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Colorado Rights Blog

HB17-1014: Election Offenses Committed By A Voter

Voting Rights
Bill Number: HB17-1014
Year: 2017
ACLU Position: Active Support
Sponsors: P. Rosenthal / D. Williams / O. Hill / K. Donovan

Description:

For elections conducted under both the Uniform Election Code
of 1992 and the Municipal Election Code of 1965, an elector who
shows his or her ballot after it is prepared for voting in such a way as to
reveal its contents, commonly known and referred to as a ballot selfie,
is subject to a criminal misdemeanor penalty.
Section 1 of the bill modifies the ballot selfie prohibition in the
Uniform Election Code of 1965. Specifically, section 1 deletes existing
language prohibiting a voter from showing his ballot after it is prepared
for voting to any person in such a way as to reveal its contents. Under the
bill, any voter may show his completed ballot to any other person. The
bill further provides that any voter makes available an image of the voter’s
own ballot through electronic means after it is prepared for voting is
deemed to have consented to the transmittal of that image and such
transmitted image is in the public domain. The ability of a voter to
exercise such right at a voter service and polling center (VSPC) or at any
other location at which votes are being tabulated is subject to the power
of a county clerk and recorder to monitor activity at such VSPC or other
location, including placing reasonable restrictions on the use of
photography in such settings or imposing other restrictions on activity in
such settings as the county clerk and recorder finds necessary, to ensure
the fair and efficient conduct of elections.
The bill expands the existing restriction prohibiting any person
from endeavoring to induce any voter to show how he or she marked his
or her ballot to include taking a photograph of any other voter’s ballot
after it has been prepared for voting.
Section 2 of the bill makes parallel modifications to the Uniform
Election Code of 1992 as section 1 of the bill regarding ballot selfie
requirements.
Section 3 of the bill creates a new election offense that makes it
unlawful for any person, directly or indirectly, alone or through any other
person, to trade a vote or offer to trade a vote with another elector in this
state or a person in another state in exchange for the other elector’s or
person’s vote for or against a particular candidate, ballot issue, or ballot
question.


Current Status:

Governor Signed (03/16/2017)
Senate Third Reading Passed - No Amendments (03/02/2017)
Senate Second Reading Passed - No Amendments (03/01/2017)
Senate Second Reading Laid Over Daily - No Amendments (02/28/2017)
Senate Committee on State, Veterans, & Military Affairs Refer Unamended to Senate Committee of the Whole 02/22/2017
Introduced In Senate - Assigned to State, Veterans, & Military Affairs (01/31/2017)
House Committee on State, Veterans, & Military Affairs Refer Amended to House Committee of the Whole (01/25/2017)
Introduced In House - Assigned to State, Veterans, & Military Affairs (01/11/2017)



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