Signed by Governor Jared Polis

Vote Smart's Synopsis:

Vote to concur with Senate amendments and pass a bill that authorizes instant runoff voting or ranked choice voting to be used in municipal elections.

Highlights:

• Defines "instant runoff voting" as a ranked voting method used to select a single winner in a race (Sec. 1).

• Specifies if standards related to instant runoff voting are promulgated by the federal election commission, the secretary of state may, at the secretary of state's discretion, require by rule that a voting system or voting equipment used to conduct an election using instant runoff voting meet the federal standards, so long as the federal standards meet or exceed those promulgated by the secretary of state (Sec. 2-2).

• Specifies if the voting system is certified for use in an election using instant runoff voting, the voting system must allow the elector to rank multiple candidates in such an election (Sec. 4).

• Specifies if the secretary of state certifies a voting system for use in an election using instant runoff voting, the secretary of state will, if possible, negotiate a single annual statewide license with the voting system provider to allow each county that uses the voting system to conduct elections using instant runoff voting (Sec. 5-2.a).

• Prohibits the secretary of state from certifying any electronic or electromechanical voting system for use in an election using instant runoff voting unless the system meets the requirements and performs the functions required by section 1-7-1003 (Sec. 6).

• Requires the secretary of state to adopt the standards for certification of electronic or electromechanical voting systems and to ensure that new technologies that meet the requirements for such systems are certified promptly and available for selection by political subdivisions and meets user standards (Sec. 7-4).

• Requires the secretary of state to decide whether to certify an electronic or electromechanical voting system for use in an election using instant runoff voting within 120 days after the system is submitted for certification (Sec. 8.c).

• Authorizes a statutory city or town or home rule municipality to refer a municipal election using instant runoff voting to be conducted as part of a coordinated election. If required, a county clerk and recorder will conduct the election on behalf of the municipality as part of the coordinated election (Sec. 9).

• Requires the county clerk and recorder of each such county to conduct the election as part of the coordinated election only if (Sec. 10-3.a):

• The municipality timely provides the notice to each county clerk and recorder;

• Each county clerk and recorder uses a voting system that is certified by the secretary of state for use in an election using instant runoff voting; and

• The data from the voting systems used by all such counties can be tabulated together according to rules created by the secretary of state.

• Prohibits votes cast for an office to be filled or a ballot question or ballot issue to be decided from being counted if a voter marks more names than there are persons to be elected to an office or if for any reason it is impossible to determine the elector's choice of candidate or vote concerning the ballot question or ballot issue (Sec. 12).

• Requires a county to audit an election using instant voting conducted as part of a coordinated election before December 31, 2023, following rules adopted by the secretary of state related to ranked-choice or instant runoff voting, or, if no such rules are adopted, under procedures adopted by the county clerk and recorder (Sec. 14.b.II).

Full Bill Text

Vote Smart's Synopsis:

Vote to amend and pass a bill that authorizes instant runoff voting or ranked choice voting to be used in municipal elections.

Highlights:

• Defines "instant runoff voting" as a ranked voting method used to select a single winner in a race (Sec. 1).

• Specifies if standards related to instant runoff voting are promulgated by the federal election commission, the secretary of state may, at the secretary of state's discretion, require by rule that a voting system or voting equipment used to conduct an election using instant runoff voting meet the federal standards, so long as the federal standards meet or exceed those promulgated by the secretary of state (Sec. 2-2).

• Specifies if the voting system is certified for use in an election using instant runoff voting, the voting system must allow the elector to rank multiple candidates in such an election (Sec. 4).

• Specifies if the secretary of state certifies a voting system for use in an election using instant runoff voting, the secretary of state will, if possible, negotiate a single annual statewide license with the voting system provider to allow each county that uses the voting system to conduct elections using instant runoff voting (Sec. 5-2.a).

• Prohibits the secretary of state from certifying any electronic or electromechanical voting system for use in an election using instant runoff voting unless the system meets the requirements and performs the functions required by section 1-7-1003 (Sec. 6).

• Requires the secretary of state to adopt the standards for certification of electronic or electromechanical voting systems and to ensure that new technologies that meet the requirements for such systems are certified promptly and available for selection by political subdivisions and meets user standards (Sec. 7-4).

• Requires the secretary of state to decide whether to certify an electronic or electromechanical voting system for use in an election using instant runoff voting within 120 days after the system is submitted for certification (Sec. 8.c).

• Authorizes a statutory city or town or home rule municipality to refer a municipal election using instant runoff voting to be conducted as part of a coordinated election. If required, a county clerk and recorder will conduct the election on behalf of the municipality as part of the coordinated election (Sec. 9).

• Requires the county clerk and recorder of each such county to conduct the election as part of the coordinated election only if (Sec. 10-3.a):

• The municipality timely provides the notice to each county clerk and recorder;

• Each county clerk and recorder uses a voting system that is certified by the secretary of state for use in an election using instant runoff voting; and

• The data from the voting systems used by all such counties can be tabulated together according to rules created by the secretary of state.

• Prohibits votes cast for an office to be filled or a ballot question or ballot issue to be decided from being counted if a voter marks more names than there are persons to be elected to an office or if for any reason it is impossible to determine the elector's choice of candidate or vote concerning the ballot question or ballot issue (Sec. 12).

• Requires a county to audit an election using instant voting conducted as part of a coordinated election before December 31, 2023, following rules adopted by the secretary of state related to ranked-choice or instant runoff voting, or, if no such rules are adopted, under procedures adopted by the county clerk and recorder (Sec. 14.b.II).

Full Bill Text