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The Title Board met on May 19, 2021 to consider a ballot initiative making substantial changes to Colorado's election procedures, including the elimination of universal vote-by-mail.

The proponents of a ballot initiative that would end universal vote-by-mail in Colorado and require a fingerprinted, government-issued elector card to cast a ballot will ask the Title Board for a second time on Wednesday to issue a ballot title for the measure.

Initiative #38, from designated representatives Margot Herzl of Littleton and Anna Omsberg of Bailey, would also eliminate ballot drop boxes and establish fines and jail sentences for violating election law.

At its prior meeting, the Title Board found it lacked jurisdiction to award a title for Initiative #38 because its proponents failed to follow the law when submitting their materials to the secretary of state's office. The proponents subsequently re-filed the initiative paperwork.

The three-member board is responsible for determining whether a proposed ballot initiative pertains to a single subject, as the constitution requires. If so, it sets a title to appears before voters that is brief, yet encompasses all central features of the measure. Proponents then have the opportunity to collect signatures to place the initiative on the statewide ballot.

Voting by mail is popular in Colorado, encompassing 94% of ballots cast in the 2020 general election. The state is one of five that sends mail ballots to eligible voters for all elections, according to the National Conference of State Legislatures, although other states followed suit last year due to the pandemic.

Since November, Republican-led states have moved to restrict access to alternative methods of voting. Over the weekend, the Democratic minority in Texas's House of Representatives managed to kill a proposal that would have imposed new restrictions on voting by mail and banned ballot drop boxes. President Joe Biden called the measure "wrong and un-American."

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