Amendments for SB24-072
Senate Journal, February 29
After consideration on the merits, the Committee recommends that SB24-072 be amended
as follows, and as so amended, be referred to the Committee on Appropriations with
favorable recommendation.
Amend printed bill, page 3, strike lines 11 through 27.
Page 4, strike lines 1 through 12 and substitute:
"SECTION 2. In Colorado Revised Statutes, 1-5-703, amend (2) as
follows:
1-5-703. Accessibility of polling locations to persons with
disabilities. (2) Emergency polling locations AND IN-PERSON VOTING AT
COUNTY JAILS OR DETENTION CENTERS are exempt from compliance with this
section.".
Page 5, line 9, strike "IN-PERSON VOTING," and substitute "EACH OF THE
SERVICES REQUIRED DURING IN-PERSON VOTING SET FORTH IN SUBSECTION (4)
OF THIS SECTION,".
Page 6, after line 17 insert:
"(4) (a) (I) FOR A GENERAL ELECTION, THE SHERIFF'S DESIGNEE SHALL
COORDINATE WITH THE COUNTY CLERK AND RECORDER TO PROVIDE, AT A
MINIMUM, ONE DAY OF IN-PERSON VOTING FOR CONFINED ELIGIBLE ELECTORS
AT THE COUNTY JAIL OR DETENTION CENTER. THE IN-PERSON VOTING MUST BE
OPEN FOR AT LEAST SIX HOURS AND BE HELD ON ANY DAY BETWEEN THE
FIFTEENTH DAY BEFORE ELECTION DAY AND THE FOURTH DAY BEFORE ELECTION
DAY.
(II) IF ON THE DATE THAT IN-PERSON VOTING IS SCHEDULED FOR,
ACCESS TO THE COUNTY JAIL OR DETENTION CENTER IS UNAVAILABLE DUE TO
A LOCK DOWN OR OTHER EXIGENT CIRCUMSTANCES, THEN THE SHERIFF'S
DESIGNEE SHALL WORK WITH THE COUNTY CLERK AND RECORDER TO SCHEDULE
A DIFFERENT DATE FOR IN-PERSON VOTING TO BE HELD IN ACCORDANCE WITH
THIS SUBSECTION (4).
(b) DURING THE IN-PERSON VOTING, THE COUNTY CLERK AND
RECORDER AND THE SHERIFF'S DESIGNEE SHALL PROVIDE:
(I) THE ABILITY FOR A CONFINED INDIVIDUAL, IF ELIGIBLE TO VOTE, TO
REGISTER TO VOTE OR UPDATE THEIR VOTER REGISTRATION RECORD;
(II) THE ABILITY FOR A CONFINED ELIGIBLE ELECTOR TO CAST A BALLOT
AND DO SO WITHOUT VIOLATING THE CONFINED ELIGIBLE ELECTOR'S RIGHT TO
A SECRET BALLOT;
(III) THE ABILITY FOR A CONFINED ELIGIBLE ELECTOR WHO IS DETAINED
IN A COUNTY JAIL OR DETENTION CENTER OUTSIDE THE CONFINED ELIGIBLE
ELECTOR'S COUNTY OF RESIDENCE TO CAST A BALLOT CONTAINING ONLY
STATEWIDE RACES AND MEASURES;
(IV) REASONABLE ACCOMMODATION IN ACCORDANCE WITH THE
FEDERAL "AMERICANS WITH DISABILITIES ACT OF 1990", 42 U.S.C. SEC. 12101
ET SEQ., AS AMENDED, THAT ALLOW A CONFINED INDIVIDUAL WITH A
DISABILITY, IF ELIGIBLE TO VOTE, TO REGISTER TO VOTE AND UPDATE THEIR
VOTER REGISTRATION RECORD AND A CONFINED ELIGIBLE ELECTOR WITH A
DISABILITY TO CAST A BALLOT;
(V) THE ABILITY TO ACCEPT MAIL BALLOTS THAT ARE DEPOSITED BY
CONFINED ELIGIBLE ELECTORS;
(VI) THE ABILITY FOR A CONFINED ELIGIBLE ELECTOR TO SUBMIT A
MAIL BALLOT CURE FORM PURSUANT TO SECTIONS 1-7.5-107 (3.5) AND
1-7.5-107.3 (1.5); AND
(VII) THE ABILITY OF A CONFINED INDIVIDUAL TO CAST A PROVISIONAL
BALLOT.
(5) BEFORE REGISTERING A CONFINED INDIVIDUAL TO VOTE, UPDATING
A CONFINED INDIVIDUAL'S VOTER REGISTRATION, OR ALLOWING A CONFINED
INDIVIDUAL TO VOTE IN ANY ELECTION, THE COUNTY CLERK AND RECORDER
MUST ACCESS THE CONFINED INDIVIDUAL'S RECORD WITHIN THE DEPARTMENT
OF CORRECTIONS' ONLINE OFFENDER DATABASE TO CONFIRM THAT THE
CONFINED INDIVIDUAL IS NOT CURRENTLY SERVING A SENTENCE FOR A FELONY
CONVICTION.
(6) THE SECRETARY OF STATE SHALL PROMULGATE RULES IN
ACCORDANCE WITH ARTICLE 4 OF TITLE 24 AS MAY BE NECESSARY TO
ADMINISTER AND ENFORCE THE REQUIREMENTS OF THIS SECTION.".
Page 7, line 6, strike "SECTIONS 1-5-102.9 (1)(b.9) AND" and substitute
"SECTION".
Page 7, lines 13 and 14, strike "THE ONE DAY OF".
Page 7, line 15, strike "1-5-102.9 (1)(b.9)" and substitute "1-7.5-113.5 (4)(a)".
Page 7, strike lines 17 and 18 and substitute "MAY REGISTER TO VOTE DURING
THE IN-PERSON VOTING;".
Page 8, strike lines 15 through 17 and substitute:
"(5) ANY FAILURE BY THE SHERIFF OR THE DESIGNEE TO COMPLY WITH
THE REQUIREMENTS OF THIS SECTION IS SUBJECT TO ASSESSMENT OF A CIVIL
PENALTY TO BE DETERMINED BY THE DISTRICT COURT FOR THE JUDICIAL
DISTRICT IN WHICH THE COUNTY JAIL OR DETENTION CENTER IS LOCATED,
PAYABLE BY THE COUNTY. THE CIVIL PENALTY IS IN THE AMOUNT OF FIVE
THOUSAND DOLLARS PER VIOLATION. THE OFFICE OF COURT EXECUTIVE OF THE
JUDICIAL DISTRICT SHALL TRANSMIT FINES COLLECTED PURSUANT TO THIS
SUBSECTION (5) TO THE STATE TREASURER, WHO SHALL CREDIT THE SAME TO
THE DEPARTMENT OF STATE CASH FUND CREATED IN SECTION 24-21-104
(3)(b).".
State,
Veterans, &
Military
Affairs
Senate Journal, April 16
After consideration on the merits, the Committee recommends that SB24-072 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation.
Amend printed bill, page 8, before line 18 insert:
"SECTION 5. Appropriation. (1) For the 2024-25 state fiscal year,
$167,400 is appropriated to the department of state. This appropriation consists
of $75,240 from the general fund and $92,160 from the department of state cash
fund created in section 24-21-104 (3)(b), C.R.S. To implement this act, the
department may use this appropriation as follows:
(a) $75,240 from the General Fund for use by the elections division for
local election reimbursement; and
(b) $92,160 from the department of state cash fund for use by the
information technology division for personal services.".
Renumber succeeding sections accordingly.
Page 1, line 102, strike "vote." and substitute "VOTE, AND, IN CONNECTION
THEREWITH, MAKING AN APPROPRIATION.".
Appro-
priations