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.
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 issued by a federally recognized
Page 3, Line 6tribal government, the bureau of Indian affairs, the Indian health
Page 3, Line 7service, or any other tribal or federal agency issuing
Page 3, Line 8identification certifying tribal membership, regardless of whether
Page 3, Line 9the identification card contains a photograph or residential address of the elector; or
Page 3, Line 10SECTION 2. In Colorado Revised Statutes, 1-2-203, amend (2) as follows:
Page 3, Line 111-2-203. Registration on Indian reservations. (2) An eligible
Page 3, Line 12elector who lives on an Indian reservation, but who does not have a
Page 3, Line 13residence address recognized by the United States postal service, may
Page 3, Line 14register to vote using, as
his or herPage 3, Line 15address of the tribal council headquarters or any other address approved
Page 3, Line 16by the secretary of the tribal council. If requested by the tribal
Page 3, Line 17council, the secretary of the tribal council shall approve at
Page 3, Line 18least one such address in each precinct on the reservation.
Page 4, Line 1SECTION 3. In Colorado Revised Statutes, 1-5-102.9, amend (1)(b.7) and (5)(e) as follows:
Page 4, Line 21-5-102.9. Voter service and polling centers - number required
Page 4, Line 3- services provided - drop-off locations - definition. (1) (b.7) For a
Page 4, Line 4general election, at the request of the tribal council of an Indian tribe
Page 4, Line 5located on a federal reservation whose headquarters are within the
Page 4, Line 6county's boundaries, a county clerk and recorder shall designate a voter
Page 4, Line 7service and polling center within the boundaries of the reservation. The
Page 4, Line 8tribal council may request
either two or four days of in-person voting atPage 4, Line 9a voter service and polling center within the boundaries of the reservation
Page 4, Line 10
Two days of in-person voting include the day before election day andPage 4, Line 11
election day. Four days of in-person voting include the day beforePage 4, Line 12
election day, election day, and the Friday and Saturday prior to electionPage 4, Line 13
dayPage 4, Line 14fifteen-day period prior to and including the day of the election.
Page 4, Line 15A request under this subsection (1)(b.7) must be made no later than one
Page 4, Line 16hundred eighty days before the date of the election and must be made on the form described in subsection (5)(e)(II) of this section.
Page 4, Line 17(5) (e) (I) For a general election, in addition to the requirements
Page 4, Line 18of subsection (5)(a) of this section, at the request of the tribal council of
Page 4, Line 19an Indian tribe located on a federal reservation whose headquarters are
Page 4, Line 20within the county's boundaries, a county shall establish a drop-off location
Page 4, Line 21within the boundaries of the reservation. The drop-off location must
Page 4, Line 22accept ballots for the fifteen-day period prior to and including the day of
Page 4, Line 23the election. A request under this subsection (5)(e)(I) must be made on the form described in subsection (5)(e)(II) of this section.
Page 4, Line 24(II) The secretary of state shall establish a form by which
Page 5, Line 1a tribal council can request a voter service and polling center
Page 5, Line 2as described in subsection (1)(b.7) of this section and a ballot
Page 5, Line 3drop-off location under subsection (5)(e)(I) of this section. Not
Page 5, Line 4less than two hundred fifty days prior to any general election,
Page 5, Line 5the secretary of state shall provide the form to each tribal council with federal reservation land in the state.
Page 5, Line 6SECTION 4. In Colorado Revised Statutes, 1-5-702, add (2.7) as follows:
Page 5, Line 71-5-702. Definitions. As used in this part 7, unless the context otherwise requires:
Page 5, Line 8(2.7) "Covered entity" means any entity that is primarily
Page 5, Line 9engaged in providing state-funded services or programs to individuals with disabilities.
Page 5, Line 10SECTION 5. In Colorado Revised Statutes, add 1-5-707 as follows:
Page 5, Line 111-5-707. Voting notice required - covered entities. (1) A
Page 5, Line 12covered entity shall publicly display at least one notice in each building it occupies that is open to the public.
Page 5, Line 13(2) The notice required by subsection (1) of this section must:
Page 5, Line 14(a) Include information on voter registration, voting rights, and voting-related accessibility accommodations;
Page 5, Line 15(b) Include contact information for the secretary of state accessibility coordinator;
Page 5, Line 16(c) Identify the nearest drop box, drop-off location, and voter service and polling center; and
Page 5, Line 17(d) Be written in plain language.
Page 6, Line 1(3) A covered entity shall publicly display the notice
Page 6, Line 2required by subsection (1) of this section during the thirty days preceding a statewide general or primary election.
Page 6, Line 3SECTION 6. In Colorado Revised Statutes, 1-5-902, amend (2)(a) as follows:
Page 6, Line 41-5-902. Legislative declaration - intent. (2) The general assembly further finds and declares that the intent of this part 9 is to:
Page 6, Line 5(a) Provide ballot access to electors throughout the state while balancing the reality of limited state and
countyPage 6, Line 6SECTION 7. In Colorado Revised Statutes, 1-5-903, add (3.5) and (3.7) as follows:
Page 6, Line 71-5-903. Definitions. As used in this part 9, unless the context otherwise requires:
Page 6, Line 8(3.5) "Municipal clerk" means the clerk of a municipality
Page 6, Line 9who is the custodian of the official records of the municipality
Page 6, Line 10or any person delegated by the clerk to exercise any of the
Page 6, Line 11clerk's powers, duties, or functions, or the election commission of the municipality.
Page 6, Line 12(3.7) "Municipality" means a statutory city or town and
Page 6, Line 13any city or town that has chosen to adopt a home rule charter pursuant to article XX of the state constitution.
Page 6, Line 14SECTION 8. In Colorado Revised Statutes, 1-5-905, amend (1) and (2) as follows:
Page 6, Line 151-5-905. Multilingual ballot access - general provisions -
Page 6, Line 16requirements of secretary of state - county and municipal clerks.
Page 6, Line 17(1) A county or municipal clerk is required to provide multilingual
Page 6, Line 18ballot access by creating a minority language sample ballot pursuant to
Page 7, Line 1section 1-5-906 and providing an in-person minority language ballot pursuant to section 1-5-907 if:
Page 7, Line 2(a) The county or municipality has at least two thousand citizens
Page 7, Line 3age eighteen years or older who speak English less than very well, as
Page 7, Line 4defined by the United States bureau of the census American community
Page 7, Line 5survey or comparable census data, and who speak a shared minority language at home; or
Page 7, Line 6(b) At least two and one-half percent of citizens in the county or
Page 7, Line 7municipality age eighteen years or older speak English less than very
Page 7, Line 8well, as defined by the United States bureau of the census American
Page 7, Line 9community survey or comparable census data, and speak a shared minority language at home.
Page 7, Line 10(2) The secretary of state shall determine which counties and
Page 7, Line 11municipalities in the state are required to provide multilingual ballot
Page 7, Line 12access and, therefore, are required to create a minority language sample
Page 7, Line 13ballot pursuant to section 1-5-906 and provide an in-person minority
Page 7, Line 14language ballot pursuant to section 1-5-907. The secretary of state shall
Page 7, Line 15make such determination based on information provided in the most
Page 7, Line 16recent five-year estimates specified in the United States bureau of the
Page 7, Line 17census American community survey or comparable census data. The
Page 7, Line 18secretary of state shall notify the county clerk of any county and the
Page 7, Line 19municipal clerk of any municipality that is required to provide a
Page 7, Line 20minority language sample ballot pursuant to section 1-5-906 and provide
Page 7, Line 21an in-person minority language ballot pursuant to section 1-5-907
on orPage 7, Line 22
before January 5, 2022, andPage 7, Line 23
thereafteron or before January 5, 2022, andPage 7, Line 24January 5 of each even year,
thereafter,Page 8, Line 1list on the secretary's website of all counties and municipalities that are
Page 8, Line 2required to provide a minority language sample ballot pursuant to section
Page 8, Line 31-5-906 and provide an in-person minority language ballot pursuant to section 1-5-907.
Page 8, Line 4SECTION 9. In Colorado Revised Statutes, 1-5-906, amend (1), (3), (4), (5), and (6) as follows:
Page 8, Line 51-5-906. Minority language sample ballots - county and
Page 8, Line 6municipal clerks. (1) The county clerk of any county and the
Page 8, Line 7municipal clerk of any municipality that satisfies the criteria
Page 8, Line 8specified in section 1-5-905 (1) shall, in coordination with the secretary
Page 8, Line 9of state, create a minority language sample ballot in any minority
Page 8, Line 10language spoken in the county or municipality that satisfies the following:
Page 8, Line 11(a) The minority language is spoken by at least two thousand
Page 8, Line 12citizens in the county or municipality age eighteen years or older who
Page 8, Line 13speak English less than very well, as defined by the United States bureau
Page 8, Line 14of the census American community survey, and who speak the minority language at home; or
Page 8, Line 15(b) The minority language is spoken by at least two and one-half
Page 8, Line 16percent of citizens in the county or municipality age eighteen years or
Page 8, Line 17older who speak English less than very well, as defined by the United
Page 8, Line 18States bureau of the census American community survey, and who speak the minority language at home.
Page 8, Line 19(3) A county or municipal clerk that is required to create a
Page 8, Line 20minority language sample ballot in one or more minority languages
Page 8, Line 21pursuant to this section shall provide such minority language sample
Page 8, Line 22ballots
for the general election held in November 2022, andPage 9, Line 1
generaland statewide odd-year election thereafterPage 9, Line 2(4) The minority language sample ballot must include the
Page 9, Line 3instructions for every ballot style in the county or municipality. The
Page 9, Line 4county or municipal clerk is not required to create a sample ballot for
Page 9, Line 5every ballot style in the county or municipality but may instead create
Page 9, Line 6one master document containing all the candidates, questions, and
Page 9, Line 7instructions included on every ballot style in the county or municipality.
Page 9, Line 8Instead of creating one master document, the county or municipal clerk
Page 9, Line 9may choose to create a minority language sample ballot for each ballot style in the county or municipality.
Page 9, Line 10(5) The county or municipal clerk shall make the minority
Page 9, Line 11language sample ballot available and accessible to electors in the county
Page 9, Line 12or municipality on the website of the county or municipal clerk and
Page 9, Line 13at voter service and polling centers.
county-widePage 9, Line 14municipal clerk shall notify all electors in the county or municipality
Page 9, Line 15via the mail ballot packet and in each language in which a minority
Page 9, Line 16language sample ballot will be created that a minority language sample ballot is available.
Page 9, Line 17(6) A county or municipal clerk shall ensure that the translation
Page 9, Line 18provided for the minority language sample ballot is performed by one or more qualified translators.
Page 9, Line 19SECTION 10. In Colorado Revised Statutes, 1-5-907, amend (1), (3), and (4) as follows:
Page 9, Line 201-5-907. In-person minority language ballot - county and
Page 9, Line 21municipal clerks - voter service and polling centers. (1) The county
Page 9, Line 22clerk of any county and the municipal clerk of any municipality that
Page 10, Line 1satisfies the criteria specified in section 1-5-905 (1) shall ensure that
Page 10, Line 2every voter service and polling center in the county or municipality is
Page 10, Line 3equipped to provide, upon the request of an elector, an in-person minority
Page 10, Line 4language ballot in any minority language spoken in the county or municipality that satisfies the following:
Page 10, Line 5(a) The minority language is spoken by at least two thousand
Page 10, Line 6citizens in the county or municipality age eighteen years or older who
Page 10, Line 7speak English less than very well, as defined by the United States bureau
Page 10, Line 8of the census American community survey or comparable census data, and who speak the minority language at home; or
Page 10, Line 9(b) The minority language is spoken by at least two and one-half
Page 10, Line 10percent of citizens in the county or municipality age eighteen years or
Page 10, Line 11older who speak English less than very well, as defined by the United
Page 10, Line 12States bureau of the census American community survey or comparable census data, and who speak the minority language at home.
Page 10, Line 13(3) A county or municipal clerk that is required to provide an
Page 10, Line 14in-person minority language ballot option in one or more minority
Page 10, Line 15languages pursuant to this section shall provide in-person minority
Page 10, Line 16language ballot options for
the general election held in November 2022,Page 10, Line 17
and forgeneraland statewide odd-year election thereafterPage 10, Line 18that is administered by the county or municipal clerk, as applicable.
Page 10, Line 19(4) The county or municipal clerk shall notify all electors via the
Page 10, Line 20mail ballot packet and in each language in which the in-person minority
Page 10, Line 21language ballot option will be available that electors may request an
Page 10, Line 22in-person minority language ballot in the applicable language at any voter
Page 10, Line 23service and polling center in the county or municipality.
Page 11, Line 1SECTION 11. In Colorado Revised Statutes, amend 1-5-908 as follows:
Page 11, Line 21-5-908. State assistance to counties and municipalities for
Page 11, Line 3implementation costs. Subject to available resources, the state shall
Page 11, Line 4endeavor to provide financial assistance to counties and municipalities
Page 11, Line 5that are subject to the requirements of this part 9 to offset the costs
Page 11, Line 6incurred by the counties and municipalities in complying with this part 9.
Page 11, Line 7SECTION 12. In Colorado Revised Statutes, add article 47 to title 1 as follows:
Page 11, Line 8ARTICLE 47
Colorado Voting Rights Act
Page 11, Line 9PART 1
VOTING RIGHTS
Page 11, Line 101-47-101. Short title.This article 47 is known and may be cited as the "Colorado Voting Rights Act".
Page 11, Line 111-47-102. Legislative declaration. (1) The general assembly finds and declares that:
Page 11, Line 12(a) Electoral systems or practices that deny to race,
Page 11, Line 13color, or language minority groups an equal opportunity to
Page 11, Line 14elect candidates of their choice are inconsistent with the right
Page 11, Line 15to free and open elections as provided by section 5 of article II
Page 11, Line 16of the state constitution and protections found in the
Page 11, Line 17fourteenth and fifteenth amendments to the United States constitution;
Page 11, Line 18(b) Discrimination in voting is a persistent matter of
Page 11, Line 19statewide concern due to the history of discriminatory practices that create disparities that persist over time; and
Page 12, Line 1(c) Voter turnout is a matter of statewide concern and is
Page 12, Line 2more likely to be low in local elections that are not coordinated with statewide general elections.
Page 12, Line 3(2) The general assembly further finds and declares that
Page 12, Line 4the prevention of discrimination in voting and voter turnout are matters of statewide concern.
Page 12, Line 5(3) Therefore, it is in the best interest of the state to
Page 12, Line 6create a state voting rights act that protects against
Page 12, Line 7discrimination in voting and that encourages local elections to be held in coordination with statewide elections.
Page 12, Line 81-47-103. Definitions.As used in this article 47, unless the context otherwise requires:
Page 12, Line 9(1) "Alternative method of election" means a method of
Page 12, Line 10electing candidates to a legislative body of the state or a
Page 12, Line 11political subdivision other than a winner-take-all at-large
Page 12, Line 12method of election or a district-based method of election,
Page 12, Line 13including, but not limited to: Cumulative voting, limited voting,
Page 12, Line 14mixed-member proportional representation, party-list proportional representation, and instant runoff voting.
Page 12, Line 15(2) "At-large method of election" means a method of
Page 12, Line 16electing candidates to a legislative body of the state or a
Page 12, Line 17political subdivision in which the candidates are voted on by all
Page 12, Line 18voters of the state or the political subdivision, regardless of
Page 12, Line 19whether they are required to live in specific residency districts.
Page 12, Line 20"At-large method of election" does not include elections for
Page 12, Line 21members who hold exclusively executive responsibilities or any alternative methods of election.
Page 13, Line 1(3) "Attorney general" means the attorney general, as
Page 13, Line 2defined in the state constitution, and the office of the attorney general.
Page 13, Line 3(4) "Ballot issue" has the same meaning as set forth in section 1-1-104 (2.3).
Page 13, Line 4(5) "Ballot question" has the same meaning as set forth in section 1-1-104 (2.7).
Page 13, Line 5(6) "Coordinated election" has the same meaning as set forth in section 1-1-104 (6.5).
Page 13, Line 6(7) "County" includes a city and county.
Page 13, Line 7(8) "Disability" has the same meaning as set forth in the
Page 13, Line 8federal "Americans with Disabilities Act of 1990", 42 U.S.C. sec. 12101, et seq.
Page 13, Line 9(9) "District-based method of election" means a method of
Page 13, Line 10electing members to a governing body in which each member of
Page 13, Line 11the governing body resides within a district or area that is a
Page 13, Line 12divisible part of the state or political subdivision and is elected only by voters residing within that district or area.
Page 13, Line 13(10) "Drop box" has the same meaning as set forth in section 1-1-104 (9.7).
Page 13, Line 14(11) "Drop-off location" has the same meaning as set forth in section 1-1-104 (9.8).
Page 13, Line 15(12) "Elector" has the same meaning as set forth in section 1-1-104 (12).
Page 13, Line 16(13) "Eligible elector" has the same meaning as set forth
Page 13, Line 17in section 1-1-104 (16).
Page 14, Line 1(14) "Gender expression" has the same meaning as set forth in section 24-34-301 (9).
Page 14, Line 2(15) "Gender identity" has the same meaning as set forth in section 24-34-301 (10).
Page 14, Line 3(16) "General election" has the same meaning as set forth in section 1-1-104 (17).
Page 14, Line 4(17) "Language minority group" means individuals whose primary language is any language other than English.
Page 14, Line 5(18) "Material disparity" means a non-trivial difference.
Page 14, Line 6(19) "Municipality" has the same meaning as set forth in section 31-1-101 (6).
Page 14, Line 7(20) "Polarized voting" means voting in which there is a
Page 14, Line 8divergence in the candidate or political preferences, or
Page 14, Line 9electoral choices, of members in a protected class from the
Page 14, Line 10candidate or political preferences, or electoral choices, of other electors in the political subdivision.
Page 14, Line 11(21) "Political subdivision" means a statutory or home
Page 14, Line 12rule county, city and county, city, town, or municipality.
Page 14, Line 13"Political subdivision" does not include a school district or special district.
Page 14, Line 14(22) "Polling location" has the same meaning as set forth in section 1-1-104 (27.5).
Page 14, Line 15(23) "Precinct" has the same meaning as set forth in section 1-1-104 (30).
Page 14, Line 16(24) "Primary election" has the same meaning as set forth in section 1-1-104 (32).
Page 14, Line 17(25) "Protected class" means a class of electors who are
Page 15, Line 1members of one or more racial, color, or language minority groups, including:
Page 15, Line 2(a) A racial, color, or language minority group as
Page 15, Line 3referenced in the federal "Voting Rights Act of 1965", 52 U.S.C. sec. 10301, et seq.; and
Page 15, Line 4(b) A minimum reporting category that has been officially
Page 15, Line 5recognized or considered through notice and comment by the United States census bureau.
Page 15, Line 6(26) "Sexual orientation" has the same meaning as set forth in section 24-34-301 (24).
Page 15, Line 7(27) "Voter service and polling center" has the same meaning as set forth in section 1-1-104 (50.5).
Page 15, Line 81-47-104. Liberal construction.This article 47 must be liberally construed to effectuate its purpose and to:
Page 15, Line 9(1) Protect the right to cast a ballot and make the ballot valid;
Page 15, Line 10(2) Ensure eligible individuals seeking voter registration are not impaired in being registered;
Page 15, Line 11(3) Ensure eligible electors are not impaired in voting, including but not limited to having their votes counted;
Page 15, Line 12(4) Make the fundamental right to vote more accessible to eligible electors; and
Page 15, Line 13(5) Ensure, for members of protected classes, equitable access to opportunities to be registered to vote and to vote.
Page 15, Line 141-47-105. Prohibition on voter suppression. (1) (a) (I) A
Page 15, Line 15political subdivision shall not act in a manner that results in,
Page 15, Line 16will result in, or is intended to result in:
Page 16, Line 1(A) A material disparity between a protected class and
Page 16, Line 2other eligible electors in regard to voter participation, access
Page 16, Line 3to voting opportunities, or the opportunity or ability to participate in the political process; or
Page 16, Line 4(B) An impairment of the opportunity or ability of a
Page 16, Line 5protected class member to participate in the political process, based on the totality of the circumstances.
Page 16, Line 6(II) An action prohibited by subsection (1)(a)(I) of this section may include:
Page 16, Line 7(A) Implementing, imposing, or enforcing a qualification
Page 16, Line 8for eligibility to be an elector or another prerequisite to voting
Page 16, Line 9that results in a material disparity or impairment as described in subsection (1)(a)(I) of this section; or
Page 16, Line 10(B) Implementing, imposing, or enforcing a law, ordinance,
Page 16, Line 11rule, regulation, standard, practice, procedure, or policy
Page 16, Line 12regarding the administration of elections that results in a
Page 16, Line 13material disparity or impairment as described in subsection (1)(a)(I) of this section.
Page 16, Line 14(b) (I) A political subdivision shall not, by failing to act, cause or intend to cause:
Page 16, Line 15(A) A material disparity between a protected class
Page 16, Line 16member and other eligible electors in regard to voter
Page 16, Line 17participation, access to voting opportunities, or the opportunity or ability to participate in the political process; or
Page 16, Line 18(B) An impairment of the opportunity or ability of a
Page 16, Line 19protected class member to participate in the political process,
Page 16, Line 20based on the totality of the circumstances.
Page 17, Line 1(II) A failure to act prohibited by subsection (1)(b)(I) of
Page 17, Line 2this section may include failing to implement, impose, or enforce
Page 17, Line 3a law, ordinance, rule, regulation, standard, practice,
Page 17, Line 4procedure, or policy regarding the administration of elections
Page 17, Line 5if such failure results in a material disparity or impairment as described in subsection (1)(b)(I) of this section.
Page 17, Line 6(2) In addition to other circumstances that meet the
Page 17, Line 7requirements of subsection (1) of this section, a violation of this section occurs when:
Page 17, Line 8(a) A political subdivision acts in a manner that was
Page 17, Line 9intended to result in a material disparity between a protected
Page 17, Line 10class and other eligible electors in regard to voter
Page 17, Line 11participation, access to voting opportunities, or the opportunity or ability to participate in the political process;
Page 17, Line 12(b) A political subdivision closes, moves, or consolidates
Page 17, Line 13one or more precincts, polling locations, ballot drop boxes, or
Page 17, Line 14ballot drop-off locations in a manner that results in
Page 17, Line 15materially greater burdens on members of a protected class than on other eligible electors;
Page 17, Line 16(c) A political subdivision changes the time or date of an
Page 17, Line 17election in a manner that disparately impairs the right to vote of members of a protected class;
Page 17, Line 18(d) A political subdivision conducts general or primary
Page 17, Line 19elections on dates that do not align with the date of federal or
Page 17, Line 20state general or primary elections or a coordinated election,
Page 17, Line 21resulting in a material disparity in levels of participation
Page 17, Line 22between members of a protected class and other eligible
Page 18, Line 1electors that exceeds any disparity in federal or state general or primary elections or a coordinated election;
Page 18, Line 2(e) A special election is selected for a date that would
Page 18, Line 3likely result in a material disparity in levels of participation
Page 18, Line 4between members of a protected class and other eligible
Page 18, Line 5electors, and there exists an alternate date within a
Page 18, Line 6reasonable period on which the disparity would be materially less significant; or
Page 18, Line 7(f) Following a vacancy in an office in which members of
Page 18, Line 8a protected class are generally able to elect candidates of
Page 18, Line 9their choice or otherwise influence the outcome of elections for
Page 18, Line 10that office, a special election is not scheduled within a
Page 18, Line 11reasonable period, leaving the office vacant for an unreasonable period.
Page 18, Line 12(3) The protections and requirements of this section are
Page 18, Line 13in addition to and do not supplant, replace, repeal, or affect any other laws that protect voters or prohibit voter suppression.
Page 18, Line 141-47-106. Prohibition on voter dilution. (1) A political
Page 18, Line 15subdivision shall not enact or employ any method of election
Page 18, Line 16that has the effect of, or is motivated in part by the intention of,
Page 18, Line 17disparately impairing the opportunity or ability of members of
Page 18, Line 18a protected class to participate in the political process, elect
Page 18, Line 19the candidates of their choice, or otherwise influence the outcome of elections.
Page 18, Line 20(2) A violation of this section occurs when:
Page 18, Line 21(a) If the political subdivision employs an at-large method
Page 18, Line 22of election:
Page 19, Line 1(I) (A) Elections in the political subdivision exhibit
Page 19, Line 2polarized voting that disparately impairs the equal opportunity
Page 19, Line 3or ability of members of a protected class to nominate or elect the candidates of their choice; or
Page 19, Line 4(B) Based on the totality of the circumstances, the equal
Page 19, Line 5opportunity or ability of members of a protected class to
Page 19, Line 6nominate or elect the candidates of their choice is disparately impaired; and
Page 19, Line 7(II) One or more new methods of election or changes to
Page 19, Line 8the existing election method exist that would likely mitigate
Page 19, Line 9the disparate impairment described in subsection (2)(a)(I)(A) or (2)(a)(I)(B) of this section.
Page 19, Line 10(b) If the political subdivision employs a district-based or alternative method of election:
Page 19, Line 11(I) (A) Elections in the political subdivision exhibit
Page 19, Line 12polarized voting that disparately impairs the equal opportunity
Page 19, Line 13or ability of members of a protected class to nominate or elect the candidates of their choice; or
Page 19, Line 14(B) Based on the totality of the circumstances, the equal
Page 19, Line 15opportunity or ability of members of a protected class to
Page 19, Line 16nominate or elect the candidates of their choice is disparately impaired; and
Page 19, Line 17(II) One or more new methods of election or changes to
Page 19, Line 18the existing election method exist that would likely mitigate
Page 19, Line 19the disparate impairment described in subsection (2)(b)(I)(A) or (2)(b)(I)(B) of this section.
Page 19, Line 201-47-107. Prohibition on voting prerequisites based on gender
Page 20, Line 1identity, gender expression, or sexual orientation.A political
Page 20, Line 2subdivision shall not implement, impose, or enforce a
Page 20, Line 3qualification for eligibility to be an elector or another
Page 20, Line 4prerequisite to voting based on an individual's actual or
Page 20, Line 5perceived gender identity, gender expression, or sexual orientation.
Page 20, Line 6PART 2
ENFORCEMENT OF VOTING RIGHTS
Page 20, Line 71-47-201. Enforcement of voting rights act - civil action -
Page 20, Line 8attorney general powers - priority on court calendar. (1) (a) An
Page 20, Line 9aggrieved person may bring a civil action alleging a violation
Page 20, Line 10of section 1-47-105, 1-47-106, or 1-47-107. The aggrieved person
Page 20, Line 11may file suit in the district court for the judicial district where
Page 20, Line 12the alleged violation occurred, in the district court for the
Page 20, Line 13judicial district where the aggrieved person resides, or in the Denver district court.
Page 20, Line 14(b) An aggrieved person that may bring suit pursuant to subsection (1)(a) of this section includes:
Page 20, Line 15(I) An individual;
Page 20, Line 16(II) An organization whose membership includes or is likely to include aggrieved individuals;
Page 20, Line 17(III) An organization whose mission would be frustrated by a violation of section 1-47-105, 1-47-106, or 1-47-107; and
Page 20, Line 18(IV) An organization that would be required to expend
Page 20, Line 19additional resources to fulfill its mission as a result of a violation of section 1-47-105, 1-47-106, or 1-47-107.
Page 20, Line 20(2) (a) To enforce this article 47, the attorney general may:
Page 21, Line 1(I) Bring a civil action pursuant to subsection (1)(a) of this section; or
Page 21, Line 2(II) Intervene in a civil action brought by an aggrieved person pursuant to subsection (1)(a) of this section.
Page 21, Line 3(b) To enforce this article 47, the attorney general may
Page 21, Line 4conduct investigations and issue civil investigation demands related to potential violations of this article 47.
Page 21, Line 5(3) A civil action brought pursuant to this section
Page 21, Line 6receives preference over other civil causes and must be heard
Page 21, Line 7and determined in preference to other civil business, regardless of position on the calendar.
Page 21, Line 81-47-202. Notification letter - when required. (1) (a) Except
Page 21, Line 9as provided in subsection (2) of this section, before bringing a
Page 21, Line 10civil action against a political subdivision pursuant to section
Page 21, Line 111-47-201, an aggrieved person or the attorney general shall
Page 21, Line 12send by certified mail a notification letter to the political
Page 21, Line 13subdivision informing the political subdivision that it may be in
Page 21, Line 14violation of this article 47 and including details of the alleged violation.
Page 21, Line 15(b) An aggrieved person or the attorney general must
Page 21, Line 16wait sixty calendar days after sending the notification letter
Page 21, Line 17required by subsection (1)(a) of this section to bring a civil
Page 21, Line 18action against a political subdivision pursuant to section
Page 21, Line 191-47-201; except that, if a political subdivision adopts a
Page 21, Line 20resolution pursuant to section 1-47-203, an aggrieved person or
Page 21, Line 21the attorney general must wait ninety calendar days after the
Page 22, Line 1passage of the resolution to bring a civil action against the political subdivision.
Page 22, Line 2(2) An aggrieved person or the attorney general may
Page 22, Line 3bring a civil action against a political subdivision pursuant to
Page 22, Line 4section 1-47-201 without first sending the notification letter required by subsection (1)(a) of this section if:
Page 22, Line 5(a) The aggrieved person or the attorney general brings
Page 22, Line 6the civil action within one year after the enactment of the challenged action by the political subdivision;
Page 22, Line 7(b) The aggrieved person or the attorney general is seeking preliminary relief pursuant to section 1-47-206 (1);
Page 22, Line 8(c) A different aggrieved person or the attorney general
Page 22, Line 9previously sent a notification letter required by subsection
Page 22, Line 10(1)(a) of this section to the political subdivision that identified
Page 22, Line 11a substantially similar alleged violation of this article 47 and
Page 22, Line 12sixty calendar days have passed since that notification letter was sent; or
Page 22, Line 13(d) The aggrieved person or the attorney general alleges a violation of section 1-47-107.
Page 22, Line 141-47-203. Political subdivision resolution - remedy for
Page 22, Line 15violation of Colorado Voting Rights Act - agreement with aggrieved
Page 22, Line 16person - definition. (1) As used in this section, unless the context
Page 22, Line 17otherwise requires, "resolution" means a resolution of a
Page 22, Line 18political subdivision that meets the requirements described in subsection (2)(b) of this section.
Page 22, Line 19(2) (a) After receiving a notification letter sent pursuant
Page 22, Line 20to section 1-47-202, the governing body of a political subdivision
Page 23, Line 1may adopt a resolution providing for a solution to the alleged
Page 23, Line 2violation of this article 47 as identified in the notification letter.
Page 23, Line 3(b) A resolution must:
Page 23, Line 4(I) Specifically identify the alleged violation of this article 47;
Page 23, Line 5(II) Identify a specific proposed solution to the violation alleged in the notification letter;
Page 23, Line 6(III) Affirm the intention of the political subdivision to
Page 23, Line 7enact and implement a solution to the identified alleged violation;
Page 23, Line 8(IV) Outline specific measures that the political
Page 23, Line 9subdivision will take to enact and implement the identified solution; and
Page 23, Line 10(V) Establish a schedule for enactment and implementation of the identified solution.
Page 23, Line 11(c) The adoption of a resolution does not constitute an
Page 23, Line 12admission by the political subdivision of any liability under section 1-47-105 or 1-47-106.
Page 23, Line 13(3) (a) If a political subdivision adopts a resolution, the
Page 23, Line 14political subdivision shall implement the identified solution within ninety calendar days after the passage of the resolution.
Page 23, Line 15(b) (I) Within thirty days after the implementation of the
Page 23, Line 16identified solution, an aggrieved person who sent the
Page 23, Line 17notification letter that prompted the solution may demand
Page 23, Line 18reimbursement for the cost of the work product generated to
Page 23, Line 19support the notification letter.
Page 24, Line 1(II) An aggrieved person shall make the demand for
Page 24, Line 2reimbursement in writing and shall substantiate the demand
Page 24, Line 3with financial documentation, such as a detailed invoice for
Page 24, Line 4demography services or for the analysis of voting patterns in
Page 24, Line 5the political subdivision. A political subdivision may request
Page 24, Line 6additional documentation if the provided documentation is insufficient to corroborate the claimed costs.
Page 24, Line 7(III) A political subdivision shall reimburse an aggrieved
Page 24, Line 8person as described in this subsection (3)(b) for reasonable costs
Page 24, Line 9claimed or in an amount to which the political subdivision and
Page 24, Line 10the aggrieved person mutually agree. A political subdivision or
Page 24, Line 11an aggrieved person may file a declaratory judgment action to
Page 24, Line 12obtain a clarification of their rights under this subsection(3)(b).
Page 24, Line 13(4) If an aggrieved person or the attorney general
Page 24, Line 14determines that the solution identified in the resolution does
Page 24, Line 15not remedy the alleged violation identified in the notification
Page 24, Line 16letter sent pursuant to section 1-47-202, an aggrieved person or
Page 24, Line 17the attorney general may bring a civil action against the political subdivision pursuant to section 1-47-201.
Page 24, Line 181-47-204. Prima facie case - voter suppression. (1) (a) An
Page 24, Line 19aggrieved person or the attorney general bringing a civil action
Page 24, Line 20against a political subdivision pursuant to section 1-47-201
Page 24, Line 21establishes a prima facie case of voter suppression if the person
Page 24, Line 22shows, by a preponderance of the evidence, that the challenged
Page 24, Line 23action results or will result in a material disparity between a
Page 24, Line 24protected class and other eligible electors in regard to voter
Page 25, Line 1participation, access to voting opportunities, or the opportunity or ability to participate in the political process.
Page 25, Line 2(b) If the aggrieved person or the attorney general
Page 25, Line 3establishes a prima facie case of voter suppression as described
Page 25, Line 4in subsection (1)(a) of this section, the burden shifts to the
Page 25, Line 5political subdivision to demonstrate by clear and convincing
Page 25, Line 6evidence that the challenged action is necessary to further an important, particularized governmental interest.
Page 25, Line 7(c) If the political subdivision meets its burden as
Page 25, Line 8described in subsection (1)(b) of this section, the challenged
Page 25, Line 9action may nonetheless be held invalid if the aggrieved person
Page 25, Line 10or the attorney general demonstrates by a preponderance of
Page 25, Line 11the evidence that the political subdivision could comparably
Page 25, Line 12further the identified important, particularized governmental
Page 25, Line 13interest through an alternative policy that results in a smaller
Page 25, Line 14disparity between members of a protected class and other eligible electors.
Page 25, Line 151-47-205. Factors in determining voter dilution. (1) (a) In
Page 25, Line 16determining whether a challenged method of election exhibits
Page 25, Line 17polarized voting for purposes of section 1-47-106 (2)(a)(I)(A) or (2)(b)(I)(A), a court:
Page 25, Line 18(I) Shall determine the presence of polarized voting based
Page 25, Line 19only on the combined electoral preferences of the groups
Page 25, Line 20comprising the protected class, as defined in the complaint.
Page 25, Line 21There is no requirement to show that each group or any
Page 25, Line 22subgroup within a protected class is separately polarized from
Page 25, Line 23other eligible electors.
Page 26, Line 1(II) Shall not consider the causes of or reasons for
Page 26, Line 2polarized voting, including partisan explanations or discriminatory intent;
Page 26, Line 3(III) May find a violation of section 1-47-106 based on any number or combination of elections, including one election; and
Page 26, Line 4(IV) May consider analyses of relevant election results, including but not limited to:
Page 26, Line 5(A) Elections for offices of the political subdivision;
Page 26, Line 6(B) Elections held in the political subdivision for other offices, such as state or federal offices;
Page 26, Line 7(C) Ballot issues or questions; or
Page 26, Line 8(D) Other electoral choices that bear on the rights and privileges of the protected class.
Page 26, Line 9(b) The following do not preclude a finding that a violation of section 1-47-106 exists:
Page 26, Line 10(I) Evidence of nonpolarized voting in elections for offices outside the political subdivision;
Page 26, Line 11(II) Nonstatistical or nonquantitative evidence of
Page 26, Line 12nonpolarized voting, where allegations of polarized voting are based on quantitative or statistical evidence; or
Page 26, Line 13(III) Low turnout or registration rates among members of a protected class.
Page 26, Line 14(2) (a) In determining whether, based on the totality of
Page 26, Line 15the circumstances, the equal opportunity or ability of members
Page 26, Line 16of a protected class to nominate or elect the candidates of
Page 26, Line 17their choice is disparately impaired for purposes of section
Page 26, Line 181-47-106 (2)(a)(I)(B) or (2)(b)(I)(B), a court may consider the following factors:
Page 27, Line 1(I) The history of discrimination affecting members of the protected class;
Page 27, Line 2(II) The extent to which members of the protected class
Page 27, Line 3are disadvantaged or otherwise bear the effects of public or
Page 27, Line 4private discrimination in areas that may hinder their ability to
Page 27, Line 5participate effectively in the political process, including
Page 27, Line 6education, employment, health, criminal justice, housing, transportation, land use, or environmental protection;
Page 27, Line 7(III) The extent to which members of the protected class vote at lower rates than other eligible electors;
Page 27, Line 8(IV) The extent to which members of the protected class
Page 27, Line 9contribute money to political campaigns or political causes at lower rates than other individuals;
Page 27, Line 10(V) The extent to which members of the protected class have been elected to office in the political subdivision;
Page 27, Line 11(VI) The extent to which candidates who are members of
Page 27, Line 12the protected class have faced barriers with respect to
Page 27, Line 13accessing the ballot, receiving financial support, or receiving other support for an election;
Page 27, Line 14(VII) The extent to which candidates face hostility or
Page 27, Line 15barriers while campaigning on account of their membership in the protected class; and
Page 27, Line 16(VIII) The use of overt or subtle racial appeals in
Page 27, Line 17political campaigns in the political subdivision or surrounding adoption or maintenance of the challenged method of election.
Page 27, Line 18(b) None of the factors described in subsection (2)(a) of
Page 28, Line 1this section are dispositive or necessary to establish the
Page 28, Line 2existence of a violation of section 1-47-106 and no specified
Page 28, Line 3number or combination of factors is required to establish a violation of section 1-47-106.
Page 28, Line 4(3) The fact that members of a protected class are not
Page 28, Line 5geographically compact or concentrated does not preclude
Page 28, Line 6finding a violation of section 1-47-106, but may be considered in determining an appropriate remedy for a violation.
Page 28, Line 71-47-206. Remedy for violation of Colorado Voting Rights Act
Page 28, Line 8- preliminary relief - award of costs and fees. (1) (a) An aggrieved
Page 28, Line 9person that brings a civil action against a political subdivision
Page 28, Line 10pursuant to section 1-47-201, or the attorney general, may seek
Page 28, Line 11preliminary relief concerning an upcoming election held in the
Page 28, Line 12political subdivision if the civil action is brought within the one hundred twenty day period prior to the election.
Page 28, Line 13(b) A court of competent jurisdiction hearing a civil
Page 28, Line 14action filed pursuant to section 1-47-201 that seeks preliminary
Page 28, Line 15relief pursuant to subsection (1)(a) of this section shall grant preliminary relief if the court determines that:
Page 28, Line 16(I) The aggrieved person or the attorney general is more likely than not to succeed on the merits; and
Page 28, Line 17(II) An appropriate remedy to the alleged violation can be implemented prior to the election.
Page 28, Line 18(2) (a) If a court of competent jurisdiction hearing a civil
Page 28, Line 19action filed pursuant to section 1-47-201 finds a violation of this
Page 28, Line 20article 47, the court shall order appropriate remedies that are
Page 28, Line 21tailored to address the violation.
Page 29, Line 1(b) The court shall consider remedies proposed by a party
Page 29, Line 2and may consider remedies proposed by interested nonparties.
Page 29, Line 3The court shall not provide deference or priority to a remedy proposed by a defendant or political subdivision.
Page 29, Line 4(c) If a provision of law would preclude an otherwise
Page 29, Line 5appropriate remedy, the court may nonetheless order a political
Page 29, Line 6subdivision to implement the remedy that is inconsistent with the provision of law.
Page 29, Line 7(3) If a court of competent jurisdiction hearing a civil
Page 29, Line 8action filed pursuant to section 1-47-201 finds a violation of this
Page 29, Line 9article 47, the court may award reasonable attorney fees and
Page 29, Line 10costs to the prevailing party; except that, if a political
Page 29, 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 29, Line 121-47-207. Attorney general enforcement.Enforcement by the
Page 29, Line 13attorney general of this article 47 or related legal actions are
Page 29, Line 14brought solely at the attorney general's discretion on behalf
Page 29, Line 15of the state. Actions brought by the attorney general pursuant
Page 29, Line 16to this article 47 are brought under the attorney general's own authority and not on behalf of the secretary of state.
Page 29, Line 17PART 3
STATEWIDE ELECTION INFORMATION
Page 29, Line 181-47-301. Definitions.As used in this part 3, unless the context otherwise requires:
Page 29, Line 19(1) "Director" means the director of the office.
Page 29, Line 20(2) "Office" means the statewide election database and
Page 29, Line 21information office created in section 1-47-302.
Page 30, Line 11-47-302. Statewide election database and information office
Page 30, Line 2- creation - purpose - duties. (1) The statewide election database and information office is created in the department of state.
Page 30, Line 3(2) The office is a type 2 entity, as defined in section
Page 30, Line 424-1-105, and exercises its powers and performs its duties and functions under the department of state.
Page 30, Line 5(3) (a) The director of the office shall report to the secretary of state.
Page 30, Line 6(b) The director must hold an advanced degree from an
Page 30, Line 7accredited college or university, or have equivalent experience,
Page 30, Line 8and have expertise in demography, statistical analysis, and electoral systems.
Page 30, Line 9(c) The director is selected through a fair and open
Page 30, Line 10comparative analysis of candidates, administered by the
Page 30, Line 11secretary of state, based on objective criteria and without regard to political considerations or affiliations.
Page 30, Line 12(4) The purpose of the office is to assist the state and political subdivisions with:
Page 30, Line 13(a) Evaluating whether and to what extent current laws
Page 30, Line 14and practices related to election administration are consistent with this article 47;
Page 30, Line 15(b) Implementing best practices in election administration to further the purpose of this article 47; and
Page 30, Line 16(c) Investigating any potential infringement on the right to vote within the state.
Page 30, Line 171-47-303. Functions and duties of the office - data collection
Page 30, Line 18and maintenance. (1) (a) The office shall collect and maintain the following data in an electronic format:
Page 31, Line 1(I) Annual estimates of total population, voting age
Page 31, Line 2population, and citizen voting age population by race, color,
Page 31, Line 3language minority group, and disability status for each
Page 31, Line 4political subdivision, which are specified at the precinct level,
Page 31, Line 5if available, or the district or county level and which are based
Page 31, Line 6on information from the United States census bureau, including
Page 31, Line 7from the American community survey, or information of comparable quality collected by a public entity;
Page 31, Line 8(II) Election results at the precinct level for state and political subdivision elections;
Page 31, Line 9(III) Redistricting plans and precinct boundaries for each election in each political subdivision;
Page 31, Line 10(IV) Geocoded locations of voter service and polling
Page 31, Line 11centers, ballot drop boxes, and ballot drop-off locations for
Page 31, Line 12each election in each political subdivision, in addition to the
Page 31, Line 13number of days and hours that each voter service and polling center or ballot drop-off location is open; and
Page 31, Line 14(V) Any other information that the director determines
Page 31, Line 15necessary to maintain in furtherance of the purposes of the office.
Page 31, Line 16(b) The director shall retain the data described in
Page 31, Line 17subsection (1)(a) of this section for the length of time that it is
Page 31, Line 18available or the preceding twelve years and shall maintain the data on as current a basis as is possible.
Page 31, Line 19(c) The director shall make the data maintained by the
Page 31, Line 20office as described in subsection (1)(a) of this section available
Page 32, Line 1on the website of the secretary of state or of the office in an
Page 32, Line 2accessible and appropriate electronic format; except that
Page 32, Line 3personally identifiable voter information that is not publicly available is not published and accessible.
Page 32, Line 4(d) In preparing any analysis of the data described in
Page 32, Line 5subsection (1)(a) of this section, the office shall use reasonable, peer-reviewed, and validated methodologies.
Page 32, Line 6(2) The director may provide nonpartisan technical
Page 32, Line 7assistance to political subdivisions, researchers, and members
Page 32, Line 8of the public seeking to use the office's resources in relation to the data it maintains pursuant to this section.
Page 32, Line 9(3) The director may, at the director's sole discretion,
Page 32, Line 10refer information and data to the attorney general for
Page 32, Line 11evaluation and investigation concerning potential violations of this article 47.
Page 32, Line 121-47-304. Submission of data by political subdivisions.
Page 32, Line 13(1) After the certification of an election of any political
Page 32, Line 14subdivision, the entity responsible for administering the election
Page 32, Line 15shall submit to the office the following information in an accessible and appropriate format as determined by the office:
Page 32, Line 16(a) Election results, specified at the precinct level if available;
Page 32, Line 17(b) Voter registration lists as of the election;
(c) Voter records; and
Page 32, Line 18(d) Election district and precinct boundaries, if applicable.
Page 32, Line 19(2) The director shall provide adequate technological
Page 33, Line 1security measures to prevent unauthorized access to
Page 33, Line 2voter-related records and shall establish adequate and
Page 33, Line 3reasonable technological security requirements for the exchange or transfer of data.
Page 33, Line 4SECTION 13. In Colorado Revised Statutes, 24-1-111, add (4) as follows:
Page 33, Line 524-1-111. Department of state - creation. (4) The department
Page 33, Line 6of state includes the statewide election database and
Page 33, Line 7information office created in part 3 of article 47 of title 1. The
Page 33, Line 8statewide election database and information office is a type 2
Page 33, Line 9entity, as defined in section 24-1-105, and exercises its powers
Page 33, Line 10and performs its duties and functions as specified by law under the department of state.
Page 33, Line 11SECTION 14. In Colorado Revised Statutes, 24-31-101, amend (1)(i)(XXII) and (1)(i)(XXIII); and add (1)(i)(XXIV) as follows:
Page 33, Line 1224-31-101. Powers and duties of attorney general. (1) The attorney general:
Page 33, Line 13(i) May independently initiate and bring civil and criminal actions to enforce state laws, including actions brought pursuant to:
Page 33, Line 14(XXII) Part 14 of article 12 of title 38;
and(XXIII) Section 24-34-806; and
Page 33, Line 15(XXIV) The "Colorado Voting Rights Act", article 47 of title 1.
Page 33, Line 16SECTION 15. Act subject to petition - effective date -
Page 33, Line 17applicability. (1) This act takes effect at 12:01 a.m. on the day following
Page 33, Line 18the expiration of the ninety-day period after final adjournment of the
Page 33, Line 19general assembly; except that, if a referendum petition is filed pursuant
Page 34, Line 1to section 1 (3) of article V of the state constitution against this act or an
Page 34, Line 2item, section, or part of this act within such period, then the act, item,
Page 34, Line 3section, or part will not take effect unless approved by the people at the
Page 34, Line 4general election to be held in November 2026 and, in such case, will take
Page 34, Line 5effect on the date of the official declaration of the vote thereon by the governor.
Page 34, Line 6(2) This act applies to elections and election-related activities occurring on or after January 1, 2026.