1-1-116. Access to precinct caucus - party assembly.
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/co/title-1-elections/article-1-elections-generally/1-1-116·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)The general assembly, the secretary of state, and each political party shall ensure that the caucus process or any future alternative process by which candidates may access the ballot that is accessible to persons with disabilities remains an option in the state.
(a)Notwithstanding any provision to the contrary, within six months of August 7, 2024, any person, upon request, must be able to participate in a precinct caucus or a party assembly with the use of a video conferencing platform. The political party holding the caucus or assembly must allow participation with the use of a video conferencing platform without requiring or requesting an explanation of the need for the use of the video conferencing platform.
It is in a political party's discretion to determine which video conferencing platform will be used for precinct caucuses and party assemblies so long as the platform is accessible to persons with disabilities. Each political party shall establish policies regarding the procedure and timeline for a person to request to participate in a precinct caucus or a party assembly with the use of a video conferencing platform.
(b)The requirements of subsection (2)(a) of this section do not apply when a precinct caucus or party assembly occurs in a geographic location that is in an unserved area of the state, as defined in section 40-15-102 (32).
(c)A political party holding a precinct caucus or party assembly that is exempt pursuant to subsection (2)(b) of this section from the requirements of subsection (2)(a) of this section must allow participation with the use of an alternative to a video conferencing platform, such as a telephone conference call. The alternative means of participation used by a political party in accordance with this subsection (2)(c) must be accessible to persons with disabilities.
(d)A political party may require that a person request to participate in a precinct caucus or a party assembly with the use of a video conferencing platform, or an alternative to a video conferencing platform as provided in subsection (2)(c) of this section, not more than thirty days in advance of the precinct caucus or party assembly.
(3)The failure of any political party to make a reasonable effort to comply with the requirements of this section constitutes discrimination on the basis of disability in violation of section 24-34-602. Any person who is subjected to a violation of this section is entitled to seek all relief provided in section 24-34-602.
(4)Any action taken pursuant to this section does not limit or preclude a person from securing or recovering any other available remedy including any remedy provided by the federal "Americans with Disabilities Act of 1990", 42 U.S.C. sec. 12101 et seq., as amended, and the Colorado anti-discrimination act, parts 3 to 8 of article 34 of title 24.