First Regular Session Seventy-fifth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 25-0812.02 Pierce Lively x2059 HOUSE BILL 25-1193 House Committees Senate Committees State, Civic, Military, & Veterans Affairs A BILL FOR AN ACT C ONCERNING THE CREATION OF THE "VOTE TRANSPARENCY101 P ROTOCOL ACT".102 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 creates new processes for vote verification, voter verification, and audit transparency. For vote verification, the bill requires ballots to be assigned vote tracking numbers and voters to be assigned voter identifier numbers. Voters are given both of these numbers and the secretary of state (secretary) publishes these numbers on a publicly accessible vetting HOUSE SPONSORSHIP Suckla, 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. transparency ledger and a publicly accessible ballot transparency ledger, respectively. The number of vote tracking numbers on the vetting transparency ledger must equal the number of voter identifier numbers on the ballot transparency ledger. After a ballot is cast, the secretary publishes the information on the ballot on a cast vote transparency ledger along with the corresponding vote tracking number. A voter may challenge the entry on the cast vote transparency ledger associated with their vote tracking number. The secretary shall maintain a challenged vote ledger and shall publish the status to challenges of entries on the cast vote transparency ledger on the challenged vote ledger. For voter verification, the bill requires voters to provide the secretary with the following no less than one month before an election in order to receive a mail ballot for that election: ! The voter's mailing address; ! A copy of the voter's relevant identification; ! Verification that the voter satisfies the necessary qualifications to register as a voter; ! A request to receive a mail ballot; ! Acknowledgment of the penalties for committing fraud in connection with casting a vote; and ! Verification that the voter is a human. A voter can provide this information either on the secretary's website or in connection with the payment of a utility bill. Further, the bill: ! Prohibits the distribution of mail ballots more than 2 weeks before the relevant election; ! Requires the secretary, within 30 days after the effective date of the bill, to withdraw the state from participation in the electronic registration information system; and ! Requires the secretary to annually remove all registration information from the the statewide voter registration system and for that removal to be verified by an entity that is not a state agency. For audit transparency, the bill requires the secretary to generate for every election a number of randomly generated and assigned audit numbers (RAANs) equal to the amount of electors who voted in the previous election plus one percent. The secretary shall enter each RAAN it generates into a RAAN tracking database. The secretary must randomly assign and attach each RAAN to a ballot. After a ballot is cast: ! A voter may keep a copy of the RAAN associated with their ballot; ! The secretary shall enter the first 12 digits of a ballot's RAAN (partial RAAN) in the RAAN tracking database to ensure that the ballot's RAAN was one of the RAANs that the secretary generated for the election; ! The secretary shall scan the ballot; and HB25-1193 -2- ! The secretary shall enter the ballot's partial RAAN, along with the votes cast with that ballot, in a downloadable, searchable, and publicly accessible cast vote record database. After inputting information for a ballot into the cast vote record database, the secretary shall verify that information against the scan of the ballot. An individual can challenge the information in the cast vote record database associated with a partial RAAN by presenting the complete RAAN to the secretary. 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. Definitions. A S USED IN THIS PART 11, UNLESS THE8 CONTEXT OTHERWISE REQUIRES :9 (1) "D ISTRIBUTED LEDGER" MEANS A PERMANENT DATABASE THAT10 IS CONSENSUALLY SHARED AND SYNCHRONIZED ACROSS MULTIPLE11 LOCATIONS. EACH RECORD IN A DISTRIBUTED LEDGER MUST BE ATTACHED12 TO THE IMMEDIATELY PRECEDING RECORD BY WAY OF A ONE -WAY HASH13 FUNCTION EXPRESSED AS A PREVIOUS HASH . THE GENERAL ASSEMBLY14 SHALL ENSURE THAT ALL DISTRIBUTED LEDGERS ARE EASILY SEARCHABLE ,15 ACCURATE, AND SECURE.16 (2) "O NE-WAY HASH FUNCTION " MEANS A MATHEMATICAL17 FUNCTION THAT TAKES A VARIABLE-LENGTH INPUT STRING AND CONVERTS18 IT INTO A FIXED-LENGTH TEXT SEQUENCE THAT IS COMPUTATIONALLY19 DIFFICULT TO INVERT. AT A MINIMUM, THE ONE-WAY HASH FUNCTION20 HB25-1193-3- MUST BE A SECURE HASH ALGORITHM TWO HUNDRED FIFTY -SIX ONE-WAY1 CRYPTOGRAPHIC HASH FUNCTION .2 (3) "P REVIOUS HASH" MEANS A UNIQUE HASH GENERATED BY THE3 ONE-WAY HASH FUNCTION FOR A DISTRIBUTED LEDGER .4 1-7-1103. Vote transparency protocol applicability and5 implementation - rules. (1) N OTWITHSTANDING ANY LAW TO THE6 CONTRARY, THIS PART 11 APPLIES IN ALL ELECTIONS AND SUPERSEDES ANY7 CONFLICTING PROVISION OF THIS TITLE 1 OR ANY OTHER LAW THAT8 GOVERNS THE CONDUCT OF ELECTIONS TO WHICH THIS PART 11 APPLIES.9 (2) T HE SECRETARY OF STATE MAY ADOPT RULES AS NECESSARY10 TO IMPLEMENT THIS PART 11.11 1-7-1104. Vote verification - definitions. (1) (a) E ACH ELECTOR12 WHO CASTS A VOTE IN AN ELECTION MUST BE ASSIGNED AND PROVIDED A13 VOTER IDENTIFIER NUMBER.14 (b) E ACH BALLOT CAST IN AN ELECTION MUST BE ASSIGNED A VOTE15 TRACKING NUMBER, AND THE ELECTOR WHO CAST THAT BALLOT MUST BE16 PROVIDED WITH THAT VOTE TRACKING NUMBER .17 (2) (a) F OR EACH ELECTION, THE SECRETARY OF STATE SHALL18 CREATE A BALLOT TRANSPARENCY LEDGER , CAST VOTE TRANSPARENCY19 LEDGER, AND VETTING TRANSPARENCY LEDGER .20 (b) T HE SECRETARY OF STATE SHALL ENSURE THAT THE TOTAL21 NUMBER OF VOTER IDENTIFIER NUMBERS IN THE BALLOT TRANSPARENCY22 LEDGER IS EQUAL TO THE TOTAL NUMBER OF VOTE TRACKING NUMBERS IN23 THE VETTING TRANSPARENCY LEDGER .24 (3) I F, UPON REVIEWING THE CAST VOTE TRANSPARENCY LEDGER ,25 AN ELIGIBLE ELECTOR WHO CAST A VOTE IN AN ELECTION THAT HAS NOT26 YET HAD ITS RESULT CERTIFIED BELIEVES THAT THEIR VOTE WAS27 HB25-1193 -4- IMPROPERLY RECORDED , THAT ELECTOR MAY PRESENT THEIR VOTE1 TRACKING NUMBER AND VOTER IDENTIFIER NUMBER TO THE SECRETARY2 OF STATE AND REQUEST REVIEW AND CORRECTION OF THEIR VOTE . THE3 SECRETARY OF STATE SHALL RESOLVE A REQUEST MADE PURSUANT TO4 THIS SUBSECTION (3) AS QUICKLY AND TRANSPARENTLY AS POSSIBLE .5 (4) A S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE6 REQUIRES:7 (a) "B ALLOT TRANSPARENCY LEDGER " MEANS A PUBLICLY8 AVAILABLE DISTRIBUTED LEDGER THAT CONSISTS OF THE VOTER9 IDENTIFIER NUMBERS FOR ELECTORS WHO CAST A VOTE IN AN ELECTION .10 (b) "C AST VOTE TRANSPARENCY LEDGER " MEANS A PUBLICLY11 AVAILABLE DISTRIBUTED LEDGER THAT CONSISTS OF THE FOLLOWING FOR12 EACH BALLOT CAST IN AN ELECTION:13 (I) T HE VOTE TRACKING NUMBER ; AND14 (II) T HE INFORMATION CONTAINED WITHIN THE BALLOT .15 (c) "V ETTING TRANSPARENCY LEDGER " MEANS A PUBLICLY16 AVAILABLE DISTRIBUTED LEDGER THAT CONSISTS OF THE VOTE TRACKING17 NUMBERS FOR BALLOTS CAST IN AN ELECTION .18 (d) "V OTER IDENTIFIER NUMBER" MEANS A UNIQUE, ANONYMOUS19 TEXT IDENTIFIER ASSIGNED TO AN ELECTOR WHO CASTS A BALLOT .20 (e) "V OTE TRACKING NUMBER " MEANS A UNIQUE, ANONYMOUS21 TEXT IDENTIFIER ASSIGNED TO A BALLOT.22 1-7-1105. Voter verification. (1) I N ORDER TO RECEIVE A MAIL23 BALLOT PACKET, AS DEFINED IN SECTION 1-7.5-103, FOR AN ELECTION, NO24 EARLIER THAN ONE MONTH BEFORE THAT ELECTION , AN ELECTOR MUST25 PROVIDE THE FOLLOWING TO THE SECRETARY OF STATE :26 (a) T HE ELECTOR'S MAILING ADDRESS;27 HB25-1193 -5- (b) A COPY OF THE VOTER'S IDENTIFICATION AS DEFINED IN1 SECTION 1-1-104 (19.5);2 (c) V ERIFICATION THAT THE VOTER SATISFIES THE NECESSARY3 QUALIFICATIONS TO REGISTER AS A VOTER PURSUANT TO SECTION 1-2-101;4 (d) A REQUEST TO RECEIVE A MAIL BALLOT;5 (e) A N ACKNOWLEDGMENT OF THE PENALTIES FOR COMMITTING6 FRAUD IN CONNECTION WITH CASTING A VOTE ; AND7 (f) I F PROVIDING THE INFORMATION DESCRIBED IN THIS8 SUBSECTION (1) ON THE SECRETARY OF STATE'S WEBSITE, EVIDENCE THAT9 THE ELECTOR IS A HUMAN THROUGH THE COMPLETION OF A "COMPLETELY10 A UTOMATED PUBLIC TURING TEST TO TELL COMPUTERS AND HUMANS11 A PART".12 (2) T HE SECRETARY OF STATE SHALL ENSURE THAN AN ELECTOR13 MAY PROVIDE THE SECRETARY OF STATE WITH THE INFORMATION14 DESCRIBED IN SUBSECTION (1) OF THIS SECTION ON THE SECRETARY OF15 STATE'S WEBSITE OR IN CONNECTION WITH THE PAYMENT OF AN16 ELECTRICITY, GAS, OR WATER BILL.17 (3) M AIL BALLOT PACKETS, AS DEFINED IN SECTION 1-7.5-103,18 SHALL NOT BE DISTRIBUTED FOR AN ELECTION MORE THAN TWO WEEKS19 BEFORE THE DATE OF THAT ELECTION .20 (4) T HE SECRETARY OF STATE SHALL, WITHIN THIRTY DAYS AFTER21 THE EFFECTIVE DATE OF THIS SECTION , WITHDRAW THE STATE FROM22 PARTICIPATION IN THE ELECTRONIC REGISTRATION INFORMATION CENTER .23 (5) (a) T HE SECRETARY OF STATE SHALL ANNUALLY REMOVE ALL24 REGISTRATION INFORMATION FROM THE STATEWIDE VOTER REGISTRATION25 SYSTEM CREATED IN SECTION 1-2-301.26 (b) T HE SECRETARY OF STATE SHALL ENSURE THAT AN ENTITY27 HB25-1193 -6- THAT IS NOT A STATE AGENCY ANNUALLY VERIFIES THAT THE SECRETARY1 OF STATE HAS COMPLIED WITH SUBSECTION (5)(a) OF THIS SECTION.2 1-7-1106. Audit transparency - definitions. (1) (a) B EFORE3 EVERY ELECTION, THE SECRETARY OF STATE SHALL GENERATE A NUMBER4 OF RANDOMLY GENERATED AND ASSIGNED AUDIT NUMBERS EQUAL TO ONE5 HUNDRED ONE PERCENT OF THE NUMBER OF VOTES CAST THE LAST TIME A6 SIMILAR ELECTION WAS HELD.7 (b) T HE SECRETARY OF STATE SHALL ENTER EACH RANDOMLY8 GENERATED AND ASSIGNED AUDIT NUMBER IT CREATES FOR AN ELECTION9 IN A RANDOMLY GENERATED AND ASSIGNED AUDIT NUMBER DATABASE10 FOR THAT ELECTION.11 (c) F OR EACH BALLOT IN AN ELECTION, THE SECRETARY OF STATE12 SHALL RANDOMLY ASSIGN A RANDOMLY GENERATED AND ASSIGNED AUDIT13 NUMBER AND ATTACH THE RANDOMLY GENERATED AND ASSIGNED AUDIT14 NUMBER.15 (2) A FTER A BALLOT IS CAST:16 (a) A VOTER MAY CHOSE TO KEEP A COPY OF THE RANDOMLY17 GENERATED AND ASSIGNED AUDIT NUMBER ASSIGNED TO THE VOTER 'S18 BALLOT; AND19 (b) T HE SECRETARY OF STATE SHALL:20 (I) E NTER THE PARTIAL RANDOMLY GENERATED AND ASSIGNED21 AUDIT NUMBER FOR THE BALLOT IN THE R ANDOMLY GENERATED AND22 ASSIGNED AUDIT NUMBER DATABASE IT CREATED FOR THAT ELECTION TO23 ENSURE THAT THE PARTIAL RANDOMLY GENERATED AND ASSIGNED AUDIT24 NUMBER CORRESPONDS WITH A R ANDOMLY GENERATED AND ASSIGNED25 AUDIT NUMBER THAT THE SECRETARY OF STATE GENERATED FOR THAT26 ELECTION;27 HB25-1193 -7- (II) SCAN THE BALLOT; AND1 (III) E NTER THE BALLOT'S PARTIAL RANDOMLY GENERATED AND2 ASSIGNED AUDIT NUMBER AND THE INFORMATION WITHIN THE BALLOT IN3 A CAST VOTE RECORD DATABASE FOR THE ELECTION .4 (3) T HE SECRETARY OF STATE SHALL VERIFY THE BALLOT SCAN5 CREATED PURSUANT TO SUBSECTION (2)(b)(II) OF THIS SECTION6 CORRESPONDS WITH THE INFORMATION THAT THE SECRETARY OF STATE7 ENTERS IN THE CAST VOTE RECORD DATABASE PURSUANT TO SUBSECTION8 (2)(b)(III) OF THIS SECTION.9 (4) (a) T HE SECRETARY OF STATE SHALL CREATE AN EFFICIENT10 AND TRANSPARENT PROCESS THROUGH WHICH AN INDIVIDUAL MAY11 PRESENT A RANDOMLY GENERATED AND ASSIGNED AUDIT NUMBER AND12 CHALLENGE THE INFORMATION ASSOCIATED WITH THE CORRESPONDING13 PARTIAL RANDOMLY GENERATED AND ASSIGNED AUDIT NUMBER IN THE14 CAST VOTE RECORD DATABASE .15 (b) T HE SECRETARY OF STATE MAY CHARGE AN INDIVIDUAL A16 MAXIMUM OF TWENTY DOLLARS IN CONNECTION WITH THE INITIATING OF17 A CHALLENGE PURSUANT TO SUBSECTION (4)(a) OF THIS SECTION, BUT THE18 SECRETARY OF STATE SHALL REFUND ANY SUCH CHARGED AMOUNT IF THE19 CHALLENGE IS SUCCESSFUL.20 (5) A S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE21 REQUIRES:22 (a) "C AST VOTE RECORD DATABASE " MEANS A PUBLICALLY23 AVAILABLE DISTRIBUTED LEDGER THAT FOR EACH BALLOT CAST IN AN24 ELECTION CONTAINS THE FOLLOWING :25 (I) T HE PARTIAL RANDOMLY GENERATED AND ASSIGNED AUDIT26 NUMBER ASSOCIATED WITH THE BALLOT ; AND27 HB25-1193 -8- (II) THE INFORMATION WITHIN THE BALLOT .1 (b) "P ARTIAL RANDOMLY GENERATED AND ASSIGNED AUDIT2 NUMBER" MEANS THE FIRST TWELVE CHARACTERS OF A RANDOMLY3 GENERATED AND ASSIGNED AUDIT NUMBER .4 (c) "R ANDOMLY GENERATED AND ASSIGNED AUDIT NUMBER "5 MEANS A STRING OF THIRTY-TWO RANDOMLY GENERATED ALPHA -NUMERIC6 CHARACTERS.7 (d) "R ANDOMLY GENERATED AND ASSIGNED AUDIT NUMBER8 TRACKING DATABASE" MEANS A DISTRIBUTED LEDGER THAT INCLUDES THE9 FOLLOWING:10 (I) E ACH RANDOMLY GENERATED AND ASSIGNED AUDIT NUMBER11 GENERATED BY THE SECRETARY OF STATE FOR THE RELEVANT ELECTION ;12 (II) T HE PARTIAL RANDOMLY GENERATED AND ASSIGNED AUDIT13 NUMBER THAT CORRESPONDS TO EACH RANDOMLY GENERATED AND14 ASSIGNED AUDIT NUMBER GENERATED BY THE SECRETARY OF STATE FOR15 THE RELEVANT ELECTION; AND16 (III) W HETHER THE BALLOT ASSOCIATED WITH A RANDOMLY17 GENERATED AND ASSIGNED AUDIT NUMBER WAS CAST IN THE RELEVANT18 ELECTION.19 SECTION 2. Act subject to petition - effective date. This act20 takes effect at 12:01 a.m. on the day following the expiration of the21 ninety-day period after final adjournment of the general assembly; except22 that, if a referendum petition is filed pursuant to section 1 (3) of article V23 of the state constitution against this act or an item, section, or part of this24 act within such period, then the act, item, section, or part will not take25 effect unless approved by the people at the general election to be held in26 HB25-1193 -9- November 2026 and, in such case, will take effect on the date of the1 official declaration of the vote thereon by the governor.2 HB25-1193 -10-