A Bill for an Act
Page 1, Line 101Concerning the authority of a county clerk and recorder to
Page 1, Line 102allow a team of bipartisan election judges to verify
Page 1, Line 103signatures in a mail ballot election.
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.)
Currently, in every mail ballot election coordinated with or conducted by a county clerk and recorder, a single election judge personally conducts the review of each mail ballot for purposes of signature verification, unless the county clerk and recorder allows the election judge to use a signature verification device. The bill authorizes the county clerk and recorder to allow a team of bipartisan election judges, rather than a single election judge, to review mail ballots for purposes of signature verification. The bill authorizes the secretary of state to adopt rules concerning the procedure for using a team of bipartisan election judges for such signature verification.
Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 2, Line 2SECTION 1. In Colorado Revised Statutes, 1-7.5-107.3, amend (1)(a), (2)(a), (2)(c), (3), (4)(a), (5), and (6); and add (1)(c) as follows:
Page 2, Line 31-7.5-107.3. Verification of signatures - rules. (1) (a) Except as
Page 2, Line 4provided in subsection (5) of this section, in every mail ballot election
Page 2, Line 5that is coordinated with or conducted by the county clerk and recorder, an
Page 2, Line 6election judge or a team of bipartisan election judges if
Page 2, Line 7authorized pursuant to subsection (1)(c) of this section shall
Page 2, Line 8compare the signature on the self-affirmation on each return envelope
Page 2, Line 9with the signature of the eligible elector stored in the statewide voter
Page 2, Line 10registration system in accordance with subsections (2), (3), and (4) of this section.
Page 2, Line 11(c) A county clerk and recorder may allow a team of two
Page 2, Line 12bipartisan election judges to compare the signature on the
Page 2, Line 13self-affirmation on each return envelope with the signature of
Page 2, Line 14the eligible elector stored in the statewide voter registration
Page 2, Line 15system in accordance with this section and any rules adopted by the secretary of state pursuant to subsection (6) of this section.
Page 2, Line 16(2) (a) (I) (A) If, upon comparing the signature of an eligible
Page 2, Line 17elector on the self-affirmation on the return envelope with the signature
Page 2, Line 18of the eligible elector stored in the statewide voter registration system, the
Page 2, Line 19election judge determines that the signatures do not match, or if a
Page 2, Line 20signature verification device used pursuant to subsection (5) of this
Page 3, Line 1section is unable to determine that the signatures match, two other
Page 3, Line 2election judges of different political party affiliations shall simultaneously compare the signatures; or
Page 3, Line 3(B) If, upon comparing the signature of an eligible elector
Page 3, Line 4on the self-affirmation on the return envelope with the
Page 3, Line 5signature of the eligible elector stored in the statewide voter
Page 3, Line 6registration system, a team of two bipartisan election judges as
Page 3, Line 7specified in subsection (1)(c) of this section determines that the
Page 3, Line 8signatures do not match, or if a signature verification device
Page 3, Line 9used pursuant to subsection (5) of this section is unable to
Page 3, Line 10determine that the signatures match, one other election judge of any political party affiliation shall compare the signatures.
Page 3, Line 11(II) If
bothPage 3, Line 12pursuant to subsection (2)(a)(I)(A) or (2)(a)(I)(B) of this section,
Page 3, Line 13the other election judge or judges agree that the signatures do not
Page 3, Line 14match, the county clerk and recorder shall, within three days after the
Page 3, Line 15signature deficiency has been confirmed, but in no event later than two
Page 3, Line 16days after election day, send to the eligible elector at the address indicated
Page 3, Line 17in the registration records and to the eligible elector's electronic mail
Page 3, Line 18address if available a letter explaining the discrepancy in signatures and
Page 3, Line 19a form for the eligible elector to confirm that the elector returned a ballot
Page 3, Line 20to the county clerk and recorder. If the county clerk and recorder receives
Page 3, Line 21the form within eight days after election day confirming that the elector
Page 3, Line 22returned a ballot to the county clerk and recorder and enclosing a copy of
Page 3, Line 23the elector's identification as defined in section 1-1-104 (19.5), and if the
Page 3, Line 24ballot is otherwise valid, the ballot shall be counted. If the eligible elector
Page 3, Line 25returns the form indicating that the elector did not return a ballot to the
Page 4, Line 1county clerk and recorder, or if the eligible elector does not return the
Page 4, Line 2form within eight days after election day, the self-affirmation on the
Page 4, Line 3return envelope shall be categorized as incorrect, the ballot shall not be
Page 4, Line 4counted, and the county clerk and recorder shall send copies of the
Page 4, Line 5eligible elector's signature on the return envelope and the signature stored
Page 4, Line 6in the statewide voter registration system to the district attorney for investigation.
Page 4, Line 7(c) In the case of a disagreement among the election judges as to
Page 4, Line 8whether the signature of an eligible elector on the self-affirmation on the
Page 4, Line 9return envelope matches the signature of the eligible elector stored in the
Page 4, Line 10statewide voter registration system pursuant to the procedures specified
Page 4, Line 11in
paragraph (a) of this subsection (2)Page 4, Line 12section, the signatures are deemed to match, and the election judge or
Page 4, Line 13team of bipartisan election judges shall follow the procedures
Page 4, Line 14specified in section 1-7.5-107 (6) concerning the qualification and counting of mail ballots.
Page 4, Line 15(3) If the election judge or team of bipartisan election judges
Page 4, Line 16determines that the signature of an eligible elector on the self-affirmation
Page 4, Line 17matches the elector's signature stored in the statewide voter registration
Page 4, Line 18system, the election judge or team of bipartisan election judges shall
Page 4, Line 19follow the procedures specified in section 1-7.5-107 (6) concerning the qualification and counting of mail ballots.
Page 4, Line 20(4) (a) An election judge or team of bipartisan election
Page 4, Line 21judges shall not determine that the signature of an eligible elector on the
Page 4, Line 22self-affirmation does not match the signature of that eligible elector
Page 4, Line 23stored in the statewide voter registration system solely on the basis of
Page 4, Line 24substitution of initials or use of a common nickname.
Page 5, Line 1(5) (a) A county clerk and recorder may allow an election judge
Page 5, Line 2or a team of bipartisan election judges to use a signature
Page 5, Line 3verification device to compare the signature on the self-affirmation on a
Page 5, Line 4return envelope of an eligible elector's ballot with the signature of the
Page 5, Line 5elector stored in the statewide voter registration system in accordance
Page 5, Line 6with this subsection (5) and any rules promulgated by the secretary of state pursuant to subsection (6) of this section.
Page 5, Line 7(b) If a signature verification device determines that the signature
Page 5, Line 8on the self-affirmation on a return envelope of an eligible elector's ballot
Page 5, Line 9matches the signature of the elector stored in the statewide voter
Page 5, Line 10registration system, the signature on the self-affirmation is deemed
Page 5, Line 11verified, and the election judge or team of bipartisan election judges
Page 5, Line 12shall follow the procedures specified in section 1-7.5-107 (6) concerning
Page 5, Line 13the qualification and counting of mail ballots. If a signature verification
Page 5, Line 14device is unable to determine that the signature on the self-affirmation on
Page 5, Line 15a return envelope of an eligible elector's mail ballot matches the signature
Page 5, Line 16of the elector stored in the statewide voter registration system, an election
Page 5, Line 17judge or a team of bipartisan election judges shall compare the signatures in accordance with subsections (2), (3), and (4) of this section.
Page 5, Line 18(6) The secretary of state shall adopt rules in accordance with
Page 5, Line 19article 4 of title 24
C.R.S.,Page 5, Line 20verification devices or a bipartisan team of judges to process ballots used in mail ballot elections pursuant to this
articlePage 5, Line 21SECTION 2. Act subject to petition - effective date. This act
Page 5, Line 22takes effect at 12:01 a.m. on the day following the expiration of the
Page 5, Line 23ninety-day period after final adjournment of the general assembly; except
Page 5, Line 24that, if a referendum petition is filed pursuant to section 1 (3) of article V
Page 6, Line 1of the state constitution against this act or an item, section, or part of this
Page 6, Line 2act within such period, then the act, item, section, or part will not take
Page 6, Line 3effect unless approved by the people at the general election to be held in
Page 6, Line 4November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.