A panel of Colorado legislators on Monday advanced a bill to penalize “fake electors.”
As introduced, the legislation would have penalized creating a “false” slate of electors, serving as an elector in that false slate, and conspiring to create or serve in that slate. Colorado’s current statutes do not explicitly outline penalties for such acts.
As amended, House Bill 1150 defined these specific actions as perjury and forgery, punishable by a fine of no greater than $10,000. The amendment also removed the possibility of jail time for an individual convicted of the offense relating to false electors.
Sponsors said the bill seeks to prevent the scenario that occurred immediately after the 2020 election, in which a slate of “electors” — not the individuals officially designated by the political parties from each state — signed certificates claiming that Trump, who lost to Joe Biden, won in their states.
Several states have pursued charges against the “fake electors.” In Wisconsin, 10 Republicans settled a civil lawsuit, admitted their actions were part of an effort to overturn Biden’s victory, and, under the settlement, acknowledged Biden won their state and agreed to not serve as presidential electors in 2024 or any other election where Trump is on the ballot.
“Our democracy is a coalition of the willing,” said Rep. Jennifer Parenti, D- Longmont, one of the bill’s sponsors. “It has survived for centuries on the good faith of its citizens, but recently we have had the misfortune of realizing that that democracy is not protected from an intentionally disruptive actor of actors.”
Critics, meanwhile, argued the legislation is unnecessary.
Rep. Ken DeGraaf, R- Colorado Springs, said he voted against the bill because he believes there are already statutes in place to go after some of the acts outlined in the bill.
As introduced, HB 1150 stated that an individual found to have created, served on or conspired to create a false slate of electors would have faced charges of perjury and forgery, with potential fines up to $1,000 and potential jail time for up to a year.
In addition, a person convicted of perjury for knowingly and falsely swearing to the oath required for presidential electors is barred from “holding any office of trust or profit” in Colorado.
No witness spoke against the measure.
Parenti said the bill clarifies that such acts are against the law.
“It’s about ensuring that should someone or some group attempt to undermine our election with a scheme to put forward a false slate of electoral college electors, that the judicial system of the State of Colorado has clear guidance from the legislature that cases like this involve a willful falsification of official documents,” Parenti said. “They involve a willful betrayal of oaths of office, and that these acts constitute both forgery and perjury of the law and should be treated as such.”
Testifying before the House State, Civic, Military and Veterans Affairs Committee, Colorado Deputy Secretary of State Christopher Beall said the since has recorded a marked increase in efforts to “undermine” elections since 2020, including attempts to suppress votes and threats directed at elections officials.
Beall said while some of the participants in the 2020 “false electors plot” were prosecuted, others evaded legal consequences because their states didn’t have laws penalizing such acts.
“This year we have an opportunity to send a clear message that if someone tries to steal an election in Colorado, there will be consequences,” Beall said.
“There must be consequences for overturning the will of the voters, both to prevent these schemes from being attempted in the future and to ensure accountability to those responsible for future attempts,” added Aly Belknap of Colorado Common Cause.
“This bill is really just about making sure that our democracy is more protected,” said Lorena Garcia, D- Westminster, who also sponsored the bill. “We cannot allow people to break laws in an effort to overturn a fair election. By instituting these penalties, it is a greater deterrent for people to act than if we were to throw them in jail for ten years.”
The bill passed 7-3 on party lines with one committee member excused.
The Associated Press contributed to this article.
