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Colorado Statutes § 1-2-302 Maintenance of computerized statewide voter registration list - confidentiality

⤴ Up to Article 2: Qualifications and Registration of Electors

Statute Text

(1) The secretary of state shall maintain the master list of registered electors of the entire state on as current a basis as is possible.
(1.5) The maintenance of the computerized statewide voter registration list by the secretary of state pursuant to section 1-2-301 (1) shall be conducted in a manner that ensures that:
(a) The name of each registered elector appears in the computerized statewide voter registration list;
(b) Only the names of voters who are not registered or who are not eligible to vote are removed from the computerized statewide voter registration list; and
(c) Duplicate names are removed from the computerized statewide voter registration list.
(2) The electors on the computerized statewide voter registration list shall be identified by name, place of residence, precinct number, date of birth, Colorado driver's license number, social security number, or other identification number, as such numbers may have been provided by the elector at the time the elector first registered to vote, and the date of registration.
(3) (Deleted by amendment, L. 2009, (HB 09 -1018), ch. 683 , p. 683 , § 3 , effective August 5, 2009.)
(3.5)
(a) The secretary of state shall coordinate the computerized statewide voter registration list with state agency records on death. Upon being furnished with the report provided to him or her by the state registrar of vital statistics pursuant to section 1-2-602 (1) , the secretary of state may electronically cancel the registration of deceased persons.
(b) The secretary of state shall coordinate the computerized statewide voter registration list with state agency records on felony status. Upon being furnished with information from the Colorado integrated criminal justice system that a particular registered elector has been convicted of a felony, the secretary of state may electronically cancel the registration of persons who have been convicted of a felony.
(4) Repealed.
(5)
(a) (Deleted by amendment, L. 97 , p. 476 , § 18 , effective July 1, 1997.)
(b) Repealed.
(6) The secretary of state shall determine and use other necessary means to maintain the master list of registered electors on a current basis. The department of state and the department of revenue shall allow for the exchange of information between the systems used by them to collect information on residence addresses, signatures, and party affiliation for all applicants for driver's licenses or state identification cards. No later than July 31, 2019, the department of state shall regularly provide the department of revenue with current voter registration information. The department of revenue must use the information to determine whether an individual is registered to vote at the time he or she applies to obtain, renew, or update a driver's license or state identification card. The department of state shall reimburse the department of revenue, through a one-time reimbursement, for any initial costs the department of revenue incurs in connection with updating Colorado DRIVES, as defined in section 42-1-102 (16.5), to allow the department of revenue to receive voter registration information and to use such information for the purposes described in this section. The department of revenue may exchange information on residence addresses in the driver's license database with the motor vehicle registration database, motorist insurance database, and the state income tax information systems.
(6.5)
(a) At the earliest practical time, the secretary of state, acting on behalf of the department of state, and the executive director of the department of revenue, as the official responsible for the division of motor vehicles, shall enter into an agreement to match information in the database of the centralized statewide registration system with information in the database of the division of motor vehicles to the extent required to enable each department to verify the accuracy of the information provided on applications for voter registration in conformity with the requirements of section 1-2-301 .
(b) At the earliest practical time, the secretary of state, acting on behalf of the department of state, shall enter into agreements with the executive directors of the department of public health and environment and the department of corrections to access information in the databases of the department of public health and environment and the department of corrections, to the extent required to enable the verification of the accuracy of the information provided on applications for voter registration in conformity with the requirements of section 1-2-301 .
(c) At the earliest practical time, the secretary of state, acting on behalf of the department of state, shall enter into agreements with the executive directors of voter registration agencies as defined in section 1-2-504 (1)(a) and (1)(b) to the extent required to enable the transfer and verification of information for voter registration purposes in accordance with section 1-2-502.5 .
(6.7) The department of revenue shall enter into an agreement with the federal commissioner of social security for the purpose of verifying applicable information in accordance with the requirements of section 303 (a)(5)(B)(ii) of the federal "Help America Vote Act of 2002", 52 U.S.C. sec. 20901 et seq. On or before March 1, 2022, the department of revenue shall provide access to the department of state for verification of a person's name, date of birth, and the last four digits of the person's social security number pursuant to the agreement entered into under this section to allow real-time interactive validation of online voter registration applicants pursuant to section 1-2-202.5 .
(6.8) In accordance with subsections (6) and (6.5) of this section, the secretary of state may forward any information obtained from the division of motor vehicles in the department of revenue or voter registration agencies as defined in section 1-2-504 (1)(a) and (1)(b) to the appropriate county clerk and recorder. If the information meets the minimum matching criteria as specified in sections 1-2-603 and 1-2-604 , the clerk shall then update the elector's voter registration record in the master list of registered electors.
(7) Repealed.
(8) The secretary of state shall provide adequate technological security measures to prevent unauthorized access to the computerized statewide voter registration list. The secretary of state shall also establish adequate and reasonable technological security requirements for the exchange or transfer of data related to voter registration between the secretary of state and any other state agency or voter registration agency as defined in section 1-2-504 (1)(a) and (1)(b) . Before commencing any data exchange or transfer required under this article 2, and no later than the date such exchange or transfer is required by statute to begin, the state agency or voter registration agency shall adhere to the technological security requirements established by the secretary of state under this section. The secretary of state, the department of revenue, the department of public health and environment, the department of corrections, and the clerk and recorders shall not sell, disclose, or otherwise release a social security number, a driver's license or a state-issued identification number, or the unique identification number assigned by the secretary of state to the voter pursuant to section 1-2-204 (2.5) or electronic copies of signatures created, transferred, or maintained pursuant to this section or section 42-1-211 , to any individual other than the elector who created such signature absent such elector's consent; except that nothing in this subsection (8) prohibits the sale, disclosure, or release of an electronic copy of such signature for use by any other public entity in carrying out its functions, or the sale, disclosure, or release of a photocopied or microfilmed image of an elector's signature.

History

Amended by 2021 Ch. 282 , § 4 , eff. 6/21/2021 .

Amended by 2019 Ch. 329 , § 2 , eff. 8/2/2019 .

Amended by 2018 Ch. 262 , § 7 , eff. 5/29/2018 .

Amended by 2017 Ch. 101 , § 27 , eff. 8/9/2017 .

Amended by 2016 Ch. 173 , § 20 , eff. 5/18/2016 .

Amended by 2015 Ch. 147 , § 1 , eff. 8/5/2015 .

Amended by 2013 Ch. 185 , § 19 , eff. 5/10/2013 .

L. 92: Entire article R&RE, p. 662, § 2, effective 1/1/1993 . L. 93: (6) amended, p. 2040, § 2, effective July 1. L. 94: (6) amended, p. 2542, § 9, effective 1/1/1995 . L. 95: IP(1) and (3) amended, p. 180, § 3, effective April 7. L. 97: (1) to (3) and (5)(a) amended and (4), (5)(b), and (7) repealed, pp. 476, 478, §§18, 23, effective July 1. L. 99: (1) amended, p. 759, § 12, effective May 20. L. 2001: (6) amended, p. 518, § 7, effective 1/1/2002 . L. 2002: (6) amended, p. 1626, § 2, effective June 7; (8) added, p. 1864, § 1, effective June 7. L. 2003: (1.5), (3.5), (6.5), and (6.7) added and (2), (3), and (8) amended, p. 2075, § 10, effective May 22. L. 2005: (6.7) amended, p. 759, § 2, effective June 1; (6.5) amended, p. 17, § 1, effective July 1. L. 2009: (6) amended, (HB 09-1160), ch. 1208, p. 1208, § 2, effective May 15; (1) and (3) amended, (HB 09-1018), ch. 683, p. 683, § 3, effective August 5. L. 2013: (6.5) and (8) amended, (HB 13-1303), ch. 696, p. 696, § 19, effective May 10. L. 2015: (6.8) added, (SB 15-060), ch. 444, p. 444, § 1, effective August 5. L. 2016: (6.7) amended, (SB 16-142), ch. 573, p. 573, § 20, effective May 18. L. 2017: (6) and (6.7) amended, (HB 17 -1107), ch. 373 , p. 373 , § 27, effective August 9. L. 2018: (6) amended, (SB 18-233), ch. 262, p. 1606, § 7, effective May 29. L. 2019: (6.5)(c) added and (6.8) and (8) amended, (SB 19-235), ch. 3051, p. 3051, § 2, effective August 2.

Editor's Note

(1) This section is similar to former § 1-2-302 as it existed prior to 1992.
(2) Subsections (4) and (7) were relocated to § 1-2-602 and subsection (5)(b) was relocated to § 1-2-604 in 1997.
(3) Section 85 of chapter 282 (SB 21-250), Session Laws of Colorado 2021, provides that the act changing this section applies to elections conducted on or after June 21, 2021.

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Prior Versions of This Statute