First Regular Session Seventy-fifth General Assembly STATE OF COLORADO REENGROSSED This Version Includes All Amendments Adopted in the House of Introduction LLS NO. 25-0490.02 Nicole Myers x4326 HOUSE BILL 25-1195 House Committees Senate Committees State, Civic, Military, & Veterans Affairs Appropriations A BILL FOR AN ACT C ONCERNING THE ABILITY OF A FIRS T RESPONDER OR THE SPOUSE OF101 A FIRST RESPONDER TO REQUEST THAT THE ADDRESS IN THEIR102 VOTER REGISTRATION RECORDS MAINTAINED BY THE COUNTY103 CLERK AND RECORDER OR THE SECRETARY OF STATE BE KEPT104 CONFIDENTIAL.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 .) Beginning January 1, 2026, an elector or the spouse of an elector who is or has been a peace officer, firefighter, volunteer firefighter, HOUSE 3rd Reading Unamended April 11, 2025 HOUSE Amended 2nd Reading April 7, 2025 HOUSE SPONSORSHIP Johnson and Martinez, Bradfield, Armagost, Bacon, Bird, Boesenecker, Brown, Caldwell, Clifford, Duran, Jackson, Lieder, McCluskie, Phillips, Smith, Titone, Valdez SENATE SPONSORSHIP Mullica and Baisley, 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. emergency medical service provider, or other individual who responds to a public safety emergency (first responder) may request that the address included in the following records concerning the first responder be kept confidential (address confidentiality): ! Voter registration records in the custody of a county clerk and recorder; and ! Voter registration records in the centralized statewide registration system maintained by the secretary of state (secretary). A first responder may request address confidentiality on the electronic voter registration form or record created by the secretary. The secretary is required to ensure that the electronic voter registration form and an elector's voter registration record includes a place for a first responder to indicate that they are a first responder and request address confidentiality. The secretary is also required to ensure that when a first responder indicates on their voter registration form or record that they are requesting address confidentiality, the first responder is automatically directed to an electronic application form that requests certain information to allow the secretary to implement the address confidentiality request. The secretary is required to provide a copy of each completed application to the clerk and recorder of the county where the first responder is registered to vote for the purpose of implementing address confidentiality for the records maintained by the county clerk and recorder. The secretary is prohibited from charging a fee in connection with a first responder's request for address confidentiality. The custodian of any voter registration records that concern a first responder who has requested address confidentiality is required to deny the right of inspection of the first responder's address contained in the records on the ground that disclosure would be contrary to the public interest. A first responder's request for address confidentiality is not a public record subject to public inspection. Be it enacted by the General Assembly of the State of Colorado:1 SECTION 1. In Colorado Revised Statutes, 24-72-204, amend2 (3.5)(a), (3.5)(b), (3.5)(c) introductory portion, and (3.5)(e); and add3 (3.5)(h) as follows:4 24-72-204. Allowance or denial of inspection - grounds -5 1195-2- procedure - appeal - definitions - repeal. (3.5) (a) Effective January 1,1 1992, Any individual who meets the requirements of this subsection (3.5)2 may request that the address of such individual THEIR ADDRESS included3 in any public records concerning that individual which THEM THAT are4 required to be made, maintained, or kept pursuant to the following5 sections SECTIONS 1-2-227, 1-2-301, OR 24-6-202 be kept confidential.6 (I) Sections 1-2-227 and 1-2-301, C.R.S.;7 (II) (Deleted by amendment, L. 2000, p. 1337, ยง 1, effective May8 30, 2000.)9 (III) Section 24-6-202.10 (b) (I) An individual may make the request of confidentiality11 allowed by this subsection (3.5) if such THE individual IS A FIRST12 RESPONDER OR IF THE INDIVIDUAL has reason to believe that such THE13 individual, or any member of such THE individual's immediate family who14 resides in the same household as such THE individual, will be exposed to15 criminal harassment as prohibited in section 18-9-111, C.R.S., or16 otherwise be in danger of bodily harm, if such THE individual's address17 is not kept confidential in accordance with this subsection (3.5).18 (II) A request of confidentiality with respect to records described19 in subparagraph (I) of paragraph (a) of this subsection (3.5) shall be made20 in person in the office of AN INDIVIDUAL MUST MAKE THE REQUEST FOR21 CONFIDENTIALITY ALLOWED BY SUBSECTION (3.5)(a) OF THIS SECTION TO22 the county clerk and recorder of the county where the individual making23 the request resides. Requests shall be made on application forms24 approved by the secretary of state, after consultation with county clerk25 and recorders THE SECRETARY OF STATE SHALL APPROVE THE26 APPLICATION FORM FOR A REQUEST FOR CONFIDENTIALITY. The27 1195 -3- application form shall provide space for the applicant to provide his or1 her THEIR name and address, date of birth, and any other identifying2 information determined by the secretary of state to be necessary to carry3 out the provisions of this subsection (3.5). In addition, an affirmation4 shall MUST be printed on the form, in the area immediately above a line5 for the applicant's signature and the date, stating the following: "I swear6 or affirm, under penalty of perjury, that I have reason to believe that I, or7 a member of my immediate family who resides in my household, will be8 exposed to criminal harassment, or otherwise be in danger of bodily harm,9 if my address is not kept confidential OR THAT I AM OR HAVE BEEN A FIRST10 RESPONDER OR AM OR HAVE BEEN THE SPOUSE OR CIVIL UNION PARTNER11 OF A FIRST RESPONDER AND AM ELIGIBLE TO HAVE MY ADDRESS KEPT12 CONFIDENTIAL PURSUANT TO SECTION 24-72-204 (3.5)." Immediately13 below the signature line, there shall MUST be printed a notice, in a type14 that is larger than the other information contained on the form, that the15 applicant may be prosecuted for perjury in the second degree under16 section 18-8-503 C.R.S., if the applicant signs such THE affirmation and17 does not believe such THE affirmation to be true OR IS NOT OR HAS NOT18 BEEN A FIRST RESPONDER OR THE SPOUSE OR CIVIL UNION PARTNER OF A19 FIRST RESPONDER.20 (III) The county clerk and recorder of each county shall provide21 an opportunity for any individual to make the request of confidentiality22 allowed by this subsection (3.5) in person at the time such individual23 makes application to the county clerk and recorder to register to vote or24 to make any change in such individual's registration, and at any other time25 during normal business hours of the office of the county clerk and26 recorder. The county clerk and recorder shall forward a copy of each27 1195 -4- completed application to the secretary of state for purposes of the records1 maintained by him or her pursuant to subparagraph (I) of paragraph (a)2 of this subsection (3.5). The county clerk and recorder shall collect a3 processing fee in the amount of five dollars of which amount two dollars4 and fifty cents shall be transmitted to the secretary of state for the purpose5 of offsetting the secretary of state's costs of processing applications6 forwarded to the secretary of state pursuant to this subparagraph (III). All7 processing fees received by the secretary of state pursuant to this8 subparagraph (III) shall be transmitted to the state treasurer, who shall9 credit the same to the department of state cash fund EACH COUNTY CLERK10 AND RECORDER SHALL:11 (A) MAKE THE CONFIDENTIALITY REQUEST APPLICATION FORMS12 AVAILABLE IN THEIR OFFICE;13 (B) PROVIDE THE CONFIDENTIALITY REQUEST APPLICATION FORMS14 TO INTERESTED PERSONS BY UNITED STATES MAIL, EMAIL DELIVERY, OR15 FACSIMILE TRANSMISSION, IF REQUESTED;16 (C) PERMIT INDIVIDUALS TO SUBMIT COMPLETED AND SIGNED17 CONFIDENTIALITY REQUEST APPLICATION FORMS BY UNITED STATES MAIL,18 PERSONAL DELIVERY, EMAIL DELIVERY, OR FACSIMILE TRANSMISSION; AND19 (D) PROCESS AN INDIVIDUAL'S REQUEST FOR CONFIDENTIALITY20 PURSUANT TO THIS SUBSECTION (3.5) WITHOUT IMPOSING A PROCESSING21 FEE OR ANY OTHER CHARGE.22 (IV) The secretary of state shall provide an opportunity for any23 individual to make the request of confidentiality allowed by paragraph (a)24 of this subsection (3.5), with respect to the records described in25 subparagraph (III) of paragraph (a) of this subsection (3.5). The secretary26 of state may charge a processing fee, not to exceed five dollars, for each27 1195 -5- such request. All processing fees collected by the secretary of state1 pursuant to this subparagraph (IV) or subparagraph (III) of this paragraph2 (b) shall be transmitted to the state treasurer, who shall credit the same to3 the department of state cash fund.4 (V) Notwithstanding the amount specified for any fee in5 subparagraph (III) or (IV) of this paragraph (b), the secretary of state by6 rule or as otherwise provided by law may reduce the amount of one or7 more of the fees credited to the department of state cash fund if necessary8 pursuant to section 24-75-402 (3), to reduce the uncommitted reserves of9 the fund to which all or any portion of one or more of the fees is credited.10 After the uncommitted reserves of the fund are sufficiently reduced, the11 secretary of state by rule or as otherwise provided by law may increase12 the amount of one or more of the fees as provided in section 24-75-40213 (4).14 (c) The custodian of any records described in subsection (3.5)(a)15 of this section that concern an individual who has made a request of FOR16 confidentiality pursuant to this subsection (3.5) and paid any required17 processing fee shall deny the right of inspection of the individual's18 address contained in such records on the ground that disclosure would be19 contrary to the public interest; except that the custodian shall allow the20 inspection of the records by the individual, by any person authorized in21 writing by that individual, and by any individual employed by one of the22 following entities who makes a request to the custodian to inspect the23 records and who provides evidence satisfactory to the custodian that the24 inspection is reasonably related to the authorized purpose of the25 employing entity:26 (e) No A person shall NOT make any false statement in requesting27 1195 -6- any information pursuant to paragraph (a) or (b) of this subsection (3.5)1 SUBSECTION (3.5)(c) OR (3.5)(d) OF THIS SECTION.2 (h) AS USED IN THIS SUBSECTION (3.5), UNLESS THE CONTEXT3 OTHERWISE REQUIRES, "FIRST RESPONDER" MEANS AN ELECTOR, AS4 DEFINED IN SECTION 1-1-104 (12), WHO IS OR WHO HAS BEEN ONE OF THE5 FOLLOWING:6 (I) A PEACE OFFICER, AS DESCRIBED IN SECTION 16-2.5-101;7 (II) A FIREFIGHTER, AS DEFINED IN SECTION 29-5-203 (10);8 (III) A VOLUNTEER FIREFIGHTER, AS DEFINED IN SECTION9 31-30-1102 (9)(a);10 (IV) AN EMERGENCY MEDICAL SERVICE PROVIDER , AS DEFINED IN11 SECTION 25-3.5-103 (8);12 (V) AN EMERGENCY COMMUNICATIONS SPECIALIST , AS DEFINED IN13 SECTION 29-11-101 (10.5);14 (VI) THE SPOUSE OR CIVIL UNION PARTNER OF AN INDIVIDUAL15 SPECIFIED IN SUBSECTION (3.5)(h)(I), (3.5)(h)(II), (3.5)(h)(III),16 (3.5)(h)(IV), OR (3.5)(h)(V) OF THIS SECTION.17 SECTION 2. Act subject to petition - effective date. This act18 takes effect at 12:01 a.m. on the day following the expiration of the19 ninety-day period after final adjournment of the general assembly; except20 that, if a referendum petition is filed pursuant to section 1 (3) of article V21 of the state constitution against this act or an item, section, or part of this22 act within such period, then the act, item, section, or part will not take23 effect unless approved by the people at the general election to be held in24 November 2026 and, in such case, will take effect on the date of the25 official declaration of the vote thereon by the governor.26 1195 -7-