Intimidation of voters or election officials - civil enforcement - short title - definitions

1-13-726. Intimidation of voters or election officials - civil enforcement - short title - definitions. (1) Short title. The short title of this section is the Freedom From Intimidation in Elections Act. (2) Definitions. As used in this section, unless the context otherwise requires: (a) Firearm has the same meaning as set forth in section 18-1-901 (3)(h). (b) Imitation firearm means an object or device reasonably capable of being mistaken for a firearm or for a weapon that uses compressed air or another gas to fire a projectile. (c) Voting includes all actions necessary to make a vote effective in any primary, special, odd-year, or general election, including, but not limited to, registration or other actions required by law as a prerequisite to voting, casting a ballot by any method permitted by law, and having a ballot counted properly and included in the appropriate totals of votes cast with respect to candidates for public or party office and ballot issues and ballot questions for which votes are received in an election. (3) Election-related intimidation prohibited. An individual, whether acting under color of law or otherwise, shall not intimidate, threaten, or coerce or attempt to intimidate, threaten, or coerce any individual for any of the following: (a) Voting or attempting to vote; (b) Urging or aiding any individual to vote or attempt to vote, whether as part of official election administration activity or otherwise; (c) Exercising any powers or duties to administer elections, including vote counting, canvassing, and election certification pursuant to the Uniform Election Code of 1992; or (d) The individual's status as a past or present participant in the administration of elections. (4) Presumption of engaging in election-related intimidation. (a) An individual who carries a visible firearm, imitation firearm, or toy firearm while interacting with or observing any of the activities described in subsection (3) of this section is presumed, in the absence of any affirmative showing to the contrary by a preponderance of the evidence, to have engaged in intimidation prohibited by this section. (b) The presumption specified in subsection (4)(a) of this section does not apply to a law enforcement officer acting within the scope of the officer's official duties or to a uniformed security guard employed by a contract security agency, as defined in section 24-33.5-415.4, acting within the scope of the authority granted by and in the performance of a contractual agreement for the provision of security services with a person or entity that owns or controls the facility, building, or location subject to this section. Accordingly, a plaintiff must allege more than such a law enforcement officer's or uniformed security guard's possession of a holstered firearm to state a claim under this section; except that a court may consider a law enforcement officer's or uniformed security guard's possession of a firearm in determining whether the law enforcement officer or uniformed security guard violated subsection (3) of this section. (5) Right to enforce. (a) Any aggrieved individual has the right to enforce subsection (3) of this section in a suit at law or in equity, or both. A prevailing plaintiff in any such action is entitled to the recovery of reasonable attorney's fees, reasonable expert fees, reasonable litigation expenses, and any other fees or costs that are deemed appropriate by a court of competent jurisdiction. (b) An election official, designated election official, or the secretary of state has the right to enforce the provisions of subsection (3) of this section and may institute an action for equitable relief on behalf of an aggrieved individual who is in the election official's, designated election official's, or secretary of state's jurisdiction or is eligible to vote in such jurisdiction. (c) The attorney general has the right to enforce subsection (3) of this section and may institute for the state, or in the name of the state, an action for equitable relief, including an application for a temporary or permanent injunction, restraining order, or other order. (d) A suit brought by an election official, designated election official, or the secretary of state pursuant to subsection (5)(b) of this section or by the attorney general pursuant to subsection (5)(c) of this section to enforce subsection (3) of this section does not preclude a contemporaneous private suit by an aggrieved individual to enforce subsection (3) of this section. (6) Relief. (a) In a suit to enforce the provisions of subsection (3) of this section, a court may grant relief enjoining a defendant from the use or carrying of firearms beyond the areas described in section 1-13-724 or 18-12-105.3. This section does not limit the court's authority to grant any other just and equitable relief. (b) To prevail in a suit to enforce subsection (3) of this section, a plaintiff is not required to prove that a defendant intended to intimidate, threaten, or coerce any individual, except to prove an attempt to intimidate, threaten, or coerce. A court may nonetheless consider evidence of intent in determining the appropriate relief. (7) Exceptions. This section does not apply to an enforcement action taken pursuant to section 1-1-107 or 1-1.5-104 or to an enforcement action taken by a designated election official against an election judge for a violation of a statute, a rule promulgated by the secretary of state, or the election judge's oath. Source: L. 2025: Entire section added, (HB 25-1225), ch. 179, p. 765, � 2, effective May 12. Cross references: For the legislative declaration in HB 25-1225, see section 1 of chapter 179, Session Laws of Colorado 2025. PART 8 OFFENSES - MAIL VOTING AND VOTING BY NEW RESIDENTS