House Bill 26-1023 Introduced

A Bill for an Act

• Page 1, Line 101Concerning clarification of a political party's liability for

• Page 1, Line 102certain accessibility requirements relating to ballot

• Page 1, Line 103access for persons with disabilities.

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.)

Under current law, the general assembly, the secretary of state, and each political party must ensure that it remains an option for a candidate in the state to access the ballot through the caucus process or any future alternative process that is accessible to persons with disabilities. A political party must also ensure that any person, upon request, is able to participate in a precinct caucus or a party assembly with the use of a video conferencing platform or alternative means of participation. The failure of any political party to make a reasonable effort to comply with these accessibility requirements constitutes discrimination on the basis of disability in a place of public accommodation.

The bill clarifies that these duties are duties of the state political party and that a person who is subjected to a violation of a state political party's duties regarding these accessibility requirements may file suit against the state political party. An individual, including a member of or volunteer for a political party, or a local political party may not be held liable for a violation of the state political party's duties regarding these accessibility requirements.

• Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:

• Page 2, Line 2SECTION 1.  In Colorado Revised Statutes, 1-1-116, amend (1),

• Page 2, Line 3(2), and (3) as follows:

• Page 2, Line 41-1-116.  Access to precinct caucus - party assembly.

• Page 2, Line 5(1)  The general assembly, the secretary of state, and each state

• Page 2, Line 6political party shall ensure that the caucus process or any future

• Page 2, Line 7alternative process by which candidates may access the ballot that is

• Page 2, Line 8accessible to persons with disabilities remains an option in the state.

• Page 2, Line 9(2) (a)  Notwithstanding any provision to the contrary, within six

• Page 2, Line 10months of August 7, 2024, any person who is eligible to participate

• Page 2, Line 11in accordance with the provisions of section 1-3-101, upon request,

• Page 2, Line 12must be able to participate in a precinct caucus or a party assembly with

• Page 2, Line 13the use of a video conferencing platform The political party holding the

• Page 2, Line 14caucus or assembly must allow participation with the use of a video

• Page 2, Line 15conferencing platform without requiring or requesting an explanation of

• Page 2, Line 16the need for the use of the video conferencing platform. It is in a state

• Page 2, Line 17political party's discretion to determine which video conferencing

• Page 2, Line 18platform will be used for precinct caucuses and party assemblies so long

• Page 2, Line 19as the platform is accessible to persons with disabilities. Each state

• Page 3, Line 1political party shall establish policies regarding the procedure and

• Page 3, Line 2timeline for a person to request to participate in a precinct caucus or a

• Page 3, Line 3party assembly with the use of a video conferencing platform.

• Page 3, Line 4(b)  The requirements of subsection (2)(a) of this section do not

• Page 3, Line 5apply when a precinct caucus or party assembly occurs in a geographic

• Page 3, Line 6location that is in an unserved area of the state, as defined in section

• Page 3, Line 740-15-102 (32); except that any person who is eligible to

• Page 3, Line 8participate in accordance with the provisions of section 1-3-101,

• Page 3, Line 9upon request, must be able to participate in such precinct caucus

• Page 3, Line 10or party assembly with the use of an alternative to a video

• Page 3, Line 11conferencing platform, such as a telephone conference call.

• Page 3, Line 12The alternative means of participation used in accordance with

• Page 3, Line 13this subsection (2)(b) must be accessible to persons with

• Page 3, Line 14disabilities.

• Page 3, Line 15(c)  A political party holding a precinct caucus or party assembly

• Page 3, Line 16that is exempt pursuant to subsection (2)(b) of this section from the

• Page 3, Line 17requirements of subsection (2)(a) of this section must allow participation

• Page 3, Line 18with the use of an alternative to a video conferencing platform, such as

• Page 3, Line 19a telephone conference call. The alternative means of participation used

• Page 3, Line 20by a political party in accordance with this subsection (2)(c) must be

• Page 3, Line 21accessible to persons with disabilities.

• Page 3, Line 22(d)  A state political party may require that a person request to

• Page 3, Line 23participate in a precinct caucus or a party assembly with the use of a video

• Page 3, Line 24conferencing platform, or an alternative to a video conferencing platform

• Page 3, Line 25as provided in subsection (2)(c) subsection (2)(b) of this section, not

• Page 3, Line 26more than thirty days in advance of the precinct caucus or party assembly.

• Page 3, Line 27(3)  The failure of any state political party to make a reasonable

• Page 4, Line 1effort to comply with the requirements of this section constitutes

• Page 4, Line 2discrimination on the basis of disability in violation of section 24-34-602

• Page 4, Line 3section 24-34-601. Any person who is subjected to a violation of this

• Page 4, Line 4section is entitled to seek all relief provided in section 24-34-602

• Page 4, Line 5against the state political party. An individual, including a

• Page 4, Line 6member of or volunteer for a political party, or a local

• Page 4, Line 7political party may not be held liable for a violation of this

• Page 4, Line 8section.

• Page 4, Line 9SECTION 2.  Safety clause. The general assembly finds,

• Page 4, Line 10determines, and declares that this act is necessary for the immediate

• Page 4, Line 11preservation of the public peace, health, or safety or for appropriations for

• Page 4, Line 12the support and maintenance of the departments of the state and state

• Page 4, Line 13institutions.