SB12-147, Integrity in Elections–Preventing Voter Suppression

SB12-147

PROHIBITIONS AGAINST PREVENTING A PERSON FROM VOTING IN AN ELECTION BY INTENTIONALLY COMMUNICATIONG FALSE INFORMATION

Sponsors: Sen. Aguilar, Rep. Williams A.

Staff Name: Stuart Rubinstein

What the Bill Does:
SB12-147 prohibits any individual from intentionally communicating information that is known to be false regarding voter eligibility or voting procedures.  Any individual who communicates such information within 90 days of an election and has the intent to prevent or inhibit another person from voting will be charged with a class 5 felony.  In addition, the Attorney General will be directed to promulgate rules which shall outline the corrective actions that may be undertaken to mitigate the effects of false information.  Likewise, the Attorney General will be required to submit a report which describes any allegations of offenses committed in the past two years.

Colorado Context:
It is impossible to find accurate statistics to outline the problem of voter fraud in Colorado.  As SB12-147 notes, “This type of voter suppression often goes unaddressed by the authorities, and perpetrators are rarely caught.”[1]  Furthermore, victims of misinformation campaigns often are unable to report the abuse to the authorities due to the fact that they do not know they have been given bad information.  In the modern age, perpetrators use, “new technology, including telephonic robocalls, email, and other social media.”[2]  By invoking a wide array of highly advanced means it becomes even less likely that victims will become aware that they are being targeted. 

National Context:
False information campaigns have become more widespread and egregious, in proportion to the ease with which they can be perpetuated by modern technology.  To meet this growing trend, a number of states have enacted a variety of safeguards against voter fraud.  However, most of these laws have been enacted too recently for their effect to be gauged.  A couple of dramatic examples do exist, nonetheless.  An aide to former Maryland Governor Robert Ehrlich was convicted of conspiring to suppress black voter turnout during the 2010 election.[3]  Another example is the 1994 case in which William G. Stinson lost his Pennsylvania Senate seat when it was ruled that his campaign had committed massive voter fraud by encouraging residents to vote by absentee ballot even though they had no legal reason to do so.[4]

Bill Provisions:

SB12-147 provides that:

• Intentionally communicating information known to be false with the intention of preventing or inhibiting someone else’s voting rights will be a class 5 felony.
• The Attorney General will promulgate rules to help counter the spread of malicious false information. 
• The Attorney General will be required to submit a report after every election detailing voter fraud offences of the previous two years.  

Fiscal Impact: No fiscal note available

[1] SB12-147, p.2

[2] SB12-147, p.2

[3] Associated Press, 6 Dec 2011

[4] Michael DeCourcy Hinds, Vote Fraud Ruling Shifts Pennsylvania Senate, New York Times, February 19, 1994. http://www.nytimes.com/1994/02/19/us/vote-fraud-ruling-shifts-pennsylvania-senate.html