Secretary Coffman Opposes Groff Floor Amendment to Senate Bill 83

Giving Parolees Full Voting Rights Violates Colorado Constitution

Denver, February 12, 2007 – Secretary of State Mike Coffman reacted today to a floor amendment to Senate Bill 83, an election law technical clean up bill sponsored by State Senator Ron Tupa (D-Boulder), in collaboration with county clerks.

The amendment, introduced by Senator Peter Groff (D-Adams), would give individuals on parole the right to vote.

“I adamantly oppose this floor amendment and believe it violates the State Constitution,” Secretary Coffman said.

The Colorado Constitution states that a qualified elector who has “served out his full term of imprisonment” shall have his full voting rights restored (Article VII, Section 10). Colorado Revised Statute section 1-2-103(4) prohibits Colorado parolees from registering to vote and from voting.

On July 31, 2006, the Colorado Supreme Court ruled that C.R.S. section 1-2-103(4) does not violate the constitution, and that, “a person who is serving a sentence of parole has not served his or her full term of imprisonment within the meaning of this constitutional provision [Article VII, Section 10].” (Danielson v. Dennis (Case No. 06SA174)).

In Danielson v. Dennis, the Supreme Court also stated that, “the people of Colorado in adopting their constitution intended that those who commit crimes so severe that they warrant time in prison are subject to disenfranchisement and are reinvested with the right to vote only on completion of the entire sentence, or if pardoned.”

“The Colorado Supreme Court was clear in their decision,” Secretary Coffman said. “Individuals should not be afforded the privilege of voting until their prison sentence has been served in full, regardless of whether the sentence is served out in confinement or while on parole.”