H_JUD_2024A 04/09/2024 01:41:08 PM Committee Summary PUBLICSTAFF SUMMARY OF MEETINGHOUSE 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 Attachment Tag File Name Attachment A http://www2.leg.state.co.us/CLICS/CLICS2024A/commsumm.nsf/0/746F3C387139...$File/Attachment A.pdf?OpenElement Attachment A.pdf 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 Attachment Tag File Name Attachment B http://www2.leg.state.co.us/CLICS/CLICS2024A/commsumm.nsf/0/B50A3110429B...$File/Attachment B.pdf?OpenElement Attachment B.pdf Attachment C http://www2.leg.state.co.us/CLICS/CLICS2024A/commsumm.nsf/0/10A278286DAF...$File/Attachment C.pdf?OpenElement Attachment C.pdf Attachment D http://www2.leg.state.co.us/CLICS/CLICS2024A/commsumm.nsf/0/E0CFB58257CC...$File/Attachment D.pdf?OpenElement Attachment D.pdf 06:54:06 PM The committee recessed. 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.
