; repeals an obsolete provision specifying data to be used to determine the number of students enrolled at an institution of higher education during the COVID-19 pandemic; specifies that for a general election, a county shall establish a drop box on each campus of an institution of higher education located within the county that has 1,000, rather than 2,000, or more enrolled students; clarifies that each clerk is required to ensure that primary election ballots are printed in accordance with existing law; repeals obsolete language regarding voting equipment; updates several provisions regarding the use of voting systems to align with current practice; requires the secretary to approve or deny an application from a political subdivision to purchase a new electromechanical voting system within 30 days of receiving the application; modifies the standards for accessible voting systems to align with federal standards; and repeals obsolete language regarding direct recording electronic voting systems;
• Regarding election judges, changes the deadline by which the county chairperson of each major political party in a county is required to certify to the clerk the names and addresses of registered electors recommended to serve as election judges in the county and implements an appeal process for an election judge who is preemptively removed as an election judge by the county chairperson or authorized official;
• Regarding the conduct of elections, allows a registered elector who will not have been a Colorado resident for at least 22 days immediately before a presidential general election to cast a provisional ballot, which includes only a vote for president and vice president, in that election; extends the deadline for the secretary to adopt rules concerning the tabulation, reporting, and canvassing of results for a coordinated election using instant runoff voting conducted by multiple counties from January 1, 2025, to January 1, 2026; updates provisions regarding voting machines and the inspection of voting machines by election judges; repeals obsolete provisions regarding sample ballots, the seal on voting machines, the manner of voting by eligible electors, the counting of write-in ballots, and how voting system software is installed; clarifies that the secretary will conduct a random audit of voting devices only if a risk-limiting audit is not possible after an election; and extends the deadlines for the secretary to promulgate rules necessary to conduct risk limiting audits in an election using instant runoff voting and for a county to audit an election using instant runoff voting conducted as part of a coordinated election from January 1, 2025, to January 1, 2026;
• Regarding mail ballot elections, allows a clerk to request a waiver from the secretary of state exempting the county from the remote location drop box ballot collection requirements and specifies alternative collection requirements if a waiver is granted; specifies the conditions under which an elector may request a replacement ballot from the clerk; modifies the time by which an elector must request a replacement ballot from the clerk; and repeals obsolete provisions that direct clerks how to count ballots that are cast on electronic or electromechanical vote tabulating equipment;
• Regarding recounts, repeals obsolete provisions regarding recounts in nonpartisan local elections and clarifies who has standing to request a recount challenge;
• Regarding certificates of election and election contests, repeals obsolete language regarding the election of precinct officers and duplicative language regarding the resolution of tie votes and specifies that a contest concerning a presidential elector must be filed with the supreme court no later than 24 days after the general election and specifies the deadline for the supreme court to rule on such a contest; and
• Regarding recall elections, modifies the deadline for filing a nomination petition for a candidate to succeed an officer who is sought to be recalled.

The act further modifies the code to specify that regarding the use of an all-candidate primary election or a ranked voting method in a primary or general election, it is the general assembly's intent that a general statutory provision with a later effective date prevails over a specific statutory provision with an earlier effective date. In addition, the act specifies that before a designated election official may conduct an all-candidate primary election using an all-candidate primary ballot and before a primary or general election can use a ranked voting method for federal or state offices, the secretary must certify that:

• Multiple municipalities in counties of specified sizes with active electors that satisfy certain demographic criteria have conducted an election with a ranked voting method;
• Each municipality that has conduced an election with a ranked voting method has completed a risk-limiting audit that demonstrates that the certified outcomes in each race were accurate; and
• The secretary has submitted a report to the general assembly regarding the impact of ranked choice voting methods as compared to elections conducted through other voting methods.

The provisions of the act regarding an all-candidate primary election and the use of ranked voting methods take effect March 1, 2026.

The act modifies the law regarding initiatives and referendums by repealing an obsolete provision regarding filing a paid circulator report with the secretary and by repealing obsolete language regarding the effective date of the bills enacted during the 2020 legislative session that included an act subject to petition clause.

The act modifies the "Fair Campaign Practices Act" as follows:

• Prohibits a natural person who is not a citizen of the United States, a foreign government, or a foreign corporation from making a direct ballot issue or ballot question expenditure in connection with an election on a ballot issue or ballot question in the state;
• Specifies that a candidate seeking reelection does not have to file an additional disclosure statement filed pursuant to current law if the incumbent has filed the annual report required by law within the last 30 days from which the incumbent becomes a candidate for reelection;
• Clarifies that any person may file a complaint with the secretary of state about a candidate not complying with the disclosure statement requirements; and
• Requires a candidate for specified offices to amend the disclosure statement when there is a substantial change of interests as to which the disclosure is required.

The act modifies the public official disclosure requirements specified in the "Colorado Sunshine Act of 1972" as follows:

• Requires that specified public officials file an annual disclosure statement with the secretary and amend the disclosure statement when there is a substantial change of interests as to which the disclosure is required;
• Requires specified public officials who are serving in office in the 2024 calendar year, but who have not filed an annual disclosure statement in the 2024 calendar year, to file a disclosure statement within a specified amount of time and requires the disclosure statements to be available on the secretary's website;
• Repeals a provision that allows a public official to file an income tax return with the secretary in lieu of filing certain information required in the disclosure statement;
• Allows any person who believes that a member of the general assembly is not complying with the public official's disclosure requirements to file a complaint with specified individuals, requires the secretary to notify the appropriate individuals if a member of the general assembly does not timely file the required annual disclosure statement, and requires an individual who receives a complaint to investigate the complaint using existing procedures.

The act amends the "Colorado Open Records Act" to specify that if a clerk receives a request for election-related records that are in active use, in storage, or otherwise not readily available, and the request is made during an election for which the clerk is the designated election official, the clerk may take additional time to fulfill the request under certain circumstances; except that the allowance for additional time does not apply if the requester of the public records is a mass medium organization or a newsperson.

The act adds clerk and recorders to the law specifying the office hours and required availability of county officials.

The act amends Senate Bill 24-230, concerning support for statewide remediation services that positively impact the environment, to repeal the definition of "fee" applicable to section 20 of article X of the state constitution. These provisions of the act are contingent upon Senate Bill 24-230 being enacted and becoming law.

The act modifies the county commissioner redistricting process to specify that staff working with the redistricting commission or the advisory committee assigned to assist the redistricting commission regarding the mapping of county commissioner districts may make a completed proposed redistricting plan that staff has prepared as a result of a request made in a public hearing available to the public on the commission's website. In addition, the act specifies that such staff may communicate with a member of the commission or advisory committee to clarify directions that were given to staff during a public meeting regarding the creation of a proposed plan, so long as staff makes a record of the communication available on the commission's website.

The act makes the following appropriations for the 2024-25 state fiscal year:

• $10,444 to the department of revenue from the Colorado DRIVES vehicle services account in the highway users tax fund to implement the act;
• $1,888 to the office of the governor from reappropriated funds for use by the office of information technology to provide services to the department of revenue to implement the act; and
• $3,654 to the department of state from the department of state cash fund for use by the elections division to implement the act.

APPROVED by Governor June 6, 2024

PORTIONS EFFECTIVE June 6, 2024

PORTIONS EFFECTIVE January 1, 2025

PORTIONS EFFECTIVE March 1, 2026
(Note: This summary applies to this bill as enacted.)