First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 23-0748.01 Pierce Lively x2059
HOUSE BILL 23-1170
House Committees Senate Committees
State, Civic, Military, & Veterans Affairs
A BILL FOR AN ACT
C
ONCERNING THE USE OF DISTRIBUTED LEDGERS IN ELECTIONS , AND,101
IN CONNECTION THEREWITH , ESTABLISHING REQUIREMENTS102
FOR THE CREATION AND USE OF CAST VOTE RECORD , TALLY103
STATUS REPORT, TOKEN ASSIGNMENT, AND VOTER ELIGIBILITY104
STATUS DISTRIBUTED LEDGERS .105
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
.)
A distributed ledger is a permanent database that is consensually
shared, synchronized, and publicly accessible. A distributed ledger allows
HOUSE SPONSORSHIP
DeGraaf, Bottoms
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 law.
Dashes through the words or numbers indicate deletions from existing law. information to be entered into a publicly available common database from
multiple locations at different times. The bill establishes a system for the
use of distributed ledgers in elections.
In the case of an elector who votes in person:
! A vetting registrar, in the presence of a vetting registration
observer team, verifies that the elector is eligible to vote,
and updates the voter eligibility status distributed ledger to
reflect this process;
! A token assignment registrar, in the presence of a token
assignment observer team, assigns the elector an election
token, which is a unique anonymous text identifier, and
updates the token assignment status and voter eligibility
status distributed ledgers to reflect the assignment;
! The elector completes the elector's ballot and the election
token is attached to that ballot; and
! An election official ensures that the elector is provided
with a copy of the elector's ballot and election token.
In the case of an elector who votes by mail:
! A vetting registrar, in the presence of a vetting registration
observer team, notifies the elector that the elector's ballot
has been received and will only be counted after the elector
acknowledges the ballot's receipt;
! If the elector confirms the receipt of the elector's ballot
with the vetting registrar, in the presence of the vetting
registration observer team, the vetting registrar shall
indicate this confirmation on a form attached to the ballot
and update the voter eligibility status distributed ledger to
reflect the confirmation; and
! A token assignment registrar, in the presence of a token
assignment observer team, assigns the ballot an election
token, which is a unique anonymous text identifier, and
updates the token assignment status and voter eligibility
status distributed ledgers to reflect the assignment.
Before any ballot is counted, it is verified, in the presence of a
token assignment observer team, that a unique election token is attached
to the ballot. Upon counting a ballot, unless the ballot is counted as part
of a manual count, a cast vote record of the ballot must be created and
entered into the cast vote record distributed ledger.
The public may access the various distributed ledgers described in
the bill to confirm that the approach in the bill is followed, and that votes
are counted accurately, and that the public may access a tally status report
distributed ledger as votes are counted to track election results.
Be it enacted by the General Assembly of the State of Colorado:1
HB23-1170-2- SECTION 1. In Colorado Revised Statutes, add part 11 to article1
7 of title 1 as follows:2
PART 113
ELECTION INTEGRITY PROTOCOL4
1-7-1101. Short title. T
HE SHORT TITLE OF THIS PART 11 IS THE5
"E
LECTION INTEGRITY PROTOCOL ACT".6
1-7-1102. Definitions. A
S USED IN THIS PART 11, UNLESS THE7
CONTEXT OTHERWISE REQUIRES :8
(1) "C
AST VOTE RECORD" MEANS A RECORD OF THE FOLLOWING9
FOR EACH BALLOT:10
(a) A
UNIQUE IDENTIFIER FOR THE CAST VOTE RECORD FOR THE11
BALLOT;12
(b) A
DESCRIPTION OF THE BALLOT TYPE;13
(c) T
HE ELECTION TOKEN ASSOCIATED WITH THE BALLOT OR THE14
ELECTOR WHO CAST THE BALLOT ;15
(d) T
HE NAMES OF THE TOKEN ASSIGNMENT REGISTRAR AND16
VETTING REGISTRAR ASSOCIATED WITH THE ELECTION TOKEN ;17
(e) T
HE GLOBAL POSITIONING SYSTEM LOCATION , ADDRESS, OR18
PRECINCT WHERE THE BALLOT WAS COUNTED ;19
(f) W
HEN THE BALLOT WAS COUNTED , EXPRESSED IN20
COORDINATED UNIVERSAL TIME ;21
(g) T
HE CHOICE FOR EACH OFFICE, BALLOT ISSUE, OR BALLOT22
QUESTION THAT IS INDICATED ON THE BALLOT AND AN INDICATION OF ANY23
OFFICE, BALLOT ISSUE, OR BALLOT QUESTION FOR WHICH AN ELECTOR DID24
NOT MAKE A SELECTION; AND25
(h) A
PREVIOUS HASH.26
(2) "C
AST VOTE RECORD DISTRIBUTED LEDGER " MEANS A27
HB23-1170
-3- DISTRIBUTED LEDGER THAT CONSISTS OF CAST VOTE RECORDS .1
(3) "D
ISTRIBUTED LEDGER" MEANS A PERMANENT DATABASE THAT2
IS CONSENSUALLY SHARED AND SYNCHRONIZED ACROSS MULTIPLE3
LOCATIONS AND IS PUBLICLY ACCESSIBLE . EACH RECORD IN A4
DISTRIBUTED LEDGER SHALL BE ATTACHED TO THE IMMEDIATELY5
PRECEDING RECORD BY WAY OF A ONE -WAY HASH FUNCTION EXPRESSED6
AS A PREVIOUS HASH. THE GENERAL ASSEMBLY SHALL ENSURE THAT ALL7
DISTRIBUTED LEDGERS ARE PUBLICLY AVAILABLE , EASILY SEARCHABLE,8
ACCURATE, AND SECURE.9
(4) "E
LECTION TOKEN" MEANS A UNIQUE ANONYMOUS TEXT10
IDENTIFIER ASSIGNED TO AN ELECTOR OR A BALLOT .11
(5) "O
NE-WAY HASH FUNCTION " MEANS A MATHEMATICAL12
FUNCTION THAT TAKES A VARIABLE-LENGTH INPUT STRING AND CONVERTS13
IT INTO A FIXED-LENGTH TEXT SEQUENCE THAT IS COMPUTATIONALLY14
DIFFICULT TO INVERT. AT A MINIMUM, THE ONE-WAY HASH FUNCTION15
MUST BE A SECURE HASH ALGORITHM TWO HUNDRED FIFTY -SIX ONE-WAY16
CRYPTOGRAPHIC HASH FUNCTION .17
(6) "P
REVIOUS HASH" MEANS A UNIQUE HASH GENERATED BY THE18
ONE-WAY HASH FUNCTION FOR A DISTRIBUTED LEDGER .19
(7) "T
ALLY STATUS REPORT DISTRIBUTED LEDGER " MEANS A20
DISTRIBUTED LEDGER FOR EACH OFFICE , BALLOT ISSUE, OR BALLOT21
QUESTION THAT IS ON THE BALLOT AND THAT IS UPDATED AS VOTES ARE22
COUNTED DURING AN ELECTION WITH ENTRIES THAT INCLUDE :23
(a) W
HEN THE ENTRY IS UPDATED, EXPRESSED IN COORDINATED24
UNIVERSAL TIME;25
(b) T
HE MOST CURRENT VOTE COUNTS FOR THE RELEVANT OFFICE ,26
BALLOT ISSUE, OR BALLOT QUESTION WHEN THE ENTRY IS UPDATED ; AND27
HB23-1170
-4- (c) A PREVIOUS HASH.1
(8) "T
OKEN ASSIGNMENT OBSERVER TEAM " MEANS AT LEAST TWO2
INDIVIDUALS, ONE OF WHOM IS AFFILIATED WITH THE STATE 'S LARGEST3
POLITICAL PARTY AND ONE OF WHOM IS AFFILIATED WITH THE STATE 'S4
SECOND LARGEST POLITICAL PARTY, WHO SHALL ENSURE THAT ELECTORS5
AND TOKEN ASSIGNMENT REGISTRARS COMPLY WITH THE REQUIREMENTS6
OF THIS PART 11.7
(9) "T
OKEN ASSIGNMENT REGISTRAR " MEANS AN INDIVIDUAL WHO8
PERFORMS THE DUTIES ENUMERATED IN SECTIONS 1-7-1103 (2), 1-7-11049
(3),
AND 1-7-1104 (4) WHILE BEING OBSERVED BY A TOKEN ASSIGNMENT10
OBSERVER TEAM. A TOKEN ASSIGNMENT REGISTRAR MAY BE AN ELECTION11
OFFICIAL.12
(10) "T
OKEN ASSIGNMENT STATUS DISTRIBUTED LEDGER " MEANS13
A DISTRIBUTED LEDGER THAT INCLUDES AN ENTRY WITH THE FOLLOWING14
FOR EACH ELECTION TOKEN:15
(a) A
UNIQUE IDENTIFIER FOR THE ENTRY;16
(b) T
HE ELECTION TOKEN;17
(c) T
HE NAME OF THE TOKEN ASSIGNMENT REGISTRAR WHO ISSUED18
THE ELECTION TOKEN;19
(d) T
HE GLOBAL POSITIONING SYSTEM LOCATION , ADDRESS, OR20
PRECINCT WHERE THE TOKEN ASSIGNMENT REGISTRAR ISSUED THE21
ELECTION TOKEN;22
(e) A
PREVIOUS HASH; AND23
(f) I
F THE ELECTOR SO CHOOSES , A SECURE PERSONAL24
IDENTIFICATION NUMBER.25
(11) "U
NIQUE VOTER IDENTIFIER" MEANS THE UNIQUE IDENTIFIER26
ASSIGNED TO EACH LEGALLY REGISTERED VOTER PURSUANT TO SECTION27
HB23-1170
-5- 1-2-301 (1).1
(12) "V
ETTING REGISTRAR" MEANS AN INDIVIDUAL WHO PREFORMS2
THE DUTIES ENUMERATED IN SECTIONS 1-7-1103 (1) AND 1-7-1104 (2)3
WHILE BEING OBSERVED BY A VETTING REGISTRATION OBSERVER TEAM . A4
VETTING REGISTRAR MAY BE AN ELECTION OFFICIAL .5
(13) "V
ETTING REGISTRATION OBSERVER TEAM " MEANS AT LEAST6
TWO INDIVIDUALS, ONE OF WHOM IS AFFILIATED WITH THE STATE 'S7
LARGEST POLITICAL PARTY AND ONE OF WHOM IS AFFILIATED WITH THE8
STATE'S SECOND LARGEST POLITICAL PARTY , WHO SHALL ENSURE THAT9
ELECTORS AND VOTER REGISTRARS COMPLY WITH THE REQUIREMENTS OF10
THIS PART 11.11
(14) "V
OTING ELIGIBILITY STATUS DISTRIBUTED LEDGER " MEANS12
A DISTRIBUTED LEDGER THAT INCLUDES THE FOLLOWING ENTRIES :13
(a) F
OR EACH ELECTOR WHO CASTS A VOTE IN PERSON IN14
ACCORDANCE WITH SECTION 1-7-1103, THE FOLLOWING:15
(I) A
UNIQUE IDENTIFIER FOR THE ENTRY;16
(II) T
HE ELECTOR'S UNIQUE VOTER IDENTIFIER;17
(III) T
HE GLOBAL POSITIONING SYSTEM LOCATION , ADDRESS, OR18
PRECINCT WHERE A RECEIVING JUDGE ASSIGNED THE VOTING REGISTRAR19
TO THE ELECTOR;20
(IV) W
HETHER THE ELECTOR IS AT THE SAME LOCATION AS THE21
VOTING REGISTRAR WHEN THE VOTING REGISTRAR DETERMINES THAT THE22
ELECTOR MAY ENTER THE IMMEDIATE VOTING AREA IN ACCORDANCE WITH23
SECTION 1-7-110;24
(V) T
HE NAME OF THE VOTING REGISTRAR WHO DETERMINES THAT25
THE ELECTOR MAY ENTER THE IMMEDIATE VOTING AREA IN ACCORDANCE26
WITH SECTION 1-7-110;27
HB23-1170
-6- (VI) WHEN THE VOTING REGISTRAR BEGINS TO DETERMINE1
WHETHER THE ELECTOR MAY ENTER THE IMMEDIATE VOTING AREA IN2
ACCORDANCE WITH SECTION 1-7-110, EXPRESSED IN COORDINATED3
UNIVERSAL TIME;4
(VII) W
HEN THE VOTING REGISTRAR DETERMINES THAT THE5
ELECTOR MAY ENTER THE IMMEDIATE VOTING AREA IN ACCORDANCE WITH6
SECTION 1-7-110, EXPRESSED IN COORDINATED UNIVERSAL TIME ;7
(VIII) W
HEN THE TOKEN ASSIGNMENT REGISTRAR ISSUES THE8
ELECTOR AN ELECTION TOKEN, EXPRESSED IN COORDINATED UNIVERSAL9
TIME; AND10
(IX) A
PREVIOUS HASH.11
(b) F
OR EACH ELECTOR WHO CASTS A VOTE BY MAIL IN12
ACCORDANCE WITH SECTION 1-7-1104 THE FOLLOWING:13
(I) A
UNIQUE IDENTIFIER FOR THE ENTRY;14
(II) T
HE ELECTOR'S UNIQUE VOTER IDENTIFIER;15
(III) T
HE GLOBAL POSITIONING SYSTEM LOCATION , ADDRESS, OR16
PRECINCT WHERE AN ELECTION OFFICIAL ASSIGNED THE VOTING17
REGISTRAR TO THE ELECTOR;18
(IV) W
HETHER THE ELECTOR IS AT THE SAME LOCATION AS THE19
VOTING REGISTRAR WHEN THE VOTING REGISTRAR RECEIVES20
CONFIRMATION PURSUANT TO SECTION 1-7-1104 (2)(b) FROM THE21
ELECTOR THAT THE ELECTOR'S BALLOT HAS BEEN RECEIVED;22
(V) T
HE NAME OF THE VOTING REGISTRAR WHO RECEIVES23
CONFIRMATION PURSUANT TO SECTION 1-7-1104 (2)(b) FROM THE24
ELECTOR THAT THE ELECTOR'S BALLOT HAS BEEN RECEIVED;25
(VI) W
HEN THE VETTING REGISTRAR NOTIFIED THE ELECTOR ,26
PURSUANT TO SECTION 1-7-1104 (2)(a), THAT THE ELECTOR'S BALLOT HAS27
HB23-1170
-7- BEEN RECEIVED, EXPRESSED IN COORDINATED UNIVERSAL TIME ;1
(VII) W
HEN THE VETTING REGISTRAR RECEIVES CONFIRMATION2
PURSUANT TO SECTION 1-7-1104 (2)(b) FROM THE ELECTOR THAT THE3
ELECTOR'S BALLOT HAS BEEN RECEIVED , EXPRESSED IN COORDINATED4
UNIVERSAL TIME;5
(VIII) W
HEN THE TOKEN ASSIGNMENT REGISTRAR ASSOCIATES AN6
ELECTION TOKEN WITH THE ELECTOR 'S BALLOT, EXPRESSED IN7
COORDINATED UNIVERSAL TIME ; AND8
(IX) A
PREVIOUS HASH.9
1-7-1103. Election integrity protocol for in-person voting.10
(1) (a) U
PON AN ELECTOR ARRIVING AT A POLLING LOCATION , AN11
ELECTION JUDGE SHALL ASSIGN THAT ELECTOR TO A VETTING12
REGISTRATION OBSERVER TEAM AND A VOTING REGISTRAR . THE ELECTOR'S13
ASSIGNED VETTING REGISTRATION OBSERVER TEAM SHALL ESCORT THE14
ELECTOR TO THE ELECTOR'S ASSIGNED VOTING REGISTRAR.15
(b) T
HE ELECTOR AND THE ELECTOR 'S ASSIGNED VOTING16
REGISTRAR SHALL COMPLY WITH THE REQUIREMENTS OF SECTION 1-7-11017
WHILE BEING OBSERVED BY A VETTING REGISTRATION OBSERVER TEAM .18
(c) U
PON DETERMINING THAT AN ELECTOR MAY ENTER THE19
IMMEDIATE VOTING AREA IN ACCORDANCE WITH SECTION 1-7-110, THE20
VOTING REGISTRAR SHALL, IN THE PRESENCE OF A VETTING REGISTRATION21
OBSERVER TEAM, UPDATE THE VOTER ELIGIBILITY STATUS DISTRIBUTED22
LEDGER TO INCLUDE AN ENTRY WITH THE FOLLOWING :23
(I) A
UNIQUE IDENTIFIER FOR THE ENTRY;24
(II) T
HE ELECTOR'S UNIQUE VOTER IDENTIFIER;25
(III) T
HE GLOBAL POSITIONING SYSTEM LOCATION , ADDRESS, OR26
PRECINCT WHERE A RECEIVING JUDGE ASSIGNED THE VOTING REGISTRAR27
HB23-1170
-8- TO THE ELECTOR;1
(IV) W
HETHER THE ELECTOR IS AT THE SAME LOCATION AS THE2
VOTING REGISTRAR WHEN THE VOTING REGISTRAR DETERMINES THAT THE3
ELECTOR MAY ENTER THE IMMEDIATE VOTING AREA IN ACCORDANCE WITH4
SECTION 1-7-110;5
(V) T
HE NAME OF THE VOTING REGISTRAR WHO DETERMINES THAT6
THE ELECTOR MAY ENTER THE IMMEDIATE VOTING AREA IN ACCORDANCE7
WITH SECTION 1-7-110;8
(VI) W
HEN THE VOTING REGISTRAR BEGINS TO DETERMINE9
WHETHER THE ELECTOR MAY ENTER THE IMMEDIATE VOTING AREA IN10
ACCORDANCE WITH SECTION 1-7-110, EXPRESSED IN COORDINATED11
UNIVERSAL TIME; AND12
(VII) W
HEN THE VOTING REGISTRAR DETERMINES THAT THE13
ELECTOR MAY ENTER THE IMMEDIATE VOTING AREA IN ACCORDANCE WITH14
SECTION 1-7-110, EXPRESSED IN COORDINATED UNIVERSAL TIME .15
(d) A
FTER UPDATING THE VOTER ELIGIBILITY STATUS DISTRIBUTED16
LEDGER, THE VOTING REGISTRAR SHALL ASSIGN THE ELECTOR TO A TOKEN17
ASSIGNMENT OBSERVER TEAM AND A TOKEN ASSIGNMENT REGISTRAR . 18
(2) (a) T
HE ELECTOR'S ASSIGNED TOKEN ASSIGNMENT OBSERVER19
TEAM SHALL ESCORT THE ELECTOR TO THE ASSIGNED TOKEN ASSIGNMENT20
REGISTRAR.21
(b) T
HE ELECTOR'S ASSIGNED TOKEN ASSIGNMENT REGISTRAR22
SHALL ISSUE THE ELECTOR AN ELECTION TOKEN WHILE BEING OBSERVED23
BY THE ELECTOR'S ASSIGNED TOKEN ASSIGNMENT OBSERVER TEAM . THE24
TOKEN ASSIGNMENT OBSERVER TEAM SHALL ENSURE THAT THE TOKEN25
ASSIGNMENT REGISTRAR ISSUES THE ELECTOR AN ELECTION TOKEN IN AN26
ANONYMOUS MANNER .27
HB23-1170
-9- (c) UPON ISSUING AN ELECTOR AN ELECTION TOKEN , WHILE IN THE1
PRESENCE OF THE TOKEN ASSIGNMENT OBSERVER TEAM , THE TOKEN2
ASSIGNMENT REGISTRAR SHALL :3
(I) U
PDATE THE TOKEN ASSIGNMENT STATUS DISTRIBUTED LEDGER4
TO INCLUDE AN ENTRY WITH THE FOLLOWING :5
(A) A
UNIQUE IDENTIFIER FOR THE ENTRY;6
(B) T
HE ELECTION TOKEN THAT THE TOKEN ASSIGNMENT7
REGISTRAR ISSUED TO THE ELECTOR;8
(C) T
HE NAME OF THE TOKEN ASSIGNMENT REGISTRAR WHO9
ISSUED THE ELECTION TOKEN;10
(D) T
HE GLOBAL POSITIONING SYSTEM LOCATION , ADDRESS, OR11
PRECINCT WHERE THE TOKEN ASSIGNMENT REGISTRAR ISSUED THE12
ELECTION TOKEN;13
(E)
A PREVIOUS HASH; AND14
(F) I
F THE ELECTOR SO CHOOSES , A SECURE PERSONAL15
IDENTIFICATION NUMBER; AND16
(II) U
PDATE THE VOTING ELIGIBILITY STATUS DISTRIBUTED17
LEDGER TO INCLUDE:18
(A) W
HEN THE TOKEN ASSIGNMENT REGISTRAR ISSUED THE19
ELECTOR AN ELECTION TOKEN, EXPRESSED IN COORDINATED UNIVERSAL20
TIME; AND21
(B) A
PREVIOUS HASH.22
(d) A
FTER A TOKEN ASSIGNMENT REGISTRAR ISSUES AN ELECTOR23
AN ELECTION TOKEN, THE ELECTOR MAY ENTER THE IMMEDIATE VOTING24
AREA AND COMPLETE THE ELECTOR 'S BALLOT.25
(3) (a) I
F AN ELECTOR IS ISSUED A PAPER BALLOT IN ACCORDANCE26
WITH SECTION 1-7-304, ONCE THE ELECTOR HAS COMPLETED THE27
HB23-1170
-10- ELECTOR'S BALLOT AND IS READY TO VOTE, THE ELECTOR SHALL LEAVE1
THE VOTING BOOTH AND APPROACH A TOKEN ASSIGNMENT REGISTRAR .2
T
HE ELECTOR SHALL, IN FULL VIEW OF A TOKEN ASSIGNMENT OBSERVER3
TEAM AND A TOKEN ASSIGNMENT REGISTRAR , ATTACH THE ELECTOR'S4
ELECTION TOKEN TO THE ELECTOR 'S BALLOT AND DEPOSIT BOTH IN THE5
BALLOT BOX.6
(b) I
F AN ELECTOR CASTS A VOTE WITH ELECTRONIC VOTING7
EQUIPMENT IN ACCORDANCE WITH SECTIONS 1-7-503 (1) AND (2), ONCE8
THE ELECTOR HAS PLACED THE ELECTOR 'S BALLOT IN A PRIVACY9
ENVELOPE, THE ELECTOR SHALL LEAVE THE VOTING BOOTH AND10
APPROACH A TOKEN ASSIGNMENT REGISTRAR . THE ELECTOR SHALL, IN11
FULL VIEW OF A TOKEN ASSIGNMENT OBSERVER TEAM AND A TOKEN12
ASSIGNMENT REGISTRAR, ATTACH THE ELECTOR'S ELECTION TOKEN TO THE13
ELECTOR'S BALLOT, AND DEPOSIT THE BALLOT OR BALLOT CARD WITH THE14
ATTACHED ELECTION TOKEN IN THE BALLOT BOX WITH THE OFFICIAL15
ENDORSEMENT ON THE BALLOT OR BALLOT CARD FACING UPWARD .16
(c) I
F AN ELECTOR CASTS A VOTE IN A MANNER OTHER THAN THOSE17
DESCRIBED IN SUBSECTIONS (3)(a) AND (3)(b) OF THIS SECTION, THE18
COUNTY CLERK AND RECORDER SHALL ENSURE THAT THERE IS A METHOD19
FOR THE ELECTOR TO ATTACH THE ELECTOR 'S ELECTION TOKEN TO THE20
ELECTOR'S BALLOT OR OTHERWISE ASSOCIATE THE ELECTOR 'S TOKEN WITH21
THE ELECTOR'S BALLOT AND FOR AN ELECTRONIC ENTRY CAST VOTE22
RECORD TO BE ADDED TO THE CAST VOTE RECORD DISTRIBUTED LEDGER .23
T
HE ELECTOR SHALL FOLLOW THE METHOD PRESCRIBED BY THE COUNTY24
CLERK AND RECORDER.25
(d) I
F AN ELECTOR IS UNABLE TO ATTACH AN ELECTION TOKEN TO26
A BALLOT OR BALLOT CARD IN ACCORDANCE WITH THIS SUBSECTION (3),27
HB23-1170
-11- A TOKEN ASSIGNMENT REGISTRAR MAY ATTACH THE ELECTION TOKEN TO1
THE BALLOT OR BALLOT CARD FOR THE ELECTOR SO LONG AS THE TOKEN2
ASSIGNMENT REGISTRAR DOES SO IN FULL VIEW OF A TOKEN ASSIGNMENT3
OBSERVER TEAM.4
(4) A
N ELECTION OFFICIAL SHALL ENSURE THAT EVERY ELECTOR5
WHO CASTS A BALLOT IN ACCORDANCE WITH THIS SECTION IS PROVIDED6
WITH A COPY OF THE ELECTOR'S BALLOT AND ELECTION TOKEN BEFORE7
THE ELECTOR LEAVES THE POLLING LOCATION . A VETTING REGISTRATION8
OBSERVER TEAM OR A TOKEN ASSIGNMENT OBSERVER TEAM SHALL9
ENSURE THAT THIS PROCESS MAINTAINS THE ANONYMITY OF THE10
ELECTOR'S BALLOT AND ELECTION TOKEN.11
1-7-1104. Election integrity protocols for mail ballot voting.12
(1) U
PON THE RECEIPT OF A MAIL BALLOT , A RECEIVING JUDGE SHALL13
ASSIGN THE MAIL BALLOT TO A VETTING REGISTRATION OBSERVER TEAM14
AND A VETTING REGISTRAR.15
(2) (a) A
FTER A RECEIVING JUDGE HAS VERIFIED THAT AN16
ELECTOR'S SELF-AFFIRMATION ON THE RETURN ENVELOPE OF A MAIL17
BALLOT IS VALID IN ACCORDANCE WITH SECTION 1-7.5-204, BUT PRIOR TO18
OPENING THE MAIL BALLOT , WHILE IN THE PRESENCE OF A VETTING19
REGISTRATION OBSERVER TEAM , THE VETTING REGISTRAR SHALL NOTIFY20
THE ELECTOR THAT THE ELECTOR'S BALLOT HAS BEEN RECEIVED AND WILL21
ONLY BE COUNTED AFTER THE ELECTOR ACKNOWLEDGES THE MAIL22
BALLOT'S RECEIPT.23
(b) O
NCE THE VETTING REGISTRAR, WHILE IN THE PRESENCE OF24
THE VETTING REGISTRATION OBSERVER TEAM , RECEIVES CONFIRMATION25
FROM THE ELECTOR THAT THE ELECTOR 'S BALLOT HAS BEEN RECEIVED,26
THE VETTING REGISTRAR SHALL SIGN A FORM INDICATING THAT THE27
HB23-1170
-12- ELECTOR CONFIRMED THE RECEIPT OF THE BALLOT AND THAT A TOKEN1
ASSIGNMENT REGISTRAR MAY ASSIGN AN ELECTION TOKEN TO THE2
BALLOT.3
(c) T
HE VETTING REGISTRAR SHALL , IN THE PRESENCE OF A4
VETTING REGISTRATION OBSERVER TEAM , UPDATE THE VOTER ELIGIBILITY5
STATUS DISTRIBUTED LEDGER TO INCLUDE AN ENTRY WITH THE6
FOLLOWING:7
(I) A
UNIQUE IDENTIFIER FOR THE ENTRY;8
(II) T
HE ELECTOR'S UNIQUE VOTER IDENTIFIER;9
(III) T
HE GLOBAL POSITIONING SYSTEM LOCATION , ADDRESS, OR10
PRECINCT OF THE VOTING REGISTRAR WHERE A RECEIVING JUDGE11
ASSIGNED THE VOTING REGISTRAR TO THE ELECTOR ;12
(IV) W
HETHER THE ELECTOR IS AT THE SAME LOCATION AS THE13
VOTING REGISTRAR WHEN THE VOTING REGISTRAR RECEIVES14
CONFIRMATION PURSUANT TO SUBSECTION (2)(b) OF THIS SECTION FROM15
THE ELECTOR THAT THE ELECTOR 'S BALLOT HAS BEEN RECEIVED;16
(V) T
HE NAME OF THE VETTING REGISTRAR WHO RECEIVED17
CONFIRMATION PURSUANT TO SUBSECTION (2)(b) OF THIS SECTION FROM18
THE ELECTOR THAT THE ELECTOR 'S BALLOT HAS BEEN RECEIVED;19
(VI)
WHEN THE VETTING REGISTRAR NOTIFIED THE ELECTOR20
PURSUANT TO SUBSECTION (2)(a) OF THIS SECTION THAT THE ELECTOR'S21
BALLOT HAS BEEN RECEIVED , EXPRESSED IN COORDINATED UNIVERSAL22
TIME; AND23
(VII) W
HEN THE VETTING REGISTRAR RECEIVES CONFIRMATION24
PURSUANT TO SUBSECTION (2)(b) OF THIS SECTION FROM THE ELECTOR25
THAT THE ELECTOR'S BALLOT HAS BEEN RECEIVED , EXPRESSED IN26
COORDINATED UNIVERSAL TIME .27
HB23-1170
-13- (3) AFTER RECEIVING A BALLOT WITH THE SIGNED FORM1
DESCRIBED IN SUBSECTION (2)(b) OF THIS SECTION, A TOKEN ASSIGNMENT2
REGISTRAR SHALL, WHILE IN THE PRESENCE OF A TOKEN ASSIGNMENT3
OBSERVER TEAM, ASSIGN AN ELECTION TOKEN TO THE BALLOT. THE TOKEN4
ASSIGNMENT OBSERVER TEAM SHALL ENSURE THAT THE TOKEN5
ASSIGNMENT REGISTRAR ASSIGNS THE ELECTION TOKEN TO THE BALLOT IN6
AN ANONYMOUS MANNER .7
(4) U
PON ASSIGNING AN ELECTION TOKEN TO A BALLOT , IN THE8
PRESENCE OF A TOKEN ASSIGNMENT OBSERVER TEAM , THE TOKEN9
ASSIGNMENT REGISTRAR SHALL :10
(a) U
PDATE THE TOKEN ASSIGNMENT STATUS DISTRIBUTED LEDGER11
TO INCLUDE AN ENTRY WITH THE FOLLOWING :12
(I) A
UNIQUE IDENTIFIER FOR THE ENTRY;13
(II) T
HE ELECTION TOKEN THAT THE TOKEN ASSIGNMENT14
REGISTRAR ASSIGNED TO THE BALLOT ;15
(III) T
HE NAME OF THE TOKEN ASSIGNMENT REGISTRAR WHO16
ASSIGNED THE ELECTION TOKEN;17
(IV) T
HE GLOBAL POSITIONING SYSTEM LOCATION , ADDRESS, OR18
PRECINCT WHERE THE TOKEN ASSIGNMENT REGISTRAR ASSIGNED THE19
ELECTION TOKEN;20
(V) A
PREVIOUS HASH; AND21
(VI) I
F THE ELECTOR SO CHOOSES , A SECURE PERSONAL22
IDENTIFICATION NUMBER; AND23
(b) U
PDATE THE VOTING ELIGIBILITY STATUS DISTRIBUTED LEDGER24
TO INCLUDE:25
(I) W
HEN THE TOKEN ASSIGNMENT REGISTRAR ASSOCIATES AN26
ELECTION TOKEN WITH THE ELECTOR 'S BALLOT, EXPRESSED IN27
HB23-1170
-14- COORDINATED UNIVERSAL TIME ; AND1
(II) A
PREVIOUS HASH.2
1-7-1105. Election integrity protocol for counting ballots.3
(1) B
EFORE ANY BALLOT IS COUNTED , IT MUST BE VERIFIED, IN THE4
PRESENCE OF A TOKEN ASSIGNMENT OBSERVER TEAM , THAT A UNIQUE5
ELECTION TOKEN IS ATTACHED TO THE BALLOT .6
(2) (a) U
PON THE COUNTING OF A BALLOT, UNLESS THE BALLOT IS7
COUNTED AS PART OF A MANUAL COUNT , A CAST VOTE RECORD OF THE8
BALLOT MUST BE CREATED AND ENTERED INTO THE CAST VOTE RECORD9
DISTRIBUTED LEDGER.10
(b) I
F A MAIL BALLOT IS COUNTED AS A PART OF A MANUAL COUNT ,11
A CAST VOTE RECORD DOES NOT HAVE TO BE CREATED FOR THE MAIL12
BALLOT, BUT THE TALLY STATUS REPORT DISTRIBUTED LEDGER MAY BE13
UPDATED MANUALLY .14
1-7-1106. Vote dissemination. (1) E
VERY COUNTY CLERK AND15
RECORDER SHALL ADOPT A VOTE DISSEMINATION POLICY THAT16
DETERMINES WHEN THE DISTRIBUTED LEDGERS ASSOCIATED WITH AN17
ELECTION WILL BECOME PUBLICLY AVAILABLE .18
(2) T
HE COUNTY CLERK AND RECORDER SHALL ENSURE THAT THE19
TALLY STATUS REPORT DISTRIBUTED LEDGER FOR EACH OFFICE , BALLOT20
ISSUE, OR BALLOT QUESTION THAT IS INDICATED ON A BALLOT IN THE21
COUNTY IS UPDATED AS SOON AND AS OFTEN AS IS PRACTICABLE AND IN22
COMPLIANCE WITH THE VOTE DISSEMINATION POLICY DESCRIBED IN23
SUBSECTION (1) OF THIS SECTION.24
1-7-1107. Applicability. N
OTWITHSTANDING ANY LAW TO THE25
CONTRARY, THIS PART 11 APPLIES IN ALL ELECTIONS IN WHICH NOT ALL26
BALLOTS ARE COUNTED BY HAND .27
HB23-1170
-15- SECTION 2. In Colorado Revised Statutes, 1-7-304, repeal (2)1
as follows:2
1-7-304. Manner of voting in person. (2) Each eligible elector3
who has completed the ballot and is ready to vote shall then leave the4
voting booth and approach the election judges having charge of the ballot5
box. The elector shall, in full view of the election judges, deposit it in the6
ballot box.7
SECTION 3. In Colorado Revised Statutes, 1-7-503, amend (1);8
and repeal (2) and (4) as follows:9
1-7-503. Manner of voting. (1) Each eligible elector, upon10
receiving a ballot, shall immediately proceed unaccompanied to one of11
the voting booths provided. To cast a vote, the eligible elector shall12
clearly fill the oval, connect the arrow, or otherwise appropriately mark13
the name of the candidate or the names of the joint candidates of the14
elector's choice for each office to be filled. In the case of a ballot issue,15
the elector shall clearly fill the oval, connect the arrow, or otherwise16
appropriately mark the appropriate place opposite the answer that the17
elector desires to give. Before leaving the voting booth, the eligible18
elector, without displaying the marks thereon, shall place the ballot in the19
privacy envelope so that the contents of the ballot or ballot card are20
concealed. and shall place the envelope and the ballot or ballot card in the21
ballot box.22
(2) Each eligible elector who has prepared the ballot and is ready23
to vote shall then leave the voting booth and approach the election judges24
having charge of the ballot box. The eligible elector shall give his or her25
name to one of the election judges. The elector shall, in full view of the26
election judges, deposit the ballot or ballot card in the ballot box, with the27
HB23-1170
-16- official endorsement on the ballot or ballot card facing upward.1
(4) Notwithstanding any provision of subsection (1) or (2) of this2
section to the contrary, at a polling location at which a ballot marking3
device, as defined in section 1-5-702 (2.5), is available for accessible4
voting, the election judge in charge of the ballot box shall deposit every5
elector's ballot card in the ballot box.6
SECTION 4. In Colorado Revised Statutes, 1-7.5-107, amend (6)7
as follows:8
1-7.5-107. Procedures for conducting mail ballot election -9
primary elections - first-time voters casting a mail ballot after having10
registered by mail to vote - in-person request for ballot - repeal.11
(6) All deposited ballots shall be counted as provided in this article and12
by rules promulgated by the secretary of state. A mail ballot is valid and13
shall be counted only if it is returned in the return envelope, the14
self-affirmation on the return envelope is signed and completed by the15
eligible elector to whom the ballot was issued,
THE ELIGIBLE ELECTOR16
CONFIRMS THE RECEIPT OF THE MAIL BALLOT IN ACCORDANCE WITH17
SECTION 1-7-1103 (2), and the information on the return envelope is18
verified in accordance with subsection (5) of this section. Mail ballots19
shall be counted in the same manner provided by section 1-7-307 for20
counting paper ballots or section 1-7-507 for counting electronic ballots.21
If the election official determines that an eligible elector to whom a22
replacement ballot has been issued has returned more than one ballot, the23
first ballot received is the accepted ballot. All candidates and issues for24
which the voter is eligible to vote will be counted on the accepted ballot.25
Rejected ballots shall be handled in the same manner as provided in26
sections 1-7.5-204 and 1-7.5-210.27
HB23-1170
-17- SECTION 5. Act subject to petition - effective date. This act1
takes effect June 1, 2024; except that, if a referendum petition is filed2
pursuant to section 1 (3) of article V of the state constitution against this3
act or an item, section, or part of this act within the ninety-day period4
after final adjournment of the general assembly, then the act, item,5
section, or part will not take effect unless approved by the people at the6
general election to be held in November 2024 and, in such case, will take7
effect on the date of the official declaration of the vote thereon by the8
governor.9
HB23-1170
-18-