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Colorado Rights Blog

SB14-079: Challenges To Ballot Cast By Mail

Voting Rights
Bill Number: SB14-079
Year: 2014
ACLU Position: Oppose
Sponsors: Harvey

Description:

The bill allows any individual, including an individual performing the function of a watcher, to challenge a mail or mail-in ballot that has been provided to an elector. A challenge brought under the bill may address, among other matters: • The elector's eligibility to vote on one or more ballot issues, ballot questions, or candidate races on the ballot; and • The signature on the mail or mail-in ballot return envelope.
If an individual challenges a mail or mail-in ballot, the election judge is required to forward the challenged ballot to 2 other election judges of different political party affiliations who are required to review either the elector's eligibility to vote on the ballot issues, ballot questions, or candidate races on the ballot that is the subject of the challenge or the elector's signature in the statewide voter registration database (database), as applicable.
The bill specifies certain consequences depending upon the review of the challenge. Specifically:
• If both other election judges determine the elector should not have been able to vote on a particular ballot issue, ballot question, or candidate race that is the subject of the challenge, the judges are required to count only those ballot issues, ballot questions, or candidate races on which the elector cast a vote for which he or she was legally eligible to vote. If both other election judges determine the elector was not eligible to vote for any ballot issues, ballot questions or candidate races that are on the ballot, the judges shall not count the elector's ballot in its entirety.
• If both other election judges determine the signature on the election ballot does not match the elector's signature in the database, the judges are required to follow existing statutory procedures for verifying a signature.
• If both other election judges determine the elector is eligible to cast a mail or mail-in ballot in the case of a challenge to his or her eligibility or that the elector's signature is valid in the case of a challenge to the elector's signature, the judges are required to count the elector's mail or mail-in ballot. 


Current Status:

01/27/2014 - Senate Committee on State, Veterans, & Military Affairs Postpone Indefinitely
01/14/2014 - Introduced In Senate - Assigned to State, Veterans, & Military Affairs



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