1 | 1 | | First Regular Session |
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2 | 2 | | Seventy-fifth General Assembly |
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3 | 3 | | STATE OF COLORADO |
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4 | 4 | | INTRODUCED |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | LLS NO. 25-0711.01 Nicole Myers x4326 |
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8 | 8 | | HOUSE BILL 25-1143 |
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9 | 9 | | House Committees Senate Committees |
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10 | 10 | | State, Civic, Military, & Veterans Affairs |
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11 | 11 | | A BILL FOR AN ACT |
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12 | 12 | | C |
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13 | 13 | | ONCERNING A REQUIREMENT THAT ANY VOTING SYSTEM USED IN AN101 |
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14 | 14 | | ELECTION IN THE STATE INCORPORATE OPEN -SOURCE102 |
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15 | 15 | | SOFTWARE.103 |
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16 | 16 | | Bill Summary |
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17 | 17 | | (Note: This summary applies to this bill as introduced and does |
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18 | 18 | | not reflect any amendments that may be subsequently adopted. If this bill |
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19 | 19 | | passes third reading in the house of introduction, a bill summary that |
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20 | 20 | | applies to the reengrossed version of this bill will be available at |
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21 | 21 | | http://leg.colorado.gov |
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22 | 22 | | .) |
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23 | 23 | | Beginning January 1, 2027, the bill requires any voting system |
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24 | 24 | | used in an election in the state to use open-source software that allows a |
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25 | 25 | | voting system provider to incorporate end-to-end verifiability into its |
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26 | 26 | | voting systems. The secretary of state is required to adopt rules to |
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27 | 27 | | establish minimum standards for the certification and oversight of any |
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28 | 28 | | HOUSE SPONSORSHIP |
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29 | 29 | | Brooks, |
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30 | 30 | | SENATE SPONSORSHIP |
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31 | 31 | | (None), |
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32 | 32 | | Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. |
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33 | 33 | | Capital letters or bold & italic numbers indicate new material to be added to existing law. |
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34 | 34 | | Dashes through the words or numbers indicate deletions from existing law. open-source software used in a voting system, and each county is required |
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35 | 35 | | to ensure that open-source software is incorporated into its voting system |
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36 | 36 | | within the county's existing resources. Beginning in January 2028, and in |
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37 | 37 | | January every year thereafter, the secretary of state is required to include |
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38 | 38 | | information regarding the incorporation of open-source software in voting |
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39 | 39 | | systems as part of the secretary's presentation at a "SMART Act" hearing. |
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40 | 40 | | Be it enacted by the General Assembly of the State of Colorado:1 |
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41 | 41 | | SECTION 1. Short title. The short title of this act is the2 |
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42 | 42 | | "Election Integrity Enhancement Act".3 |
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43 | 43 | | SECTION 2. In Colorado Revised Statutes, add 1-5-603.5 as4 |
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44 | 44 | | follows:5 |
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45 | 45 | | 1-5-603.5. Open-source software - voting systems - report -6 |
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46 | 46 | | definition. (1) A |
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47 | 47 | | S USED IN THIS SECTION, UNLESS THE CONTEXT7 |
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48 | 48 | | OTHERWISE REQUIRES, "OPEN-SOURCE SOFTWARE" MEANS SOFTWARE FOR8 |
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49 | 49 | | WHICH THE SOURCE CODE IS PUBLICLY ACCESSIBLE FOR REVIEW SO THAT9 |
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50 | 50 | | ANYONE CAN INSPECT, BUT NOT MODIFY, THE CODE TO VERIFY THAT IT IS10 |
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51 | 51 | | WORKING AS DESIGNED, IMPLEMENTED, AND EXPECTED.11 |
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52 | 52 | | (2) B |
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53 | 53 | | EGINNING JANUARY 1, 2027, ANY VOTING SYSTEM USED IN AN12 |
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54 | 54 | | ELECTION IN THE STATE PURSUANT TO THIS PART 6 MUST USE13 |
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55 | 55 | | OPEN-SOURCE SOFTWARE THAT ALLOWS A VOTING SYSTEM PROVIDER TO14 |
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56 | 56 | | INCORPORATE END-TO-END VERIFIABILITY INTO ITS VOTING SYSTEMS BY15 |
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57 | 57 | | ENSURING THAT THE PUBLIC CAN ACCESS THE SOFTWARE 'S SOURCE CODE16 |
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58 | 58 | | FOR REVIEW, INDEPENDENT SECURITY AUDITS, AND ACCOUNTABILITY.17 |
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59 | 59 | | (3) T |
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60 | 60 | | HE SECRETARY OF STATE SHALL ADOPT RULES IN18 |
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61 | 61 | | ACCORDANCE WITH ARTICLE 4 OF TITLE 24 TO ESTABLISH MINIMUM19 |
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62 | 62 | | STANDARDS FOR THE CERTIFICATION AND OVERSIGHT OF ANY20 |
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63 | 63 | | OPEN-SOURCE SOFTWARE USED IN A VOTING SYSTEM , INCLUDING21 |
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64 | 64 | | REQUIREMENTS FOR LOGGING AND PUBLICIZING UPDATES AND22 |
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65 | 65 | | HB25-1143-2- MODIFICATIONS TO THE OPEN-SOURCE SOFTWARE.1 |
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66 | 66 | | (4) E |
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67 | 67 | | ACH COUNTY SHALL, WITHIN EXISTING RESOURCES, ENSURE2 |
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68 | 68 | | THAT OPEN-SOURCE SOFTWARE IS INCORPORATED INTO ITS VOTING SYSTEM3 |
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69 | 69 | | AS REQUIRED IN THIS SECTION AND SHALL NEGOTIATE WITH ITS CURRENT4 |
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70 | 70 | | VOTING SYSTEM PROVIDER OR SOLICIT COMPETITIVE BIDS FOR5 |
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71 | 71 | | COST-EFFECTIVE COMPLIANCE WITH THE REQUIREMENTS OF THIS SECTION .6 |
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72 | 72 | | (5) B |
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73 | 73 | | EGINNING IN JANUARY 2028, AND IN JANUARY EVERY YEAR7 |
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74 | 74 | | THEREAFTER, THE SECRETARY OF STATE SHALL INCLUDE, AS PART OF THE8 |
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75 | 75 | | SECRETARY'S PRESENTATION DURING A "SMART ACT" HEARING HELD9 |
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76 | 76 | | PURSUANT TO SECTION 2-7-203, INFORMATION CONCERNING THE10 |
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77 | 77 | | IMPLEMENTATION OF THE REQUIREMENTS OF THIS SECTION , INCLUDING11 |
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78 | 78 | | ANY CHALLENGES AND BENEFITS IN CONNECTION WITH THE12 |
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79 | 79 | | REQUIREMENTS OF THIS SECTION.13 |
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80 | 80 | | SECTION 3. Act subject to petition - effective date. This act14 |
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81 | 81 | | takes effect at 12:01 a.m. on the day following the expiration of the15 |
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82 | 82 | | ninety-day period after final adjournment of the general assembly; except16 |
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83 | 83 | | that, if a referendum petition is filed pursuant to section 1 (3) of article V17 |
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84 | 84 | | of the state constitution against this act or an item, section, or part of this18 |
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85 | 85 | | act within such period, then the act, item, section, or part will not take19 |
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86 | 86 | | effect unless approved by the people at the general election to be held in20 |
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87 | 87 | | November 2026 and, in such case, will take effect on the date of the21 |
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88 | 88 | | official declaration of the vote thereon by the governor.22 |
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89 | 89 | | HB25-1143 |
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90 | 90 | | -3- |
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