Second Regular Session Seventy-third General Assembly STATE OF COLORADO INTRODUCED LLS NO. 22-0555.01 Pierce Lively x2059 HOUSE BILL 22-1085 House Committees Senate Committees State, Civic, Military, & Veterans Affairs A BILL FOR AN ACT C ONCERNING PAPER BALLOT FRAUD COUNTERMEASURES .101 Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov .) The bill requires that paper used for paper ballots have certain fraud countermeasures and that paper ballot records be provided by vendors that have one or more specified accreditations in any primary, general, coordinated statewide, or statewide recall election. The bill also requires the general assembly to annually appropriate money from the general fund to the department of state as necessary for the department of state to pay county clerk and recorders for the costs related to complying with the requirements of the bill. HOUSE SPONSORSHIP Hanks, SENATE SPONSORSHIP (None), Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. Capital letters or bold & italic numbers indicate new material to be added to existing statute. Dashes through the words indicate deletions from existing statute. Be it enacted by the General Assembly of the State of Colorado:1 SECTION 1. In Colorado Revised Statutes, add 1-5-414 as2 follows:3 1-5-414. Paper ballot fraud countermeasures - vendors -4 general fund appropriation. (1) C OMMENCING WITH THE GENERAL5 ELECTION HELD IN NOVEMBER 2022, PAPER BALLOTS USED IN ANY6 PRIMARY, GENERAL, COORDINATED STATEWIDE , OR STATEWIDE RECALL7 ELECTION MUST INCLUDE THE FOLLOWING BALLOT FRAUD8 COUNTERMEASURES :9 (a) U NIQUE CONTROLLED-SUPPLY WATERMARKED CLEARING BANK10 SPECIFICATION ONE SECURITY PAPER;11 (b) S ECURE HOLOGRAPHIC FOIL WITH A TOTAL SURFACE AREA OF12 BETWEEN TEN SQUARE MILLIMETERS AND TWENTY SQUARE MILLIMETERS13 AND WITH A PROPRIETARY ORIGINAL IMAGE IN VISIBLE AND14 MULTICOLORED INVISIBLE ULTRAVIOLET INKS . THE VISIBLE OVERPRINT15 MUST BE TRANSLUCENT SO THAT THE HOLOGRAM IMAGE STRIKES16 THROUGH THE PRINTED IMAGE WHEN VIEWED AT DIFFERENT ANGLES AND17 MUST BE CURED IN SUCH A WAY THAT ANY TAMPERING OF THE IMAGE18 CAUSES VISIBLE DAMAGE TO THE HOLOGRAM . THE HOLOGRAPHIC FOIL19 DESIGN AND ORIGINATION ARTWORK MUST BE EXCLUSIVELY OWNED AND20 CONTROLLED BY THE SECURITY PRINTER .21 (c) B RANDED OVERPRINT OF ANY HOLOGRAM THAT PERSONALIZES22 THE HOLOGRAM WITH A CUSTOMER LOGO ;23 (d) C USTOM COMPLEX SECURITY BACKGROUND DESIGNS WITH24 BANKNOTE-LEVEL SECURITY;25 (e) S ECURE VARIABLE DIGITAL INFILL;26 HB22-1085-2- (f) THERMOCHROMIC, TRI-THERMOCHROMIC, PHOTOCHROMIC, OR1 OPTICALLY VARIABLE INKS;2 (g) S TEALTH NUMBERING IN ULTRAVIOLET , INFRARED, OR3 TAGGANT INKS;4 (h) T WO-COLOR RAINBOW PRINT INVISIBLE ULTRAVIOLET5 NUMISMATIC DESIGNS WITH A FINE LINE SECURITY RELIEF DESIGN THAT6 FOLLOWS THE PRIMARY IMAGE 'S DESIGN EXACTLY AND WITH A MINIMUM7 LINE WEIGHT OF FOUR HUNDRED AND TWENTY -FOUR TEN THOUSANDTHS8 OF A MILLIMETER;9 (i) U NIQUE FORENSIC FRAUD DETECTION TECHNOLOGY THAT IS10 BUILT INTO SECURITY INKS;11 (j) I NVISIBLE ULTRAVIOLET MICROTEXT WITH AN ULTRAVIOLET12 IMAGE MINIMUM HEIGHT OF THREE TENTHS OF A MILLIMETER AND13 MAXIMUM HEIGHT OF ONE-HALF OF A MILLIMETER;14 (k) R ASTER IMAGING PRINTED ON SEVENTY -FIVE PERCENT OF THE15 DOCUMENT FACE IN A MINIMUM TWO -COLOR INVISIBLE ULTRAVIOLET INK16 WITH A MINIMUM LINE WEIGHT OF TWO HUNDRED AND FORTY -TWO TEN17 THOUSANDTHS OF A MILLIMETER A ND A MAXIMUM LINE WEIGHT OF18 EIGHTY-FOUR THOUSANDTHS OF A MILLIMETER ;19 (l) T HREE-COLOR INVISIBLE ULTRAVIOLET GUILLOCHE WITH AN20 ANTI-COPY FEATURE THAT IS A CUSTOM GEOMETRIC DESIGN SPECIFIC TO21 THE DOCUMENT AND WITH A HIGH LEVEL OF SECURE FINE LINE DETAIL22 CONSISTING OF MULTIPLE LINE WEIGHTS WITH A MINIMUM LINE WEIGHT OF23 TWO HUNDRED AND FORTY -TWO THOUSANDTHS OF A MILLIMETER ;24 (m) V ISIBLE COLORED OVERT INK WITH AN EMBEDDED COVERT ,25 NEAR-INFRARED, MACHINE-READABLE TAGGANT THAT IS CAPABLE OF26 DETECTION THROUGH PROPRIETARY INFRARED WAVELENGTH LIGHT27 HB22-1085 -3- SOURCE EXCITATION AND RELATED INFRARED WAVELENGTH EMISSION1 CHARACTERISTICS THAT CONFIRM AUTHENTICITY THROUGH A COMPLEX2 TEMPORAL MEASUREMENT WHEN READ BY A HAND -HELD, RECHARGEABLE3 BATTERY-OPERATED PROPRIETARY DETECTOR ;4 (n) A MOLECULAR LEVEL, FORENSIC-COVERT SECURITY FEATURE5 INCLUDED IN THE INFRARED TAGGED INK PRESCRIBED IN SUBSECTION6 (1)(m) OF THIS SECTION. THIS PROPRIETARY MOLECULAR MARKER MUST7 BE AUTHENTICATED BY LABORATORY ANALYSIS USING GAS8 CHROMATOGRAPHY MASS SPECTROMETRY AND THE CONCENTRATION IN9 THE RELATED INK CANNOT BE MORE THAN ONE PART PER MILLION .10 (o) M ICROPRINTING, A SECURITY RELIEF DESIGN TECHNIQUE THAT11 REQUIRES A BANKNOTE GRAPHICS SOFTWARE . THE DESIGN MUST PROTECT12 INFILL AREAS FROM FRAUDULENT ALTERATIONS .13 (p) M ULTICOLORED INVISIBLE PRIMARY FLUORESCENT ELEMENTS14 THAT ARE PRINTED IN REGISTER TO CREATE A RAINBOW EFFECT15 BACKGROUND. THE IMAGE MUST INCORPORATE MULTIPLE SECURITY16 GRAPHIC TECHNIQUES AND MUST BE GENERATED USING17 ANTI-COUNTERFEIT DESIGN SOFTWARE THAT IS COMMERCIALLY18 AVAILABLE ONLY FOR APPROVED AND ACCREDITED PRINTERS .19 (q) S ERIALIZED BLACK QUICK RESPONSE CODE, OTHERWISE KNOWN20 AS A "QR CODE", PRINTED ON THE TOP LEFT CORNER AND BOTTOM RIGHT21 CORNER THAT CAN BE READ BY NATIVE QUICK RESPONSE FUNCTIONS OF22 IOS AND ANDROID SMARTPHONES , REDIRECTS THE VOTER TO A23 WEB-BASED VOTER INFORMATION PAGE, AND TRACKS THE VOTER'S BALLOT24 AS IT IS PROCESSED;25 (r) P APER THAT IS EIGHT AND ONE-HALF INCHES WIDE BY NINETEEN26 TO TWENTY-TWO INCHES LONG AND THAT WEIGHS EIGHTY GRAMS PER27 HB22-1085 -4- SQUARE METER; AND1 (s) A PAPER RECEIPT FOR THE VOTER THAT IS A PERFORATED2 PORTION OF THE BALLOT SUITABLE FOR THE VOTER TO REMOVE FROM THE3 BALLOT AFTER COMPLETING THE BALLOT AND INCLUDES THE LOT NUMBER4 AND SEQUENCE NUMBER OF THE SHEET OF PAPER ON WHICH THE BALLOT5 IS PRINTED AND A SERIALIZED BLACK QUICK RESPONSE CODE THAT CAN BE6 READ BY NATIVE QUICK RESPONSE FUNCTIONS OF IOS AND ANDROID7 SMARTPHONES, REDIRECTS THE VOTER TO A WEB -BASED VOTER8 INFORMATION PAGE, AND TRACKS THE VOTER 'S BALLOT AS IT IS9 PROCESSED.10 (2) C OMMENCING WITH THE GENERAL ELECTION HELD IN11 N OVEMBER 2022, PAPER BALLOTS USED IN ANY GENERAL OR RECALL12 ELECTION MUST BE PROVIDED BY VENDORS WHO ARE ACCREDITED13 PURSUANT TO ISO/IEC 27001, ISO/IEC 17025, ISO/IEC 45001, ISO/IEC14 14001, ISO/IEC 14298, OR ISO/IEC 9001:2015 OF THE JOINT TECHNICAL15 COMMITTEE OF THE INTERNATIONAL ORGANIZATION FOR16 STANDARDIZATION AND THE INTERNATIONAL ELECTROTECHNICAL17 COMMISSION.18 (3) T HE GENERAL ASSEMBLY SHALL ANNUALLY APPROPRIATE19 MONEY FROM THE GENERAL FUND TO THE DEPARTMENT OF STATE AS20 NECESSARY FOR THE DEPARTMENT OF STATE TO PAY COUNTY CLERK AND21 RECORDERS FOR THE COSTS RELATED TO COMPLYING WITH THE22 REQUIREMENTS OF THIS SECTION.23 SECTION 2. Safety clause. The general assembly hereby finds,24 determines, and declares that this act is necessary for the immediate25 preservation of the public peace, health, or safety.26 HB22-1085 -5-