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 and making an appropriation.
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, which need not contain a photograph, that is:
Page 3, Line 6(A) Issued by a federally recognized tribal government, the bureau of Indian affairs, or the Indian health service; or
Page 3, Line 7(B) Issued by any other federal agency issuing
Page 3, Line 8identification certifying tribal membership and that includes an address in the state; or
Page 3, Line 10SECTION 2. In Colorado Revised Statutes, add 1-1-117 as follows:
Page 3, Line 11 1-1-117. Party member access to methods of selecting
Page 3, Line 12candidates for the general election.Each major political party
Page 3, Line 13shall ensure that any future alternative process by which a
Page 3, Line 14party may select candidates for the general election, as
Page 3, Line 15provided by section 1-4-702, includes a process for party members
Page 4, Line 1to vote that does not require a party member to cast their vote
Page 4, Line 2in person and by which eligible party members not able to attend
Page 4, Line 3a nominating assembly or convention, convened as provided by
Page 4, Line 4section 1-4-702, in person can participate to the same extent as those voting in person.
Page 4, Line 5SECTION 3. In Colorado Revised Statutes, 1-5-105, amend (1) as follows:
Page 4, Line 61-5-105. Restrictions. (1) No election-related activity may be
Page 4, Line 7conducted within one hundred feet of any building in which a polling
Page 4, Line 8location or drop-off location is located or within one hundred feet of
Page 4, Line 9a drop box, except that of the conduct of the election at the polling location,
orPage 4, Line 10SECTION 4. In Colorado Revised Statutes, 1-5-102.9, amend (5)(e) as follows:
Page 4, Line 111-5-102.9. Voter service and polling centers - number required
Page 4, Line 12- services provided - drop-off locations - definition. (5) (e) For a
Page 4, Line 13general election, in addition to the requirements of subsection (5)(a) of
Page 4, Line 14this section, at the request of the tribal council of an Indian tribe located
Page 4, Line 15on a federal reservation whose headquarters are within the county's
Page 4, Line 16boundaries, a county shall establish a
drop-off locationPage 4, Line 17the boundaries of the reservation. The
drop-off locationPage 4, Line 18accept ballots for the fifteen-day period prior to and including the day of the election.
Page 4, Line 19SECTION 5. In Colorado Revised Statutes, 1-5-702, add (2.7) as follows:
Page 4, Line 201-5-702. Definitions. As used in this part 7, unless the context
Page 4, Line 21otherwise requires:
(2.7) "Covered entity" means:
Page 5, Line 1(a) An adult day care facility, as defined in section 25.5-6-303 (1);
Page 5, Line 2(b) An alternative care facility, as defined in section 25.5-6-303 (3);
Page 5, Line 3(c) An assisted living residence, as defined in section 25-27-102 (1.3);
Page 5, Line 4(d) A community residential home, as defined in section 25.5-10-202 (5);
Page 5, Line 5(e) An intermediate nursing facility for persons with
Page 5, Line 6intellectual and developmental disabilities, as defined in section 25.5-4-103 (9);
Page 5, Line 7(f) A nursing facility, as defined in section 25.5-4-103 (14); or
Page 5, Line 8(g) A state-run psychiatric hospital or mental health
Page 5, Line 9institute operated by the department of human services created in section 26-1-105.
Page 5, Line 10SECTION 6. 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 that it occupies and in which it serves clients.
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 6, Line 1(c) Include contact information for requesting effective
Page 6, Line 2communication accommodations consistent with Title II of the
Page 6, Line 3federal "Americans with Disabilities Act of 1990", 42 U.S.C. sec. 12101 et seq.;
Page 6, Line 4(d) State that information concerning drop boxes and
Page 6, Line 5voter service and polling centers can be found on county election websites;
Page 6, Line 6(e) Be written in plain language; and
(f) Be available in alternate accessible formats.
Page 6, Line 7(3) A covered entity shall publicly display the notice
Page 6, Line 8required by subsection (1) of this section during the thirty days preceding a general or coordinated election.
Page 6, Line 10SECTION 7. In Colorado Revised Statutes, 1-7-110, amend (5) as follows:
Page 6, Line 111-7-110. Preparing to vote in person. (5) An eligible elector
Page 6, Line 12who does not reside within the county but wishes to vote at a polling
Page 6, Line 13location is entitled to receive a
mailmailPage 6, Line 14contains the names of candidates for statewide federal and state offices
Page 6, Line 15and statewide ballot issues and ballot questions. The secretary of state shall certify the content of the ballot to the county clerk and recorder.
Page 6, Line 16SECTION 8. In Colorado Revised Statutes, 1-13-714, amend (1)(a) as follows:
Page 6, Line 171-13-714. Electioneering - removing and return of ballot -
Page 6, Line 18definition. (1) (a)
NoPage 6, Line 19day of any election, or during the time when voting is permitted for any
Page 7, Line 1election, within any polling location or in any public street or room or in
Page 7, Line 2any public manner within one hundred feet of any building in which a
Page 7, Line 3polling location or drop-off location is located, as publicly posted by
Page 7, Line 4the designated election official, or within one hundred feet of a drop box.
Page 7, Line 5SECTION 9. In Colorado Revised Statutes, 1-10.5-102, amend (3)(a)(III) as follows:
Page 7, Line 61-10.5-102. Recounts for congressional, state, and district
Page 7, Line 7offices, state ballot questions, and state ballot issues. (3) (a) Prior to
Page 7, Line 8any recount, the canvass board shall choose at random and test at least
Page 7, Line 9one ballot scanner that will be used in the candidate race, ballot issue, or
Page 7, Line 10ballot question that is the subject of the recount. The purpose of the test
Page 7, Line 11is to ensure that the voting system accurately tabulates votes in the
Page 7, Line 12recounted contest. To conduct the test, the county must prepare and tabulate the following groups of ballots:
Page 7, Line 13(III) For a mandatory recount,
aPage 7, Line 14other than the clerk, shall separately mark their own group of
Page 7, Line 15
ballots consisting ofmarked by at least two canvass board members of different party affiliations.Page 7, Line 16SECTION 10. In Colorado Revised Statutes, 1-10.5-107, amend (1), (2), (3), and (4) as follows:
Page 7, Line 171-10.5-107. Conducting a recount. (1) Any county clerk and
Page 7, Line 18recorder
or governing bodytoPage 7, Line 19
have the recount made byPage 7, Line 20certifying the official abstract of votes cast to observe the conduct of
Page 7, Line 21the recount. If any member of the canvass board cannot
participate inPage 7, Line 22be present for the recount, another person shall be appointed in the
Page 8, Line 1manner provided by law for appointment of the members of the original board.
Page 8, Line 2(2)
Any canvass board makingPage 8, Line 3conducting a recount
under the provisions of this section mayPage 8, Line 4employ assistants,
andPage 8, Line 5conduct of the recount. The clerk and recorder shall employ a
Page 8, Line 6bipartisan team of election judges to determine issues of voter
Page 8, Line 7intent in accordance with rules adopted by the secretary of
Page 8, Line 8state. If the bipartisan team of election judges cannot make a
Page 8, Line 9unanimous decision regarding an issue of voter intent, the canvass board shall, by majority vote, make such determination.
Page 8, Line 10(3) The canvass board
may require the production of anyPage 8, Line 11
documentary evidence regarding any vote cast or counted andPage 8, Line 12the abstract of votes cast,
in accordance with its findings based on thePage 8, Line 13
evidence presentedPage 8, Line 14(4) At the conclusion of the recount, the
canvass boardPage 8, Line 15clerk and recorder shall make the returns of all partisan, nonpartisan,
Page 8, Line 16ballot issue, and ballot question elections to the
designated electionPage 8, Line 17
officialPage 8, Line 18requesting the recount or notified of the recount pursuant to sections
Page 8, Line 191-10.5-105 and 1-10.5-106. The canvass board shall meet and issue an
Page 8, Line 20amended abstract of votes cast for the office, ballot issue, or ballot
Page 8, Line 21question that is the subject of the recount and deliver it to the designated election official.
Page 8, Line 23SECTION 11. In Colorado Revised Statutes, add article 47 to title 1 as follows:
Page 9, Line 1ARTICLE 47
Colorado Voting Rights Act
Page 9, Line 2PART 1
VOTING RIGHTS
Page 9, Line 31-47-101. Short title.This article 47 is known and may be cited as the "Colorado Voting Rights Act".
Page 9, Line 41-47-102. Legislative declaration. (1) The general assembly finds and declares that:
Page 9, Line 5(a) Electoral systems or practices that deny to race,
Page 9, Line 6color, or language minority groups an equal opportunity to
Page 9, Line 7elect candidates of their choice are inconsistent with the right
Page 9, Line 8to free and open elections as provided by section 5 of article II
Page 9, Line 9of the state constitution and protections found in the
Page 9, Line 10fourteenth and fifteenth amendments to the United States constitution;
Page 9, Line 11(b) Discrimination in voting is a persistent matter of
Page 9, Line 12statewide concern due to the history of discriminatory practices that create disparities that persist over time; and
Page 9, Line 13(c) Voter turnout is a matter of statewide concern and is
Page 9, Line 14more likely to be low in local elections that are not coordinated with statewide elections.
Page 9, Line 15(2) The general assembly further finds and declares that
Page 9, Line 16the prevention of discrimination in voting and voter turnout are matters of statewide concern.
Page 9, Line 17(3) Therefore, it is in the best interest of the state to
Page 9, Line 18create a state voting rights act that protects against
Page 10, Line 1discrimination in voting and that encourages local elections to be held in coordination with statewide elections.
Page 10, Line 21-47-103. Definitions.As used in this article 47, unless the context otherwise requires:
Page 10, Line 4(1) "Attorney general" means the attorney general, as
Page 10, Line 5defined in the state constitution, and the office of the attorney general.
Page 10, Line 6(2) "Ballot issue" has the same meaning as set forth in section 1-1-104 (2.3).
Page 10, Line 7(3) "Ballot question" has the same meaning as set forth in section 1-1-104 (2.7).
Page 10, Line 8(4) "Coordinated election" has the same meaning as set forth in section 1-1-104 (6.5).
Page 10, Line 9(5) "County" includes a city and county.
Page 10, Line 10(6) "Disability" has the same meaning as set forth in the
Page 10, Line 11federal "Americans with Disabilities Act of 1990", 42 U.S.C. sec. 12101, et seq.
Page 10, Line 13(7) "Drop box" has the same meaning as set forth in section 1-1-104 (9.7).
Page 10, Line 14(8) "Drop-off location" has the same meaning as set forth
Page 10, Line 15in section 1-1-104 (9.8). "Drop-off location" includes a ballot box
Page 10, Line 16as described in the "Colorado Municipal Election Code of 1965", article 10 of title 31.
Page 10, Line 17(9) "Elector" has the same meaning as set forth in section
Page 10, Line 181-1-104 (12).
Page 11, Line 1(10) "Eligible elector" has the same meaning as set forth in section 1-1-104 (16).
Page 11, Line 2(11) "Gender expression" has the same meaning as set forth in section 24-34-301 (9).
Page 11, Line 3(12) "Gender identity" has the same meaning as set forth in section 24-34-301 (10).
Page 11, Line 4(13) "General election" has the same meaning as set forth in section 1-1-104 (17).
Page 11, Line 5(14) "Language minority group" means individuals whose primary language is any language other than English.
Page 11, Line 6(15) "Material disparity" means a non-trivial difference.
Page 11, Line 7(16) "Method of election" means the method by which
Page 11, Line 8candidates are elected to the legislative body of the political subdivision.
Page 11, Line 9(17) "Municipality" has the same meaning as set forth in section 31-1-101 (6).
Page 11, Line 10(18) "Polarized voting" means voting in which there is a
Page 11, Line 11divergence in the candidate or political preferences, or
Page 11, Line 12electoral choices, of members in a protected class from the
Page 11, Line 13candidate or political preferences, or electoral choices, of other electors in the political subdivision.
Page 11, Line 14(19) "Political subdivision" means a statutory or home
Page 11, Line 15rule county, city and county, city, town, or municipality.
Page 11, Line 16"Political subdivision" does not include a school district or special district.
Page 11, Line 17(20) "Polling location" has the same meaning as set forth
Page 11, Line 18in section 1-1-104 (27.5).
Page 12, Line 1(21) "Precinct" has the same meaning as set forth in section 1-1-104 (30).
Page 12, Line 2(22) "Primary election" has the same meaning as set forth in section 1-1-104 (32).
Page 12, Line 3(23) "Protected class" means a class of electors who are
Page 12, Line 4members of one or more racial, color, or language minority groups, including:
Page 12, Line 5(a) A racial, color, or language minority group as
Page 12, Line 6referenced in the federal "Voting Rights Act of 1965", 52 U.S.C. sec. 10301, et seq.; and
Page 12, Line 7(b) A minimum reporting category that has been officially
Page 12, Line 8recognized or considered through notice and comment by the United States census bureau.
Page 12, Line 9(24) "Sexual orientation" has the same meaning as set forth in section 24-34-301 (24).
Page 12, Line 10(25) "Voter service and polling center" has the same meaning as set forth in section 1-1-104 (50.5).
Page 12, Line 111-47-104. Liberal construction.This article 47 must be liberally construed to effectuate its purpose and to:
Page 12, Line 12(1) Protect the right to cast a ballot and make the ballot valid;
Page 12, Line 13(2) Ensure eligible individuals seeking voter registration are not impaired in being registered;
Page 12, Line 14(3) Ensure eligible electors are not impaired in voting, including but not limited to having their votes counted;
Page 12, Line 15(4) Make the fundamental right to vote more accessible
Page 12, Line 16to eligible electors; and
Page 13, Line 1(5) Ensure, for members of protected classes, equitable access to opportunities to be registered to vote and to vote.
Page 13, Line 21-47-105. Prohibition on voter suppression.A political
Page 13, Line 3subdivision shall not act in a manner that results in, will result
Page 13, Line 4in, or is intended to result in a material disparity between
Page 13, Line 5members of a protected class and other eligible electors in
Page 13, Line 6regard to voter participation, access to voting opportunities, or
Page 13, Line 7the opportunity or ability to participate in the political process.
Page 13, Line 8A violation of this section is established pursuant to section 1-47-204.
Page 13, Line 101-47-106. Prohibition on voter dilution. (1) A political
Page 13, Line 11subdivision shall not enact or employ any method of election
Page 13, Line 12that has the effect of, or is motivated in part by the intention of,
Page 13, Line 13disparately impairing the equal opportunity or ability of
Page 13, Line 14members of a protected class to elect the candidates of their
Page 13, Line 15choice or otherwise influence the outcome of elections as a result of diluting the vote of members of that protected class.
Page 13, Line 16(2) A violation of this section occurs when:
Page 13, Line 17(a) (I) Elections in the political subdivision exhibit
Page 13, Line 18polarized voting that disparately impairs the equal opportunity
Page 13, Line 19or ability of members of a protected class to nominate or elect the candidates of their choice; or
Page 13, Line 20(II) Based on the totality of the circumstances, the equal
Page 13, Line 21opportunity or ability of members of a protected class to
Page 13, Line 22nominate or elect the candidates of their choice is disparately impaired; and
Page 14, Line 1(b) One or more new methods of election or changes to the
Page 14, Line 2existing election method exist that would likely mitigate the
Page 14, Line 3disparate impairment described in subsection(2)(a)(I) or (2)(a)(II)of this section.
Page 14, Line 51-47-107. Prohibition on voting prerequisites based on gender
Page 14, Line 6identity, gender expression, or sexual orientation.A political
Page 14, Line 7subdivision shall not implement, impose, or enforce a
Page 14, Line 8qualification for eligibility to be an elector or another
Page 14, Line 9prerequisite to voting based on an individual's actual or
Page 14, Line 10perceived gender identity, gender expression, or sexual orientation.
Page 14, Line 111-47-108. Prohibition on additional voting prerequisites and
Page 14, Line 12burdens based on confinement in local jail. (1) A political
Page 14, Line 13subdivision shall not implement, impose, or enforce an additional
Page 14, Line 14qualification for eligibility to be an elector or another
Page 14, Line 15prerequisite to voting based on an individual's confinement to a local jail, as defined in section 17-1-102 (7).
Page 14, Line 16(2) A political subdivision shall not impose unnecessary
Page 14, Line 17burdens on an elector's access to election information, voter
Page 14, Line 18registration, or a ballot based on that elector's confinement to a local jail, as defined in section 17-1-102 (7).
Page 14, Line 19(3) Nothing in this section affects the existing
Page 14, Line 20qualifications for eligibility as described in sections 1-2-103 (4) and 31-10-201 (3).
Page 14, Line 21PART 2
ENFORCEMENT OF VOTING RIGHTS
Page 15, Line 11-47-201. Enforcement of voting rights act - civil action -
Page 15, Line 2attorney general powers - priority on court calendar. (1) (a) An
Page 15, Line 3aggrieved person may bring a civil action alleging a violation
Page 15, Line 4of section 1-47-105, 1-47-106, 1-47-107, or 1-47-108. The aggrieved
Page 15, Line 5person may file suit in the district court for the judicial district
Page 15, Line 6where the alleged violation occurred or in the Denver district court.
Page 15, Line 7(b) An aggrieved person that may bring suit pursuant to subsection (1)(a) of this section includes:
Page 15, Line 8(I) An individual;
Page 15, Line 9(II) An organization whose membership includes or is likely to include aggrieved individuals;
Page 15, Line 10(III) An organization whose mission would be frustrated
Page 15, Line 11by a violation of section 1-47-105, 1-47-106, 1-47-107, or 1-47-108; and
Page 15, Line 12(IV) An organization that is or would be required to
Page 15, Line 13expend 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 15, Line 14(2) (a) To enforce this article 47, the attorney general may:
Page 15, Line 15(I) Bring a civil action pursuant to subsection (1)(a) of this section; or
Page 15, Line 16(II) Intervene in a civil action brought by an aggrieved person pursuant to subsection (1)(a) of this section.
Page 15, Line 17(b) To enforce this article 47, the attorney general may
Page 15, Line 18conduct investigations and issue civil investigation demands related to potential violations of this article 47.
Page 16, Line 1(3) A civil action brought pursuant to this section
Page 16, Line 2receives preference over other civil causes and must be heard
Page 16, Line 3and determined in preference to other civil business, regardless of position on the calendar.
Page 16, Line 4(4) The state is a necessary party to any action in which
Page 16, Line 5an alleged violation is based on a political subdivision's
Page 16, Line 6implementation of the "Uniform Election Code of 1992", if the
Page 16, Line 7applicable state law does not afford discretion to the political subdivision in its implementation of such law.
Page 16, Line 81-47-202. Notification letter - when required. (1) (a) Except
Page 16, Line 9as provided in subsection (2) of this section, before bringing a
Page 16, Line 10civil action against a political subdivision pursuant to section
Page 16, Line 111-47-201, an aggrieved person or the attorney general shall
Page 16, Line 12send by certified mail a notification letter to the political
Page 16, Line 13subdivision informing the political subdivision that it may be in
Page 16, Line 14violation of this article 47 and including details of the alleged
Page 16, Line 15violation.The notification letter must specify the violation or
Page 16, Line 16violations alleged and must contain a statement of facts to support such allegation.
Page 16, Line 17(b) An aggrieved person or the attorney general must
Page 16, Line 18wait sixty calendar days after sending the notification letter
Page 16, Line 19required by subsection (1)(a) of this section to bring a civil
Page 16, Line 20action against a political subdivision pursuant to section
Page 16, Line 211-47-201; except that, if a political subdivision adopts a
Page 16, Line 22resolution pursuant to section 1-47-203, an aggrieved person or
Page 16, Line 23the attorney general must wait ninety calendar days after the
Page 17, Line 1passage of the resolution to bring a civil action against the
Page 17, Line 2political subdivision, or if the solution identified in the
Page 17, Line 3resolution pursuant to section 1-47-203 (2) requires an election
Page 17, Line 4in the political subdivision, the aggrieved person or the
Page 17, Line 5attorney general must wait one hundred eighty calendar days
Page 17, Line 6after the passage of the resolution to bring a civil action against the political subdivision.
Page 17, Line 7(2) An aggrieved person or the attorney general may
Page 17, Line 8bring a civil action against a political subdivision pursuant to
Page 17, Line 9section 1-47-201 without first sending the notification letter required by subsection (1)(a) of this section if:
Page 17, Line 11(a) The aggrieved person or the attorney general is seeking preliminary relief pursuant to section 1-47-206 (1); or
Page 17, Line 12(b) A different aggrieved person or the attorney general
Page 17, Line 13previously sent a notification letter required by subsection
Page 17, Line 14(1)(a) of this section to the political subdivision that identified
Page 17, Line 15a substantially similar alleged violation of this article 47,
Page 17, Line 16sixty calendar days have passed since that notification letter
Page 17, Line 17was sent, and the political subdivision has not adopted a resolution providing for a solution to the alleged violation.
Page 17, Line 181-47-203. Political subdivision resolution - remedy for
Page 17, Line 19violation of Colorado Voting Rights Act - agreement with aggrieved
Page 17, Line 20person - definition. (1) As used in this section, unless the context
Page 17, Line 21otherwise requires, "resolution" means a resolution of a
Page 17, Line 22political subdivision that meets the requirements described in
Page 17, Line 23subsection (2)(b) of this section.
Page 18, Line 1(2) (a) After receiving a notification letter sent pursuant
Page 18, Line 2to section 1-47-202, the governing body of a political subdivision
Page 18, Line 3may adopt a resolution providing for a solution to the alleged
Page 18, Line 4violation of this article 47 as identified in the notification letter.
Page 18, Line 5(b) A resolution must:
Page 18, Line 6(I) Specifically identify the alleged violation of this article 47;
Page 18, Line 7(II) Identify a specific proposed solution to the violation alleged in the notification letter;
Page 18, Line 8(III) Affirm the intention of the political subdivision to
Page 18, Line 9enact and implement a solution to the identified alleged violation;
Page 18, Line 10(IV) Outline specific measures that the political
Page 18, Line 11subdivision will take to enact and implement the identified solution; and
Page 18, Line 12(V) Establish a schedule for enactment and implementation of the identified solution.
Page 18, Line 13(c) The adoption of a resolution does not constitute an
Page 18, Line 14admission by the political subdivision of any liability under this article 47.
Page 18, Line 15(3) (a) If a political subdivision adopts a resolution, the
Page 18, Line 16political subdivision shall implement the identified solution
Page 18, Line 17within ninety calendar days after the passage of the resolution;
Page 18, Line 18except that, if the identified solution requires an election in the
Page 18, Line 19political subdivision, the political subdivision shall implement
Page 18, Line 20the identified solution within one hundred eighty calendar days after the passage of the resolution.
Page 19, Line 1(b) (I) Within thirty days after the implementation of the
Page 19, Line 2identified solution, an aggrieved person who sent the
Page 19, Line 3notification letter that prompted the solution may demand
Page 19, Line 4reimbursement for the cost of the work product generated to support the notification letter.
Page 19, Line 5(II) An aggrieved person shall make the demand for
Page 19, Line 6reimbursement in writing and shall substantiate the demand
Page 19, Line 7with financial documentation, such as a detailed invoice for
Page 19, Line 8demography services or for the analysis of voting patterns in
Page 19, Line 9the political subdivision. A political subdivision may request
Page 19, Line 10additional documentation if the provided documentation is insufficient to corroborate the claimed costs.
Page 19, Line 11(III) A political subdivision shall reimburse an aggrieved
Page 19, Line 12person as described in this subsection (3)(b) for reasonable costs
Page 19, Line 13claimed or in an amount to which the political subdivision and
Page 19, Line 14the aggrieved person mutually agree. A political subdivision or
Page 19, Line 15an aggrieved person may file a declaratory judgment action to
Page 19, Line 16obtain a clarification of their rights under this subsection(3)(b).
Page 19, Line 17(c) If a provision of law would preclude implementation or
Page 19, Line 18enactment of the solution identified in the resolution to resolve
Page 19, Line 19the alleged violation, the political subdivision that adopted the
Page 19, Line 20resolution may file a petition in district court seeking specific
Page 19, Line 21authority to implement the identified solution. A district court
Page 19, Line 22may grant approval or authority to implement the identified
Page 19, Line 23solution upon a political subdivision's petition that identifies
Page 20, Line 1with specificity the statute or other authority that prevents
Page 20, Line 2the political subdivision from enacting or implementing the identified solution.
Page 20, Line 3(4) If an aggrieved person or the attorney general
Page 20, Line 4determines that the solution identified in the resolution does
Page 20, Line 5not remedy the alleged violation identified in the notification
Page 20, Line 6letter sent pursuant to section 1-47-202, an aggrieved person or
Page 20, Line 7the attorney general may bring a civil action against the political subdivision pursuant to section 1-47-201.
Page 20, Line 81-47-204. Prima facie case - voter suppression. (1) (a) An
Page 20, Line 9aggrieved person or the attorney general bringing a civil action
Page 20, Line 10against a political subdivision pursuant to section 1-47-201that
Page 20, Line 11alleges a violation of section 1-47-105 establishes a prima facie
Page 20, Line 12case of voter suppression if the person shows, by a
Page 20, Line 13preponderance of the evidence, that the challenged action
Page 20, Line 14results in, will result in, or is intended to result in a material
Page 20, Line 15disparity between members of a protected class and other
Page 20, Line 16eligible electors in regard to voter participation, access to
Page 20, Line 17voting opportunities, or the opportunity or ability to participate in the political process.
Page 20, Line 18(b) If the aggrieved person or the attorney general
Page 20, Line 19establishes a prima facie case of voter suppression as described
Page 20, Line 20in subsection (1)(a) of this section, the burden shifts to the
Page 20, Line 21political subdivision to demonstrate by clear and convincing
Page 20, Line 22evidence that the challenged action is necessary to further an important, particularized governmental interest.
Page 20, Line 23(c) If the political subdivision meets its burden as
Page 21, Line 1described in subsection (1)(b) of this section, the challenged
Page 21, Line 2action may nonetheless be held invalid if the aggrieved person
Page 21, Line 3or the attorney general demonstrates by a preponderance of
Page 21, Line 4the evidence that the political subdivision could comparably
Page 21, Line 5further the identified important, particularized governmental
Page 21, Line 6interest through an alternative policy that results in a smaller
Page 21, Line 7disparity between members of a protected class and other eligible electors.
Page 21, Line 81-47-205. Factors in determining voter dilution. (1) (a) In
Page 21, Line 9determining whether a challenged method of election exhibits
Page 21, Line 10polarized voting for purposes of section 1-47-106(2)(a)(I), a court:
Page 21, Line 11(I) Shall determine the presence of polarized voting based
Page 21, Line 12only on the combined electoral preferences of the groups
Page 21, Line 13comprising the protected class, as defined in the complaint.
Page 21, Line 14There is no requirement to show that each group or any
Page 21, Line 15subgroup within a protected class is separately polarized from other eligible electors.
Page 21, Line 16(II) Shall not consider the causes of or reasons for
Page 21, Line 17polarized voting, including partisan explanations or discriminatory intent;
Page 21, Line 18(III) May find a violation of section 1-47-106 based on any number or combination of elections, including one election; and
Page 21, Line 19(IV) May consider analyses of relevant election results, including but not limited to:
Page 21, Line 20(A) Elections for offices of the political subdivision;
Page 21, Line 21(B) Elections held in the political subdivision for other offices, such as state or federal offices;or
Page 22, Line 2(C) Other electoral choices that bear on the rights and privileges of the protected class.
Page 22, Line 3(b) The following do not preclude a finding that a violation of section 1-47-106 exists:
Page 22, Line 4(I) Evidence of nonpolarized voting in elections for offices outside the political subdivision;
Page 22, Line 5(II) Nonstatistical or nonquantitative evidence of
Page 22, Line 6nonpolarized voting, where allegations of polarized voting are based on quantitative or statistical evidence; or
Page 22, Line 7(III) Low turnout or registration rates among members of a protected class.
Page 22, Line 8(2) (a) In determining whether, based on the totality of
Page 22, Line 9the circumstances, the equal opportunity or ability of members
Page 22, Line 10of a protected class to nominate or elect the candidates of
Page 22, Line 11their choice is disparately impaired for purposes of section 1-47-106(2)(a)(II),a court may consider the following factors:
Page 22, Line 12(I) The history of discrimination affecting members of the protected class;
Page 22, Line 13(II) The extent to which members of the protected class
Page 22, Line 14are disadvantaged or otherwise bear the effects of public or
Page 22, Line 15private discrimination in areas that may hinder their ability to
Page 22, Line 16participate effectively in the political process, including
Page 22, Line 17education, employment, health, criminal justice, housing, transportation, land use, or environmental protection;
Page 22, Line 18(III) The extent to which members of the protected class vote at lower rates than other eligible electors;
Page 23, Line 1(IV) The extent to which members of the protected class
Page 23, Line 2contribute money to political campaigns or political causes at lower rates than other individuals;
Page 23, Line 3(V) The extent to which members of the protected class have been elected to office in the political subdivision;
Page 23, Line 4(VI) The extent to which candidates who are members of
Page 23, Line 5the protected class have faced barriers with respect to
Page 23, Line 6accessing the ballot, receiving financial support, or receiving other support for an election;
Page 23, Line 7(VII) The extent to which candidates face hostility or
Page 23, Line 8barriers while campaigning on account of their membership in the protected class; and
Page 23, Line 9(VIII) The use of overt or subtle racial appeals in
Page 23, Line 10political campaigns in the political subdivision or surrounding adoption or maintenance of the challenged method of election.
Page 23, Line 11(b) None of the factors described in subsection (2)(a) of
Page 23, Line 12this section are dispositive or necessary to establish the
Page 23, Line 13existence of a violation of section 1-47-106 and no specified
Page 23, Line 14number or combination of factors is required to establish a violation of section 1-47-106.
Page 23, Line 15(3) Whether members of a protected class typically elect
Page 23, Line 16candidates of their choice to the relevant governing body in
Page 23, Line 17approximate proportion to their total number or share of the
Page 23, Line 18population may be relevant to finding a violation of section 1-47-106 and determining an appropriate remedy.
Page 23, Line 19(4) The fact that members of a protected class are not
Page 24, Line 1geographically compact or concentrated does not preclude
Page 24, Line 2finding a violation of section 1-47-106, but may be considered in determining an appropriate remedy for a violation.
Page 24, Line 31-47-206. Remedy for violation of Colorado Voting Rights Act
Page 24, Line 4- preliminary relief - award of costs and fees. (1) (a) An aggrieved
Page 24, Line 5person that brings a civil action against a political subdivision
Page 24, Line 6pursuant to section 1-47-201, or the attorney general, may seek
Page 24, Line 7preliminary relief concerning an upcoming election held in the
Page 24, Line 8political subdivision, including if the civil action is brought within the one-hundred-twenty-day period prior to the election.
Page 24, Line 9(b) A court of competent jurisdiction hearing a civil
Page 24, Line 10action filed pursuant to section 1-47-201 that seeks preliminary
Page 24, Line 11relief pursuant to subsection (1)(a) of this section shall grant preliminary relief if the court determines that:
Page 24, Line 12(I) The aggrieved person or the attorney general is reasonably likely to succeed on the merits;
Page 24, Line 13(II) There is a danger of immediate and irreparable injury,
Page 24, Line 14loss, or damage that may be prevented by granting preliminary relief; and
Page 24, Line 15(III) An appropriate remedy to the alleged violation can
Page 24, Line 16be implemented prior to the election in a manner that will not unduly disrupt the election.
Page 24, Line 17(2) (a) If a court of competent jurisdiction hearing a civil
Page 24, Line 18action filed pursuant to section 1-47-201 finds a violation of this
Page 24, Line 19article 47, the court shall order appropriate remedies that are tailored to address the violation.
Page 24, Line 20(b) The court shall consider remedies proposed by a party
Page 25, Line 1and may consider remedies proposed by interested nonparties.
Page 25, Line 2The court shall not provide deference or priority to a remedy proposed by a defendant or political subdivision.
Page 25, Line 3(c) In determining an appropriate remedy, the court shall
Page 25, Line 4consider how disruptive the remedy will be to state law, the
Page 25, Line 5uniform conduct of general, primary, or coordinated elections
Page 25, Line 6or an imminent municipal election, and the operations of the political subdivision.
Page 25, Line 7(d) If a provision of law other than this article 47 would
Page 25, Line 8preclude an otherwise appropriate remedy, the court may
Page 25, Line 9nonetheless order a political subdivision to implement the remedy that is inconsistent with that provision of law.
Page 25, Line 10(e) A remedy ordered by a court must not impede a
Page 25, Line 11political subdivision's or the state's ability to verify voter
Page 25, Line 12identity on mail ballot envelopes according to applicable
Page 25, Line 13procedures set forth in the "Uniform Election Code of 1992", the
Page 25, Line 14"Colorado Municipal Election Code of 1965", and rules adopted by the secretary of state.
Page 25, Line 15(3) If a court of competent jurisdiction hearing a civil
Page 25, Line 16action filed pursuant to section 1-47-201 finds a violation of this
Page 25, Line 17article 47, the court may award reasonable attorney fees and
Page 25, Line 18costs to the prevailing party; except that, if a political
Page 25, Line 19subdivision is the prevailing party, the court may not award fees or costs unless the court finds the civil action to be frivolous.
Page 25, Line 201-47-207. Attorney general enforcement.Enforcement by the
Page 25, Line 21attorney general of this article 47 or related legal actions are
Page 25, Line 22brought solely at the attorney general's discretion on behalf
Page 26, Line 1of the state. Actions brought by the attorney general pursuant
Page 26, Line 2to this article 47 are brought under the attorney general's own authority and not on behalf of the secretary of state.
Page 26, Line 3PART 3
STATEWIDE ELECTION INFORMATION
Page 26, Line 51-47-301. Election data collection and maintenance.
Page 26, Line 6(1) (a) The secretary of state shall collect and maintain the following data in an electronic format:
Page 26, Line 7(I) Annual estimates of total population, voting age
Page 26, Line 8population, and citizen voting age population by race, ethnicity,
Page 26, Line 9language minority group, and disability status for each
Page 26, Line 10political subdivision, which are specified at the precinct level,
Page 26, Line 11if available, or the district or county level and which are based
Page 26, Line 12on information from the United States census bureau, including
Page 26, Line 13from the American community survey, or information of
Page 26, Line 14comparable quality collected by a public entity. The
Page 26, Line 15department of local affairs, created in section 24-1-125, shall
Page 26, Line 16annually provide the required estimates to the secretary of
Page 26, Line 17state. The secretary of state's office shall, to the extent that
Page 26, Line 18such data exists, annually provide the department of local
Page 26, Line 19affairs with voting precinct boundaries in the form that such data exists.
Page 26, Line 20(II) Election results at the precinct level, if any, for state and political subdivision elections; and
Page 26, Line 22(III) Geocoded locations of voter service and polling
Page 27, Line 1centers, polling locations, ballot drop boxes, and ballot
Page 27, Line 2drop-off locations for each election in each political
Page 27, Line 3subdivision, if available, in addition to the number of days and
Page 27, Line 4hours that each voter service and polling center, polling location, or ballot drop-off location is open.
Page 27, Line 6(b) The secretary of state shall retain the data described
Page 27, Line 7in subsection (1)(a) of this section for the length of time that it
Page 27, Line 8is available or the preceding twelve years and shall maintain the data on as current a basis as is possible.
Page 27, Line 9(c) The secretary of state shall make the data
Page 27, Line 10described in subsection (1)(a) of this section available on the
Page 27, Line 11secretary of state's website in an accessible and appropriate
Page 27, Line 12electronic format; except that personally identifiable voter
Page 27, Line 13information that is not publicly available is not published and accessible.
Page 27, Line 141-47-302. Submission of election data by political subdivisions.
Page 27, Line 15(1) After the certification of an election of any political
Page 27, Line 16subdivision, the entity responsible for administering the election
Page 27, Line 17shall submit to the secretary of state the following
Page 27, Line 18information in an accessible and appropriate format as determined by the secretary of state:
Page 27, Line 19(a) Election results, specified at the precinct level if available; and
(b) Election district and precinct boundaries, if available.
Page 27, Line 21(2) The entity responsible for administering the election
Page 28, Line 1is not required to submit information described in subsection (1)
Page 28, Line 2of this section if the secretary of state is already in possession of the information.
Page 28, Line 3(3) The secretary of state shall make the information
Page 28, Line 4described in subsection (1) of this section available on the
Page 28, Line 5secretary of state's website in an accessible and appropriate electronic format.
Page 28, Line 6(4) The secretary of state shall provide adequate
Page 28, Line 7technological security measures to prevent unauthorized
Page 28, Line 8access to voter-related records and shall establish adequate
Page 28, Line 9and reasonable technological security requirements for the exchange or transfer of data.
Page 28, Line 11SECTION 12. In Colorado Revised Statutes, 24-31-101, amend (1)(i)(XXII) and (1)(i)(XXIII); and add (1)(i)(XXIV) as follows:
Page 28, Line 1224-31-101. Powers and duties of attorney general. (1) The attorney general:
Page 28, Line 13(i) May independently initiate and bring civil and criminal actions to enforce state laws, including actions brought pursuant to:
Page 28, Line 14(XXII) Part 14 of article 12 of title 38;
and(XXIII) Section 24-34-806; and
Page 28, Line 15(XXIV) The "Colorado Voting Rights Act", article 47 of title 1.
Page 28, Line 16SECTION 13. In Colorado Revised Statutes, 24-72-204, repeal (2)(a)(VI); and add (3)(a)(XXIV) as follows:
Page 28, Line 1724-72-204. Allowance or denial of inspection - grounds -
Page 28, Line 18procedure - appeal - definitions - repeal. (2) (a) The custodian may
Page 29, Line 1deny the right of inspection of the following records, unless otherwise
Page 29, Line 2provided by law, on the ground that disclosure to the applicant would be contrary to the public interest:
Page 29, Line 3(VI)
Records and information relating to the identification ofPage 29, Line 4
persons filed with, maintained by, or prepared by the department of revenue pursuant to section 42-2-121, C.R.S.;Page 29, Line 5(3) (a) The custodian shall deny the right of inspection of the
Page 29, Line 6following records, unless otherwise provided by law; except that the
Page 29, Line 7custodian shall make any of the following records, other than letters of
Page 29, Line 8reference concerning employment, licensing, or issuance of permits, available to the person in interest in accordance with this subsection (3):
Page 29, Line 9(XXIV) Records and information relating to the
Page 29, Line 10identification of persons filed with, maintained by, or prepared by the department of revenue pursuant to section 42-2-121.
Page 29, Line 11SECTION 14. In Colorado Revised Statutes, add part 16 to article 10 of title 31 as follows:
Page 29, Line 12PART 16
MULTILINGUAL BALLOT ACCESS
Page 29, Line 1331-10-1601. Legislative declaration - intent. (1) The general assembly finds and declares that:
Page 29, Line 14(a) Congress enacted the language minority provisions of
Page 29, Line 15the federal "Voting Rights Act of 1965" because "through the
Page 29, Line 16use of various practices and procedures, citizens of language
Page 29, Line 17minorities have been effectively excluded from participation in the electoral process...";
Page 29, Line 18(b) Based on the 2023 five-year estimates specified in the
Page 29, Line 19United States bureau of the census American community survey,
Page 30, Line 1there are one hundred twenty-three thousand six hundred
Page 30, Line 2fifty-seven eligible electors in Colorado who speak English
Page 30, Line 3"less than very well". As of the 2024 general election, an
Page 30, Line 4estimated one hundred five thousand four hundred eighty-four
Page 30, Line 5of those eligible electors live within a county that is covered by
Page 30, Line 6the multilingual ballot requirements of House Bill 21-1011,
Page 30, Line 7enacted in 2021. Out of an estimated one hundred thirty-one
Page 30, Line 8municipalities that exist wholly or partially in a covered
Page 30, Line 9county, an estimated fifty-eight municipalities coordinate their
Page 30, Line 10elections with the county and electors receive multilingual
Page 30, Line 11ballot access. The estimated remaining seventy-three
Page 30, Line 12municipalities hold elections independently and the ability for
Page 30, Line 13electors to access minority language ballots is contingent on the municipality independently offering these resources.
Page 30, Line 14(c) By passing House Bill 21-1011, the general assembly
Page 30, Line 15expanded minority language ballot access beyond federal
Page 30, Line 16requirements to cover additional counties and declared that
Page 30, Line 17ensuring Colorado citizens have access to minority languageballots is a matter of statewide concern;
Page 30, Line 18(d) For electors in counties covered by the requirements
Page 30, Line 19of House Bill 21-1011, however, the ability to vote with a
Page 30, Line 20minority language ballot in a municipal election is contingent
Page 30, Line 21on whether the municipality aligns its election with a county,
Page 30, Line 22unless the municipality independently offers access to a
Page 30, Line 23minority language ballot, and electors should not be denied
Page 30, Line 24access to a minority language ballot that they would
Page 30, Line 25otherwise have access to; and
Page 31, Line 1(e) Colorado again has an opportunity to make the ballot
Page 31, Line 2accessible to more eligible electors and provide them with
Page 31, Line 3meaningful access by expanding minority language ballot
Page 31, Line 4access beyond federal requirements and those enacted in House Bill 21-1011.
Page 31, Line 5(2) The general assembly further finds and declares that the intent of this part 16 is to:
Page 31, Line 6(a) Ensure minority language ballot access for electors
Page 31, Line 7in municipalities that are wholly or partially in counties covered by the requirements of House Bill 21-1011; and
Page 31, Line 8(b) Expand minority language ballot access without
Page 31, Line 9changing or reducing the existing responsibilities pursuant to
Page 31, Line 10section 203 of the "Voting Rights Act of 1965" and part 9 of article 5 of title 1.
Page 31, Line 1131-10-1602. Definitions.As used in this part 16, unless the context otherwise requires:
Page 31, Line 12(1) "Minority language ballot" means a ballot that is
Page 31, Line 13fully translated into a language other than English. The
Page 31, Line 14content of a "minority language ballot" may be in only a
Page 31, Line 15language other than English or both English and a language other than English.
Page 31, Line 16(2) "Minority language sample ballot" means a document
Page 31, Line 17that is available to qualified electors to help them prepare for
Page 31, Line 18an election that contains all candidates, questions, and
Page 31, Line 19instructions for voting, and is fully translated into a language other than English.
Page 31, Line 20(3) "Qualified translator" means a translator who is determined by the secretary of state to:
Page 32, Line 1(a) Be screened and tested for proficiency in both written
Page 32, Line 2English and the target language with affiliation or
Page 32, Line 3accreditation by a nationally recognized association of
Page 32, Line 4translators or have other credentials or certifications that
Page 32, Line 5are comparable to or exceed the standards used by a nationally recognized association of translators; and
Page 32, Line 6(b) Produce translations that are linguistically
Page 32, Line 7accurate, culturally appropriate, and technically consistent with the original documents.
Page 32, Line 831-10-1603. Multilingual ballot access - general provisions -
Page 32, Line 9clerks. (1) If a municipality exists partially or wholly within a
Page 32, Line 10county covered by the multilingual ballot requirements of
Page 32, Line 11section 1-5-905 (1) and the municipality has a population of at
Page 32, Line 12least three thousand people, a clerk is required to provide
Page 32, Line 13multilingual ballot access in one of the following ways for any municipal election held on or after January 1, 2027:
Page 32, Line 14(a) Ensuring that each ballot and sample ballot includes
Page 32, Line 15all ballot content in English and all ballot content fully
Page 32, Line 16translated into any minority language for which a minority
Page 32, Line 17language sample or in-person ballot is required pursuant to
Page 32, Line 18section 1-5-906 for the county in which the municipality partially or wholly exists; or
Page 32, Line 19(b) Creating a minority language sample ballot pursuant
Page 32, Line 20to section 31-10-1604 and providing an in-person minority language ballot pursuant to section 31-10-1605.
Page 32, Line 21(2) The clerk shall ensure that any translation provided
Page 33, Line 1as required by this part 16 is performed by one or more qualified translators.
Page 33, Line 231-10-1604. Minority language sample ballots - clerks - mail
Page 33, Line 3ballot elections. (1) Unless a clerk provides multilingual ballot
Page 33, Line 4access pursuant to section 31-10-1603 (1)(a), the clerk of any
Page 33, Line 5municipality that satisfies the criteria specified in section
Page 33, Line 631-10-1603 (1) shall create a minority language sample ballot in
Page 33, Line 7any minority language for which a minority language sample
Page 33, Line 8ballot is required pursuant to section 1-5-906 for the county in which the municipality partially or wholly exists.
Page 33, Line 9(2) The minority language sample ballot must include all of the same content that is on the English language ballot.
Page 33, Line 11(3) The clerk shall make the minority language sample
Page 33, Line 12ballot available and accessible to electors on the
Page 33, Line 13municipality's website and at polling places municipality-wide,
Page 33, Line 14if used. For an election using mail ballots, the clerk shall
Page 33, Line 15notify all qualified electors in the municipality via the mail
Page 33, Line 16ballot packet and in each language in which a minority
Page 33, Line 17language sample ballot will be created that a minority language sample ballot is available.
Page 33, Line 1931-10-1605. In-person minority language ballot - clerks -
Page 33, Line 20polling places. (1) Unless a clerk provides multilingual ballot
Page 33, Line 21access pursuant to section 31-10-1603 (1)(a), the clerk of any
Page 33, Line 22municipality that satisfies the criteria specified in section
Page 33, Line 2331-10-1603 (1) shall ensure that at least one publicly accessible
Page 34, Line 1location in the municipality is equipped to provide, upon the
Page 34, Line 2request of a qualified elector, an in-person minority language
Page 34, Line 3ballot in any minority language for which a minority language
Page 34, Line 4ballot is required pursuant to section 1-5-906 for the county in
Page 34, Line 5which the municipality partially or wholly exists. If the
Page 34, Line 6municipality establishes a polling place for an election, the
Page 34, Line 7clerk shall ensure that the polling place is equipped to provide,
Page 34, Line 8upon the request of a voter, an in-person minority language ballot.
Page 34, Line 9(2) An in-person minority language ballot option must be
Page 34, Line 10a ballot on demand, a ballot from a printed stock of ballots, or
Page 34, Line 11a ballot via a voting device and must include all of the same content that is on the English language ballot.
Page 34, Line 13(3) For an election using mail ballots, the clerk shall
Page 34, Line 14notify all qualified electors in the municipality via the mail
Page 34, Line 15ballot packet and in each language in which the in-person
Page 34, Line 16minority language ballot option will be available that electors
Page 34, Line 17may request an in-person minority language ballot and where the elector may request the in-person minority language ballot.
Page 34, Line 1831-10-1606. Coordination with counties.Municipalities may
Page 34, Line 19coordinate elections with counties to collaborate on complying
Page 34, Line 20with the multilingual ballot requirements of this part 16 and part 9 of article 5 of title 1.
Page 34, Line 21SECTION 15. Appropriation. (1) For the 2025-26 state fiscal
Page 34, Line 22year, $75,432 is appropriated to the department of state for use by the
Page 34, Line 23elections division. This appropriation is from the department of state cash
Page 35, Line 1fund created in section 24-21-104 (3)(b), C.R.S. To implement this act, the division may use this appropriation as follows:
Page 35, Line 2(a) $60,812 for personal services, which amount is based on an assumption that the division will require an additional 1.0 FTE; and
Page 35, Line 3(b) $14,620 for operating expenses.
Page 35, Line 4SECTION 16. Act subject to petition - effective date -
Page 35, Line 5applicability. (1) This act takes effect at 12:01 a.m. on the day following
Page 35, Line 6the expiration of the ninety-day period after final adjournment of the
Page 35, Line 7general assembly; except that, if a referendum petition is filed pursuant
Page 35, Line 8to section 1 (3) of article V of the state constitution against this act or an
Page 35, Line 9item, section, or part of this act within such period, then the act, item,
Page 35, Line 10section, or part will not take effect unless approved by the people at the
Page 35, Line 11general election to be held in November 2026 and, in such case, will take
Page 35, Line 12effect on the date of the official declaration of the vote thereon by the governor.
Page 35, Line 13(2) This act applies to elections and election-related activities occurring on or after January 1, 2026.