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Secretary of State Announces Election Integrity Listening Tour

December 3, 2012 by Leave a Comment

On Friday, November 30, 2012, Secretary of State Scott Gessler announced that he will conduct five public meetings regarding election integrity and improvement of election performance. Gessler is looking for feedback on the recent elections and soliciting citizen comments on ways to improve.

The first listening stops will be on Wednesday, December 5, 2012. He will be at the Boulder Public Library from 10:00 to 11:30 am and at the South Metro Chamber of Commerce in Arapahoe County from 2:00 to 3:30 pm. On Thursday, December 6, 2012, he will be at Colorado State University – Pueblo from 10:30 am to noon and at the El Paso County Clerk & Recorder’s Office from 2:00 to 3:30 pm. Finally, on Wednesday, December 12, 2012, he will be at the Secretary of State’s Office in Denver and the hearing will be from 1:00 pm to 4:00 pm.

Click here for the official announcement.

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Secretary of State Lowers Notary Fees to $1 Starting November 1, 2012

November 4, 2012 by Leave a Comment

Secretary of State Scott Gessler announced on October 30, 2012, that he would drop online filing fees for notaries public from $10 to $1 starting November 1 and continuing through the end of the fiscal year. The fee reduction is for notaries who file for the first time or renew online; it is meant as an acknowledgment of the efficiency and convenience of online filing.

The fee reduction is expected to reduce revenue to the Secretary of State’s office by $200,000. The fee reduction will continue until the end of the fiscal year, and will be re-evaluated quarterly from that point on.

The full press release is available here.

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Beat the Crowds on Election Day—Early Voting and Mail-In Ballots

November 1, 2012 by Leave a Comment

It may seem distant now, but last year at this time the election focus was on Egypt and the elections in that country. Citizens lined up in very long queues to have the opportunity to vote for their leader. The images are striking, representing the sanctity of choice and election.

In this country, we do not usually have to wait in lines longer than city blocks in order to cast our votes. Poll centers are conveniently located, and we even have early voting and mail-in ballots. Still, there are frequently lines on Election Day, some that may seem interminable.

If you would prefer to avoid the lines on Election Day, there are some excellent options. Early voting locations are scattered throughout Colorado; click here to find one in your county. You can find your Election Day voting location here as well.

Mail-in ballots are another great way to beat the crowds. If you requested a mail-in ballot, you have until 7 p.m. on November 6, 2012 to get it to a drop off center. If you already mailed your ballot in and it has been returned for correction, you can submit your corrected ballot any time up to 7 p.m. on November 6. You can even track the progress of your mail-in ballot at www.govotecolorado.com.

If you are undecided on the ballot issues and would like more information, you can get the official Blue Book 2012 here. Or, for information on judicial retention, go to the Know Your Judge website. Another good website, Just Vote Colorado, provides nonpartisan information and resources. Vote early, vote by mail, vote on Election Day—just vote.

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Tenth Circuit: Kansas Secretary of State’s Refusal to Track Political Party’s Voter Affiliation Affirmed

September 19, 2012 by Leave a Comment

The Tenth Circuit issued its opinion in Constitution Party of Kansas v. Kobach on September 18, 2012.

The Constitution Party sued the Secretary of State of Kansas, alleging that its First and Fourteenth Amendment rights were violated by the Secretary’s refusal to keep track of Kansas voters’ affiliation with the Constitution Party because the Constitution Party is not a recognized political party under Kansas law. It is undisputed that The Constitution Party did not satisfy the state statutory requirements for having the Secretary record and track voters’ affiliation with it.

Applying the balancing test pursuant to Anderson v. Celebrezze, the district court determined that Kansas’s system of tracking party affiliation did not unconstitutionally burden The Constitution Party’s rights.

On appeal, the Constitution Party argued that the district court misapplied the balancing test, and that Baer v. Meyer, 728 F.2d 471 (10th Cir. 1984) was the controlling case law. The Constitution Party argued that it had shown a sufficient modicum of political support to merit voter affiliation tracking as required by Baer.

The Tenth Circuit AFFIRMED the district court’s ruling in favor of the Secretary, based on its rejection of the argument on which the Constitution Party has chosen to hinge its appeal, namely whether it was entitled to relief as a matter of law, and not whether the facts in the record supported the Secretary’s claimed burdens that would result from voter affiliation tracking. The Court distinguished this case from the Baer case by explaining that decision was carefully confined to the plaintiffs in that case and was based on Colorado law.

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Colorado Court of Appeals: Secretary of State Exceeded Rulemaking Authority by Promulgating Rules that Modify or Contravene Statutory or Constitutional Provisions

September 5, 2012 by Leave a Comment

The Colorado Court of Appeals issued its opinion in Colorado Common Cause v. Gessler, Secretary of State on August 30, 2012.

Rulemaking Authority—Campaign Finance Laws.

This case arose out of a challenge to the Colorado Secretary of State’s (Secretary) rulemaking authority brought by plaintiffs, Colorado Common Cause and Colorado Ethics Watch, pursuant to CRS § 24-4-106. The Secretary appealed the trial court’s order finding he exceeded his rulemaking authority in promulgating Rule 4.27. [Rule 4.27 has since been renumbered as Rule 4.1, 8 Code Colo. Regs. 1505–6.] The order was affirmed.

In 2002, Colorado voters adopted the Campaign and Political Finance Amendment (Amendment), which sets forth specific disclosure requirements that apply to various categories of participants in the elections process. The Amendment also regulates “issue committees” that advocate for or against ballot issues or questions. The Amendment incorporates the registration and disclosure requirements set forth in the Fair Campaign Practices Act (Act). In November 2010, a panel of the Tenth Circuit held in Sampson v. Buescher, 625 F.3d 1247 (10th Cir. 2010), that the financial burden of complying with the registration and reporting requirements for issue committees was substantial and the public interest in such information was minimal.

In response to Sampson, the Secretary commenced a rulemaking process to implement the decision. As part of this process, the Secretary published proposed Rule 4.27, which ultimately was adopted.Rule 4.27 states that “[a]n issue committee shall not be subject to any of the requirements of [the Amendment] or [the Act] until the issue committee has accepted $5,000 or more in contributions or made expenditures of $5,000 or more during an election cycle.” The contributions and expenditure made before reaching this threshold are not required to be reported.

Plaintiffs sued under CRS § 24-4-106. The trial court held that the Secretary had exceeded his rulemaking authority and dismissed the Secretary’s counterclaim for a declaration that the definition of issues committee is unenforceable until such a rule is adopted.

The Court of Appeals noted that an agency does not have authority to promulgate rules that modify or contravene statutory or constitutional provisions. Rule 4.27 creates a contribution and expenditure threshold of $5,000 that triggers an issue committee’s duty to register and disclose. The Act establishes a threshold of $200. On its face, Rule 4.27 conflicts with the clear requirements of Colorado law. Thus, unless Sampson abrogated the $200 threshold, the Secretary lacked the authority to promulgate the rule. The Secretary argued Sampson did just that. The Court disagreed.

The Tenth Circuit declined to address the facial challenge to Colorado’s campaign finance laws, holding only that the application of those laws under the specific facts of Sampson unconstitutionally burdened their freedom of association. The Circuit specifically acknowledged that Colorado campaign finance laws may be constitutionally applied outside of the context presented in Sampson. Consequently, Rule 4.27 sweeps far too broadly. The rule was set aside as void and the order was affirmed.

Summary and full case available here.

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Secretary of State Petitions to Alter Boundaries Between Multiple State Senate and House Districts

August 27, 2012 by Leave a Comment

On Friday, August 24, 2012, Colorado Secretary of State Scott Gessler petitioned the Colorado Supreme Court to modify the boundaries between several State House districts and State Senate districts “in order to rectify a number of minor discrepancies between maps generated by the Colorado Reapportionment Commission and maps and GIS data utilized by various Colorado counties.” According to the Secretary of State, “these discrepancies have resulted in residential parcels that are split between districts, and in some cases include district boundary lines that are inconsistent with settled political boundary lines.”

In response, the Colorado Supreme Court has ordered that the parties and any interested member of the public file support or opposition briefs by August 31, 2012.

Click here to read the Secretary of State’s petition.

Click here to read the Colorado Supreme Court’s order.

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Secretary of State Proposes Amendments to Election Rules

June 19, 2012 by Leave a Comment

The Colorado Secretary of State is considering amendments to the election rules “in order to improve the administration and enforcement of Colorado elections law.” Specifically, the Secretary is considering rules necessary to implement amendments to the election laws made during the 2012 legislative session.

Additional rule revisions concern changes to an elector’ s voter registration status, permanent adoption of current temporary election rules, mail ballot elections, mail-in voting, procedures for processing changes to voter records in the statewide voter registration database, procedures for processing mail, mail-in, and provisional ballots, canvass board processes including the board’s role and duties, and technical corrections.

A hearing on the proposed rule changes will be held on Monday, July 23, 2012 at the Secretary of State’s Office, Aspen Conference Room – 3rd Floor, 1700 Broadway, Denver, Colorado 80290, beginning at 2:00 pm.

Full text of the proposed rule changes can be found here. Further information about the rule changes and hearing can be found here.

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Governor Hickenlooper Continues to Sign Bills Into Law

May 22, 2012 by Leave a Comment

Governor Hickenlooper continues to sign bills that cross his desk. To date, he has signed over 200 bills into law.

Eight bills were signed by the governor on May 11, 2012. Three of them are summarized here.

  • SB 12-123 – Concerning the Secretary of State’s On-Line Business Filing System, and, In Connection Therewith, Authorizing Enhancements to the System, the Designation of Commercial Registered Agents, and Changes to a Reporting Entity’s Anniversary Month and Making an Appropriation.
    Sponsored by Sen. Scott Renfroe and Rep. J. Paul Brown. The bill requires the Secretary of State to develop and implement changes to the online business filing system.
  • HB 12-1114 – Concerning the Crime of Stalking.
    Sponsored by Rep. Millie Hamner and Sen. Gail Schwartz. The bill modifies the crime of stalking by requiring the issuance of a protection order at sentencing and requiring sentences including stalking charges to be served consecutively.
  • HB 12-1140 – Concerning the Duties of the Department of Public Health and Environment as Coordinator for Suicide Prevention Programs Throughout the State.
    Sponsored by Rep. Matt Jones and Sen. Linda Newell. The bill allows but does not require the Department of Public Health to coordinate with hospitals in order to distribute resource materials to people who have attempted suicide.

On Tuesday, May 15, Governor Hickenlooper signed one bill into law, which bill is summarized here.

  • HB 12-1086 – Concerning Implementation of Recommendations of the Committee on Legal Services in Connection with Legislative Review of Rules and Regulations of State Agencies.
    Sponsored by Rep. Bob Gardner and Sen. John Morse. The bill follows recommendations by the Committee on Legal Services regarding certain state agency rules and regulations.

Governor Hickenlooper signed five bills into law on Thursday, May 17, 2012, including HB 12-1238, the READ Act to promote early childhood literacy. This bill and two others are summarized below.

  • HB 12-1238 - Concerning Literacy Education for Students Enrolled in Kindergarten Through Third Grade, and, In Connection Therewith, Creating the “Colorado Early Literacy Act” and Making and Reducing Appropriations.
    Sponsored by Reps. Tom Massey and Millie Hamner and Sens. Mike Johnston and Nancy Spence. The bill strives to ensure that children receive the education needed to ensure they are able to read and succeed in life.
  • HB 12-1213 – Concerning the Penalty for a Person who Escapes from a Place of Confinement Other Than a County Jail or Correctional Facility.
    Sponsored by Rep. Rhonda Fields and Sen. Steve King. The bill exempts some felony escape charges from the designation of a habitual criminal.
  • HB 12-1292 – Concerning Technical Modifications to Laws Relating to the Administration of Elections, and, In Connection Therewith, Harmonizing Current Laws with Federal Law, Altering the Time Periods Within Which Certain Actions Must Be Taken, Raising Certain Fees, and Deleting Obsolete References.
    Sponsored by Rep. Carole Murray and Sen. Rollie Heath. The bill makes various procedural and substantive changes to election laws.

Three more bills were signed into law on Friday, May 19, 2012. These are summarized here.

  • HB 12-1276 – Concerning Child Care Licensure Waivers for Materials Related to a Child Care Center’s Curriculum.
    Sponsored by Rep. Crisanta Duran and Sen. Linda Newell. The bill allows child care centers to use certain materials in their curricula that previously were not allowed to be used without parental approval.
  • HB 12-1286 - Concerning Film Production Activities in Colorado, and, In Connection Therewith, Making an Appropriation.
    Sponsored by Reps. Tom Massey and Mark Ferrandino and Sens. Linda Newell and Jean White. The bill attempts to encourage the production of films in Colorado by offering certain incentives.
  • HB 12-1108 – Concerning the Authority of the Colorado Department of Transportation to Have Signs Within Rights-of-Way on the Highway System.
    Sponsored by Rep. Daniel Kagan and Sen. Mark Scheffel. The bill repeals certain sign restrictions for the Colorado Department of Transportation.

On Saturday, May 19, 2012, Governor Hickenlooper signed three more bills into law as he traveled throughout the state. These bills are:

  • HB 12-1345 – Concerning the Financing of Public Schools, and, In Connection Therewith, Making and Reducing Appropriations.
    Sponsored by Rep. Tom Massey and Sen. Bob Bacon. The bill changes funding for students in K-12 education in Colorado.
  • HB 12-1080 – Concerning Changing the Name of Adams State College to Adams State University.
    Sponsored by Rep. Ed Vigil and Sen. Gail Schwartz. The bill changes the name of Adams State College to Adams State University, and allows the school to provide some graduate level programs.
  • SB 12S-002 – Concerning the Funding of Colorado Water Conservation Board Projects, and, In Connection Therewith, Making Appropriations.
    Sponsored by Sen. Gail Schwartz and Rep. Jerry Sonnenberg. The bill appropriates funds from the Colorado Water Conservation Board for certain water-related projects.

Finally, five more bills were signed by the Governor as he journeyed to Glenwood Springs and Grand Junction on Monday, May 21. Two of these are summarized here.

  • HB 12-1329 – Concerning the County Treasurer Becoming the Public Trustee in Certain Counties Where the Public Trustee is Currently Appointed by the Governor.
    Sponsored by Reps. Ray Scott and Dan Pabon and Sen. Jeanne Nicholson. The bill allows the Board of County Commissioners for certain counties to include the budget for the Office of the Public Trustee in its budget. It also specifies which counties will have appointed public trustees.
  • HB 12-1042 – Concerning a State Income Tax Credit Related to the Portion of Colorado Estate Taxes Paid that are Attributable to Agricultural Land.
    Sponsored by Rep. Sal Pace and Sen. Gail Schwartz. The bill allows a state income tax credit for certain agricultural lands equal to the amount of an estate tax credit.

A complete list of Governor Hickenlooper’s legislative decisions is available here.

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HB 12-1313: Changing Procedures Related to the Statewide Initiative Title Board

April 12, 2012 by Leave a Comment

On February 20, 2012, Rep. Libby Szabo and Sen. Bob Bacon introduced HB 12-1313 – Concerning Procedures Related to the Statewide Initiative Title Board. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill makes changes related to the statewide initiative title board:

  • Clarifies the authority of the secretary of state and attorney general to designate a representative to serve on the title board;
  • Requires a person who submits a motion for rehearing to the title board to specify the grounds for the rehearing and requires the motion to be typewritten;
  • Specifies that after the title board takes action on a motion for rehearing, no further motions for rehearing may be heard; and
  • Codifies case law that appeals of title board decisions must be filed with the Colorado Supreme Court within five business days.

The bill passed the House on March 21 and is assigned to the State, Veterans & Military Affairs Committee. The State Affairs committee has the bill scheduled for Monday April 9 at 1:30 p.m.

Since this summary, the bill passed out of the State, Veterans, & Military Affairs Committee unamended and was moved to the consent calendar for the Committee of the Whole.

Summaries of other featured bills can be found here.

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HB 12-1293: Changes and Clarifications to the Laws Governing Recall Elections

April 6, 2012 by Leave a Comment

On February 7, 2012, Rep. Nancy Todd introduced HB 12-1293 – Concerning Modifications to Procedures that Govern Recall Elections. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill amends, updates, and clarifies various laws governing recall elections, notably:

  • The prohibits profane or false statements from being included in either a recall petition’s statement of grounds or in an elected officer’s statement of justification, respectively;
  • The bill changes the appropriate official with whom to file a petition for recall in non-school board recall elections from the district court to the applicable political subdivision’s designated election official; The bill sets forth specific procedures for recall petitions and review of recall petitions, directs designated election officials to provide specific reasons for rejecting petitions, and allows a committee that submitted a petition not approved as to form to resubmit a corrected petition or appeal a petition deemed insufficient;
  • The bill changes the event that, for timing purposes, determines whether a recall election must be conducted notwithstanding an officer’s resignation;
  • The bill tasks designated election officials, rather than a political subdivision, with setting recall election dates, and applies current law merging certain recall elections with general elections to special district elections, if a special district director is the subject of the recall, reimburse county clerk and recorders for reasonable recall election expenses.

On March 29 the State, Veterans, & Military Affairs Committee refereed the unamended version of the bill to the House floor for 2nd reading.

Since this summary, the bill passed a Second Reading in the House.

Summaries of other featured bills can be found here.

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HB 12-1236: Changing Regulations Related to Paid Solicitations

March 23, 2012 by Leave a Comment

On February 6, 2012, Rep. Ken Summers and Sen. Cheri Jahn introduced HB 12-1236 – Concerning the Regulation of Charitable Solicitations and, in Connection Therewith, Making an Appropriation. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill makes several changes to the laws governing charitable solicitations. The bill excludes grant writers from the definition of “paid solicitor” unless the grant writer’s compensation is computed on the basis of funds raised from the grant. The bill specifies that fundraising on behalf of a named individual is not a charitable appeal and therefore the fundraiser does not have to register with the secretary of state.

In addition, the bill eliminates the need for a charity to request a 3-month extension for the filing of its initial or annual financial report with the secretary of state if the charity has filed for an extension with the internal revenue service.

The bill clarifies that only monetary contributions must be deposited with a financial institution. The bill requires paid solicitors, near the beginning of a telephone solicitation, to disclose that a contribution is not tax-deductible, if that is the case, before soliciting the donation and to state their full and complete name. The bill appropriates $41,440 to the department of state from the department of state cash fund for implementation of the act. The bill cleared the House on March 6. On March 15 the Finance Committee approved the bill and moved it to the Committee on Appropriations.

Summaries of other featured bills can be found here.

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SB 12-135: Requiring Secretary of State to Establish an Online System for Posting Election Results

March 9, 2012 by Leave a Comment

On January 31, 2012, Sen. Kevin Lundberg and Rep. Carole Murray introduced SB 12-135 – Concerning the Development of an On-Line Program to Which the Secretary  of State Posts Election Returns by the Evenings of Specified Election Days and, In Connection Therewith, Making an Appropriation. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill directs the Secretary of State to develop an on-line program for the posting of election returns on election night. Such postings are required for all statewide elections, commencing with the 2012 primary election. To implement the program, upon passage of the bill, $776,460 is appropriated to the department of state from the department of state cash fund. On February 13, the State, Veterans & Military Affairs referred the unamended bill to the Appropriations Committee for consideration of the fiscal impact to the state.

Summaries of other featured bills can be found here.

Filed Under: Legislation Tagged With: , , ,
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