Freedom from Intimidation in Elections Act

Stronger protections for voters and election workers

Effective upon enactment, Colorado law bans intimidation, threats, coercion, and attempts against voters, voter helpers, and election workers. It covers voter registration, lawful voting methods, ballot counting, canvassing, certification, and past or present election service. The ban applies even to people acting under official authority. Visibly carrying a real, imitation, or toy gun while watching or interacting with covered activities creates a presumption of intimidation. The person can overcome that presumption by showing it is more likely wrong than right. This presumption excludes officers performing official duties and qualifying uniformed contract security guards acting within their authority and contract. Courts can still consider their guns when deciding whether intimidation occurred. People harmed can sue, and winning plaintiffs are entitled to reasonable lawyer fees, expert fees, litigation costs, and other court-approved costs. Election officials and the secretary of state can seek court orders for harmed people in their jurisdiction or eligible voters there. The attorney general can seek orders for the state, and an official's lawsuit does not block a private lawsuit. Courts can issue restraining orders and injunctions, including gun-carrying restrictions beyond areas covered by existing firearm laws. Plaintiffs generally do not need to prove intent to intimidate, except for attempts; courts can consider intent when choosing relief. The law excludes enforcement actions under sections 1-1-107 and 1-1.5-104. It also excludes designated election officials' actions against election judges for violating election laws, secretary of state rules, or their oath.