Rep. Bob Marshall

The act creates the Colorado Voting Rights Act (state voting rights act) and modifies certain election-related statutes in the following areas: Tribal voting; Ensuring voter access to methods of selecting candidates for the general election; Restrictions on electioneering and election-related activity near voting locations; Election and voting notices in facilities serving individuals with disabilities; Recounts; Election-related language access; and Election-related data collection. Creation of the state voting rights act. The act creates the state voting rights act, which prohibits political subdivisions from: Engaging in voter suppression by taking any action that results in, will result in, or is intended to result in a material disparity between electors who are members of a protected race, color, or language minority group or other minority reporting group (protected class members) and other eligible electors in regard to voter participation, access to voting opportunities, or the opportunity or ability to participate in the political process; Engaging in voter dilution by enacting or employing any method of election that has the effect of, or is motivated in part by the intention of, disparately impairing the opportunity or ability of protected class members to elect the candidates of their choice or otherwise influence the outcome of elections as a result of diluting the vote of protected class members ; Implementing, imposing, or enforcing a voting qualification or another prerequisite to voting based on an individual's actual or perceived gender identity, gender expression, or sexual orientation; or Implementing, imposing, or enforcing an additional voting qualification or another prerequisite to voting based on an individual's confinement to a local jail, other than those eligibility qualifications that already exist. An aggrieved individual or organization (aggrieved person) may file a civil suit alleging voter suppression; voter dilution; an unlawful voting prerequisite based on gender identity, gender expression, or sexual orientation; or an unlawful voting prerequisite based on confinement to a local jail. The attorney general may investigate potential violations of the act and may file suit to enforce the act or may intervene in an aggrieved individual's or organization's civil suit. Except under specific circumstances, before filing suit, an aggrieved person or the attorney general must send a notification letter describing the alleged violation of the act to the political subdivision. The political subdivision is given 60 or 180 days to adopt a resolution providing for a solution to the alleged violation. Tribal voting. The act clarifies that an identification card, which need not contain a photograph, that is issued by the federal bureau of Indian affairs, Indian health service, or any other federal agency that issues identification certifying tribal membership and that includes an address in Colorado constitutes a valid identification for registration purposes and, upon request of a tribal council, requires a county to establish a drop box, rather than a drop-off location as was previously the case, within the boundaries of a federal reservation. Ensuring voter access to methods of selecting candidates for a general election. The act requires each major political party to ensure that any future alternative process by which a party may select candidates for a general election allows voters not able to attend in person to participate to the same extent as those voting in person, including requiring a process for individuals to vote that does not require in-person voting. Restrictions on electioneering and election-related activity near voting locations. The act clarifies that the restrictions on electioneering and election-related activity conducted within 100 feet of a polling location or drop-off location also apply to drop boxes. Election and voting notices in facilities serving individuals with disabilities. The act imposes a requirement on specified care facilities that provide services primarily to individuals with disabilities to publicly display, in each building in which they serve clients, notices related to voting during the 30 days preceding a general or coordinated election. Recounts. Before a recount, a canvass board has been required to test at least one ballot scanner with a group of 10 test ballots marked by at least 2 canvass board members of different party affiliations. The act changes this process so that each canvass board member, other than the clerk, must separately mark their own group of 10 test ballots. The act also clarifies the duties of a canvass board and a county clerk and recorder in conducting a recount. Election-related language access. The act expands existing requirements for the creation of multilingual ballots from only applying to qualifying counties to also applying to qualifying municipalities. The county clerk and recorder for a county that meets certain requirements for the population or percentage of the voting-age population within the relevant jurisdiction who are minority language speakers and who speak English less than very well has been required to provide multilingual ballots. The act requires a municipal clerk to provide multilingual ballot access if the municipality has a population of at least 3,000 and the municipality exists partially or wholly within a county covered by the existing multilingual ballot requirements. Election-related data collection. The act requires the secretary of state to collect, maintain, and make publicly available data related to elections, including demographics, election results, and voting information. After each election, political subdivisions are required to submit election-related information to the secretary of state. The department of local affairs is also required to annually provide certain demographic information to the secretary of state. The act also changes current law from allowing a custodian of records to deny the right of inspection of certain records and information maintained by the department of revenue to requiring the denial of such inspection. For the 2025-26 fiscal year, $75,432 is appropriated from the department of state cash fund to the department of state for use by the elections division for implementation of the act. The act applies to elections and election-related activities occurring on or after January 1, 2026. (Note: This summary applies to this bill as enacted.)

The act requires a form issued by the state or a local government that requests that the individual completing the form disclose the individual's race or ethnicity to include, in addition to spaces for any other racial or ethnic categories required by the federal office of management and budget, a space to indicate if the individual's race or ethnicity is Middle Eastern, North African, or South Asian. The state and local governments are exempt from the act's requirements if: The demographic data collected in the form is reported by the state or a local government to the federal government; and The federal government rejects or will reject the demographic data reported by the state or a local government because it includes Middle Eastern, North African, or South Asian as a primary demographic category. When exercising the exemption, the state and local governments shall include Middle Eastern, North African, or South Asian as a demographic subcategory of the nonspecific racial category on the form. (Note: This summary applies to this bill as enacted.)

For construction of multifamily, attached housing of 2 or more units, the act creates the multifamily construction incentive program (program). A builder may chose to participate in the program by: Providing a warranty that covers any defect and damage at no cost to the homeowner for specified periods; Having a third-party inspection performed on the property; and Recording a notice of election to participate in the program in the real property records before the property is offered for sale. For construction defect claims brought for the construction of housing for which the builder is a participant in the program, the act: Requires a claimant to file a certificate of review with the complaint, if the complaint is against an architect or engineer; Limits actions to claims that have resulted in: Actual damage to real or personal property; actual loss of the use of real or personal property; actual bodily injury or wrongful death; an unreasonable reduction in the capability of, or an actual failure of, a building component to perform an intended function or purpose; or an unreasonable risk of bodily injury or death to, or a threat to the life, health, or safety of, the occupants of the residential property; and Requires that a construction professional must send or deliver to the claimant an offer to settle the claim or a written response that identifies the standards that apply to the claim and explains why the defect does not require repair. For all construction defect claims, the act: Establishes a claimant's duty to mitigate an alleged construction defect and specifies how a claimant may satisfy this duty and the consequences to a claimant that fails to satisfy this duty; Requires a construction professional who is the defendant in a construction defect action to submit specified information to the claimant; Prohibits an insurer from cancelling, denying, or reducing coverage based on any claim for benefits covered by an existing liability insurance policy issued to a construction professional based on the construction professional's offer to repair or settle a construction defect claim; Tolls the statute of limitations or repose during a claimant's mitigation of an alleged construction defect; Increases the percentage of owners that an executive board of a unit owners' association (executive board) must obtain approval from before initiating a construction defect claim on behalf of the owners from a majority to 65%; and Requires an executive board that is successful in a construction defect claim or settlement to first use the net monetary damages or net proceeds received as a result of the claim to repair the construction defect. The act requires a local government to establish a fast-track approval process for an application for for-sale multifamily condominium projects in order to qualify for assistance from the state affordable housing fund. (Note: This summary applies to this bill as enacted.)

The act allows a transmission developer to co-locate longitudinally high voltage transmission lines within a state highway right-of-way (right-of-way), according to a process developed by rule by the department of transportation (department). Upon the request of a transmission developer, the department is required to provide to the transmission developer the best available information on potential future state highway development projects that could impact the placement of a high voltage line within a right-of-way. If the department and a transmission developer agree that a site may be suitable for high voltage line development and preconstruction requirements are approved, the transmission developer is required to provide a constructability, access, and maintenance report that includes mitigation strategies for potential impacts of the proposed high voltage line. Beginning on January 1, 2027, a transmission developer is required to make a report with the following information available on a public-facing website within 30 days of filing for a local permit for the construction or development of high voltage lines: A description of the analysis undertaken for route selection; An evaluation of the economic impacts, engineering considerations, and reliability of the electric system; and Information demonstrating that, in assessing potential sites for the placement of high voltage lines, a transmission developer has considered or is considering development sites in the following order of priority: First, existing utility corridors; second, rights-of-way; and last, new utility corridors. A transmission developer is not required to select an existing utility corridor or a right-of-way for development of high voltage lines. A transmission developer seeking to locate a high voltage line within a right-of-way within the exterior boundaries of an Indian reservation is required to obtain the written consent of the applicable tribal government. A transmission developer is required to compensate the department for its co-location of high voltage lines in a right-of-way, either through a public-private initiative or by paying surcharges as established by the department by rule. The act also requires the Colorado electric transmission authority, through a public-private partnership and in collaboration with the department, the Colorado energy office, the Colorado public utilities commission, and other state agencies, including the division of parks and wildlife, to study state highway corridors to identify potential corridors that may be suitable for high voltage transmission line development and to publish and share with specified state agencies a report on the findings of the study. The act also aligns the definition of a real estate appraiser with federal law. (Note: This summary applies to this bill as enacted.)

The act allows a currently licensed Colorado teacher seeking to add an early childhood education endorsement, early childhood special education endorsement, elementary education endorsement, or special education generalist endorsement to demonstrate professional competencies by submitting evidence of achieving sufficiently high education coursework grades on coursework aligned with relevant standards as approved by the department of education. If the applicant spots for the multiple measures pathway are not filled, the act allows currently licensed Colorado teachers who are seeking additional licensure endorsements to demonstrate professional competencies using the multiple measures pathway. The act clarifies that 4-year institutions of higher education that offer programs of off-campus instruction and that have courses included in the guaranteed transfer pathway matrix or that are part of a statewide degree transfer agreement may participate in the teacher recruitment education and preparation program. (Note: This summary applies to this bill as enacted.)

Under current law, the independent ethics commission created in article XXIX of the state constitution does not have jurisdiction over officials or employees of special districts or school districts. The bill gives the independent ethics commission jurisdiction to hear complaints, issue findings, assess penalties, and issue advisory opinions on ethics issues concerning a special district official or employee or school district official or employee. However: "Officials" include only members of a school district or special district board; "School district employee" includes only the superintendent or head administrative officer designated by a school board to execute its policy decisions who is appointed or hired by, directly reports to, and is subject to the direction of the school district board; and "Special district employee" includes only an employee of a special district who is appointed or hired by, directly reports to, and is subject to the direction of the special district's board. Existing law establishes ethical standards for a special district official or employee or school district official or employee. The bill incorporates those standards under the independent ethics commission's jurisdiction and expands the standards to include those described in article XXIX of the state constitution. The bill appropriates $120,856 in general fund to the judicial department for use by the independent ethics commission for the 2025-26 state fiscal year. To implement the bill, the commission may use $96,917 for program costs and $23,939 for the purchase of legal services. The bill also appropriates $23,939 to the department of law for the 2025-26 state fiscal year. This appropriation is from reappropriated funds received from the bill's appropriation to the judicial department. To implement the bill, the department of law may use this appropriation to provide legal services for the independent ethics commission. (Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.) (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Legislative Oversight Committee Concerning Tax Policy. Section 2 of the bill extends a refundable income tax credit (credit) that is available for the income tax years commencing on January 1, 2022, and January 1, 2024, so that the credit is also available for the income tax years commencing on January 1, 2025, and January 1, 2026. For each income tax year, the credit is for a qualifying senior, which means a resident individual who: Is 65 years of age or older at the end of the income tax year; Has federal adjusted gross income (AGI) that is less than or equal to $75,000 if filing a single return, or less than or equal to $125,000 if filing a joint return; and Has not claimed the senior property tax exemption for the property tax year that coincides with the income tax year. The amount of the credit for both the 2025 and 2026 income tax years is: $800 for a qualifying senior filing a single return with federal AGI that is $25,000 or less. For every $500 of federal AGI above $25,000, the amount of the credit is reduced by $8. $800 for 2 taxpayers filing a joint return with federal AGI that is $25,000 or less. For every $500 of federal AGI above $25,000, the amount of the credit is reduced by $4. $400 for each taxpayer, in the case of 2 taxpayers who share the same primary residence, and may legally file a joint return but actually file separate returns and both claim the credit. For every $500 of federal AGI above $25,000, the amount of the credit is reduced by $4. Notwithstanding the income-based reductions in the allowable credit amount, a taxpayer who also qualifies for a property tax and rent assistance grant or heat assistance grant during the calendar year 2025 or 2026 is eligible to receive the full amount of the credit. Section 1 requires the property tax administrator to provide reports from counties related to taxpayers who are eligible for and actually claim the homestead property tax exemption.(Note: This summary applies to this bill as introduced.)

Maddy summaryHJR 25-1028 designates Friday, April 25, 2025, as "Sportsmen's Day" in Colorado. This resolution aims to recognize the contributions of Colorado's sportsmen and women to conservation efforts and the state's economy. It also encourages members of the General Assembly to join the Colorado Legislative Sportsmen's Caucus and urges public and private institutions to work with the caucus.

Maddy summaryHouse Joint Resolution 25-1027 designates a specific portion of Colorado State Highway 1 in Larimer County, from East County Road 60 to Interstate 25, as the "Commissioner Lew Gaiter III Memorial Highway." It authorizes the Colorado Department of Transportation (CDOT) to accept donations for the initial placement of signs and to explore a cooperative agreement with Larimer County for sign maintenance.

Maddy summaryHouse Joint Resolution 25-1030 expresses the State of Colorado's strong opposition to the use of forced labor in the production of goods. The resolution states that Colorado will use its purchasing power to support businesses that ethically source or manufacture products without forced labor. It also encourages state and local economic development offices to attract businesses that avoid these labor practices. This joint resolution aims to influence state and local government purchasing decisions and promote ethical business standards.