County Mail Ballot Signature Verification Requirements

Second Regular Session Seventy-fifth General Assembly STATE OF COLORADO INTRODUCED HOUSE BILL 26-1080 LLS NO. 26-0323.01 Sam Anderson x4218 HOUSE SPONSORSHIP Richardson and Paschal, SENATE SPONSORSHIP (None), House Committees Senate Committees State, Civic, Military, & Veterans Affairs A BILL FOR AN ACT CONCERNING A REQUIREMENT THAT A COUNTY CLERK AND RECORDER USE A TEAM OF BIPARTISAN ELECTION JUDGES TO VERIFY SIGNATURES IN A MAIL BALLOT ELECTION.

Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.) Currently, in every mail ballot election coordinated with or conducted by a county clerk and recorder, a single election judge personally conducts the review of each mail ballot for purposes of signature verification, unless the county clerk and recorder allows the election judge to use a signature verification device. The bill requires the Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.

Capital letters or bold & italic numbers indicate new material to be added to existing law. Dashes through the words or numbers indicate deletions from existing law.

county clerk and recorder to use a team of bipartisan election judges, rather than a single election judge, to review mail ballots for purposes of signature verification. The bill requires the secretary of state to adopt rules concerning the procedure for using a team of bipartisan election judges for such signature verification.

Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, 1-7.5-107.3, amend (1)(a), (2)(a), (2)(c), (3), (4)(a), (5), and (6) as follows:

1-7.5-107.3. Verification of signatures - rules.

(1) (a) Except as provided in subsection (5) of this section, in every mail ballot election that is coordinated with or conducted by the county clerk and recorder, an election judge A TEAM OF BIPARTISAN ELECTION JUDGES shall compare the signature on the self-affirmation on each return envelope with the signature of the eligible elector stored in the statewide voter registration system in accordance with subsections (2), (3), and (4) of this section AND ANY RULES ADOPTED BY THE SECRETARY OF STATE PURSUANT TO SUBSECTION (6) OF THIS SECTION.

(2) (a) (I) If, upon comparing the signature of an eligible elector on the self-affirmation on the return envelope with the signature of the eligible elector stored in the statewide voter registration system, the TEAM OF BIPARTISAN election judge JUDGES determines that the signatures do not match, or if a signature verification device used pursuant to subsection (5) of this section is unable to determine that the signatures match, two other election judges of different political party affiliations ONE OTHER ELECTION JUDGE OF ANY POLITICAL PARTY AFFILIATION shall simultaneously compare the signatures;

(II) If, both AFTER COMPLETING THE REVIEW OF SIGNATURES PURSUANT TO SUBSECTION (2)(a)(I) OF THIS SECTION, THE other election judges agree JUDGE AGREES that the signatures do not match, the county clerk and recorder shall, within three days after the signature deficiency has been confirmed, but in no event later than two days after election day, send to the eligible elector at the address indicated in the registration records and to the eligible elector's electronic mail address if available a letter explaining the discrepancy in signatures and a form for the eligible elector to confirm that the elector returned a ballot to the county clerk and recorder. If the county clerk and recorder receives the form within eight days after election day confirming that the elector returned a ballot to the county clerk and recorder and enclosing a copy of the elector's identification as defined in section 1-1-104 (19.5), and if the ballot is otherwise valid, the ballot shall be counted. If the eligible elector returns the form indicating that the elector did not return a ballot to the county clerk and recorder, or if the eligible elector does not return the form within eight days after election day, the self-affirmation on the return envelope shall be categorized as incorrect, the ballot shall not be counted, and the county clerk and recorder shall send copies of the eligible elector's signature on the return envelope and the signature stored in the statewide voter registration system to the district attorney for investigation.

(c) In the case of a disagreement among the election judges as to whether the signature of an eligible elector on the self-affirmation on the return envelope matches the signature of the eligible elector stored in the statewide voter registration system pursuant to the procedures specified in paragraph (a) of this subsection (2) SUBSECTION (2)(a) OF THIS SECTION, the signatures are deemed to match, and the election judge TEAM OF BIPARTISAN ELECTION JUDGES shall follow the procedures specified in section 1-7.5-107 (6) concerning the qualification and counting of mail ballots.

(3) If the election judge TEAM OF BIPARTISAN ELECTION JUDGES determines that the signature of an eligible elector on the self-affirmation matches the elector's signature stored in the statewide voter registration system, the election judge TEAM OF BIPARTISAN ELECTION JUDGES shall follow the procedures specified in section 1-7.5-107 (6) concerning the qualification and counting of mail ballots.

(4) (a) An election judge A TEAM OF BIPARTISAN ELECTION JUDGES shall not determine that the signature of an eligible elector on the self-affirmation does not match the signature of that eligible elector stored in the statewide voter registration system solely on the basis of substitution of initials or use of a common nickname.

(5) (a) A county clerk and recorder may allow an election judge A TEAM OF BIPARTISAN ELECTION JUDGES to use a signature verification device to compare the signature on the self-affirmation on a return envelope of an eligible elector's ballot with the signature of the elector stored in the statewide voter registration system in accordance with this subsection (5) and any rules promulgated by the secretary of state pursuant to subsection (6) of this section.

(b) If a signature verification device determines that the signature on the self-affirmation on a return envelope of an eligible elector's ballot matches the signature of the elector stored in the statewide voter registration system, the signature on the self-affirmation is deemed verified, and the election judge TEAM OF BIPARTISAN ELECTION JUDGES shall follow the procedures specified in section 1-7.5-107 (6) concerning the qualification and counting of mail ballots. If a signature verification device is unable to determine that the signature on the self-affirmation on a return envelope of an eligible elector's mail ballot matches the signature of the elector stored in the statewide voter registration system, an election judge A TEAM OF BIPARTISAN ELECTION JUDGES shall compare the signatures in accordance with subsections (2), (3), and (4) of this section.

(6) The secretary of state shall adopt rules in accordance with article 4 of title 24 C.R.S., establishing procedures for using signature verification devices AND FOR USING A TEAM OF BIPARTISAN ELECTION JUDGES to process ballots used in mail ballot elections pursuant to this article ARTICLE 7.5.

SECTION 2. Act subject to petition - effective date. 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 12, 2026, if adjournment sine die is on May 13, 2026); 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 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.