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.
This Unofficial Version Includes Committee
Amendments Not Yet Adopted on Second Reading
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, 1-5-702, add (2.7) as follows:
Page 3, Line 121-5-702. Definitions. As used in this part 7, unless the context otherwise requires:
Page 3, Line 13(2.7) "Covered facility" means:
Page 3, Line 14(a) An adult day care facility, as defined in section 25.5-6-303 (1);
Page 3, Line 15(b) An alternative care facility, as defined in section 25.5-6-303 (3);
Page 4, Line 1(c) An assisted living residence, as defined in section 25-27-102 (1.3);
Page 4, Line 2(d) A community residential home, as defined in section 25.5-10-202 (5);
Page 4, Line 3(e) An intermediate nursing facility for persons with
Page 4, Line 4intellectual and developmental disabilities, as defined in section 25.5-4-103 (9);
Page 4, Line 5(f) A nursing facility, as defined in section 25.5-4-103 (14); or
Page 4, Line 6(g) A state-run psychiatric hospital or mental health
Page 4, Line 7institute operated by the department of human services created in section 26-1-105.
Page 4, Line 8SECTION 3. In Colorado Revised Statutes, add 1-5-707 as follows:
Page 4, Line 91-5-707. Voting notice required - covered entities. (1) A
Page 4, Line 10covered entity shall publicly display at least one notice in each building that it occupies and in which it serves clients.
Page 4, Line 11(2) The notice required by subsection (1) of this section must:
Page 4, Line 12(a) Include information on voter registration, voting rights, and voting-related accessibility accommodations;
Page 4, Line 13(b) Include contact information for the secretary of state accessibility coordinator;
Page 4, Line 14(c) State that information concerning drop boxes and
Page 4, Line 15voter service and polling centers can be found on county
Page 4, Line 16election websites;
(d) Be written in plain language; and
Page 5, Line 1(e) Be available in alternate accessible formats.
Page 5, Line 2(3) A covered entity shall publicly display the notice
Page 5, Line 3required by subsection (1) of this section during the thirty days preceding a general or coordinated election.
Page 5, Line 5SECTION 4. In Colorado Revised Statutes, add article 47 to title 1 as follows:
Page 5, Line 6ARTICLE 47
Colorado Voting Rights Act
Page 5, Line 7PART 1
VOTING RIGHTS
Page 5, Line 81-47-101. Short title.This article 47 is known and may be cited as the "Colorado Voting Rights Act".
Page 5, Line 91-47-102. Legislative declaration. (1) The general assembly finds and declares that:
Page 5, Line 10(a) Electoral systems or practices that deny to race,
Page 5, Line 11color, or language minority groups an equal opportunity to
Page 5, Line 12elect candidates of their choice are inconsistent with the right
Page 5, Line 13to free and open elections as provided by section 5 of article II
Page 5, Line 14of the state constitution and protections found in the
Page 5, Line 15fourteenth and fifteenth amendments to the United States constitution;
Page 5, Line 16(b) Discrimination in voting is a persistent matter of
Page 5, Line 17statewide concern due to the history of discriminatory
Page 5, Line 18practices that create disparities that persist over time; and
Page 6, Line 1(c) Voter turnout is a matter of statewide concern and is
Page 6, Line 2more likely to be low in local elections that are not coordinated with statewide elections.
Page 6, Line 3(2) The general assembly further finds and declares that
Page 6, Line 4the prevention of discrimination in voting and voter turnout are matters of statewide concern.
Page 6, Line 5(3) Therefore, it is in the best interest of the state to
Page 6, Line 6create a state voting rights act that protects against
Page 6, Line 7discrimination in voting and that encourages local elections to be held in coordination with statewide elections.
Page 6, Line 81-47-103. Definitions.As used in this article 47, unless the context otherwise requires:
Page 6, Line 10(1) "Attorney general" means the attorney general, as
Page 6, Line 11defined in the state constitution, and the office of the attorney general.
Page 6, Line 12(2) "Ballot issue" has the same meaning as set forth in section 1-1-104 (2.3).
Page 6, Line 13(3) "Ballot question" has the same meaning as set forth in section 1-1-104 (2.7).
Page 6, Line 14(4) "Coordinated election" has the same meaning as set forth in section 1-1-104 (6.5).
Page 6, Line 15(5) "County" includes a city and county.
Page 6, Line 16(6) "Disability" has the same meaning as set forth in the
Page 6, Line 17federal "Americans with Disabilities Act of 1990", 42 U.S.C. sec. 12101, et seq.
Page 7, Line 1(7) "Drop box" has the same meaning as set forth in section 1-1-104 (9.7).
Page 7, Line 2(8) "Drop-off location" has the same meaning as set forth
Page 7, Line 3in section 1-1-104 (9.8). "Drop-off location" includes a ballot box
Page 7, Line 4as described in the "Colorado Municipal Election Code of 1965", article 10 of title 31.
Page 7, Line 5(9) "Elector" has the same meaning as set forth in section 1-1-104 (12).
Page 7, Line 6(10) "Eligible elector" has the same meaning as set forth in section 1-1-104 (16).
Page 7, Line 7(11) "Gender expression" has the same meaning as set forth in section 24-34-301 (9).
Page 7, Line 8(12) "Gender identity" has the same meaning as set forth in section 24-34-301 (10).
Page 7, Line 9(13) "General election" has the same meaning as set forth in section 1-1-104 (17).
Page 7, Line 10(14) "Language minority group" means individuals whose primary language is any language other than English.
Page 7, Line 11(15) "Material disparity" means a non-trivial difference.
Page 7, Line 12(16) "Municipality" has the same meaning as set forth in section 31-1-101 (6).
Page 7, Line 13(17) "Polarized voting" means voting in which there is a
Page 7, Line 14divergence in the candidate or political preferences, or
Page 7, Line 15electoral choices, of members in a protected class from the
Page 7, Line 16candidate or political preferences, or electoral choices, of other electors in the political subdivision.
Page 7, Line 17(18) "Political subdivision" means a statutory or home
Page 8, Line 1rule county, city and county, city, town, or municipality.
Page 8, Line 2"Political subdivision" does not include a school district or special district.
Page 8, Line 3(19) "Polling location" has the same meaning as set forth in section 1-1-104 (27.5).
Page 8, Line 4(20) "Precinct" has the same meaning as set forth in section 1-1-104 (30).
Page 8, Line 5(21) "Primary election" has the same meaning as set forth in section 1-1-104 (32).
Page 8, Line 6(22) "Protected class" means a class of electors who are
Page 8, Line 7members of one or more racial, color, or language minority groups, including:
Page 8, Line 8(a) A racial, color, or language minority group as
Page 8, Line 9referenced in the federal "Voting Rights Act of 1965", 52 U.S.C. sec. 10301, et seq.; and
Page 8, Line 10(b) A minimum reporting category that has been officially
Page 8, Line 11recognized or considered through notice and comment by the United States census bureau.
Page 8, Line 12(23) "Sexual orientation" has the same meaning as set forth in section 24-34-301 (24).
Page 8, Line 13(24) "Voter service and polling center" has the same meaning as set forth in section 1-1-104 (50.5).
Page 8, Line 141-47-104. Liberal construction.This article 47 must be liberally construed to effectuate its purpose and to:
Page 8, Line 15(1) Protect the right to cast a ballot and make the ballot valid;
Page 8, Line 16(2) Ensure eligible individuals seeking voter registration are not impaired in being registered;
Page 9, Line 1(3) Ensure eligible electors are not impaired in voting, including but not limited to having their votes counted;
Page 9, Line 2(4) Make the fundamental right to vote more accessible to eligible electors; and
Page 9, Line 3(5) Ensure, for members of protected classes, equitable access to opportunities to be registered to vote and to vote.
Page 9, Line 41-47-105. Prohibition on voter suppression.A political
Page 9, Line 5subdivision shall not act in a manner that results in, will result
Page 9, Line 6in, or is intended to result in a material disparity between
Page 9, Line 7members of a protected class and other eligible electors in
Page 9, Line 8regard to voter participation, access to voting opportunities, or the opportunity or ability to participate in the political process.
Page 9, Line 101-47-106. Prohibition on voter dilution. (1) A political
Page 9, Line 11subdivision shall not enact or employ any method of election
Page 9, Line 12that has the effect of, or is motivated in part by the intention of,
Page 9, Line 13disparately impairing the opportunity or ability of members of
Page 9, Line 14a protected class to elect the candidates of their choice or otherwise influence the outcome of elections.
Page 9, Line 15(2) A violation of this section occurs when:
Page 9, Line 16(a) (I) Elections in the political subdivision exhibit
Page 9, Line 17polarized voting that disparately impairs the equal opportunity
Page 9, Line 18or ability of members of a protected class to nominate or elect the candidates of their choice; or
Page 9, Line 19(II) Based on the totality of the circumstances, the equal
Page 10, Line 1opportunity or ability of members of a protected class to
Page 10, Line 2nominate or elect the candidates of their choice is disparately impaired; and
Page 10, Line 3(b) One or more new methods of election or changes to the
Page 10, Line 4existing election method exist that would likely mitigate the
Page 10, Line 5disparate impairment described in subsection(2)(a)(I) or (2)(a)(II)of this section.
Page 10, Line 71-47-107. Prohibition on voting prerequisites based on gender
Page 10, Line 8identity, gender expression, or sexual orientation.A political
Page 10, Line 9subdivision shall not implement, impose, or enforce a
Page 10, Line 10qualification for eligibility to be an elector or another
Page 10, Line 11prerequisite to voting based on an individual's actual or
Page 10, Line 12perceived gender identity, gender expression, or sexual orientation.
Page 10, Line 131-47-108. Prohibition on additional voting prerequisites based
Page 10, Line 14on confinement in local jail. (1) A political subdivision shall not
Page 10, Line 15implement, impose, or enforce an additional qualification for
Page 10, Line 16eligibility to be an elector or another prerequisite to voting
Page 10, Line 17based on an individual's confinement to a local jail, as defined in section 17-1-102 (7).
Page 10, Line 18(2) Nothing in this section affects the existing
Page 10, Line 19qualifications for eligibility as described in sections 1-2-103 (4) and 31-10-201 (3).
Page 10, Line 20PART 2
ENFORCEMENT OF VOTING RIGHTS
Page 10, Line 211-47-201. Enforcement of voting rights act - civil action -
Page 11, Line 1attorney general powers - priority on court calendar. (1) (a) An
Page 11, Line 2aggrieved person may bring a civil action alleging a violation
Page 11, Line 3of section 1-47-105, 1-47-106, 1-47-107, or 1-47-108. The aggrieved
Page 11, Line 4person may file suit in the district court for the judicial district
Page 11, Line 5where the alleged violation occurred, in the district court for
Page 11, Line 6the judicial district where the aggrieved person resides, or in the Denver district court.
Page 11, Line 7(b) An aggrieved person that may bring suit pursuant to subsection (1)(a) of this section includes:
Page 11, Line 8(I) An individual;
Page 11, Line 9(II) An organization whose membership includes or is likely to include aggrieved individuals;
Page 11, Line 10(III) An organization whose mission would be frustrated
Page 11, Line 11by a violation of section 1-47-105, 1-47-106, 1-47-107, or 1-47-108; and
Page 11, Line 12(IV) An organization that would be required to expend
Page 11, Line 13additional 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 11, Line 14(2) (a) To enforce this article 47, the attorney general may:
Page 11, Line 15(I) Bring a civil action pursuant to subsection (1)(a) of this section; or
Page 11, Line 16(II) Intervene in a civil action brought by an aggrieved person pursuant to subsection (1)(a) of this section.
Page 11, Line 17(b) To enforce this article 47, the attorney general may
Page 11, Line 18conduct investigations and issue civil investigation demands
Page 11, Line 19related to potential violations of this article 47.
Page 12, Line 1(3) A civil action brought pursuant to this section
Page 12, Line 2receives preference over other civil causes and must be heard
Page 12, Line 3and determined in preference to other civil business, regardless of position on the calendar.
Page 12, Line 41-47-202. Notification letter - when required. (1) (a) Except
Page 12, Line 5as provided in subsection (2) of this section, before bringing a
Page 12, Line 6civil action against a political subdivision pursuant to section
Page 12, Line 71-47-201, an aggrieved person or the attorney general shall
Page 12, Line 8send by certified mail a notification letter to the political
Page 12, Line 9subdivision informing the political subdivision that it may be in
Page 12, Line 10violation of this article 47 and including details of the alleged violation.
Page 12, Line 11(b) An aggrieved person or the attorney general must
Page 12, Line 12wait sixty calendar days after sending the notification letter
Page 12, Line 13required by subsection (1)(a) of this section to bring a civil
Page 12, Line 14action against a political subdivision pursuant to section
Page 12, Line 151-47-201; except that, if a political subdivision adopts a
Page 12, Line 16resolution pursuant to section 1-47-203, an aggrieved person or
Page 12, Line 17the attorney general must wait ninety calendar days after the
Page 12, Line 18passage of the resolution to bring a civil action against the
Page 12, Line 19political subdivision, or if the solution identified in the
Page 12, Line 20resolution pursuant to section 1-47-203 (2) requires an election
Page 12, Line 21in the political subdivision, the aggrieved person or the
Page 12, Line 22attorney general must wait one hundred eighty calendar days
Page 12, Line 23after the passage of the resolution to bring a civil action against the political subdivision.
Page 12, Line 24(2) An aggrieved person or the attorney general may
Page 13, Line 1bring a civil action against a political subdivision pursuant to
Page 13, Line 2section 1-47-201 without first sending the notification letter required by subsection (1)(a) of this section if:
Page 13, Line 4(a) The aggrieved person or the attorney general is seeking preliminary relief pursuant to section 1-47-206 (1); or
Page 13, Line 5(b) A different aggrieved person or the attorney general
Page 13, Line 6previously sent a notification letter required by subsection
Page 13, Line 7(1)(a) of this section to the political subdivision that identified
Page 13, Line 8a substantially similar alleged violation of this article 47,
Page 13, Line 9sixty calendar days have passed since that notification letter
Page 13, Line 10was sent, and the political subdivision has not adopted a resolution providing for a solution to the alleged violation.
Page 13, Line 111-47-203. Political subdivision resolution - remedy for
Page 13, Line 12violation of Colorado Voting Rights Act - agreement with aggrieved
Page 13, Line 13person - definition. (1) As used in this section, unless the context
Page 13, Line 14otherwise requires, "resolution" means a resolution of a
Page 13, Line 15political subdivision that meets the requirements described in subsection (2)(b) of this section.
Page 13, Line 16(2) (a) After receiving a notification letter sent pursuant
Page 13, Line 17to section 1-47-202, the governing body of a political subdivision
Page 13, Line 18may adopt a resolution providing for a solution to the alleged
Page 13, Line 19violation of this article 47 as identified in the notification letter.
Page 13, Line 20(b) A resolution must:
Page 13, Line 21(I) Specifically identify the alleged violation of this
Page 13, Line 22article 47;
Page 14, Line 1(II) Identify a specific proposed solution to the violation alleged in the notification letter;
Page 14, Line 2(III) Affirm the intention of the political subdivision to
Page 14, Line 3enact and implement a solution to the identified alleged violation;
Page 14, Line 4(IV) Outline specific measures that the political
Page 14, Line 5subdivision will take to enact and implement the identified solution; and
Page 14, Line 6(V) Establish a schedule for enactment and implementation of the identified solution.
Page 14, Line 7(c) The adoption of a resolution does not constitute an
Page 14, Line 8admission by the political subdivision of any liability under this article 47.
Page 14, Line 9(3) (a) If a political subdivision adopts a resolution, the
Page 14, Line 10political subdivision shall implement the identified solution
Page 14, Line 11within ninety calendar days after the passage of the resolution;
Page 14, Line 12except that, if the identified solution requires an election in the
Page 14, Line 13political subdivision, the political subdivision shall implement
Page 14, Line 14the identified solution within one hundred eighty calendar days after the passage of the resolution.
Page 14, Line 15(b) (I) Within thirty days after the implementation of the
Page 14, Line 16identified solution, an aggrieved person who sent the
Page 14, Line 17notification letter that prompted the solution may demand
Page 14, Line 18reimbursement for the cost of the work product generated to support the notification letter.
Page 14, Line 19(II) An aggrieved person shall make the demand for
Page 14, Line 20reimbursement in writing and shall substantiate the demand
Page 15, Line 1with financial documentation, such as a detailed invoice for
Page 15, Line 2demography services or for the analysis of voting patterns in
Page 15, Line 3the political subdivision. A political subdivision may request
Page 15, Line 4additional documentation if the provided documentation is insufficient to corroborate the claimed costs.
Page 15, Line 5(III) A political subdivision shall reimburse an aggrieved
Page 15, Line 6person as described in this subsection (3)(b) for reasonable costs
Page 15, Line 7claimed or in an amount to which the political subdivision and
Page 15, Line 8the aggrieved person mutually agree. A political subdivision or
Page 15, Line 9an aggrieved person may file a declaratory judgment action to
Page 15, Line 10obtain a clarification of their rights under this subsection(3)(b).
Page 15, Line 11(4) If an aggrieved person or the attorney general
Page 15, Line 12determines that the solution identified in the resolution does
Page 15, Line 13not remedy the alleged violation identified in the notification
Page 15, Line 14letter sent pursuant to section 1-47-202, an aggrieved person or
Page 15, Line 15the attorney general may bring a civil action against the political subdivision pursuant to section 1-47-201.
Page 15, Line 161-47-204. Prima facie case - voter suppression. (1) (a) An
Page 15, Line 17aggrieved person or the attorney general bringing a civil action
Page 15, Line 18against a political subdivision pursuant to section 1-47-201that
Page 15, Line 19alleges a violation of section 1-47-105 establishes a prima facie
Page 15, Line 20case of voter suppression if the person shows, by a
Page 15, Line 21preponderance of the evidence, that the challenged action
Page 15, Line 22results in, will result in, or is intended to result in a material
Page 15, Line 23disparity between members of a protected class and other
Page 15, Line 24eligible electors in regard to voter participation, access to
Page 16, Line 1voting opportunities, or the opportunity or ability to participate in the political process.
Page 16, Line 2(b) If the aggrieved person or the attorney general
Page 16, Line 3establishes a prima facie case of voter suppression as described
Page 16, Line 4in subsection (1)(a) of this section, the burden shifts to the
Page 16, Line 5political subdivision to demonstrate by clear and convincing
Page 16, Line 6evidence that the challenged action is necessary to further an important, particularized governmental interest.
Page 16, Line 7(c) If the political subdivision meets its burden as
Page 16, Line 8described in subsection (1)(b) of this section, the challenged
Page 16, Line 9action may nonetheless be held invalid if the aggrieved person
Page 16, Line 10or the attorney general demonstrates by a preponderance of
Page 16, Line 11the evidence that the political subdivision could comparably
Page 16, Line 12further the identified important, particularized governmental
Page 16, Line 13interest through an alternative policy that results in a smaller
Page 16, Line 14disparity between members of a protected class and other eligible electors.
Page 16, Line 151-47-205. Factors in determining voter dilution. (1) (a) In
Page 16, Line 16determining whether a challenged method of election exhibits
Page 16, Line 17polarized voting for purposes of section 1-47-106(2)(a)(I), a court:
Page 16, Line 18(I) Shall determine the presence of polarized voting based
Page 16, Line 19only on the combined electoral preferences of the groups
Page 16, Line 20comprising the protected class, as defined in the complaint.
Page 16, Line 21There is no requirement to show that each group or any
Page 16, Line 22subgroup within a protected class is separately polarized from
Page 16, Line 23other eligible electors.
Page 17, Line 1(II) Shall not consider the causes of or reasons for
Page 17, Line 2polarized voting, including partisan explanations or discriminatory intent;
Page 17, 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 17, Line 4(IV) May consider analyses of relevant election results, including but not limited to:
Page 17, Line 5(A) Elections for offices of the political subdivision;
Page 17, Line 6(B) Elections held in the political subdivision for other offices, such as state or federal offices;
Page 17, Line 7(C) Ballot issues or questions; or
Page 17, Line 8(D) Other electoral choices that bear on the rights and privileges of the protected class.
Page 17, Line 9(b) The following do not preclude a finding that a violation of section 1-47-106 exists:
Page 17, Line 10(I) Evidence of nonpolarized voting in elections for offices outside the political subdivision;
Page 17, Line 11(II) Nonstatistical or nonquantitative evidence of
Page 17, Line 12nonpolarized voting, where allegations of polarized voting are based on quantitative or statistical evidence; or
Page 17, Line 13(III) Low turnout or registration rates among members of a protected class.
Page 17, Line 14(2) (a) In determining whether, based on the totality of
Page 17, Line 15the circumstances, the equal opportunity or ability of members
Page 17, Line 16of a protected class to nominate or elect the candidates of
Page 17, Line 17their choice is disparately impaired for purposes of section
Page 17, Line 181-47-106(2)(a)(II),a court may consider the following factors:
Page 18, Line 1(I) The history of discrimination affecting members of the protected class;
Page 18, Line 2(II) The extent to which members of the protected class
Page 18, Line 3are disadvantaged or otherwise bear the effects of public or
Page 18, Line 4private discrimination in areas that may hinder their ability to
Page 18, Line 5participate effectively in the political process, including
Page 18, Line 6education, employment, health, criminal justice, housing, transportation, land use, or environmental protection;
Page 18, Line 7(III) The extent to which members of the protected class vote at lower rates than other eligible electors;
Page 18, Line 8(IV) The extent to which members of the protected class
Page 18, Line 9contribute money to political campaigns or political causes at lower rates than other individuals;
Page 18, Line 10(V) The extent to which members of the protected class have been elected to office in the political subdivision;
Page 18, Line 11(VI) The extent to which candidates who are members of
Page 18, Line 12the protected class have faced barriers with respect to
Page 18, Line 13accessing the ballot, receiving financial support, or receiving other support for an election;
Page 18, Line 14(VII) The extent to which candidates face hostility or
Page 18, Line 15barriers while campaigning on account of their membership in the protected class; and
Page 18, Line 16(VIII) The use of overt or subtle racial appeals in
Page 18, Line 17political campaigns in the political subdivision or surrounding adoption or maintenance of the challenged method of election.
Page 18, Line 18(b) None of the factors described in subsection (2)(a) of
Page 18, Line 19this section are dispositive or necessary to establish the
Page 19, Line 1existence of a violation of section 1-47-106 and no specified
Page 19, Line 2number or combination of factors is required to establish a violation of section 1-47-106.
Page 19, Line 3(3) Whether members of a protected class typically elect
Page 19, Line 4candidates of their choice to the relevant governing body in
Page 19, Line 5approximate proportion to their total number or share of the
Page 19, Line 6population may be relevant to finding a violation of section 1-47-106 and determining an appropriate remedy.
Page 19, Line 7(4) The fact that members of a protected class are not
Page 19, Line 8geographically compact or concentrated does not preclude
Page 19, Line 9finding a violation of section 1-47-106, but may be considered in determining an appropriate remedy for a violation.
Page 19, Line 101-47-206. Remedy for violation of Colorado Voting Rights Act
Page 19, Line 11- preliminary relief - award of costs and fees. (1) (a) An aggrieved
Page 19, Line 12person that brings a civil action against a political subdivision
Page 19, Line 13pursuant to section 1-47-201, or the attorney general, may seek
Page 19, Line 14preliminary relief concerning an upcoming election held in the
Page 19, Line 15political subdivision if the civil action is brought within the one-hundred-twenty-day period prior to the election.
Page 19, Line 16(b) A court of competent jurisdiction hearing a civil
Page 19, Line 17action filed pursuant to section 1-47-201 that seeks preliminary
Page 19, Line 18relief pursuant to subsection (1)(a) of this section shall grant preliminary relief if the court determines that:
Page 19, Line 19(I) The aggrieved person or the attorney general is reasonably likely to succeed on the merits;
Page 19, Line 20(II) There is a danger of immediate and irreparable injury,
Page 19, Line 21loss, or damage that may be prevented by granting preliminary relief; and
Page 20, Line 1(III) An appropriate remedy to the alleged violation can
Page 20, Line 2be implemented prior to the election in a manner that will not unduly disrupt the election.
Page 20, Line 3(2) (a) If a court of competent jurisdiction hearing a civil
Page 20, Line 4action filed pursuant to section 1-47-201 finds a violation of this
Page 20, Line 5article 47, the court shall order appropriate remedies that are tailored to address the violation.
Page 20, Line 6(b) The court shall consider remedies proposed by a party
Page 20, Line 7and may consider remedies proposed by interested nonparties.
Page 20, Line 8The court shall not provide deference or priority to a remedy proposed by a defendant or political subdivision.
Page 20, Line 9(c) In determining an appropriate remedy, the court shall
Page 20, Line 10consider how disruptive the remedy will be to state law, the
Page 20, Line 11conduct of general, primary, or coordinated elections or an
Page 20, Line 12imminent municipal election, and the operations of the political subdivision.
Page 20, Line 13(d) If a provision of law would preclude an otherwise
Page 20, Line 14appropriate remedy, the court may nonetheless order a political
Page 20, Line 15subdivision to implement the remedy that is inconsistent with the provision of law.
Page 20, Line 16(3) If a court of competent jurisdiction hearing a civil
Page 20, Line 17action filed pursuant to section 1-47-201 finds a violation of this
Page 20, Line 18article 47, the court may award reasonable attorney fees and
Page 20, Line 19costs to the prevailing party; except that, if a political
Page 20, Line 20subdivision is the prevailing party, the court may not award fees
Page 20, Line 21or costs unless the court finds the civil action to be frivolous.
Page 21, Line 11-47-207. Attorney general enforcement.Enforcement by the
Page 21, Line 2attorney general of this article 47 or related legal actions are
Page 21, Line 3brought solely at the attorney general's discretion on behalf
Page 21, Line 4of the state. Actions brought by the attorney general pursuant
Page 21, Line 5to this article 47 are brought under the attorney general's own authority and not on behalf of the secretary of state.
Page 21, Line 6PART 3
STATEWIDE ELECTION INFORMATION
Page 21, Line 81-47-301. Election data collection and maintenance.
Page 21, Line 9(1) (a) The secretary of state shall collect and maintain the following data in an electronic format:
Page 21, Line 10(I) Annual estimates of total population, voting age
Page 21, Line 11population, and citizen voting age population by race, ethnicity,
Page 21, Line 12language minority group, and disability status for each
Page 21, Line 13political subdivision, which are specified at the precinct level,
Page 21, Line 14if available, or the district or county level and which are based
Page 21, Line 15on information from the United States census bureau, including
Page 21, Line 16from the American community survey, or information of
Page 21, Line 17comparable quality collected by a public entity. The
Page 21, Line 18department of local affairs, created in section 24-1-125, shall
Page 21, Line 19annually provide the required estimates to the secretary of state.
Page 21, Line 20(II) Election results at the precinct level for state and political subdivision elections; and
Page 21, Line 22(III) Geocoded locations of voter service and polling
Page 22, Line 1centers, polling locations, ballot drop boxes, and ballot
Page 22, Line 2drop-off locations for each election in each political
Page 22, Line 3subdivision, if available, in addition to the number of days and
Page 22, Line 4hours that each voter service and polling center, polling location, or ballot drop-off location is open.
Page 22, Line 6(b) The secretary of state shall retain the data described
Page 22, Line 7in subsection (1)(a) of this section for the length of time that it
Page 22, Line 8is available or the preceding twelve years and shall maintain the data on as current a basis as is possible.
Page 22, Line 9(c) The secretary of state shall make the data
Page 22, Line 10described in subsection (1)(a) of this section available on the
Page 22, Line 11secretary of state's website in an accessible and appropriate
Page 22, Line 12electronic format; except that personally identifiable voter
Page 22, Line 13information that is not publicly available is not published and accessible.
Page 22, Line 141-47-302. Submission of election data by political subdivisions.
Page 22, Line 15(1) After the certification of an election of any political
Page 22, Line 16subdivision, the entity responsible for administering the election
Page 22, Line 17shall submit to the secretary of state the following
Page 22, Line 18information in an accessible and appropriate format as determined by the secretary of state:
Page 22, Line 19(a) Election results, specified at the precinct level if available; and
(b) Election district and precinct boundaries, if available.
Page 22, Line 21(2) The entity responsible for administering the election
Page 23, Line 1is not required to submit information described in subsection (1)
Page 23, Line 2of this section if the secretary of state is already in possession of the information.
Page 23, Line 3(3) The secretary of state shall make the information
Page 23, Line 4described in subsection (1) of this section available on the
Page 23, Line 5secretary of state's website in an accessible and appropriate electronic format.
Page 23, Line 6(4) The secretary of state shall provide adequate
Page 23, Line 7technological security measures to prevent unauthorized
Page 23, Line 8access to voter-related records and shall establish adequate
Page 23, Line 9and reasonable technological security requirements for the exchange or transfer of data.
Page 23, Line 11SECTION 5. In Colorado Revised Statutes, 24-31-101, amend (1)(i)(XXII) and (1)(i)(XXIII); and add (1)(i)(XXIV) as follows:
Page 23, Line 1224-31-101. Powers and duties of attorney general. (1) The attorney general:
Page 23, Line 13(i) May independently initiate and bring civil and criminal actions to enforce state laws, including actions brought pursuant to:
Page 23, Line 14(XXII) Part 14 of article 12 of title 38;
and(XXIII) Section 24-34-806; and
Page 23, Line 15(XXIV) The "Colorado Voting Rights Act", article 47 of title 1.
Page 23, Line 16SECTION 6. In Colorado Revised Statutes, add part 16 to article 10 of title 31 as follows:
Page 23, Line 17PART 16
Page 23, Line 18MULTILINGUAL BALLOT ACCESS
Page 24, Line 131-10-1601. Legislative declaration - intent. (1) The general assembly finds and declares that:
Page 24, Line 2(a) Congress enacted the language minority provisions of
Page 24, Line 3the federal "Voting Rights Act of 1965" because "through the
Page 24, Line 4use of various practices and procedures, citizens of language
Page 24, Line 5minorities have been effectively excluded from participation in the electoral process...";
Page 24, Line 6(b) Based on the 2023 five-year estimates specified in the
Page 24, Line 7United States bureau of the census American community survey,
Page 24, Line 8there are one hundred twenty-three thousand six hundred
Page 24, Line 9fifty-seven eligible electors in Colorado who speak English
Page 24, Line 10"less than very well". As of the 2024 general election, an
Page 24, Line 11estimated one hundred five thousand four hundred eighty-four
Page 24, Line 12of those eligible electors live within a county that is covered by
Page 24, Line 13the multilingual ballot requirements of House Bill 21-1011,
Page 24, Line 14enacted in 2021. Out of an estimated one hundred thirty-one
Page 24, Line 15municipalities that exist wholly or partially in a covered
Page 24, Line 16county, an estimated fifty-eight municipalities coordinate their
Page 24, Line 17elections with the county and electors receive multilingual
Page 24, Line 18ballot access. The estimated remaining seventy-three
Page 24, Line 19municipalities hold elections independently and the ability for
Page 24, Line 20electors to access minority language ballots is contingent on the municipality independently offering these resources.
Page 24, Line 21(c) By passing House Bill 21-1011, the general assembly
Page 24, Line 22expanded minority language ballot access beyond federal
Page 24, Line 23requirements to cover additional counties and declared that
Page 24, Line 24ensuring Colorado citizens have access to multilingual ballots is a matter of statewide concern;
Page 25, Line 1(d) For electors in counties covered by the requirements
Page 25, Line 2of House Bill 21-1011, however, the ability to vote with a
Page 25, Line 3minority language ballot in a municipal election is contingent
Page 25, Line 4on whether the municipality aligns its election with a county,
Page 25, Line 5unless the municipality independently offers access to a
Page 25, Line 6multilingual ballot, and electors should not be denied access
Page 25, Line 7to a multilingual ballot that they would otherwise have access to; and
Page 25, Line 8(e) Colorado again has an opportunity to make the ballot
Page 25, Line 9accessible to more eligible electors and provide them with
Page 25, Line 10meaningful access by expanding minority language ballot
Page 25, Line 11access beyond federal requirements and those enacted in House Bill 21-1011.
Page 25, Line 12(2) The general assembly further finds and declares that the intent of this part 16 is to:
Page 25, Line 13(a) Ensure minority language ballot access for electors
Page 25, Line 14in municipalities that are wholly or partially in counties covered by the requirements of House Bill 21-1011; and
Page 25, Line 15(b) Expand minority language ballot access without
Page 25, Line 16changing or reducing the existing responsibilities pursuant to
Page 25, Line 17section 203 of the "Voting Rights Act of 1965" and part 9 of article 5 of title 1.
Page 25, Line 1831-10-1602. Definitions.As used in this part 16, unless the context otherwise requires:
Page 25, Line 19(1) "Minority language ballot" means a ballot that is
Page 25, Line 20fully translated into a language other than English. The
Page 26, Line 1content of a "minority language ballot" may be in only a
Page 26, Line 2language other than English or both English and a language other than English.
Page 26, Line 3(2) "Minority language sample ballot" means a document
Page 26, Line 4that is available to qualified electors to help them prepare for
Page 26, Line 5an election that contains all candidates, questions, and
Page 26, Line 6instructions for voting, and is fully translated into a language other than English.
Page 26, Line 7(3) "Qualified translator" means a translator who is determined by the secretary of state to:
Page 26, Line 8(a) Be screened and tested for proficiency in both written
Page 26, Line 9English and the target language with affiliation or
Page 26, Line 10accreditation by a nationally recognized association of
Page 26, Line 11translators or have other credentials or certifications that
Page 26, Line 12are comparable to or exceed the standards used by a nationally recognized association of translators; and
Page 26, Line 13(b) Produce translations that are linguistically
Page 26, Line 14accurate, culturally appropriate, and technically consistent with the original documents.
Page 26, Line 1531-10-1603. Multilingual ballot access - general provisions -
Page 26, Line 16requirements of secretary of state - clerks.A clerk is required to
Page 26, Line 17provide multilingual ballot access by creating a minority
Page 26, Line 18language sample ballot pursuant to section 31-10-1604 and
Page 26, Line 19providing an in-person minority language ballot pursuant to
Page 26, Line 20section 31-10-1605 if the municipality exists partially or wholly
Page 26, Line 21within a county covered by the multilingual ballot
Page 26, Line 22requirements of section 1-5-905 (1).
Page 27, Line 131-10-1604. Minority language sample ballots - clerks - mail
Page 27, Line 2ballot elections. (1) The clerk of any municipality that satisfies
Page 27, Line 3the criteria specified in section 31-10-1603 shall create a
Page 27, Line 4minority language sample ballot in any minority language for
Page 27, Line 5which a minority language sample ballot is required pursuant
Page 27, Line 6to section 1-5-906 for the county in which the municipality partially or wholly exists.
Page 27, Line 7(2) The minority language sample ballot must include all of the same content that is on the English language ballot.
Page 27, Line 8(3) A clerk who is required to create a minority language
Page 27, Line 9sample ballot in one or more minority languages pursuant to
Page 27, Line 10this section shall provide the minority language sample ballot for any municipal election held on or after January 1, 2027.
Page 27, Line 11(4) The clerk shall make the minority language sample
Page 27, Line 12ballot available and accessible to electors on the
Page 27, Line 13municipality's website and at polling places municipality-wide,
Page 27, Line 14if used. For an election using mail ballots, the clerk shall
Page 27, Line 15notify all active eligible electors in the municipality via the
Page 27, Line 16mail ballot packet and in each language in which a minority
Page 27, Line 17language sample ballot will be created that a minority language sample ballot is available.
Page 27, Line 18(5) The clerk shall ensure that the translation provided
Page 27, Line 19for the minority language sample ballot is performed by one or more qualified translators.
Page 27, Line 2031-10-1605. In-person minority language ballot - clerks -
Page 27, Line 21polling places. (1) The clerk of any municipality that satisfies the
Page 27, Line 22criteria specified in section 31-10-1603 shall ensure that at least
Page 28, Line 1one publicly accessible location in the municipality is equipped
Page 28, Line 2to provide, upon the request of a qualified elector, an in-person
Page 28, Line 3minority language ballot in any minority language for which a
Page 28, Line 4minority language ballot is required pursuant to section 1-5-906
Page 28, Line 5for the county in which the municipality partially or wholly
Page 28, Line 6exists. If the municipality establishes a polling place for an
Page 28, Line 7election, the clerk shall ensure that the polling place is
Page 28, Line 8equipped to provide, upon the request of a voter, an in-person minority language ballot.
Page 28, Line 9(2) An in-person minority language ballot option must be
Page 28, Line 10a ballot on demand, a ballot from a printed stock of ballots, or
Page 28, Line 11a ballot via a voting device and must include all of the same content that is on the English language ballot.
Page 28, Line 12(3) A clerk who is required to provide an in-person
Page 28, Line 13minority language ballot option in one or more minority
Page 28, Line 14languages pursuant to this section shall provide an in-person
Page 28, Line 15minority language ballot option for any municipal election held on or after January 1, 2027.
Page 28, Line 16(4) For an election using mail ballots, the clerk shall
Page 28, Line 17notify all active eligible electors in the municipality via the
Page 28, Line 18mail ballot packet and in each language in which the in-person
Page 28, Line 19minority language ballot option will be available that electors
Page 28, Line 20may request an in-person minority language ballot and where the elector may request the in-person minority language ballot.
Page 28, Line 2131-10-1606. Coordination with counties.Municipalities may
Page 28, Line 22coordinate elections with counties to lessen the costs incurred
Page 28, Line 23in complying with the multilingual ballot requirements of this part 16 and part 9 of article 5 of title 1.
Page 29, Line 1SECTION 7. Act subject to petition - effective date -
Page 29, Line 2applicability. (1) This act takes effect at 12:01 a.m. on the day following
Page 29, Line 3the expiration of the ninety-day period after final adjournment of the
Page 29, Line 4general assembly; except that, if a referendum petition is filed pursuant
Page 29, Line 5to section 1 (3) of article V of the state constitution against this act or an
Page 29, Line 6item, section, or part of this act within such period, then the act, item,
Page 29, Line 7section, or part will not take effect unless approved by the people at the
Page 29, Line 8general election to be held in November 2026 and, in such case, will take
Page 29, Line 9effect on the date of the official declaration of the vote thereon by the governor.
Page 29, Line 10(2) This act applies to elections and election-related activities occurring on or after January 1, 2026.