Legislative Changes for Special District Elections
2020 - 2022 Legislative Sessions
The Division monitors election-related bills during each legislative session, which, under normal circumstances starts on the second Wednesday in January and lasts no more than 120 days, through roughly the second week of May. Special sessions may be convened by the governor or with written request of 2/3 members of each House of the General Assembly.
The General Assembly is comprised of two houses. The upper chamber is the Senate, with 35 members; the House of Representatives has 65 members. All bills must pass both the House and Senate before being considered by the governor who then signs (or possibly vetoing) any of the legislation discussed below. Most bills become law 90 days after the close of the legislative session.
2022
Two election-related bills were signed by Governor Polis: one aimed to prevent threats or coercion of election officials; the other banned open-carry weapons. Both laws are found in Title 1-Article 13-Part 7. The Local Government Election Code (1-13.5-1601) states that election offenses and penalties in that part (excepting parts 2 & 3) apply to special districts.
HB22-1273: Concerning Protections For Election Officials
This Act makes it unlawful, either verbally or by letter, threaten, coerce, or intimidate an election official with the intent to interfere with the performance of their duties.
Punishment is a Class 2 misdemeanor.
HB22-1086: Concerning Prohibiting Openly Carrying Firearms At A Voting Location
Prohibits open carry of any firearm within 100’ of any polling place or building where a polling location/dropbox is located.
Failure to comply is a misdemeanor.
2021
The General Assembly passed two bills that will affect special district elections.
SB21-160: Concerning Certain Administrative Clarifications To Local Government Election Codes.
This partly a “cleanup” bill that included some technical corrections and clarifications. Most notable of these included changes are to the self-nomination form and its evaluation, including a requirement that the DEO “shall provide notification of the sufficiency or insufficiency of the candidate;” and affords the DEO the ability to accept a self-nomination form if eligibility is otherwise determined using an erroneously-provided mailing address (instead of a physical address). Also provides a mechanism for a special district to divide into director districts outside of organization or consolidation. It may now commence or cease electing by director districts via resolution.
SB21-262: Concerning Transparency For Special Districts.
This bill altered the Call for Nominations notice in such a way that all special districts and especially metropolitan districts will be affected. All non-metropolitan special districts (and metropolitan districts created prior to January 1, 2000) would be required to provide secondary notice in addition to the still-mandated (newspaper) published notice. Options include mailing at 150 days, providing to electors via regular newsletter, or (easiest) posting on the district’s website.
Metropolitan districts organized after January 1, 2000, must email the notice to all registered electors (clerk list only/as of the 150th day prior to the election), or mail the Call for Nominations notice if no email address is available. They must also post a 2nd way.
Because of an additional requirement in section 32-1-104.5(3) as a result of this bill, these same metropolitan districts organized after 2000 must post an array of information, though mostly redundant to filings already made, on its website. All special districts created after July 1, 2000, must post an annual report for the preceding year, starting October 1, 2023.
Other bills of less importance.
HB21-1011: Concerning The Expansion Of Multilingual Ballot Access For Electors In The State, And, In Connection Therewith, Making An Appropriation.
Increases availably of resources for non-English speakers.
HB21-1321: Concerning Voter Transparency Requirements To Increase Information About The Fiscal Impact Of Statewide Ballot Measures That Would Result In A Change In District Revenue, And, In Connection Therewith, Making An Appropriation.
Applies to statewide ballots only.
SB21-188: Concerning Allowing A Voter With A Disability Who Receives A Ballot Through An Electronic Voting Device To Return The Ballot Electronically.
Appears to affect county clerk elections, not special districts or municipalities (except when coordinated).
HB21-1071: Concerning The Use Of Ranked Choice Voting In Nonpartisan Elections
This bill provides a legal mechanism for any municipality choosing to the perform ranked choice voting (RCV) ballot method in a coordinated election, and directs the Secretary of State to certify voting systems with RCV capabilities and make Rules regarding those types of elections/ballots.