NOTE: This bill has been prepared for the signatures of the appropriate legislative

officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.

HOUSE BILL 17-1014

BY REPRESENTATIVE(S) Rosenthal and Williams D., Becker K.,

Beckman, Benavidez, Bridges, Buckner, Esgar, Garnett, Ginal, Hansen,
Herod, Hooton, Humphrey, Jackson, Kennedy, Kraft-Tharp, Lebsock,
Liston, Lundeen, McKean, McLachlan, Michaelson Jenet, Mitsch Bush,
Pabon, Saine, Salazar, Singer, Valdez, Weissman, Winter, Duran;
also SENATOR(S) Hill and Donovan, Baumgardner, Cooke, Crowder,
Garcia, Gardner, Guzman, Moreno, Neville T., Sonnenberg, Grantham.

CONCERNING THE ELIMINATION OF THE CRIMINAL PENALTY IMPOSED UPON

AN ELECTOR FOR DISCLOSING THE CONTENTS OF THE ELECTOR'S
VOTED BALLOT.

Be it enacted by the General Assembly of the State of Colorado:

SECTION 1. In Colorado Revised Statutes, 1-13-712, amend (1)

as follows:

1-13-712. Disclosing or identifying vote. (1) (a) Except as

provided in section 1-7-108, no voter shall show his ballot after it is
prepared for voting to any person in such a way as to reveal its contents. No
voter shall place any mark upon his OR HER ballot by means of which it can
be identified as the one voted by him OR HER, and no other mark shall be
placed on the ballot by any person to identify it after it has been prepared

________
Capital letters indicate new material added to existing statutes; dashes through words indicate
deletions from existing statutes and such material not part of act.
 This permits group
voting, where peer
pressure will
prevail. Impossible
to write enforceable
for voting. provision to prevent
attempts to
(b) ANY VOTER MAY SHOW HIS OR HER VOTED BALLOT TO ANY influence a group
OTHER PERSON AS LONG AS THE DISCLOSURE IS NOT UNDERTAKEN IN of voters.
FURTHERANCE OF ANY ELECTION VIOLATION PROSCRIBED IN THIS ARTICLE Seems meaningless,
13. and does not negate
1-13-712 (3)
prohibiting such
(c) ANY VOTER WHO MAKES AVAILABLE AN IMAGE OF THE VOTER'S transmittal.
OWN BALLOT THROUGH ELECTRONIC MEANS AFTER IT IS PREPARED FOR
Drafting VOTING IS DEEMED TO HAVE CONSENTED TO THE TRANSMITTAL OF THAT
Error: IMAGE. This permits
This section also electioneering in the
applies to "local (d) THE ABILITY OF A VOTER TO DISCLOSE HIS OR HER VOTED polling place with
voted ballots. It also
government" BALLOT AS DESCRIBED IN THIS SUBSECTION (1) AT A VOTER SERVICE AND allows voters to prove
elections in Article POLLING CENTER OR AT ANY OTHER LOCATION AT WHICH VOTES ARE BEING to campaigns'
13.5. County clerks TABULATED IS SUBJECT TO THE POWER OF A COUNTY CLERK AND RECORDER watchers that they
frequently do not voted as the
TO MONITOR ACTIVITY AT SUCH VOTER SERVICE AND POLLING CENTER OR campaigns had
conduct those OTHER LOCATION, INCLUDING PLACING REASONABLE RESTRICTIONS ON THE requested.
elections, and do
USE OF PHOTOGRAPHY IN SUCH SETTINGS OR IMPOSING OTHER RESTRICTIONS Leaving
not have
ON ACTIVITY IN SUCH SETTINGS AS THE COUNTY CLERK AND RECORDER electioneering
jurisdiction to activities to clerk's
FINDS NECESSARY, TO ENSURE THE FAIR AND EFFICIENT CONDUCT OF discretion will be
monitor or make
policy for those ELECTIONS. unworkable and
discriminatory in
elections' polling
places or other SECTION 2. In Colorado Revised Statutes, amend 31-10-1517 as state-wide races
where county to
matter of conduct follows: county practices
of those elections. differ.
Also those 31-10-1517. Disclosing or identifying vote. (1) Except as
elections do not provided in section 31-10-608 or 31-10-609, no voter shall show his ballot
have a Voter after it is prepared for voting to any person in such a way as to reveal its Same as
Service Center. contents, and No person shall solicit or induce the A voter to do so REVEAL comments
HOW HE OR SHE VOTED. No voter shall place any mark upon his OR HER above.
ballot by means of which it can be identified as the one voted by him OR
HER, and no other mark shall be placed upon the ballot to identify it after
it has been prepared for voting.

(2) (a) ANY VOTER MAY SHOW HIS OR HER VOTED BALLOT TO ANY
OTHER PERSON AS LONG AS THE DISCLOSURE IS NOT UNDERTAKEN IN
FURTHERANCE OF ANY ELECTION VIOLATION PROSCRIBED IN THIS PART 15.

(b) ANY VOTER WHO MAKES AVAILABLE AN IMAGE OF THE VOTER'S

PAGE 2-HOUSE BILL 17-1014

OWN BALLOT THROUGH ELECTRONIC MEANS AFTER IT IS PREPARED FOR
VOTING IS DEEMED TO HAVE CONSENTED TO THE TRANSMITTAL OF THAT
IMAGE.

(c) THE ABILITY OF A VOTER TO DISCLOSE HIS OR HER VOTED

BALLOT AS DESCRIBED IN THIS SUBSECTION (2) AT A POLLING PLACE OR AT
ANY OTHER LOCATION AT WHICH VOTES ARE BEING TABULATED IS SUBJECT
TO THE POWER OF THE CLERK TO PROPERLY MONITOR ACTIVITY AT SUCH
POLLING PLACE 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
CLERK FINDS NECESSARY, TO ENSURE THE FAIR AND EFFICIENT CONDUCT OF
ELECTIONS.

(3) Any person violating the provisions of SUBSECTION (1) OF this

section commits a misdemeanor and, upon conviction thereof, shall be
punished as provided in section 31-10-1504.

SECTION 3. Act subject to petition - effective date -

applicability. (1) This act takes effect at 12:01 a.m. on the day following
the expiration of the ninety-day period after final adjournment of the
general assembly (August 9, 2017, if adjournment sine die is on May 10,
2017); except that, if a referendum petition is filed pursuant to section 1 (3)
of article V of the state constitution against this act or an item, section, or
part of this act within such period, then the act, item, section, or part will
not take effect unless approved by the people at the general election to be
held in November 2018 and, in such case, will take effect on the date of the
official declaration of the vote thereon by the governor.

PAGE 3-HOUSE BILL 17-1014

 (2) This act applies to elections conducted on or after the applicable
effective date of this act.

____________________________ ____________________________
Crisanta Duran Kevin J. Grantham
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE

____________________________ ____________________________
Marilyn Eddins Effie Ameen
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE

APPROVED________________________________________

_________________________________________
John W. Hickenlooper
GOVERNOR OF THE STATE OF COLORADO

PAGE 4-HOUSE BILL 17-1014