A Bill for an Act
Page 1, Line 101Concerning the authority at a general or congressional
Page 1, Line 102vacancy election of the candidate nominated to be on
Page 1, Line 103the ballot by a participating political party to choose
Page 1, Line 104the watchers in count facilities.
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.)
Section 2 of the bill modifies current law to authorize, but not require, a candidate nominated to be on the ballot by a participating political party (candidate-nominee) in a general or congressional vacancy election to choose the watchers permitted in each central count facility. These watchers must be selected by the candidate-nominee in accordance with existing processes and limitations for such watchers.
If a candidate-nominee exercises their authority to choose the watchers in each central count facility, then the participating political party represented by the candidate-nominee must abide by the candidate-nominee's choices and is not entitled to different or additional watchers at the count facilities. The participating political party remains entitled to watchers of its choice during signature verification and at each voter service and polling center in accordance with current law.
Section 3 requires that the same provisions for watchers at general and congressional vacancy elections, as modified by section 2, be applied to any recount for a United States senator, representative in congress, and any state office or district office of state concern.
Section 1 makes a conforming amendment to the definition of "watcher".
Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 2, Line 2SECTION 1. In Colorado Revised Statutes, 1-1-104, amend (51) as follows:
Page 2, Line 31-1-104. Definitions. As used in this code, unless the context otherwise requires:
Page 2, Line 4(51) "Watcher" means an eligible elector other than a candidate
Page 2, Line 5on the ballot who has been selected by a political party chairperson on
Page 2, Line 6behalf of the political party; by a party candidate at a primary election,
Page 2, Line 7general election, or congressional vacancy election; by an
Page 2, Line 8unaffiliated candidate at a general, congressional vacancy, or nonpartisan
Page 2, Line 9election; or by a person designated by either the opponents or the
Page 2, Line 10proponents in the case of a ballot issue or ballot question. If selected by
Page 2, Line 11a political party chairperson or a party candidate, the watcher must be
Page 2, Line 12affiliated with that political party or unaffiliated as shown in the statewide
Page 2, Line 13voter registration system. If selected by an unaffiliated candidate, the
Page 2, Line 14watcher must be unaffiliated as shown in the statewide voter registration system.
Page 3, Line 1SECTION 2. In Colorado Revised Statutes, 1-7-106, amend (1) and (2)(a) introductory portion; and add (3) as follows:
Page 3, Line 21-7-106. Watchers at general and congressional vacancy
Page 3, Line 3elections. (1) Each participating political party or issue committee whose
Page 3, Line 4candidate or issue is on the ballot, each candidate whose name is on
Page 3, Line 5the ballot as a nominee of a participating political party, and
Page 3, Line 6each unaffiliated and write-in candidate whose name is on the ballot for
Page 3, Line 7a general or congressional vacancy election, is entitled to have watchers
Page 3, Line 8as specified in subsection (2) or (3) of this section, as applicable. The
Page 3, Line 9chairperson of the county central committee or the state chairperson of
Page 3, Line 10each major political party, the county chairperson or other authorized
Page 3, Line 11official of each minor political party, the participating political
Page 3, Line 12party candidate, the issue committee, or the write-in or unaffiliated
Page 3, Line 13candidate shall certify the names of one or more persons selected as
Page 3, Line 14watchers on standardized forms provided by the secretary of state and
Page 3, Line 15submit the names of the persons selected as watchers to the county clerk
Page 3, Line 16and recorder. To the extent possible, the chairperson, authorized official,
Page 3, Line 17issue committee, participating political party candidate, or
Page 3, Line 18write-in or unaffiliated candidate shall submit the names by the close
Page 3, Line 19of business on the Friday immediately preceding the election. The
Page 3, Line 20watchers shall surrender the certificates to the election judges at the time
Page 3, Line 21they enter the voter service and polling center and are sworn by the
Page 3, Line 22judges. This section does not prevent party candidates or county party
Page 3, Line 23officers from visiting voter service and polling centers or drop-off locations to observe the progress of voting.
Page 3, Line 24(2) (a) Except as provided in subsection (3) of this section,
Page 4, Line 1each participating political party or issue committee whose candidate or
Page 4, Line 2issue is on the ballot, and each unaffiliated and write-in candidate whose
Page 4, Line 3name is on the ballot for a general or congressional vacancy election, is entitled to have watchers as follows:
Page 4, Line 4(3) A candidate whose name is on the ballot as a nominee
Page 4, Line 5of a participating political party may choose the watchers
Page 4, Line 6permitted in a central count facility as specified in subsection
Page 4, Line 7(2)(a)(I) of this section and in accordance with any rules adopted
Page 4, Line 8by the secretary of state. Notwithstanding any provision of this
Page 4, Line 9section to the contrary, if a candidate whose name is on the
Page 4, Line 10ballot as a nominee of a participating political party chooses
Page 4, Line 11watchers as allowed by this subsection (3), then the
Page 4, Line 12participating political party represented by the candidate as
Page 4, Line 13nominee shall abide by the candidate's choice of watcher and is
Page 4, Line 14not entitled to different or additional watchers in a central
Page 4, Line 15count facility as specified in subsection (2)(a)(I) of this section.
Page 4, Line 16This subsection (3) is limited to watchers in a central count
Page 4, Line 17facility as specified in subsection (2)(a)(I) of this section and has
Page 4, Line 18no impact on a participating political party's entitlement to
Page 4, Line 19watchers as set forth in subsections (2)(a)(II) and (2)(a)(III) of this section.
Page 4, Line 20SECTION 3. In Colorado Revised Statutes, 1-10.5-102, amend (2) as follows:
Page 4, Line 211-10.5-102. Recounts for congressional, state, and district
Page 4, Line 22offices, state ballot questions, and state ballot issues. (2) The secretary
Page 4, Line 23of state shall notify the county clerk and recorder of each county involved
Page 4, Line 24of a public recount to be conducted in the county. The recount must be
Page 5, Line 1completed no later than the thirty-first day after any election. The
Page 5, Line 2secretary of state shall promulgate and provide each county clerk and
Page 5, Line 3recorder with the necessary rules to conduct the recount in a fair,
Page 5, Line 4impartial, and uniform manner, including provisions for watchers during
Page 5, Line 5the recount; except that, the provisions for watchers in section
Page 5, Line 61-7-106 shall apply to any recount for the office of United
Page 5, Line 7States senator, representative in congress, and any state office
Page 5, Line 8or district office of state concern. Any rule concerning the conduct
Page 5, Line 9of a recount must take into account the type of voting system and equipment used by the county in which the recount is to be conducted.
Page 5, Line 10SECTION 4. Act subject to petition - effective date -
Page 5, Line 11applicability. (1) This act takes effect at 12:01 a.m. on the day following
Page 5, Line 12the expiration of the ninety-day period after final adjournment of the
Page 5, Line 13general assembly; except that, if a referendum petition is filed pursuant
Page 5, Line 14to section 1 (3) of article V of the state constitution against this act or an
Page 5, Line 15item, section, or part of this act within such period, then the act, item,
Page 5, Line 16section, or part will not take effect unless approved by the people at the
Page 5, Line 17general election to be held in November 2026 and, in such case, will take
Page 5, Line 18effect on the date of the official declaration of the vote thereon by the governor.
Page 5, Line 19(2) This act applies to general elections, congressional vacancy
Page 5, Line 20elections, and recounts held on or after the applicable effective date of this act.