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colorado > Colorado Electoral Code > Qualifications And Registration Of Electors

1-2-302. Maintenance of Computerized Statewide Voter Registration List—Confidentiality


Overview of Statute

The secretary of state is responsible for maintaining the master list of registered voters and the computerized statewide voter registration list. The maintenance of the system must ensure that the name of all registered individuals appears, and only unregistered, ineligible, or duplicate names are removed from the list. The system must identify individuals on the list by name, place of residence, precinct number, date of birth, Colorado driver’s license number, either social security number or an identification number provided at the time of registration, and the date of registration. These records must utilize state agency records concerning death and felony status to assist in the cancellation of voter registration records in the system.

The Department of State must also coordinate with the Department of Revenue to allow for the exchange of information related to residence addresses, signatures, and party affiliation for all applicants for driver’s licenses or state identification cards. 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. At the earliest practical time, executive officials from the secretary of state and the Department of Revenue must enter into an agreement to match data in the computerized voter registration system with data provided by the division of motor vehicles. The matching of information must allow for the verification of information provided on voter registration applications. Similar agreements must also be made between the secretary of state and officials from the Department of Public Health and Environment and the Department of Corrections. The Security of State may forward information received from the Department of Revenue to appropriate county clerk and recorders, who must update voter information when appropriate.

Lastly, the Department of Revenue must enter into an agreement with the federal commissioner of social security to verify applicable information related to the requirements of section 303(a)(5)(B)(ii) of the federal “Help America Vote Act of 2002.” To provide security, except as authorized in the exchange, no state agency involved in an exchange may sell, disclose, or otherwise release a social security number, a driver’s license or state-issued identification number, or electronic copy of a signature to anyone other than the individual elector absent the elector’s consent. However, state agencies may still sell, disclose, or release a photocopied or microfilmed image of an elector’s signature.

Statute

(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. 158, 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. In accordance with the provisions of section 42-1-211, C.R.S., 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. 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.

(6.7) In accordance with the requirements of section 42-1-211 (1.5) (c), C.R.S., 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”, Pub.L. 107-252, codified at 42 U.S.C. sec. 15301 et seq.

(6.8) In accordance with subsection (6) of this section, the secretary of state may forward any information obtained from the division of motor vehicles in the department of revenue 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, 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, C.R.S., 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.

L. 92: Entire article R&RE, p. 662, § 2, effective January 1, 1993.L. 93: (6) amended, p. 2040, § 2, effective July 1.L. 94: (6) amended, p. 2542, § 9, effective January 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 January 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. 263, p. 1208, § 2, effective May 15; (1) and (3) amended, (HB 09-1018), ch. 158, p. 683, § 3, effective August 5.L. 2013: (6.5) and (8) amended, (HB 13-1303), ch. 185, p. 696, § 19, effective May 10.L. 2015: (6.8) added, (SB 15-060), ch. 147, p. 444, § 1, effective August 5.

 

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.

Cross references: In 2013, subsections (6.5) and (8) were amended by the “Voter Access and Modernized Elections Act”. For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013.

Definition [State]

A state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. C.R.S. § 1-8.3-102.

Definition [Person]

Any natural person, partnership, committee, association, corporation, labor organization, political party, or other organization or group of persons. Section 2(11) of article XXVIII of the state constitution.

Definition [Election]

Any election under the “Uniform Election Code of 1992” or the “Colorado Municipal Election Code of 1965”, article 10 of title 31, C.R.S. C.R.S. § 1-7.5-103.

Definition [Secretary]

The Colorado secretary of state. C.R.S. § 1-1.5-102.

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