A Bill for an Act
Page 1, Line 101Concerning the administration of elections, and, in
Page 1, Line 102connection therewith, creating the Colorado Voting
Page 1, Line 103Rights Act and making an appropriation.
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 Colorado Voting Rights Act (act) and modifies certain election-related statutes in 4 areas:
- Election and voting statutes related to Indian tribes;
- Voting-related services for individuals with disabilities;
- Election-related language access; and
- Election-related data collection.
- Taking any action that results in or is intended to result in a material disparity between electors who are members of a protected race, color, or language minority group or other minority reporting group (protected class members) and other eligible electors in regard to voter participation, access to voting opportunities, or the opportunity or ability to participate in the political process (voter suppression);
- Enacting or employing any method of election that has the effect of, or is motivated in part by the intention of, disparately impairing the opportunity or ability of protected class members to participate in the political process, elect the candidates of their choice, or otherwise influence the outcome of elections (voter dilution); or
- Implementing, imposing, or enforcing a voting qualification or another prerequisite to voting based on an individual's actual or perceived gender identity, gender expression, or sexual orientation.
Creation of the act. The bill creates the act, which prohibits political subdivisions from:
An aggrieved individual or organization may file a civil suit alleging voter suppression, voter dilution, or an unlawful voting prerequisite based on gender identity, gender expression, or sexual orientation. The attorney general may investigate potential violations of the act and may file suit to enforce the act or may intervene in an aggrieved individual's or organization's civil suit.
Election and voting statutes related to Indian tribes. The bill clarifies provisions related to voter registration and election access for Indian tribes, including valid identification for registration purposes and the requirements for voter service and polling centers and ballot drop-off locations on Indian reservations.
Voting-related services for individuals with disabilities. The bill imposes a requirement on covered entities, defined as entities that provide state-funded services primarily to individuals with disabilities, to publicly display notices related to voting in advance of statewide general and primary elections.
Election-related language access. The bill expands existing requirements for the creation of multilingual ballots from only applying to qualifying counties to also applying to qualifying municipalities, based on the population or percentage of the voting-age population within the relevant jurisdiction who are minority language speakers and speak English less than very well.
Election-related data collection. The bill creates the statewide election database and information office (office) in the department of state. The office collects and maintains data related to elections, including demographics, election results, and voting information, which the office is required to make publicly available. After each election, political subdivisions are required to submit election-related information to the office. The office also provides assistance to political subdivisions, researchers, and members of the public related to the data it maintains, in addition to providing data to the attorney general for purposes of investigating potential violations of the act.
Page 3, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 3, Line 2SECTION 1. In Colorado Revised Statutes, 1-1-104, amend (19.5)(a)(XIII) as follows:
Page 3, Line 31-1-104. Definitions. As used in this code, unless the context otherwise requires:
Page 3, Line 4(19.5) (a) "Identification" means:
Page 3, Line 5(XIII) A valid identification card that is issued by a federally
Page 3, Line 6recognized tribal government, the bureau of Indian affairs, the
Page 3, Line 7Indian health service, or any other tribal or federal agency
Page 3, Line 8issuing identification certifying tribal membership and that
Page 3, Line 9includes an address in the state,regardless of whether the identification card contains a photograph; or
Page 3, Line 11SECTION 2. In Colorado Revised Statutes, add 1-1-117 as follows:
Page 3, Line 121-1-117. Voter access to primary elections and methods of
Page 3, Line 13selecting candidates for the general election.The general assembly,
Page 3, Line 14the secretary of state, and each political party shall ensure
Page 3, Line 15that primary elections or any future alternative process by
Page 3, Line 16which electors may select candidates for the general election
Page 3, Line 17includes a process for eligible electors to vote that does not
Page 4, Line 1require the elector to cast their vote in person and by which
Page 4, Line 2eligible electors not able to attend in person can participate to the same extent as those voting in person.
Page 4, Line 3SECTION 3. In Colorado Revised Statutes, 1-5-702, add (2.7) as follows:
Page 4, Line 41-5-702. Definitions. As used in this part 7, unless the context otherwise requires:
Page 4, Line 5(2.7) "Covered facility" means:
Page 4, Line 6(a) An adult day care facility, as defined in section 25.5-6-303 (1);
Page 4, Line 7(b) An alternative care facility, as defined in section 25.5-6-303 (3);
Page 4, Line 8(c) An assisted living residence, as defined in section 25-27-102 (1.3);
Page 4, Line 9(d) A community residential home, as defined in section 25.5-10-202 (5);
Page 4, Line 10(e) An intermediate nursing facility for persons with
Page 4, Line 11intellectual and developmental disabilities, as defined in section 25.5-4-103 (9);
Page 4, Line 12(f) A nursing facility, as defined in section 25.5-4-103 (14); or
Page 4, Line 13(g) A state-run psychiatric hospital or mental health
Page 4, Line 14institute operated by the department of human services created in section 26-1-105.
Page 4, Line 15SECTION 4. In Colorado Revised Statutes, add 1-5-707 as follows:
Page 4, Line 161-5-707. Voting notice required - covered entities. (1) A
Page 5, Line 1covered entity shall publicly display at least one notice in each building that it occupies and in which it serves clients.
Page 5, Line 2(2) The notice required by subsection (1) of this section must:
Page 5, Line 3(a) Include information on voter registration, voting rights, and voting-related accessibility accommodations;
Page 5, Line 4(b) Include contact information for the secretary of state accessibility coordinator;
Page 5, Line 5(c) Include contact information for requesting effective
Page 5, Line 6communication accommodations consistent with Title II of the
Page 5, Line 7federal "Americans with Disabilities Act of 1990", 42 U.S.C. sec. 12101 et seq.;
Page 5, Line 8(d) State that information concerning drop boxes and
Page 5, Line 9voter service and polling centers can be found on county election websites;
Page 5, Line 10(e) Be written in plain language; and
(f) Be available in alternate accessible formats.
Page 5, Line 11(3) A covered entity shall publicly display the notice
Page 5, Line 12required by subsection (1) of this section during the thirty days preceding a general or coordinated election.
Page 5, Line 14SECTION 5. In Colorado Revised Statutes, add article 47 to title 1 as follows:
Page 5, Line 15ARTICLE 47
Colorado Voting Rights Act
Page 5, Line 16PART 1
VOTING RIGHTS
Page 6, Line 11-47-101. Short title.This article 47 is known and may be cited as the "Colorado Voting Rights Act".
Page 6, Line 21-47-102. Legislative declaration. (1) The general assembly finds and declares that:
Page 6, Line 3(a) Electoral systems or practices that deny to race,
Page 6, Line 4color, or language minority groups an equal opportunity to
Page 6, Line 5elect candidates of their choice are inconsistent with the right
Page 6, Line 6to free and open elections as provided by section 5 of article II
Page 6, Line 7of the state constitution and protections found in the
Page 6, Line 8fourteenth and fifteenth amendments to the United States constitution;
Page 6, Line 9(b) Discrimination in voting is a persistent matter of
Page 6, Line 10statewide concern due to the history of discriminatory practices that create disparities that persist over time; and
Page 6, Line 11(c) Voter turnout is a matter of statewide concern and is
Page 6, Line 12more likely to be low in local elections that are not coordinated with statewide elections.
Page 6, Line 13(2) The general assembly further finds and declares that
Page 6, Line 14the prevention of discrimination in voting and voter turnout are matters of statewide concern.
Page 6, Line 15(3) Therefore, it is in the best interest of the state to
Page 6, Line 16create a state voting rights act that protects against
Page 6, Line 17discrimination in voting and that encourages local elections to be held in coordination with statewide elections.
Page 6, Line 181-47-103. Definitions.As used in this article 47, unless the
Page 6, Line 19context otherwise requires:
Page 7, Line 1(1) "Attorney general" means the attorney general, as
Page 7, Line 2defined in the state constitution, and the office of the attorney general.
Page 7, Line 3(2) "Ballot issue" has the same meaning as set forth in section 1-1-104 (2.3).
Page 7, Line 4(3) "Ballot question" has the same meaning as set forth in section 1-1-104 (2.7).
Page 7, Line 5(4) "Coordinated election" has the same meaning as set forth in section 1-1-104 (6.5).
Page 7, Line 6(5) "County" includes a city and county.
Page 7, Line 7(6) "Disability" has the same meaning as set forth in the
Page 7, Line 8federal "Americans with Disabilities Act of 1990", 42 U.S.C. sec. 12101, et seq.
Page 7, Line 10(7) "Drop box" has the same meaning as set forth in section 1-1-104 (9.7).
Page 7, Line 11(8) "Drop-off location" has the same meaning as set forth
Page 7, Line 12in section 1-1-104 (9.8). "Drop-off location" includes a ballot box
Page 7, Line 13as described in the "Colorado Municipal Election Code of 1965", article 10 of title 31.
Page 7, Line 14(9) "Elector" has the same meaning as set forth in section 1-1-104 (12).
Page 7, Line 15(10) "Eligible elector" has the same meaning as set forth in section 1-1-104 (16).
Page 7, Line 16(11) "Gender expression" has the same meaning as set
Page 7, Line 17forth in section 24-34-301 (9).
Page 8, Line 1(12) "Gender identity" has the same meaning as set forth in section 24-34-301 (10).
Page 8, Line 2(13) "General election" has the same meaning as set forth in section 1-1-104 (17).
Page 8, Line 3(14) "Language minority group" means individuals whose primary language is any language other than English.
Page 8, Line 4(15) "Material disparity" means a non-trivial difference.
Page 8, Line 5(16) "Method of election" means the method by which
Page 8, Line 6candidates are elected to the legislative body of the political subdivision.
Page 8, Line 7(17) "Municipality" has the same meaning as set forth in section 31-1-101 (6).
Page 8, Line 8(18) "Polarized voting" means voting in which there is a
Page 8, Line 9divergence in the candidate or political preferences, or
Page 8, Line 10electoral choices, of members in a protected class from the
Page 8, Line 11candidate or political preferences, or electoral choices, of other electors in the political subdivision.
Page 8, Line 12(19) "Political subdivision" means a statutory or home
Page 8, Line 13rule county, city and county, city, town, or municipality.
Page 8, Line 14"Political subdivision" does not include a school district or special district.
Page 8, Line 15(20) "Polling location" has the same meaning as set forth in section 1-1-104 (27.5).
Page 8, Line 16(21) "Precinct" has the same meaning as set forth in section 1-1-104 (30).
Page 8, Line 17(22) "Primary election" has the same meaning as set forth
Page 8, Line 18in section 1-1-104 (32).
Page 9, Line 1(23) "Protected class" means a class of electors who are
Page 9, Line 2members of one or more racial, color, or language minority groups, including:
Page 9, Line 3(a) A racial, color, or language minority group as
Page 9, Line 4referenced in the federal "Voting Rights Act of 1965", 52 U.S.C. sec. 10301, et seq.; and
Page 9, Line 5(b) A minimum reporting category that has been officially
Page 9, Line 6recognized or considered through notice and comment by the United States census bureau.
Page 9, Line 7(24) "Sexual orientation" has the same meaning as set forth in section 24-34-301 (24).
Page 9, Line 8(25) "Voter service and polling center" has the same meaning as set forth in section 1-1-104 (50.5).
Page 9, Line 91-47-104. Liberal construction.This article 47 must be liberally construed to effectuate its purpose and to:
Page 9, Line 10(1) Protect the right to cast a ballot and make the ballot valid;
Page 9, Line 11(2) Ensure eligible individuals seeking voter registration are not impaired in being registered;
Page 9, Line 12(3) Ensure eligible electors are not impaired in voting, including but not limited to having their votes counted;
Page 9, Line 13(4) Make the fundamental right to vote more accessible to eligible electors; and
Page 9, Line 14(5) Ensure, for members of protected classes, equitable access to opportunities to be registered to vote and to vote.
Page 9, Line 151-47-105. Prohibition on voter suppression.A political
Page 9, Line 16subdivision shall not act in a manner that results in, will result
Page 10, Line 1in, or is intended to result in a material disparity between
Page 10, Line 2members of a protected class and other eligible electors in
Page 10, Line 3regard to voter participation, access to voting opportunities, or the opportunity or ability to participate in the political process.
Page 10, Line 51-47-106. Prohibition on voter dilution. (1) A political
Page 10, Line 6subdivision shall not enact or employ any method of election
Page 10, Line 7that has the effect of, or is motivated in part by the intention of,
Page 10, Line 8disparately impairing the opportunity or ability of members of
Page 10, Line 9a protected class to elect the candidates of their choice or
Page 10, Line 10otherwise influence the outcome of elections as a result of diluting the vote of members of that protected class.
Page 10, Line 11(2) A violation of this section occurs when:
Page 10, Line 12(a) (I) Elections in the political subdivision exhibit
Page 10, Line 13polarized voting that disparately impairs the equal opportunity
Page 10, Line 14or ability of members of a protected class to nominate or elect the candidates of their choice; or
Page 10, Line 15(II) Based on the totality of the circumstances, the equal
Page 10, Line 16opportunity or ability of members of a protected class to
Page 10, Line 17nominate or elect the candidates of their choice is disparately impaired; and
Page 10, Line 18(b) One or more new methods of election or changes to the
Page 10, Line 19existing election method exist that would likely mitigate the
Page 10, Line 20disparate impairment described in subsection(2)(a)(I) or (2)(a)(II)of this section.
Page 11, Line 11-47-107. Prohibition on voting prerequisites based on gender
Page 11, Line 2identity, gender expression, or sexual orientation.A political
Page 11, Line 3subdivision shall not implement, impose, or enforce a
Page 11, Line 4qualification for eligibility to be an elector or another
Page 11, Line 5prerequisite to voting based on an individual's actual or
Page 11, Line 6perceived gender identity, gender expression, or sexual orientation.
Page 11, Line 71-47-108. Prohibition on additional voting prerequisites based
Page 11, Line 8on confinement in local jail. (1) A political subdivision shall not
Page 11, Line 9implement, impose, or enforce an additional qualification for
Page 11, Line 10eligibility to be an elector or another prerequisite to voting
Page 11, Line 11based on an individual's confinement to a local jail, as defined in section 17-1-102 (7).
Page 11, Line 12(2) Nothing in this section affects the existing
Page 11, Line 13qualifications for eligibility as described in sections 1-2-103 (4) and 31-10-201 (3).
Page 11, Line 14PART 2
ENFORCEMENT OF VOTING RIGHTS
Page 11, Line 151-47-201. Enforcement of voting rights act - civil action -
Page 11, Line 16attorney general powers - priority on court calendar. (1) (a) An
Page 11, Line 17aggrieved person may bring a civil action alleging a violation
Page 11, Line 18of section 1-47-105, 1-47-106, 1-47-107, or 1-47-108. The aggrieved
Page 11, Line 19person may file suit in the district court for the judicial district
Page 11, Line 20where the alleged violation occurred or in the Denver district court.
Page 11, Line 21(b) An aggrieved person that may bring suit pursuant to
Page 11, Line 22subsection (1)(a) of this section includes:
(I) An individual;
Page 12, Line 1(II) An organization whose membership includes or is likely to include aggrieved individuals;
Page 12, Line 2(III) An organization whose mission would be frustrated
Page 12, Line 3by a violation of section 1-47-105, 1-47-106, 1-47-107, or 1-47-108; and
Page 12, Line 4(IV) An organization that would be required to expend
Page 12, Line 5additional resources to fulfill its mission as a result of a violation of section 1-47-105, 1-47-106, 1-47-107, or 1-47-108.
Page 12, Line 6(2) (a) To enforce this article 47, the attorney general may:
Page 12, Line 7(I) Bring a civil action pursuant to subsection (1)(a) of this section; or
Page 12, Line 8(II) Intervene in a civil action brought by an aggrieved person pursuant to subsection (1)(a) of this section.
Page 12, Line 9(b) To enforce this article 47, the attorney general may
Page 12, Line 10conduct investigations and issue civil investigation demands related to potential violations of this article 47.
Page 12, Line 11(3) A civil action brought pursuant to this section
Page 12, Line 12receives preference over other civil causes and must be heard
Page 12, Line 13and determined in preference to other civil business, regardless of position on the calendar.
Page 12, Line 14(4) The state is a necessary party in any action in which an
Page 12, Line 15alleged violation is based on a political subdivision's
Page 12, Line 16implementation of the "Uniform Election Code of 1992", if the
Page 12, Line 17applicable state law does not afford discretion to the political
Page 12, Line 18subdivision in its implementation of such law.
Page 13, Line 11-47-202. Notification letter - when required. (1) (a) Except
Page 13, Line 2as provided in subsection (2) of this section, before bringing a
Page 13, Line 3civil action against a political subdivision pursuant to section
Page 13, Line 41-47-201, an aggrieved person or the attorney general shall
Page 13, Line 5send by certified mail a notification letter to the political
Page 13, Line 6subdivision informing the political subdivision that it may be in
Page 13, Line 7violation of this article 47 and including details of the alleged
Page 13, Line 8violation.The notification letter must specify the violation or
Page 13, Line 9violations alleged and must contain a statement of facts to support such allegation.
Page 13, Line 10(b) An aggrieved person or the attorney general must
Page 13, Line 11wait sixty calendar days after sending the notification letter
Page 13, Line 12required by subsection (1)(a) of this section to bring a civil
Page 13, Line 13action against a political subdivision pursuant to section
Page 13, Line 141-47-201; except that, if a political subdivision adopts a
Page 13, Line 15resolution pursuant to section 1-47-203, an aggrieved person or
Page 13, Line 16the attorney general must wait ninety calendar days after the
Page 13, Line 17passage of the resolution to bring a civil action against the
Page 13, Line 18political subdivision, or if the solution identified in the
Page 13, Line 19resolution pursuant to section 1-47-203 (2) requires an election
Page 13, Line 20in the political subdivision, the aggrieved person or the
Page 13, Line 21attorney general must wait one hundred eighty calendar days
Page 13, Line 22after the passage of the resolution to bring a civil action against the political subdivision.
Page 13, Line 23(2) An aggrieved person or the attorney general may
Page 13, Line 24bring a civil action against a political subdivision pursuant to
Page 13, Line 25section 1-47-201 without first sending the notification letter required by subsection (1)(a) of this section if:
Page 14, Line 2(a) The aggrieved person or the attorney general is seeking preliminary relief pursuant to section 1-47-206 (1); or
Page 14, Line 3(b) A different aggrieved person or the attorney general
Page 14, Line 4previously sent a notification letter required by subsection
Page 14, Line 5(1)(a) of this section to the political subdivision that identified
Page 14, Line 6a substantially similar alleged violation of this article 47,
Page 14, Line 7sixty calendar days have passed since that notification letter
Page 14, Line 8was sent, and the political subdivision has not adopted a resolution providing for a solution to the alleged violation.
Page 14, Line 91-47-203. Political subdivision resolution - remedy for
Page 14, Line 10violation of Colorado Voting Rights Act - agreement with aggrieved
Page 14, Line 11person - definition. (1) As used in this section, unless the context
Page 14, Line 12otherwise requires, "resolution" means a resolution of a
Page 14, Line 13political subdivision that meets the requirements described in subsection (2)(b) of this section.
Page 14, Line 14(2) (a) After receiving a notification letter sent pursuant
Page 14, Line 15to section 1-47-202, the governing body of a political subdivision
Page 14, Line 16may adopt a resolution providing for a solution to the alleged
Page 14, Line 17violation of this article 47 as identified in the notification letter.
Page 14, Line 18(b) A resolution must:
Page 14, Line 19(I) Specifically identify the alleged violation of this article 47;
Page 14, Line 20(II) Identify a specific proposed solution to the violation
Page 14, Line 21alleged in the notification letter;
Page 15, Line 1(III) Affirm the intention of the political subdivision to
Page 15, Line 2enact and implement a solution to the identified alleged violation;
Page 15, Line 3(IV) Outline specific measures that the political
Page 15, Line 4subdivision will take to enact and implement the identified solution; and
Page 15, Line 5(V) Establish a schedule for enactment and implementation of the identified solution.
Page 15, Line 6(c) The adoption of a resolution does not constitute an
Page 15, Line 7admission by the political subdivision of any liability under this article 47.
Page 15, Line 8(3) (a) If a political subdivision adopts a resolution, the
Page 15, Line 9political subdivision shall implement the identified solution
Page 15, Line 10within ninety calendar days after the passage of the resolution;
Page 15, Line 11except that, if the identified solution requires an election in the
Page 15, Line 12political subdivision, the political subdivision shall implement
Page 15, Line 13the identified solution within one hundred eighty calendar days after the passage of the resolution.
Page 15, Line 14(b) (I) Within thirty days after the implementation of the
Page 15, Line 15identified solution, an aggrieved person who sent the
Page 15, Line 16notification letter that prompted the solution may demand
Page 15, Line 17reimbursement for the cost of the work product generated to support the notification letter.
Page 15, Line 18(II) An aggrieved person shall make the demand for
Page 15, Line 19reimbursement in writing and shall substantiate the demand
Page 15, Line 20with financial documentation, such as a detailed invoice for
Page 15, Line 21demography services or for the analysis of voting patterns in
Page 16, Line 1the political subdivision. A political subdivision may request
Page 16, Line 2additional documentation if the provided documentation is insufficient to corroborate the claimed costs.
Page 16, Line 3(III) A political subdivision shall reimburse an aggrieved
Page 16, Line 4person as described in this subsection (3)(b) for reasonable costs
Page 16, Line 5claimed or in an amount to which the political subdivision and
Page 16, Line 6the aggrieved person mutually agree. A political subdivision or
Page 16, Line 7an aggrieved person may file a declaratory judgment action to
Page 16, Line 8obtain a clarification of their rights under this subsection(3)(b).
Page 16, Line 9(c) If a provision of law would preclude implementation or
Page 16, Line 10enactment of the solution identified in the resolution to resolve
Page 16, Line 11the alleged violation, the political subdivision that adopted the
Page 16, Line 12resolution may file a petition in district court seeking specific
Page 16, Line 13authority to implement the identified solution. A district court
Page 16, Line 14may grant approval or authority to implement the identified
Page 16, Line 15solution upon a political subdivision's petition that identifies
Page 16, Line 16with specificity the statute or other authority that prevents
Page 16, Line 17the political subdivision from enacting or implementing the identified solution.
Page 16, Line 18(4) If an aggrieved person or the attorney general
Page 16, Line 19determines that the solution identified in the resolution does
Page 16, Line 20not remedy the alleged violation identified in the notification
Page 16, Line 21letter sent pursuant to section 1-47-202, an aggrieved person or
Page 16, Line 22the attorney general may bring a civil action against the political subdivision pursuant to section 1-47-201.
Page 16, Line 231-47-204. Prima facie case - voter suppression. (1) (a) An
Page 17, Line 1aggrieved person or the attorney general bringing a civil action
Page 17, Line 2against a political subdivision pursuant to section 1-47-201that
Page 17, Line 3alleges a violation of section 1-47-105 establishes a prima facie
Page 17, Line 4case of voter suppression if the person shows, by a
Page 17, Line 5preponderance of the evidence, that the challenged action
Page 17, Line 6results in, will result in, or is intended to result in a material
Page 17, Line 7disparity between members of a protected class and other
Page 17, Line 8eligible electors in regard to voter participation, access to
Page 17, Line 9voting opportunities, or the opportunity or ability to participate in the political process.
Page 17, Line 10(b) If the aggrieved person or the attorney general
Page 17, Line 11establishes a prima facie case of voter suppression as described
Page 17, Line 12in subsection (1)(a) of this section, the burden shifts to the
Page 17, Line 13political subdivision to demonstrate by clear and convincing
Page 17, Line 14evidence that the challenged action is necessary to further an important, particularized governmental interest.
Page 17, Line 15(c) If the political subdivision meets its burden as
Page 17, Line 16described in subsection (1)(b) of this section, the challenged
Page 17, Line 17action may nonetheless be held invalid if the aggrieved person
Page 17, Line 18or the attorney general demonstrates by a preponderance of
Page 17, Line 19the evidence that the political subdivision could comparably
Page 17, Line 20further the identified important, particularized governmental
Page 17, Line 21interest through an alternative policy that results in a smaller
Page 17, Line 22disparity between members of a protected class and other eligible electors.
Page 17, Line 231-47-205. Factors in determining voter dilution. (1) (a) In
Page 17, Line 24determining whether a challenged method of election exhibits
Page 18, Line 1polarized voting for purposes of section 1-47-106(2)(a)(I), a court:
Page 18, Line 2(I) Shall determine the presence of polarized voting based
Page 18, Line 3only on the combined electoral preferences of the groups
Page 18, Line 4comprising the protected class, as defined in the complaint.
Page 18, Line 5There is no requirement to show that each group or any
Page 18, Line 6subgroup within a protected class is separately polarized from other eligible electors.
Page 18, Line 7(II) Shall not consider the causes of or reasons for
Page 18, Line 8polarized voting, including partisan explanations or discriminatory intent;
Page 18, Line 9(III) May find a violation of section 1-47-106 based on any number or combination of elections, including one election; and
Page 18, Line 10(IV) May consider analyses of relevant election results, including but not limited to:
Page 18, Line 11(A) Elections for offices of the political subdivision;
Page 18, Line 12(B) Elections held in the political subdivision for other offices, such as state or federal offices;
Page 18, Line 13(C) Ballot issues or questions; or
Page 18, Line 14(D) Other electoral choices that bear on the rights and privileges of the protected class.
Page 18, Line 15(b) The following do not preclude a finding that a violation of section 1-47-106 exists:
Page 18, Line 16(I) Evidence of nonpolarized voting in elections for offices outside the political subdivision;
Page 18, Line 17(II) Nonstatistical or nonquantitative evidence of
Page 18, Line 18nonpolarized voting, where allegations of polarized voting are based on quantitative or statistical evidence; or
Page 19, Line 1(III) Low turnout or registration rates among members of a protected class.
Page 19, Line 2(2) (a) In determining whether, based on the totality of
Page 19, Line 3the circumstances, the equal opportunity or ability of members
Page 19, Line 4of a protected class to nominate or elect the candidates of
Page 19, Line 5their choice is disparately impaired for purposes of section 1-47-106(2)(a)(II),a court may consider the following factors:
Page 19, Line 6(I) The history of discrimination affecting members of the protected class;
Page 19, Line 7(II) The extent to which members of the protected class
Page 19, Line 8are disadvantaged or otherwise bear the effects of public or
Page 19, Line 9private discrimination in areas that may hinder their ability to
Page 19, Line 10participate effectively in the political process, including
Page 19, Line 11education, employment, health, criminal justice, housing, transportation, land use, or environmental protection;
Page 19, Line 12(III) The extent to which members of the protected class vote at lower rates than other eligible electors;
Page 19, Line 13(IV) The extent to which members of the protected class
Page 19, Line 14contribute money to political campaigns or political causes at lower rates than other individuals;
Page 19, Line 15(V) The extent to which members of the protected class have been elected to office in the political subdivision;
Page 19, Line 16(VI) The extent to which candidates who are members of
Page 19, Line 17the protected class have faced barriers with respect to
Page 19, Line 18accessing the ballot, receiving financial support, or receiving
Page 19, Line 19other support for an election;
Page 20, Line 1(VII) The extent to which candidates face hostility or
Page 20, Line 2barriers while campaigning on account of their membership in the protected class; and
Page 20, Line 3(VIII) The use of overt or subtle racial appeals in
Page 20, Line 4political campaigns in the political subdivision or surrounding adoption or maintenance of the challenged method of election.
Page 20, Line 5(b) None of the factors described in subsection (2)(a) of
Page 20, Line 6this section are dispositive or necessary to establish the
Page 20, Line 7existence of a violation of section 1-47-106 and no specified
Page 20, Line 8number or combination of factors is required to establish a violation of section 1-47-106.
Page 20, Line 9(3) Whether members of a protected class typically elect
Page 20, Line 10candidates of their choice to the relevant governing body in
Page 20, Line 11approximate proportion to their total number or share of the
Page 20, Line 12population may be relevant to finding a violation of section 1-47-106 and determining an appropriate remedy.
Page 20, Line 13(4) The fact that members of a protected class are not
Page 20, Line 14geographically compact or concentrated does not preclude
Page 20, Line 15finding a violation of section 1-47-106, but may be considered in determining an appropriate remedy for a violation.
Page 20, Line 161-47-206. Remedy for violation of Colorado Voting Rights Act
Page 20, Line 17- preliminary relief - award of costs and fees. (1) (a) An aggrieved
Page 20, Line 18person that brings a civil action against a political subdivision
Page 20, Line 19pursuant to section 1-47-201, or the attorney general, may seek
Page 20, Line 20preliminary relief concerning an upcoming election held in the
Page 20, Line 21political subdivision if the civil action is brought within the
Page 20, Line 22one-hundred-twenty-day period prior to the election.
Page 21, Line 1(b) A court of competent jurisdiction hearing a civil
Page 21, Line 2action filed pursuant to section 1-47-201 that seeks preliminary
Page 21, Line 3relief pursuant to subsection (1)(a) of this section shall grant preliminary relief if the court determines that:
Page 21, Line 4(I) The aggrieved person or the attorney general is reasonably likely to succeed on the merits;
Page 21, Line 5(II) There is a danger of immediate and irreparable injury,
Page 21, Line 6loss, or damage that may be prevented by granting preliminary relief; and
Page 21, Line 7(III) An appropriate remedy to the alleged violation can
Page 21, Line 8be implemented prior to the election in a manner that will not unduly disrupt the election.
Page 21, Line 9(2) (a) If a court of competent jurisdiction hearing a civil
Page 21, Line 10action filed pursuant to section 1-47-201 finds a violation of this
Page 21, Line 11article 47, the court shall order appropriate remedies that are tailored to address the violation.
Page 21, Line 12(b) The court shall consider remedies proposed by a party
Page 21, Line 13and may consider remedies proposed by interested nonparties.
Page 21, Line 14The court shall not provide deference or priority to a remedy proposed by a defendant or political subdivision.
Page 21, Line 15(c) In determining an appropriate remedy, the court shall
Page 21, Line 16consider how disruptive the remedy will be to state law, the
Page 21, Line 17uniform conduct of general, primary, or coordinated elections
Page 21, Line 18or an imminent municipal election, and the operations of the political subdivision.
Page 21, Line 19(d) If a provision of law would preclude an otherwise
Page 21, Line 20appropriate remedy, the court may nonetheless order a political
Page 22, Line 1subdivision to implement the remedy that is inconsistent with the provision of law.
Page 22, Line 2(e) A remedy ordered by a court must not impede a
Page 22, Line 3political subdivision's or the state's ability to verify voter
Page 22, Line 4identity on mail ballot envelopes according to applicable
Page 22, Line 5procedures set forth in the "Uniform Election Code of 1992", the
Page 22, Line 6"Colorado Municipal Election Code of 1965", and rules adopted by the secretary of state.
Page 22, Line 7(3) If a court of competent jurisdiction hearing a civil
Page 22, Line 8action filed pursuant to section 1-47-201 finds a violation of this
Page 22, Line 9article 47, the court may award reasonable attorney fees and
Page 22, Line 10costs to the prevailing party; except that, if a political
Page 22, Line 11subdivision is the prevailing party, the court may not award fees or costs unless the court finds the civil action to be frivolous.
Page 22, Line 121-47-207. Attorney general enforcement.Enforcement by the
Page 22, Line 13attorney general of this article 47 or related legal actions are
Page 22, Line 14brought solely at the attorney general's discretion on behalf
Page 22, Line 15of the state. Actions brought by the attorney general pursuant
Page 22, Line 16to this article 47 are brought under the attorney general's own authority and not on behalf of the secretary of state.
Page 22, Line 17PART 3
STATEWIDE ELECTION INFORMATION
Page 22, Line 191-47-301. Election data collection and maintenance.
Page 22, Line 20(1) (a) The secretary of state shall collect and maintain the following data in an electronic format:
Page 22, Line 21(I) Annual estimates of total population, voting age
Page 23, Line 1population, and citizen voting age population by race, ethnicity,
Page 23, Line 2language minority group, and disability status for each
Page 23, Line 3political subdivision, which are specified at the precinct level,
Page 23, Line 4if available, or the district or county level and which are based
Page 23, Line 5on information from the United States census bureau, including
Page 23, Line 6from the American community survey, or information of
Page 23, Line 7comparable quality collected by a public entity. The
Page 23, Line 8department of local affairs, created in section 24-1-125, shall
Page 23, Line 9annually provide the required estimates to the secretary of
Page 23, Line 10state. The secretary of state's office shall, to the extent that
Page 23, Line 11such data exists, annually provide the department of local
Page 23, Line 12affairs with voting precinct boundaries in the form that such data exists.
Page 23, Line 13(II) Election results at the precinct level, if any, for state and political subdivision elections; and
Page 23, Line 15(III) Geocoded locations of voter service and polling
Page 23, Line 16centers, polling locations, ballot drop boxes, and ballot
Page 23, Line 17drop-off locations for each election in each political
Page 23, Line 18subdivision, if available, in addition to the number of days and
Page 23, Line 19hours that each voter service and polling center, polling location, or ballot drop-off location is open.
Page 23, Line 21(b) The secretary of state shall retain the data described
Page 23, Line 22in subsection (1)(a) of this section for the length of time that it
Page 23, Line 23is available or the preceding twelve years and shall maintain
Page 23, Line 24the data on as current a basis as is possible.
Page 24, Line 1(c) The secretary of state shall make the data
Page 24, Line 2described in subsection (1)(a) of this section available on the
Page 24, Line 3secretary of state's website in an accessible and appropriate
Page 24, Line 4electronic format; except that personally identifiable voter
Page 24, Line 5information that is not publicly available is not published and accessible.
Page 24, Line 61-47-302. Submission of election data by political subdivisions.
Page 24, Line 7(1) After the certification of an election of any political
Page 24, Line 8subdivision, the entity responsible for administering the election
Page 24, Line 9shall submit to the secretary of state the following
Page 24, Line 10information in an accessible and appropriate format as determined by the secretary of state:
Page 24, Line 11(a) Election results, specified at the precinct level if available; and
(b) Election district and precinct boundaries, if available.
Page 24, Line 13(2) The entity responsible for administering the election
Page 24, Line 14is not required to submit information described in subsection (1)
Page 24, Line 15of this section if the secretary of state is already in possession of the information.
Page 24, Line 16(3) The secretary of state shall make the information
Page 24, Line 17described in subsection (1) of this section available on the
Page 24, Line 18secretary of state's website in an accessible and appropriate electronic format.
Page 24, Line 19(4) The secretary of state shall provide adequate
Page 24, Line 20technological security measures to prevent unauthorized
Page 24, Line 21access to voter-related records and shall establish adequate
Page 25, Line 1and reasonable technological security requirements for the exchange or transfer of data.
Page 25, Line 3SECTION 6. In Colorado Revised Statutes, 24-31-101, amend (1)(i)(XXII) and (1)(i)(XXIII); and add (1)(i)(XXIV) as follows:
Page 25, Line 424-31-101. Powers and duties of attorney general. (1) The attorney general:
Page 25, Line 5(i) May independently initiate and bring civil and criminal actions to enforce state laws, including actions brought pursuant to:
Page 25, Line 6(XXII) Part 14 of article 12 of title 38;
and(XXIII) Section 24-34-806; and
Page 25, Line 7(XXIV) The "Colorado Voting Rights Act", article 47 of title 1.
Page 25, Line 8SECTION 7. In Colorado Revised Statutes, add part 16 to article 10 of title 31 as follows:
Page 25, Line 9PART 16
MULTILINGUAL BALLOT ACCESS
Page 25, Line 1031-10-1601. Legislative declaration - intent. (1) The general assembly finds and declares that:
Page 25, Line 11(a) Congress enacted the language minority provisions of
Page 25, Line 12the federal "Voting Rights Act of 1965" because "through the
Page 25, Line 13use of various practices and procedures, citizens of language
Page 25, Line 14minorities have been effectively excluded from participation in the electoral process...";
Page 25, Line 15(b) Based on the 2023 five-year estimates specified in the
Page 25, Line 16United States bureau of the census American community survey,
Page 25, Line 17there are one hundred twenty-three thousand six hundred
Page 26, Line 1fifty-seven eligible electors in Colorado who speak English
Page 26, Line 2"less than very well". As of the 2024 general election, an
Page 26, Line 3estimated one hundred five thousand four hundred eighty-four
Page 26, Line 4of those eligible electors live within a county that is covered by
Page 26, Line 5the multilingual ballot requirements of House Bill 21-1011,
Page 26, Line 6enacted in 2021. Out of an estimated one hundred thirty-one
Page 26, Line 7municipalities that exist wholly or partially in a covered
Page 26, Line 8county, an estimated fifty-eight municipalities coordinate their
Page 26, Line 9elections with the county and electors receive multilingual
Page 26, Line 10ballot access. The estimated remaining seventy-three
Page 26, Line 11municipalities hold elections independently and the ability for
Page 26, Line 12electors to access minority language ballots is contingent on the municipality independently offering these resources.
Page 26, Line 13(c) By passing House Bill 21-1011, the general assembly
Page 26, Line 14expanded minority language ballot access beyond federal
Page 26, Line 15requirements to cover additional counties and declared that
Page 26, Line 16ensuring Colorado citizens have access to multilingual ballots is a matter of statewide concern;
Page 26, Line 17(d) For electors in counties covered by the requirements
Page 26, Line 18of House Bill 21-1011, however, the ability to vote with a
Page 26, Line 19minority language ballot in a municipal election is contingent
Page 26, Line 20on whether the municipality aligns its election with a county,
Page 26, Line 21unless the municipality independently offers access to a
Page 26, Line 22multilingual ballot, and electors should not be denied access
Page 26, Line 23to a multilingual ballot that they would otherwise have access to; and
Page 26, Line 24(e) Colorado again has an opportunity to make the ballot
Page 27, Line 1accessible to more eligible electors and provide them with
Page 27, Line 2meaningful access by expanding minority language ballot
Page 27, Line 3access beyond federal requirements and those enacted in House Bill 21-1011.
Page 27, Line 4(2) The general assembly further finds and declares that the intent of this part 16 is to:
Page 27, Line 5(a) Ensure minority language ballot access for electors
Page 27, Line 6in municipalities that are wholly or partially in counties covered by the requirements of House Bill 21-1011; and
Page 27, Line 7(b) Expand minority language ballot access without
Page 27, Line 8changing or reducing the existing responsibilities pursuant to
Page 27, Line 9section 203 of the "Voting Rights Act of 1965" and part 9 of article 5 of title 1.
Page 27, Line 1031-10-1602. Definitions.As used in this part 16, unless the context otherwise requires:
Page 27, Line 11(1) "Minority language ballot" means a ballot that is
Page 27, Line 12fully translated into a language other than English. The
Page 27, Line 13content of a "minority language ballot" may be in only a
Page 27, Line 14language other than English or both English and a language other than English.
Page 27, Line 15(2) "Minority language sample ballot" means a document
Page 27, Line 16that is available to qualified electors to help them prepare for
Page 27, Line 17an election that contains all candidates, questions, and
Page 27, Line 18instructions for voting, and is fully translated into a language other than English.
Page 27, Line 19(3) "Qualified translator" means a translator who is
Page 27, Line 20determined by the secretary of state to:
Page 28, Line 1(a) Be screened and tested for proficiency in both written
Page 28, Line 2English and the target language with affiliation or
Page 28, Line 3accreditation by a nationally recognized association of
Page 28, Line 4translators or have other credentials or certifications that
Page 28, Line 5are comparable to or exceed the standards used by a nationally recognized association of translators; and
Page 28, Line 6(b) Produce translations that are linguistically
Page 28, Line 7accurate, culturally appropriate, and technically consistent with the original documents.
Page 28, Line 831-10-1603. Multilingual ballot access - general provisions -
Page 28, Line 9requirements of secretary of state - clerks.A clerk is required to
Page 28, Line 10provide multilingual ballot access by creating a minority
Page 28, Line 11language sample ballot pursuant to section 31-10-1604 and
Page 28, Line 12providing an in-person minority language ballot pursuant to
Page 28, Line 13section 31-10-1605 if the municipality exists partially or wholly
Page 28, Line 14within a county covered by the multilingual ballot
Page 28, Line 15requirements of section 1-5-905 (1) and the municipality has a population of at least three thousand people.
Page 28, Line 1631-10-1604. Minority language sample ballots - clerks - mail
Page 28, Line 17ballot elections. (1) The clerk of any municipality that satisfies
Page 28, Line 18the criteria specified in section 31-10-1603 shall create a
Page 28, Line 19minority language sample ballot in any minority language for
Page 28, Line 20which a minority language sample ballot is required pursuant
Page 28, Line 21to section 1-5-906 for the county in which the municipality partially or wholly exists.
Page 28, Line 22(2) The minority language sample ballot must include all
Page 28, Line 23of the same content that is on the English language ballot.
Page 29, Line 1(3) A clerk who is required to create a minority language
Page 29, Line 2sample ballot in one or more minority languages pursuant to
Page 29, Line 3this section shall provide the minority language sample ballot for any municipal election held on or after January 1, 2027.
Page 29, Line 4(4) The clerk shall make the minority language sample
Page 29, Line 5ballot available and accessible to electors on the
Page 29, Line 6municipality's website and at polling places municipality-wide,
Page 29, Line 7if used. For an election using mail ballots, the clerk shall
Page 29, Line 8notify all active eligible electors in the municipality via the
Page 29, Line 9mail ballot packet and in each language in which a minority
Page 29, Line 10language sample ballot will be created that a minority language sample ballot is available.
Page 29, Line 11(5) The clerk shall ensure that the translation provided
Page 29, Line 12for the minority language sample ballot is performed by one or more qualified translators.
Page 29, Line 1331-10-1605. In-person minority language ballot - clerks -
Page 29, Line 14polling places. (1) The clerk of any municipality that satisfies the
Page 29, Line 15criteria specified in section 31-10-1603 shall ensure that at least
Page 29, Line 16one publicly accessible location in the municipality is equipped
Page 29, Line 17to provide, upon the request of a qualified elector, an in-person
Page 29, Line 18minority language ballot in any minority language for which a
Page 29, Line 19minority language ballot is required pursuant to section 1-5-906
Page 29, Line 20for the county in which the municipality partially or wholly
Page 29, Line 21exists. If the municipality establishes a polling place for an
Page 29, Line 22election, the clerk shall ensure that the polling place is
Page 29, Line 23equipped to provide, upon the request of a voter, an in-person
Page 29, Line 24minority language ballot.
Page 30, Line 1(2) An in-person minority language ballot option must be
Page 30, Line 2a ballot on demand, a ballot from a printed stock of ballots, or
Page 30, Line 3a ballot via a voting device and must include all of the same content that is on the English language ballot.
Page 30, Line 4(3) A clerk who is required to provide an in-person
Page 30, Line 5minority language ballot option in one or more minority
Page 30, Line 6languages pursuant to this section shall provide an in-person
Page 30, Line 7minority language ballot option for any municipal election held on or after January 1, 2027.
Page 30, Line 8(4) For an election using mail ballots, the clerk shall
Page 30, Line 9notify all active eligible electors in the municipality via the
Page 30, Line 10mail ballot packet and in each language in which the in-person
Page 30, Line 11minority language ballot option will be available that electors
Page 30, Line 12may request an in-person minority language ballot and where the elector may request the in-person minority language ballot.
Page 30, Line 1331-10-1606. Coordination with counties.Municipalities may
Page 30, Line 14coordinate elections with counties to collaborate on complying
Page 30, Line 15with the multilingual ballot requirements of this part 16 and part 9 of article 5 of title 1.
Page 30, Line 16SECTION 8. Appropriation. (1) For the 2025-26 state fiscal
Page 30, Line 17year, $75,432 is appropriated to the department of state for use by the
Page 30, Line 18elections division. This appropriation is from the department of state cash
Page 30, Line 19fund created in section 24-21-104 (3)(b), C.R.S. To implement this act, the division may use this appropriation as follows:
Page 30, Line 20(a) $60,812 for personal services, which amount is based on an assumption that the division will require an additional 1.0 FTE; and
Page 30, Line 21(b) $14,620 for operating expenses.
Page 31, Line 1SECTION 9. Act subject to petition - effective date -
Page 31, Line 2applicability. (1) This act takes effect at 12:01 a.m. on the day following
Page 31, Line 3the expiration of the ninety-day period after final adjournment of the
Page 31, Line 4general assembly; except that, if a referendum petition is filed pursuant
Page 31, Line 5to section 1 (3) of article V of the state constitution against this act or an
Page 31, Line 6item, section, or part of this act within such period, then the act, item,
Page 31, Line 7section, or part will not take effect unless approved by the people at the
Page 31, Line 8general election to be held in November 2026 and, in such case, will take
Page 31, Line 9effect on the date of the official declaration of the vote thereon by the governor.
Page 31, Line 10(2) This act applies to elections and election-related activities occurring on or after January 1, 2026.