Second Regular Session Seventy-fourth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 24-0930.01 Pierce Lively x2059 HOUSE BILL 24-1279 House Committees Senate Committees State, Civic, Military, & Veterans Affairs A BILL FOR AN ACT C ONCERNING THE USE OF VOTE TRACKING NUMBERS IN ELECTIONS ,101 AND, IN CONNECTION THEREWITH , ESTABLISHING102 REQUIREMENTS FOR THE CREATION AND USE OF A DISTRIBUTED103 LEDGER, CAST VOTE RECORD , TALLY STATUS REPORT , VOTE104 TRACKING NUMBER ASSIGNMENT , AND VOTER ELIGIBILITY105 STATUS DISTRIBUTED LEDGERS .106 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 HOUSE SPONSORSHIP DeGraaf, 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. shared, synchronized, and publicly accessible. A distributed ledger allows 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 a vote tracking number, which is a unique, randomly assigned, anonymous, text identifier, and updates the token assignment status which causes the vetting registrar to update the voter eligibility status distributed ledgers to reflect the assignment. This vote tracking number is part of the ballot. ! The elector completes the elector's ballot and the vote tracking number is attached to that ballot whether beforehand or at that time; and ! An election official ensures that the elector is provided with a copy of the elector's ballot and the elector's vote tracking number. 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 which contains a unique, randomly assigned, anonymous vote tracking number 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 voter eligibility 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 a vote tracking number, and updates the token assignment status, which causes the vetting registrar to update the 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 vote tracking number 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 including the vote tracking number must be created and entered into the cast vote HB24-1279 -2- 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. The public may also 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 SECTION 1. In Colorado Revised Statutes, add part 11 to article2 7 of title 1 as follows:3 PART 114 VOTE TRANSPARENCY PROTOCOL5 1-7-1101. Short title. T HE SHORT TITLE OF THIS PART 11 IS THE6 "V OTE TRANSPARENCY PROTOCOL ACT".7 1-7-1102. Legislative declaration. (1) T HE GENERAL ASSEMBLY8 FINDS, DETERMINES, AND DECLARES THAT:9 (a) E LECTIONS IN THE UNITED STATES ARE THE MEANS BY WHICH10 PUBLIC OFFICIALS REMAIN ACCOUNTABLE TO THE CITIZENS . IT IS11 PARAMOUNT THAT ELECTIONS ARE AN ACCURATE REPRESENTATION OF THE12 WILL OF THE PEOPLE.13 (b) C OLORADO HAS AN EXTENSIVE ELECTION PROCESS , BUT14 VOTERS NEED ASSURANCE THAT THEIR VOTES ARE COUNTED AND15 RECORDED ACCURATELY . BECAUSE ALL COMPUTERS HAVE THE POTENTIAL16 TO BE HACKED AND THERE IS OPEN ACCESS TO BALLOT BOXES , VOTERS17 ALSO CANNOT BE CERTAIN THAT FAKE BALLOTS ARE NOT NEGATING THEIR18 VOICE. WITH DAILY REMINDERS OF SECURITY BREACHES , VOTERS SHARE19 A WIDESPREAD AND APPROPRIATE DISTRUST OF THE ELECTRONIC20 APPARATUS OF COLORADO'S ELECTION PROCESS.21 (c) I MPROVING COMMUNITY CONFIDENCE IN THE VOTING PROCESS22 BY ENHANCING TRANSPARENCY AND SECURITY WILL INCREASE VOTER23 HB24-1279-3- PARTICIPATION.1 (2) T HE GENERAL ASSEMBLY FURTHER FINDS AND DECLARES THAT :2 (a) E ACH AND EVERY DAY , AMERICANS TRUST ELECTRONIC3 TRANSACTIONS THAT ARE DONE THROUGH THEIR BANKS , CREDIT CARDS,4 AND ONLINE SHOPPING ACCOUNTS . THE ABILITY TO SEE THESE5 TRANSACTIONS THROUGH BANK STATEMENTS , CREDIT CARD STATEMENTS,6 AND ONLINE ACCOUNTS AIDS CONSUMER CONFIDENCE IN THESE7 TRANSACTIONS. THESE STATEMENTS ARE A LEDGER, INCLUDING THE DATE8 AND METHOD, OF EACH CUSTOMER TRANSACTION . CUSTOMERS ARE ALSO9 GIVEN RECEIPTS FOR EACH TRANSACTION TO ALLOW THEM TO VERIFY THAT10 THEIR TRANSACTION WAS PROCESSED CORRECTLY OR TO CHALLENGE A11 TRANSACTION.12 (b) M ETHODS THAT INCREASE CONSUMER CONFIDENCE IN13 CONDUCTING TRANSACTIONS OVER ELECTRONIC PLATFORMS CAN ALSO BE14 APPLIED TO VOTING SYSTEMS BY USING DISTRIBUTED LEDGERS IN15 ELECTIONS, WHEREIN EACH BALLOT IS MARKED WITH A UNIQUE16 IDENTIFYING VOTE TRACKING NUMBER , EACH VOTER IS GIVEN A RECEIPT17 WHICH IS A COPY OF THE VOTER'S COMPLETED BALLOT WITH THAT UNIQUE18 NUMBER, AND THE ELECTION RESULTS ARE PUBLISHED TO A DISTRIBUTED19 PUBLIC VOTE LEDGER AS SOON AS THEY ARE RECEIVED , WHICH ALLOWS A20 VOTER TO KNOW THAT EVERYONE IS LOOKING AT THE SAME LEDGER AND21 THAT THEIR VOTE ON THAT LEDGER IS ACCURATE , WITH THE OPTION TO22 CHALLENGE IT IF NOT;23 (c) V OTER IDENTITY IS NOT IN ANY WAY ASSOCIATED WITH A VOTE24 TRACKING NUMBER;25 (d) V OTE TRACKING NUMBER VOTING IS FLEXIBLE AND SUPPORTS26 THE MODIFICATION OF EXISTING SYSTEMS AND THE INTRODUCTION OF NEW27 HB24-1279 -4- ELECTRONIC SYSTEMS;1 (e) V OTE TRACKING NUMBER VOTING ALLOWS EVERY INDIVIDUAL2 TO COUNT THE VOTE. BY LOOKING AT THE SAME RESULTS SEEN BY EVERY3 OTHER VOTER, AN INDIVIDUAL CAN KNOW THAT THEIR VOTE WAS4 RECORDED ACCURATELY AND THAT EVERY OTHER VOTER CAN VERIFY5 THEIR OWN VOTE. THIS ALLOWS CONFIDENCE IN FINAL VOTE COUNTS TO BE6 REACHED THROUGH CONSENSUS , RATHER THAN THROUGH A RELIANCE ON7 SECRECY.8 (f) V OTE TRACKING NUMBER VOTING ALLOWS UNPRECEDENTED9 AUDIT FIDELITY. INSTEAD OF AUDITING THE PROCESS UTILIZING BATCH10 AUDITS, OR POTENTIALLY STATISTICALLY INVALID "LIMITED RISK AUDITS",11 VOTE TRACKING NUMBER VOTING ALLOWS AN AUDIT OF ONLY THE ACTUAL12 RESULTS BY ANYONE AND EVERYONE . VOTE TRACKING NUMBER BALLOTS13 CAN BE AUDITED BY THE INDIVIDUAL BALLOT TO YIELD THE HIGHEST14 RESOLUTION POSSIBLE, EVEN BEFORE INDIVIDUAL VOTERS RECEIVE A15 VERIFICATION OF THEIR OWN VOTE. NETWORK SECURITY AUDITS, MACHINE16 VULNERABILITY TESTS, AND SYSTEMS COMPLIANCE TESTS , WHICH ARE17 EXPENSIVE AND INEFFECTIVE, BECOME IRRELEVANT WHEN EACH VOTER18 CAN VALIDATE THEIR VOTE AND CAN HAVE CONFIDENCE THAT ALL OTHER19 VOTERS CAN DO THE SAME. IN COLORADO, THE REMOVAL OF THESE NOW20 UNNECESSARY MACHINE -ORIENTED AUDIT REQUIREMENTS .21 1-7-1103. Definitions. A S USED IN THIS PART 11, UNLESS THE22 CONTEXT OTHERWISE REQUIRES :23 (1) "C AST VOTE RECORD" MEANS A RECORD OF THE FOLLOWING24 FOR EACH BALLOT:25 (a) A UNIQUE IDENTIFIER FOR THE CAST VOTE RECORD FOR THE26 BALLOT;27 HB24-1279 -5- (b) A DESCRIPTION OF THE BALLOT TYPE;1 (c) T HE VOTE TRACKING NUMBER ASSOCIATED WITH THE BALLOT2 OR THE ELECTOR WHO CAST THE BALLOT ;3 (d) T HE NAMES OF THE TOKEN ASSIGNMENT REGISTRAR AND4 VETTING REGISTRAR ASSOCIATED WITH THE VOTE TRACKING NUMBER ;5 (e) T HE GLOBAL POSITIONING SYSTEM LOCATION , ADDRESS, OR6 PRECINCT WHERE THE BALLOT WAS COUNTED ;7 (f) W HEN THE BALLOT WAS COUNTED , EXPRESSED IN8 COORDINATED UNIVERSAL TIME ;9 (g) T HE CHOICE FOR EACH OFFICE, BALLOT ISSUE, OR BALLOT10 QUESTION THAT IS INDICATED ON THE BALLOT AND AN INDICATION OF ANY11 OFFICE, BALLOT ISSUE, OR BALLOT QUESTION FOR WHICH AN ELECTOR DID12 NOT MAKE A SELECTION; AND13 (h) A PREVIOUS HASH.14 (2) "C AST VOTE RECORD DISTRIBUTED LEDGER " MEANS A15 DISTRIBUTED LEDGER THAT CONSISTS OF CAST VOTE RECORDS .16 (3) "D ISTRIBUTED LEDGER" MEANS A PERMANENT DATABASE THAT17 IS CONSENSUALLY SHARED AND SYNCHRONIZED ACROSS MULTIPLE18 LOCATIONS AND IS PUBLICLY ACCESSIBLE . EACH RECORD IN A19 DISTRIBUTED LEDGER MUST BE ATTACHED TO THE IMMEDIATELY20 PRECEDING RECORD BY WAY OF A ONE -WAY HASH FUNCTION EXPRESSED21 AS A PREVIOUS HASH. THE GENERAL ASSEMBLY SHALL ENSURE THAT ALL22 DISTRIBUTED LEDGERS ARE PUBLICLY AVAILABLE , EASILY SEARCHABLE,23 ACCURATE, AND SECURE.24 (4) "O NE-WAY HASH FUNCTION " MEANS A MATHEMATICAL25 FUNCTION THAT TAKES A VARIABLE-LENGTH INPUT STRING AND CONVERTS26 IT INTO A FIXED-LENGTH TEXT SEQUENCE THAT IS COMPUTATIONALLY27 HB24-1279 -6- DIFFICULT TO INVERT. AT A MINIMUM, THE ONE-WAY HASH FUNCTION1 MUST BE A SECURE HASH ALGORITHM TWO HUNDRED FIFTY -SIX ONE-WAY2 CRYPTOGRAPHIC HASH FUNCTION .3 (5) "P REVIOUS HASH" MEANS A UNIQUE HASH GENERATED BY THE4 ONE-WAY HASH FUNCTION FOR A DISTRIBUTED LEDGER .5 (6) "T ALLY STATUS REPORT DISTRIBUTED LEDGER " MEANS A6 DISTRIBUTED LEDGER FOR EACH OFFICE , BALLOT ISSUE, OR BALLOT7 QUESTION THAT IS ON THE BALLOT AND THAT IS UPDATED AS VOTES ARE8 COUNTED DURING AN ELECTION WITH ENTRIES THAT INCLUDE :9 (a) W HEN THE ENTRY IS UPDATED, EXPRESSED IN COORDINATED10 UNIVERSAL TIME;11 (b) T HE MOST CURRENT VOTE COUNTS FOR THE RELEVANT OFFICE ,12 BALLOT ISSUE, OR BALLOT QUESTION WHEN THE ENTRY IS UPDATED ; AND13 (c) A PREVIOUS HASH.14 (7) "T OKEN ASSIGNMENT OBSERVER TEAM " MEANS AT LEAST TWO15 INDIVIDUALS, ONE OF WHOM IS AFFILIATED WITH THE STATE 'S LARGEST16 POLITICAL PARTY AND ONE OF WHOM IS AFFILIATED WITH THE STATE 'S17 SECOND LARGEST POLITICAL PARTY, WHO SHALL ENSURE THAT ELECTORS18 AND TOKEN ASSIGNMENT REGISTRARS COMPLY WITH THE REQUIREMENTS19 OF THIS PART 11.20 (8) "T OKEN ASSIGNMENT REGISTRAR " MEANS AN INDIVIDUAL WHO21 PERFORMS THE DUTIES ENUMERATED IN SECTIONS 1-7-1104 AND 1-7-110522 WHILE BEING OBSERVED BY A TOKEN ASSIGNMENT OBSERVER TEAM . A23 TOKEN ASSIGNMENT REGISTRAR MAY BE AN ELECTION OFFICIAL .24 (9) "T OKEN ASSIGNMENT STATUS DISTRIBUTED LEDGER " MEANS A25 DISTRIBUTED LEDGER THAT INCLUDES AN ENTRY WITH THE FOLLOWING26 FOR EACH VOTE TRACKING NUMBER :27 HB24-1279 -7- (a) A UNIQUE IDENTIFIER FOR THE ENTRY;1 (b) T HE VOTE TRACKING NUMBER ;2 (c) T HE NAME OF THE TOKEN ASSIGNMENT REGISTRAR WHO ISSUED3 THE ELECTION TOKEN;4 (d) T HE GLOBAL POSITIONING SYSTEM LOCATION , ADDRESS, OR5 PRECINCT WHERE THE TOKEN ASSIGNMENT REGISTRAR ISSUED THE VOTE6 TRACKING NUMBER;7 (e) A PREVIOUS HASH; AND8 (f) F OR ELECTRONIC BALLOTS , A SECURE PERSONAL9 IDENTIFICATION NUMBER.10 (10) "U NIQUE VOTER IDENTIFIER" MEANS THE UNIQUE IDENTIFIER11 ASSIGNED TO EACH LEGALLY REGISTERED VOTER PURSUANT TO SECTION12 1-2-301 (1).13 (11) "V ETTING REGISTRAR" MEANS AN INDIVIDUAL WHO PERFORMS14 THE DUTIES ENUMERATED IN SECTIONS 1-7-1104 AND 1-7-1105 WHILE15 BEING OBSERVED BY A VETTING REGISTRATION OBSERVER TEAM . A16 VETTING REGISTRAR MAY BE AN ELECTION OFFICIAL .17 (12) "V ETTING REGISTRATION OBSERVER TEAM " MEANS AT LEAST18 TWO INDIVIDUALS, ONE OF WHOM IS AFFILIATED WITH THE STATE 'S19 LARGEST POLITICAL PARTY AND ONE OF WHOM IS AFFILIATED WITH THE20 STATE'S SECOND LARGEST POLITICAL PARTY , WHO SHALL ENSURE THAT21 ELECTORS AND VOTER REGISTRARS COMPLY WITH THE REQUIREMENTS OF22 THIS PART 11.23 (13) "V OTE TRACKING NUMBER" MEANS A UNIQUE, ANONYMOUS24 TEXT IDENTIFIER ASSIGNED TO AN ELECTOR OR A BALLOT .25 (14) "V OTING ELIGIBILITY STATUS DISTRIBUTED LEDGER " MEANS26 A DISTRIBUTED LEDGER THAT INCLUDES THE FOLLOWING ENTRIES :27 HB24-1279 -8- (a) FOR EACH ELECTOR WHO CASTS A VOTE IN PERSON IN1 ACCORDANCE WITH SECTION 1-7-1104, THE FOLLOWING:2 (I) A UNIQUE IDENTIFIER FOR THE ENTRY;3 (II) T HE ELECTOR'S UNIQUE VOTER IDENTIFIER;4 (III) T HE GLOBAL POSITIONING SYSTEM LOCATION , ADDRESS, OR5 PRECINCT WHERE A RECEIVING JUDGE ASSIGNED THE VETTING REGISTRAR6 TO THE ELECTOR;7 (IV) W HETHER THE ELECTOR IS AT THE SAME LOCATION AS THE8 VETTING REGISTRAR WHEN THE VETTING REGISTRAR DETERMINES THAT9 THE ELECTOR MAY ENTER THE IMMEDIATE VOTING AREA IN ACCORDANCE10 WITH SECTION 1-7-110;11 (V) T HE NAME OF THE VETTING REGISTRAR WHO DETERMINES12 THAT THE ELECTOR MAY ENTER THE IMMEDIATE VOTING AREA IN13 ACCORDANCE WITH SECTION 1-7-110;14 (VI) W HEN THE VETTING REGISTRAR BEGINS TO DETERMINE15 WHETHER THE ELECTOR MAY ENTER THE IMMEDIATE VOTING AREA IN16 ACCORDANCE WITH SECTION 1-7-110, EXPRESSED IN COORDINATED17 UNIVERSAL TIME;18 (VII) W HEN THE VETTING REGISTRAR DETERMINES THAT THE19 ELECTOR MAY ENTER THE IMMEDIATE VOTING AREA IN ACCORDANCE WITH20 SECTION 1-7-110, EXPRESSED IN COORDINATED UNIVERSAL TIME ;21 (VIII) W HEN THE TOKEN ASSIGNMENT REGISTRAR ISSUES THE22 ELECTOR A VOTE TRACKING NUMBER , EXPRESSED IN COORDINATED23 UNIVERSAL TIME; AND24 (IX) A PREVIOUS HASH.25 (b) F OR EACH ELECTOR WHO CASTS A VOTE BY MAIL IN26 ACCORDANCE WITH SECTION 1-7-1105, THE FOLLOWING:27 HB24-1279 -9- (I) A UNIQUE IDENTIFIER FOR THE ENTRY;1 (II) T HE ELECTOR'S UNIQUE VOTER IDENTIFIER;2 (III) T HE GLOBAL POSITIONING SYSTEM LOCATION , ADDRESS, OR3 PRECINCT WHERE AN ELECTION OFFICIAL ASSIGNED THE VETTING4 REGISTRAR TO THE ELECTOR;5 (IV) W HETHER THE ELECTOR IS AT THE SAME LOCATION AS THE6 VETTING REGISTRAR WHEN THE V ETTING REGISTRAR RECEIVES7 CONFIRMATION PURSUANT TO SECTION 1-7-1105 (2)(b) FROM THE8 ELECTOR THAT THE ELECTOR'S BALLOT HAS BEEN RECEIVED;9 (V) T HE NAME OF THE VETTING REGISTRAR WHO RECEIVES10 CONFIRMATION PURSUANT TO SECTION 1-7-1105 (2)(b) FROM THE11 ELECTOR THAT THE ELECTOR'S BALLOT HAS BEEN RECEIVED;12 (VI) W HEN THE VETTING REGISTRAR NOTIFIED THE ELECTOR ,13 PURSUANT TO SECTION 1-7-1105 (2)(a), THAT THE ELECTOR'S BALLOT HAS14 BEEN RECEIVED, EXPRESSED IN COORDINATED UNIVERSAL TIME ;15 (VII) W HEN THE VETTING REGISTRAR RECEIVES CONFIRMATION16 PURSUANT TO SECTION 1-7-1105 (2)(b) FROM THE ELECTOR THAT THE17 ELECTOR'S BALLOT HAS BEEN RECEIVED , EXPRESSED IN COORDINATED18 UNIVERSAL TIME;19 (VIII) W HEN THE TOKEN ASSIGNMENT REGISTRAR ASSOCIATES A20 VOTE TRACKING NUMBER WITH THE ELECTOR 'S BALLOT, EXPRESSED IN21 COORDINATED UNIVERSAL TIME ; AND22 (IX) A PREVIOUS HASH.23 1-7-1104. Voting transparency protocol for in-person voting.24 (1) (a) U PON AN ELECTOR ARRIVING AT A POLLING LOCATION , AN25 ELECTION JUDGE SHALL ASSIGN THAT ELECTOR TO A VETTING26 REGISTRATION OBSERVER TEAM AND A VETTING REGISTRAR . THE27 HB24-1279 -10- ELECTOR'S ASSIGNED VETTING REGISTRATION OBSERVER TEAM SHALL1 ESCORT THE ELECTOR TO THE ELECTOR 'S ASSIGNED VETTING REGISTRAR.2 (b) T HE ELECTOR AND THE ELECTOR 'S ASSIGNED VETTING3 REGISTRAR SHALL COMPLY WITH THE REQUIREMENTS OF SECTION 1-7-1104 WHILE BEING OBSERVED BY A VETTING REGISTRATION OBSERVER TEAM .5 (c) U PON DETERMINING THAT AN ELECTOR MAY ENTER THE6 IMMEDIATE VOTING AREA IN ACCORDANCE WITH SECTION 1-7-110, THE7 VETTING REGISTRAR SHALL, IN THE PRESENCE OF A VETTING REGISTRATION8 OBSERVER TEAM, UPDATE THE VOTER ELIGIBILITY STATUS DISTRIBUTED9 LEDGER TO INCLUDE AN ENTRY WITH THE FOLLOWING :10 (I) A UNIQUE IDENTIFIER FOR THE ENTRY;11 (II) T HE ELECTOR'S UNIQUE VOTER IDENTIFIER;12 (III) T HE GLOBAL POSITIONING SYSTEM LOCATION , ADDRESS, OR13 PRECINCT WHERE A RECEIVING JUDGE ASSIGNED THE VETTING REGISTRAR14 TO THE ELECTOR;15 (IV) W HETHER THE ELECTOR IS AT THE SAME LOCATION AS THE16 VETTING REGISTRAR WHEN THE VETTING REGISTRAR DETERMINES THAT17 THE ELECTOR MAY ENTER THE IMMEDIATE VOTING AREA IN ACCORDANCE18 WITH SECTION 1-7-110;19 (V) T HE NAME OF THE VETTING REGISTRAR WHO DETERMINES20 THAT THE ELECTOR MAY ENTER THE IMMEDIATE VOTING AREA IN21 ACCORDANCE WITH SECTION 1-7-110;22 (VI) W HEN THE VETTING REGISTRAR BEGINS TO DETERMINE23 WHETHER THE ELECTOR MAY ENTER THE IMMEDIATE VOTING AREA IN24 ACCORDANCE WITH SECTION 1-7-110, EXPRESSED IN COORDINATED25 UNIVERSAL TIME; AND26 (VII) W HEN THE VETTING REGISTRAR D ETERMINES THAT THE27 HB24-1279 -11- ELECTOR MAY ENTER THE IMMEDIATE VOTING AREA IN ACCORDANCE WITH1 SECTION 1-7-110, EXPRESSED IN COORDINATED UNIVERSAL TIME .2 (d) A FTER UPDATING THE VOTER ELIGIBILITY STATUS DISTRIBUTED3 LEDGER, THE VETTING REGISTRAR SHALL ASSIGN THE ELECTOR TO A TOKEN4 ASSIGNMENT OBSERVER TEAM AND A TOKEN ASSIGNMENT REGISTRAR .5 (2) (a) T HE ELECTOR'S ASSIGNED TOKEN ASSIGNMENT OBSERVER6 TEAM SHALL ESCORT THE ELECTOR TO THE ASSIGNED TOKEN ASSIGNMENT7 REGISTRAR.8 (b) T HE ELECTOR'S ASSIGNED TOKEN ASSIGNMENT REGISTRAR9 SHALL ISSUE THE ELECTOR A VOTE TRACKING NUMBER WHILE BEING10 OBSERVED BY THE ELECTOR'S ASSIGNED TOKEN ASSIGNMENT OBSERVER11 TEAM. THE TOKEN ASSIGNMENT OBSERVER TEAM SHALL ENSURE THAT THE12 TOKEN ASSIGNMENT REGISTRAR ISSUES THE ELECTOR A VOTE TRACKING13 NUMBER IN AN ANONYMOUS MANNER .14 (c) U PON ISSUING AN ELECTOR A VOTE TRACKING NUMBER , WHILE15 IN THE PRESENCE OF THE TOKEN ASSIGNMENT OBSERVER TEAM , THE16 TOKEN ASSIGNMENT REGISTRAR SHALL UPDATE THE TOKEN ASSIGNMENT17 STATUS DISTRIBUTED LEDGER TO INCLUDE AN ENTRY WITH THE18 FOLLOWING:19 (I) A UNIQUE IDENTIFIER FOR THE ENTRY;20 (II) T HE VOTE TRACKING NUMBER THAT THE TOKEN ASSIGNMENT21 REGISTRAR ISSUED TO THE ELECTOR;22 (III) T HE NAME OF THE TOKEN ASSIGNMENT REGISTRAR WHO23 ISSUED THE VOTE TRACKING NUMBER ;24 (IV) T HE GLOBAL POSITIONING SYSTEM LOCATION , ADDRESS, OR25 PRECINCT WHERE THE TOKEN ASSIGNMENT REGISTRAR ISSUED THE VOTE26 TRACKING NUMBER;27 HB24-1279 -12- (V) A PREVIOUS HASH; AND1 (VI) F OR ELECTRONIC BALLOTS , A SECURE PERSONAL2 IDENTIFICATION NUMBER; AND3 (d) U PON THE TOKEN ASSIGNMENT REGISTRAR UPDATING THE4 TOKEN ASSIGNMENT STATUS DISTRIBUTED LEDGER PURSUANT TO5 SUBSECTION (2)(c) OF THIS SECTION, THE VETTING REGISTRAR SHALL6 UPDATE THE VOTING ELIGIBILITY STATUS DISTRIBUTED LEDGER TO7 INCLUDE:8 (I) W HEN THE TOKEN ASSIGNMENT REGISTRAR ISSUED THE9 ELECTOR A VOTE TRACKING NUMBER , EXPRESSED IN COORDINATED10 UNIVERSAL TIME; AND11 (II) A PREVIOUS HASH.12 (e) A FTER A TOKEN ASSIGNMENT REGISTRAR ISSUES AN ELECTOR13 A VOTE TRACKING NUMBER , THE ELECTOR MAY ENTER THE IMMEDIATE14 VOTING AREA AND COMPLETE THE ELECTOR 'S BALLOT.15 (3) (a) I F AN ELECTOR IS ISSUED A PAPER BALLOT IN ACCORDANCE16 WITH SECTION 1-7-304, ONCE THE ELECTOR HAS COMPLETED THE17 ELECTOR'S BALLOT AND IS READY TO VOTE, THE ELECTOR SHALL LEAVE18 THE VOTING BOOTH AND APPROACH A TOKEN ASSIGNMENT REGISTRAR . IF19 THE VOTE TRACKING NUMBER HAS NOT ALREADY BEEN ATTACHED TO THE20 BALLOT, THE ELECTOR SHALL, IN FULL VIEW OF A TOKEN ASSIGNMENT21 OBSERVER TEAM AND A TOKEN ASSIGNMENT REGISTRAR , ATTACH THE22 ELECTOR'S VOTE TRACKING NUMBER TO THE ELECTOR 'S BALLOT AND23 DEPOSIT BOTH IN THE BALLOT BOX.24 (b) I F AN ELECTOR CASTS A VOTE WITH ELECTRONIC VOTING25 EQUIPMENT IN ACCORDANCE WITH SECTION 1-7-503 (1) AND (2), AND A26 VOTE TRACKING NUMBER HAS NOT ALREADY BEEN ATTACHED TO THE27 HB24-1279 -13- BALLOT, ONCE THE ELECTOR HAS PLACED THE ELECTOR 'S BALLOT IN A1 PRIVACY ENVELOPE, THE ELECTOR SHALL LEAVE THE VOTING BOOTH AND2 APPROACH A TOKEN ASSIGNMENT REGISTRAR . THE ELECTOR SHALL, IN3 FULL VIEW OF A TOKEN ASSIGNMENT OBSERVER TEAM AND A TOKEN4 ASSIGNMENT REGISTRAR , ATTACH THE ELECTOR 'S VOTE TRACKING5 NUMBER TO THE ELECTOR'S BALLOT AND DEPOSIT THE BALLOT OR BALLOT6 CARD WITH THE ATTACHED VOTE TRACKING NUMBER IN THE BALLOT BOX7 WITH THE OFFICIAL ENDORSEMENT ON THE BALLOT OR BALLOT CARD8 FACING UPWARD.9 (c) I F AN ELECTOR CASTS A VOTE IN A MANNER OTHER THAN THOSE10 DESCRIBED IN SUBSECTIONS (3)(a) AND (3)(b) OF THIS SECTION, THE11 COUNTY CLERK AND RECORDER SHALL ENSURE THAT THERE IS A METHOD12 FOR THE ELECTOR TO ATTACH THE ELECTOR 'S VOTE TRACKING NUMBER TO13 THE ELECTOR'S BALLOT OR OTHERWISE ASSOCIATE THE ELECTOR 'S TOKEN14 WITH THE ELECTOR'S BALLOT AND FOR AN ELECTRONIC ENTRY CAST VOTE15 RECORD TO BE ADDED TO THE CAST VOTE RECORD DISTRIBUTED LEDGER .16 T HE ELECTOR SHALL FOLLOW THE METHOD PRESCRIBED BY THE COUNTY17 CLERK AND RECORDER.18 (d) I F AN ELECTOR IS UNABLE TO ATTACH A VOTE TRACKING19 NUMBER TO A BALLOT OR BALLOT CARD IN ACCORDANCE WITH THIS20 SUBSECTION (3), A TOKEN ASSIGNMENT REGISTRAR MAY ATTACH THE21 VOTE TRACKING NUMBER TO THE BALLOT OR BALLOT CARD FOR THE22 ELECTOR SO LONG AS THE TOKEN ASSIGNMENT REGISTRAR DOES SO IN23 FULL VIEW OF A TOKEN ASSIGNMENT OBSERVER TEAM .24 (4) A N ELECTION OFFICIAL SHALL ENSURE THAT EVERY ELECTOR25 WHO CASTS A BALLOT IN ACCORDANCE WITH THIS SECTION IS PROVIDED26 WITH A COPY OF THE ELECTOR'S BALLOT AND VOTE TRACKING NUMBER27 HB24-1279 -14- BEFORE THE ELECTOR LEAVES THE POLLING LOCATION . A VETTING1 REGISTRATION OBSERVER TEAM OR A TOKEN ASSIGNMENT OBSERVER2 TEAM SHALL ENSURE THAT THIS PROCESS MAINTAINS THE ANONYMITY OF3 THE ELECTOR'S BALLOT AND VOTE TRACKING NUMBER .4 1-7-1105. Vote transparency protocols for mail ballot voting.5 (1) U PON THE RECEIPT OF A MAIL BALLOT , A RECEIVING JUDGE SHALL6 ASSIGN THE MAIL BALLOT TO A VETTING REGISTRATION OBSERVER TEAM7 AND A VETTING REGISTRAR.8 (2) (a) A FTER A RECEIVING JUDGE HAS VERIFIED THAT AN9 ELECTOR'S SELF-AFFIRMATION ON THE RETURN ENVELOPE OF A MAIL10 BALLOT IS VALID IN ACCORDANCE WITH SECTION 1-7.5-204, BUT PRIOR TO11 OPENING THE MAIL BALLOT , WHILE IN THE PRESENCE OF A VETTING12 REGISTRATION OBSERVER TEAM , THE VETTING REGISTRAR SHALL NOTIFY13 THE ELECTOR THAT THE ELECTOR'S BALLOT HAS BEEN RECEIVED AND WILL14 ONLY BE COUNTED AFTER THE ELECTOR ACKNOWLEDGES THE MAIL15 BALLOT'S RECEIPT.16 (b) O NCE THE VETTING REGISTRAR, WHILE IN THE PRESENCE OF17 THE VETTING REGISTRATION OBSERVER TEAM , UNLESS THE VOTER ROLLS18 HAVE BEEN WIPED COMPLETELY CLEAN PRIOR TO THE ELECTION , RECEIVES19 CONFIRMATION FROM THE ELECTOR THAT THE ELECTOR 'S BALLOT HAS20 BEEN RECEIVED, THE VETTING REGISTRAR SHALL SIGN A FORM INDICATING21 THAT THE ELECTOR CONFIRMED THE RECEIPT OF THE BALLOT AND THAT A22 TOKEN ASSIGNMENT REGISTRAR MAY ASSIGN A VOTE TRACKING NUMBER23 TO THE BALLOT.24 (c) T HE VETTING REGISTRAR SHALL , IN THE PRESENCE OF A25 VETTING REGISTRATION OBSERVER TEAM , UPDATE THE VOTER ELIGIBILITY26 STATUS DISTRIBUTED LEDGER TO INCLUDE AN ENTRY WITH THE27 HB24-1279 -15- FOLLOWING:1 (I) A UNIQUE IDENTIFIER FOR THE ENTRY;2 (II) T HE ELECTOR'S UNIQUE VOTER IDENTIFIER;3 (III) T HE GLOBAL POSITIONING SYSTEM LOCATION , ADDRESS, OR4 PRECINCT OF THE VETTING REGISTRAR WHERE A RECEIVING J UDGE5 ASSIGNED THE VETTING REGISTRAR TO THE ELECTOR ;6 (IV) W HETHER THE ELECTOR IS AT THE SAME LOCATION AS THE7 VETTING REGISTRAR WHEN THE V ETTING REGISTRAR RECEIVES8 CONFIRMATION PURSUANT TO SUBSECTION (2)(b) OF THIS SECTION FROM9 THE ELECTOR THAT THE ELECTOR 'S BALLOT HAS BEEN RECEIVED;10 (V) T HE NAME OF THE VETTING REGISTRAR WHO RECEIVED11 CONFIRMATION PURSUANT TO SUBSECTION (2)(b) OF THIS SECTION FROM12 THE ELECTOR THAT THE ELECTOR 'S BALLOT HAS BEEN RECEIVED;13 (VI) WHEN THE VETTING REGISTRAR NOTIFIED THE ELECTOR14 PURSUANT TO SUBSECTION (2)(a) OF THIS SECTION THAT THE ELECTOR'S15 BALLOT HAS BEEN RECEIVED , EXPRESSED IN COORDINATED UNIVERSAL16 TIME; AND17 (VII) W HEN THE VETTING REGISTRAR RECEIVES CONFIRMATION18 PURSUANT TO SUBSECTION (2)(b) OF THIS SECTION FROM THE ELECTOR19 THAT THE ELECTOR'S BALLOT HAS BEEN RECEIVED , EXPRESSED IN20 COORDINATED UNIVERSAL TIME .21 (3) A FTER RECEIVING A BALLOT WITH THE SIGNED FORM22 DESCRIBED IN SUBSECTION (2)(b) OF THIS SECTION, A TOKEN ASSIGNMENT23 REGISTRAR SHALL, WHILE IN THE PRESENCE OF A TOKEN ASSIGNMENT24 OBSERVER TEAM, ASSIGN A VOTE TRACKING NUMBER TO THE BALLOT IF25 ONE HAS NOT ALREADY BEEN ASSIGNED . THE TOKEN ASSIGNMENT26 OBSERVER TEAM SHALL ENSURE THAT THE TOKEN ASSIGNMENT REGISTRAR27 HB24-1279 -16- ASSIGNS THE VOTE TRACKING NUMBER TO THE BALLOT IN AN ANONYMOUS1 MANNER.2 (4) U PON ASSIGNING A VOTE TRACKING NUMBER TO A BALLOT , IN3 THE PRESENCE OF A TOKEN ASSIGNMENT OBSERVER TEAM , THE TOKEN4 ASSIGNMENT REGISTRAR SHALL UPDATE THE TOKEN ASSIGNMENT STATUS5 DISTRIBUTED LEDGER TO INCLUDE AN ENTRY WITH THE FOLLOWING :6 (a) A UNIQUE IDENTIFIER FOR THE ENTRY;7 (b) T HE VOTE TRACKING NUMBER THAT THE TOKEN ASSIGNMENT8 REGISTRAR ASSIGNED TO THE BALLOT ;9 (c) T HE NAME OF THE TOKEN ASSIGNMENT REGISTRAR WHO10 ASSIGNED THE VOTE TRACKING NUMBER ;11 (d) T HE GLOBAL POSITIONING SYSTEM LOCATION , ADDRESS, OR12 PRECINCT WHERE THE TOKEN ASSIGNMENT REGISTRAR ASSIGNED THE VOTE13 TRACKING NUMBER;14 (e) A PREVIOUS HASH; AND15 (f) I F THE ELECTOR SO CHOOSES , A SECURE PERSONAL16 IDENTIFICATION NUMBER;17 (5) UPON THE TOKEN ASSIGNMENT REGISTRAR UPDATING THE18 TOKEN ASSIGNMENT STATUS DISTRIBUTED LEDGER PURSUANT TO19 SUBSECTION (4) OF THIS SECTION, THE VETTING REGISTRAR SHALL UPDATE20 THE VOTING ELIGIBILITY STATUS DISTRIBUTED LEDGER TO INCLUDE :21 (a) W HEN THE TOKEN ASSIGNMENT REGISTRAR ASSOCIATED A22 VOTE TRACKING NUMBER WITH THE ELECTOR 'S BALLOT, EXPRESSED IN23 COORDINATED UNIVERSAL TIME ; AND24 (b) A PREVIOUS HASH.25 (6) I N ORDER TO ENSURE PROPER VOTER TRANSPARENCY AND26 SECURITY, ALL MAIL BALLOTS MUST HAVE TWO IDENTICAL VOTE27 HB24-1279 -17- TRACKING NUMBERS PRINTED AT THE TOP OF THE BALLOT , ONE ON TOP OF1 THE OTHER, SEPARABLE BY PERFORATION . WHEN FOLDED, THE2 PERMANENT VOTE TRACKING NUMBER MUST BE OBSCURED BY THE3 INCLUSION OF A PATTERN OF RANDOMIZED NUMBERS IN THE SAME FONT4 AND SIZE AS THE VOTE TRACKING NUMBER . ONLY THE VOTE TRACKING5 NUMBER UNDER THE PERFORATION SHOULD BE MAILED WITH THE MAIL6 BALLOT. THE VOTE TRACKING NUMBER ABOVE THE PERFORATION MUST BE7 ABOVE THE SEAL-FOLD OF THE ENVELOPE CONTAINING THE BALLOT TO8 ENSURE REMOVAL SO THAT THE VOTER RETAINS THE VOTE TRACKING9 NUMBER. THE INSIDE OF THE RETURN ENVELOPE MUST BE PRINTED WITH10 A SECURITY PATTERN IN THE SAME COLOR OF INK AS USED ON THE BALLOT11 TO RENDER THE BALLOT UNREADABLE FROM OUTSIDE OF THE ENVELOPE .12 1-7-1106. Vote transparency protocol for counting ballots.13 (1) B EFORE ANY BALLOT IS COUNTED , IT MUST BE VERIFIED, IN THE14 PRESENCE OF A TOKEN ASSIGNMENT OBSERVER TEAM , THAT A UNIQUE15 VOTE TRACKING NUMBER IS ATTACHED TO THE BALLOT .16 (2) (a) U PON THE COUNTING OF A BALLOT, UNLESS THE BALLOT IS17 COUNTED AS PART OF A MANUAL C OUNT , A CAST VOTE RECORD OF THE18 BALLOT MUST BE CREATED AND ENTERED INTO THE CAST VOTE RECORD19 DISTRIBUTED LEDGER.20 (b) I F A MAIL BALLOT IS COUNTED AS A PART OF A MANUAL COUNT ,21 A CAST VOTE RECORD DOES NOT HAVE TO BE CREATED FOR THE MAIL22 BALLOT, AND THE TALLY STATUS REPORT DISTRIBUTED LEDGER MAY BE23 UPDATED MANUALLY .24 1-7-1107. Vote dissemination. (1) E VERY COUNTY CLERK AND25 RECORDER SHALL ADOPT A VOTE DISSEMINATION POLICY THAT26 DETERMINES WHEN THE DISTRIBUTED LEDGERS ASSOCIATED WITH AN27 HB24-1279 -18- ELECTION WILL BECOME PUBLICLY AVAILABLE .1 (2) T HE COUNTY CLERK AND RECORDER SHALL ENSURE THAT THE2 TALLY STATUS REPORT DISTRIBUTED LEDGER FOR EACH OFFICE , BALLOT3 ISSUE, OR BALLOT QUESTION THAT IS INDICATED ON A BALLOT IN THE4 COUNTY IS UPDATED AS SOON AND AS OFTEN AS IS PRACTICABLE AND IN5 COMPLIANCE WITH THE VOTE DISSEMINATION POLICY DESCRIBED IN6 SUBSECTION (1) OF THIS SECTION.7 1-7-1108. Applicability. N OTWITHSTANDING ANY LAW TO THE8 CONTRARY, THIS PART 11 APPLIES IN ALL ELECTIONS IN WHICH NOT ALL9 BALLOTS ARE COUNTED BY HAND AND SUPERSEDES ANY CONFLICTING10 PROVISION OF THIS TITLE 1 OR ANY OTHER LAW THAT GOVERNS THE11 CONDUCT OF ELECTIONS TO WHICH THIS PART 11 APPLIES.12 SECTION 2. In Colorado Revised Statutes, 1-7-304, repeal (2)13 as follows:14 1-7-304. Manner of voting in person. (2) Each eligible elector 15 who has completed the ballot and is ready to vote shall then leave the16 voting booth and approach the election judges having charge of the ballot17 box. The elector shall, in full view of the election judges, deposit it in the18 ballot box.19 SECTION 3. In Colorado Revised Statutes, 1-7-503, amend (1);20 and repeal (2) and (4) as follows:21 1-7-503. Manner of voting. (1) Each eligible elector, upon22 receiving a ballot, shall immediately proceed unaccompanied to one of23 the voting booths provided. To cast a vote, the eligible elector shall24 clearly fill the oval, connect the arrow, or otherwise appropriately mark25 the name of the candidate or the names of the joint candidates of the26 elector's choice for each office to be filled. In the case of a ballot issue,27 HB24-1279 -19- the elector shall clearly fill the oval, connect the arrow, or otherwise1 appropriately mark the appropriate place opposite the answer that the2 elector desires to give. Before leaving the voting booth, the eligible3 elector, without displaying the marks thereon, shall place the ballot in the4 privacy envelope so that the contents of the ballot or ballot card are5 concealed. and shall place the envelope and the ballot or ballot card in the6 ballot box.7 (2) Each eligible elector who has prepared the ballot and is ready8 to vote shall then leave the voting booth and approach the election judges9 having charge of the ballot box. The eligible elector shall give his or her10 name to one of the election judges. The elector shall, in full view of the11 election judges, deposit the ballot or ballot card in the ballot box, with the12 official endorsement on the ballot or ballot card facing upward.13 (4) Notwithstanding any provision of subsection (1) or (2) of this14 section to the contrary, at a polling location at which a ballot marking15 device, as defined in section 1-5-702 (2.5), is available for accessible16 voting, the election judge in charge of the ballot box shall deposit every17 elector's ballot card in the ballot box.18 SECTION 4. In Colorado Revised Statutes, 1-7.5-107, amend (6)19 as follows:20 1-7.5-107. Procedures for conducting mail ballot election -21 primary elections - first-time voters casting a mail ballot after having22 registered by mail to vote - in-person request for ballot - repeal.23 (6) All deposited ballots shall be counted as provided in this article and24 by rules promulgated by the secretary of state. A mail ballot is valid and25 shall be counted only if it is returned in the return envelope, the26 self-affirmation on the return envelope is signed and completed by the27 HB24-1279 -20- eligible elector to whom the ballot was issued, THE ELIGIBLE ELECTOR1 CONFIRMS THE RECEIPT OF THE MAIL BALLOT IN ACCORDANCE WITH2 SECTION 1-7-1104 (2), and the information on the return envelope is3 verified in accordance with subsection (5) of this section. Mail ballots4 shall be counted in the same manner provided by section 1-7-307 for5 counting paper ballots or section 1-7-507 for counting electronic ballots.6 If the election official determines that an eligible elector to whom a7 replacement ballot has been issued has returned more than one ballot, the8 first ballot received is the accepted ballot. All candidates and issues for9 which the voter is eligible to vote will be counted on the accepted ballot.10 Rejected ballots shall be handled in the same manner as provided in11 sections 1-7.5-204 and 1-7.5-210.12 SECTION 5. Safety clause. The general assembly finds,13 determines, and declares that this act is necessary for the immediate14 preservation of the public peace, health, or safety or for appropriations for15 the support and maintenance of the departments of the state and state16 institutions.17 HB24-1279 -21-