A Bill for an Act
Page 1, Line 101Concerning the creation of the "Freedom From Intimidation
Page 1, Line 102In Elections Act" to prohibit an individual from
Page 1, Line 103intimidating, threatening, or coercing any individual
Page 1, Line 104for engaging in certain election-related activities.
Bill Summary
(Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.)
The bill creates the "Freedom From Intimidation In Elections Act", which prohibits any individual from intimidating, threatening, or coercing or attempting to intimidate, threaten, or coerce any individual for:
- Voting or attempting to vote;
- Urging or aiding any individual to vote or attempt to vote;
- Exercising any powers or duties to administer elections, including vote counting, canvassing, and election certification; or
- The individual's status as a past or present participant in the administration of elections.
The bill specifies that an individual who carries a visible firearm, imitation firearm, or toy firearm while interacting with or observing any of the specified election-related activities is presumed, in the absence of any affirmative showing to the contrary, to have engaged in intimidation prohibited by the bill.
An aggrieved individual, an election official, a designated election official, the secretary of state, or the attorney general may enforce the provisions of the bill. A suit brought by an election official, a designated election official, the secretary of state, or the attorney general does not preclude a contemporaneous private suit by an aggrieved individual to enforce the provisions of the bill.
In a suit to enforce the provisions of the bill, a court may grant relief enjoining the use or carrying of firearms by a defendant beyond the areas defined in current law. To prevail in a suit to enforce the provisions of the bill, a plaintiff is not required to prove that a defendant intended to intimidate, threaten, or coerce any individual, except to prove an attempt to intimidate, threaten, or coerce.
Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 2, Line 2SECTION 1. Legislative declaration. (1) The general assembly finds and declares that:
Page 2, Line 3(a) The United States, including Colorado, has a history of
Page 2, Line 4intimidation in elections. Often, election intimidation has been targeted
Page 2, Line 5at voters of color, prompting federal legislation as far back as the federal
Page 2, Line 6"Enforcement Acts" of 1870 and 1871, through the enactment of section
Page 2, Line 711(b) of the federal "Voting Rights Act of 1965", 52 U.S.C. sec. 10101 et seq.
Page 2, Line 8(b) Colorado has also been the site of election-related intimidation
Page 2, Line 9in recent history. For example:
Page 3, Line 1(I) In 2020, the Colorado attorney general sent a cease and desist
Page 3, Line 2letter to a mobile home park owner who had engaged in voter intimidation;
Page 3, Line 3(II) In 2022, dozens of individuals shouted at election workers
Page 3, Line 4inside the El Paso county clerk and recorder's office and recorded them
Page 3, Line 5while they were conducting a recount of votes in a nominating contest for
Page 3, Line 6the 2022 midterms. A group in the building prayed for "evil to descend" on the "election team".
Page 3, Line 7(III) Since 2023 alone, the Colorado secretary of state says she has received over 1,000 threats of violence or death; and
Page 3, Line 8(IV) In 2024, a Cortez resident pleaded guilty to making
Page 3, Line 9numerous violent threats and statements against Colorado election officials.
Page 3, Line 10(c) Since 2020, approximately 40% of local election officials in
Page 3, Line 11Colorado have left their positions. Colorado's rate of election official
Page 3, Line 12departure was higher than the national average in 2024, which had also
Page 3, Line 13dramatically increased over the past 4 years. During the 2024 election, at
Page 3, Line 14least one top election official had left in 25 of Colorado's 64 counties. In
Page 3, Line 15other words, 39% of the officials in charge of the 2024 presidential
Page 3, Line 16election were new to the job. The state has seen a net loss of 126 years of election experience.
Page 3, Line 17(2) The general assembly further finds and declares that:
Page 3, Line 18(a) The "Freedom From Intimidation In Elections Act" is intended
Page 3, Line 19to supplement existing anti-intimidation law under section 11(b) of the
Page 3, Line 20federal "Voting Rights Act of 1965", 52 U.S.C. sec. 10101 et seq., by,
Page 3, Line 21among other things, providing specific, explicit protections for election
Page 3, Line 22workers and acknowledging that in this era of increased firearm violence
Page 4, Line 1and election denialism, the presence of firearms in proximity to elections
Page 4, Line 2is presumptively intimidating. The "Freedom From Intimidation In
Page 4, Line 3Elections Act" should not be construed, however, to suggest that other
Page 4, Line 4anti-intimidation laws do not protect election workers or protect against the use of firearms to intimidate voters and election workers.
Page 4, Line 5(b) Colorado law already criminalizes the intimidation of voters
Page 4, Line 6and election officials in the election process. Colorado law also prohibits
Page 4, Line 7any person from carrying a firearm inside or near locations used for
Page 4, Line 8voting and counting ballots. The "Freedom From Intimidation In
Page 4, Line 9Elections Act" is not intended to, and should not be read to, limit or
Page 4, Line 10replace those prohibitions. Instead, the "Freedom From Intimidation In Elections Act" is a supplement to those existing protections.
Page 4, Line 11(c) Because election administration and voting take place in a
Page 4, Line 12number of locations including, but not limited to, polling places, elections
Page 4, Line 13and other government offices, ballot drop boxes, and people's homes, the
Page 4, Line 14term "voting", as defined by the "Freedom From Intimidation In Elections
Page 4, Line 15Act", is intended to be read expansively to include all forms and methods of voting permitted under federal and state law; and
Page 4, Line 16(d) The general assembly has compelling interests in protecting
Page 4, Line 17both public safety and individual rights, including the fundamental right
Page 4, Line 18to vote. It is the general assembly's intent and purpose in enacting the
Page 4, Line 19"Freedom From Intimidation In Elections Act" to help preserve the right
Page 4, Line 20to vote by securing the safety and freedom of our elections and allowing
Page 4, Line 21voters, election workers, and other officials who conduct our elections to play their roles free from intimidation.
Page 4, Line 22SECTION 2. In Colorado Revised Statutes, add 1-13-726 as
Page 4, Line 23follows:
Page 5, Line 11-13-726. Intimidation of voters or election officials - civil
Page 5, Line 2enforcement - short title - definitions. (1) Short title.The short title
Page 5, Line 3of this section is the "Freedom From Intimidation In Elections Act".
Page 5, Line 4(2) Definitions.As used in this section, unless the context otherwise requires:
Page 5, Line 5(a) "Firearm" has the same meaning as set forth in section 18-1-901 (3)(h).
Page 5, Line 6(b) "Imitation firearm" means an object or device
Page 5, Line 7reasonably capable of being mistaken for a firearm or for a
Page 5, Line 8weapon that uses compressed air or another gas to fire a projectile.
Page 5, Line 9(c) "Voting" includes all actions necessary to make a vote
Page 5, Line 10effective in any primary, special, odd-year, or general election,
Page 5, Line 11including, but not limited to, registration or other actions
Page 5, Line 12required by law as a prerequisite to voting, casting a ballot by
Page 5, Line 13any method permitted by law, and having a ballot counted
Page 5, Line 14properly and included in the appropriate totals of votes cast
Page 5, Line 15with respect to candidates for public or party office and ballot
Page 5, Line 16issues and ballot questions for which votes are received in an election.
Page 5, Line 17(3) Election-related intimidation prohibited.An individual,
Page 5, Line 18whether acting under color of law or otherwise, shall not
Page 5, Line 19intimidate, threaten, or coerce or attempt to intimidate, threaten, or coerce any individual for any of the following:
Page 5, Line 20(a) Voting or attempting to vote;
Page 5, Line 21(b) Urging or aiding any individual to vote or attempt to
Page 6, Line 1vote, whether as part of official election administration activity or otherwise;
Page 6, Line 2(c) Exercising any powers or duties to administer
Page 6, Line 3elections, including vote counting, canvassing, and election
Page 6, Line 4certification pursuant to the "Uniform Election Code of 1992"; or
Page 6, Line 5(d) The individual's status as a past or present participant in the administration of elections.
Page 6, Line 6(4) Presumption of engaging in election-related
Page 6, Line 7intimidation. (a) An individual who carries a visible firearm,
Page 6, Line 8imitation firearm, or toy firearm while interacting with or
Page 6, Line 9observing any of the activities described in subsection (3) of this
Page 6, Line 10section is presumed, in the absence of any affirmative showing to
Page 6, Line 11the contrary by a preponderance of the evidence, to have engaged in intimidation prohibited by this section.
Page 6, Line 12(b) The presumption specified in subsection (4)(a) of this
Page 6, Line 13section does not apply to a law enforcement officer acting
Page 6, Line 14within the scope of the officer's official duties or to a uniformed
Page 6, Line 15security guard employed by a contract security agency as
Page 6, Line 16defined in section 24-33.5-415.4, acting within the scope of the
Page 6, Line 17authority granted by and in the performance of a contractual
Page 6, Line 18agreement for the provision of security services with a person
Page 6, Line 19or entity that owns or controls the facility, building, or
Page 6, Line 20location subject to thissection. Accordingly, a plaintiff must
Page 6, Line 21allege more than such a law enforcement officer's or uniformed
Page 6, Line 22security guard's possession of a holstered firearm to state a
Page 6, Line 23claim under this section; except thata court may consider a law
Page 7, Line 1enforcement officer's or uniformed security guard's possession
Page 7, Line 2of a firearm in determining whether the law enforcement officer
Page 7, Line 3or uniformed security guard violated subsection (3) of this section.
Page 7, Line 4(5) Right to enforce. (a) Any aggrieved individual has the
Page 7, Line 5right to enforce subsection (3) of this section in a suit at law or
Page 7, Line 6in equity, or both. A prevailing plaintiff in any such action is
Page 7, Line 7entitled to the recovery of reasonable attorney's fees,
Page 7, Line 8reasonable expert fees, reasonable litigation expenses, and any
Page 7, Line 9other fees or costs that are deemed appropriate by a court of competent jurisdiction.
Page 7, Line 10(b) An election official, designated election official, or
Page 7, Line 11the secretary of state has the right to enforce the provisions of
Page 7, Line 12subsection (3) of this section and may institute an action for
Page 7, Line 13equitable relief on behalf of an aggrieved individual who is in
Page 7, Line 14the election official's, desginated election official's, or
Page 7, Line 15secretary of state's jurisdiction or is eligible to vote in such jurisdiction.
Page 7, Line 16(c) The attorney general has the right to enforce
Page 7, Line 17subsection (3) of this section and may institute for the state, or
Page 7, Line 18in the name of the state, an action for equitable relief,
Page 7, Line 19including an application for a temporary or permanent injunction, restraining order, or other order.
Page 7, Line 20(d) A suit brought by an election official, designated
Page 7, Line 21election official, or the secretary of state pursuant to
Page 7, Line 22subsection (5)(b) of this section or by the attorney general
Page 7, Line 23pursuant to subsection (5)(c) of this section to enforce
Page 8, Line 1subsection (3) of this section does not preclude a
Page 8, Line 2contemporaneous private suit by an aggrieved individual to enforce subsection (3) of this section.
Page 8, Line 3(6) Relief. (a) In a suit to enforce the provisions of
Page 8, Line 4subsection (3) of this section, a court may grant relief enjoining
Page 8, Line 5a defendant from the use or carrying of firearms beyond the
Page 8, Line 6areas described in section 1-13-724 or 18-12-105.3. This section
Page 8, Line 7does not limit the court's authority to grant any other just and equitable relief.
Page 8, Line 8(b) To prevail in a suit to enforce subsection (3) of this
Page 8, Line 9section, a plaintiff is not required to prove that a defendant
Page 8, Line 10intended to intimidate, threaten, or coerce any individual,
Page 8, Line 11except to prove an attempt to intimidate, threaten, or coerce. A
Page 8, Line 12court may nonetheless consider evidence of intent in determining the appropriate relief.
Page 8, Line 13(7) Exceptions.This section does not apply to an
Page 8, Line 14enforcement action taken pursuant to section 1-1-107 or
Page 8, Line 151-1.5-104, or to an enforcement action taken by a designated
Page 8, Line 16election official against an election judge for a violation of a
Page 8, Line 17statute, a rule promulgated by the secretary of state, or the election judge's oath.
Page 8, Line 18SECTION 3. Safety clause. The general assembly finds,
Page 8, Line 19determines, and declares that this act is necessary for the immediate
Page 8, Line 20preservation of the public peace, health, or safety or for appropriations for
Page 8, Line 21the support and maintenance of the departments of the state and state institutions.