Credit Agency Voter Address Verification

Second Regular Session Seventy-fifth General Assembly STATE OF COLORADO INTRODUCED HOUSE BILL 26-1104 LLS NO. 26-0328.01 Alison Killen x4350 HOUSE SPONSORSHIP Bradfield, SENATE SPONSORSHIP Simpson, House Committees Senate Committees State, Civic, Military, & Veterans Affairs A BILL FOR AN ACT CONCERNING ESTABLISHING A PROGRAM FOR THIRD-PARTY CREDIT BUREAU VOTER ADDRESS VERIFICATION ADMINISTERED BY THE SECRETARY OF STATE.

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 requires the secretary of state (secretary) to cause to be conducted an annual change of address search of the computerized statewide voter registration list (statewide list) using a third-party credit bureau (credit bureau) to verify voters' address information. All electors in the statewide list are included in the search, except participants in the 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.

state address confidentiality program and electors, including first responders, enrolled as confidential voters. The secretary is allowed to transmit to the credit bureau only electors' names, birth years, and residential addresses. Within 30 days of receipt, the credit bureau must compare this information to its database and identify any discrepancy in address information. Within 30 days of this comparison, the credit bureau must create and transmit to the secretary a list of all electors with a discrepancy in address information, including the address information for each elector from the credit bureau's database. The secretary must then distribute this information to the relevant county clerks and recorders for further verification and possible action, in their discretion and in accordance with existing law. Prior to transmitting any voter registration information, the secretary must retain the credit bureau in accordance with the state "Procurement Code" and enter into an agreement that: ! Acknowledges and complies with the technological security measures previously developed by the secretary to prevent unauthorized access to the computerized statewide voter registration list; ! Acknowledges and complies with the technological security requirements for the exchange or transfer of data related to voter registration between the secretary and any other agency as if the credit bureau is such an agency; ! Prohibits the credit bureau from selling, disclosing, or otherwise releasing the voter registration information transmitted by the secretary. The secretary may establish rules necessary to implement and administer the address verification program.

Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, 1-2-302.5, amend (5); and add (1.5) as follows:

1-2-302.5. Change of address search - rules.

(1.5) (a) EXCEPT AS PROVIDED IN SUBSECTION (1.5)(b) OF THIS SECTION, IN ADDITION TO THE MONTHLY CHANGE OF ADDRESS SEARCH CONDUCTED PURSUANT TO SUBSECTION (1)(a) OF THIS SECTION, ON OR BEFORE JUNE 1, 2027, AND ON OR BEFORE JUNE 1 IN EACH ODD-NUMBERED YEAR THEREAFTER, AND ON OR BEFORE FEBRUARY 1, 2028, AND ON OR BEFORE FEBRUARY 1 IN EACH EVEN-NUMBERED YEAR THEREAFTER, THE SECRETARY OF STATE SHALL CAUSE TO BE CONDUCTED AN ANNUAL CHANGE OF ADDRESS SEARCH FOR ALL ELECTORS WHOSE NAMES APPEAR IN THE STATEWIDE VOTER REGISTRATION LIST BY TRANSMITTING ONLY THE FOLLOWING VOTER REGISTRATION INFORMATION FOR EACH ELECTOR TO A THIRD-PARTY CREDIT BUREAU FOR ADDRESS VERIFICATION IN ACCORDANCE WITH THE REQUIREMENTS OF THIS SUBSECTION (1.5):

(I) FIRST AND LAST NAME;

(II) BIRTH YEAR; AND

(III) RESIDENTIAL ADDRESS.

(b) THE SECRETARY OF STATE SHALL NOT TRANSMIT PURSUANT TO SUBSECTION INFORMATION FOR THE FOLLOWING ELECTORS WHOSE NAMES APPEAR IN THE STATEWIDE VOTER REGISTRATION LIST:

(I) (1.5)(a) OF THIS SECTION THE VOTER REGISTRATION ELECTORS WHO ARE PARTICIPANTS IN THE ADDRESS CONFIDENTIALITY PROGRAM CREATED IN PART 21 OF ARTICLE 30 OF TITLE 24; AND (II) ELECTORS, INCLUDING FIRST RESPONDERS, WHO HAVE ENROLLED AS CONFIDENTIAL VOTERS PURSUANT TO SECTION 24-72-204

(c) PRIOR TO THE TRANSMISSION OF ANY VOTER REGISTRATION INFORMATION PURSUANT TO SUBSECTION (1.5)(a) OF THIS SECTION, THE SECRETARY OF STATE SHALL ENTER INTO AN AGREEMENT WITH THE THIRD-PARTY CREDIT BUREAU IN ACCORDANCE WITH THE STATE "PROCUREMENT CODE", ARTICLES 101 TO 112 OF TITLE 24, AND THAT:

(I) ACKNOWLEDGES AND COMPLIES WITH THE TECHNOLOGICAL SECURITY MEASURES DEVELOPED PURSUANT TO SECTION 1-2-302 (8) TO PREVENT UNAUTHORIZED ACCESS TO THE COMPUTERIZED STATEWIDE VOTER REGISTRATION LIST;

(II) ACKNOWLEDGES AND COMPLIES WITH THE TECHNOLOGICAL SECURITY REQUIREMENTS FOR THE EXCHANGE OR TRANSFER OF DATA RELATED TO VOTER REGISTRATION BETWEEN THE SECRETARY OF STATE AND ANY OTHER AGENCY ESTABLISHED PURSUANT TO SECTION 1-2-302 (8) AS IF THE CREDIT BUREAU IS SUCH AN AGENCY;

(III) PROVIDES THAT, NOT MORE THAN THIRTY DAYS AFTER THE RECEIPT OF THE VOTER REGISTRATION INFORMATION SPECIFIED IN SUBSECTION (1.5)(a) OF THIS SECTION, THE THIRD-PARTY CREDIT BUREAU SHALL COMPARE THE VOTER REGISTRATION INFORMATION TO THE NAME, BIRTH YEAR, AND ADDRESS INFORMATION IN THE THIRD-PARTY CREDIT BUREAU'S DATABASE AND IDENTIFY ANY DISCREPANCY IN THE ADDRESS INFORMATION OF AN ELECTOR;

(IV) PROVIDES THAT, NOT MORE THAN THIRTY DAYS AFTER COMPLETING THE COMPARISON REQUIRED BY SUBSECTION (1.5)(c)(III) OF THIS SECTION, THE THIRD-PARTY CREDIT BUREAU SHALL CREATE AND TRANSMIT TO THE SECRETARY OF STATE A LIST OF ALL ELECTORS WITH A DISCREPANCY IN THEIR ADDRESS INFORMATION, INCLUDING THE ADDRESS INFORMATION FOR EACH ELECTOR FROM THE THIRD-PARTY CREDIT BUREAU'S DATABASE; AND

(V) PROHIBITS THE THIRD-PARTY CREDIT BUREAU FROM SELLING, DISCLOSING, OR OTHERWISE RELEASING THE VOTER REGISTRATION INFORMATION TRANSMITTED FROM THE SECRETARY OF STATE TO THE THIRD-PARTY CREDIT BUREAU.

(d) THE SECRETARY OF STATE SHALL TRANSMIT ANNUALLY TO THE APPROPRIATE COUNTY CLERK AND RECORDER THE DATA OBTAINED FROM THE SEARCH CONDUCTED UNDER THIS SUBSECTION (1.5) FOR THE PURPOSE OF IDENTIFYING POTENTIAL DISCREPANCIES IN ELECTOR ADDRESS INFORMATION. SUCH DATA SHALL NOT CONSTITUTE DETERMINATIVE PROOF OF AN ELECTOR'S ADDRESS OR REQUIRE A COUNTY CLERK AND RECORDER TO CHANGE TO AN ELECTOR'S VOTER REGISTRATION INFORMATION.

(e) EACH COUNTY CLERK AND RECORDER SHALL REVIEW THE DATA TRANSMITTED PURSUANT TO SUBSECTION (1.5)(d) OF THIS SECTION AND TAKE SUCH ACTION AS IS NECESSARY, IN THEIR DISCRETION, TO RESOLVE IN ACCORDANCE WITH EXISTING LAW, ANY DISCREPANCIES IN ELECTOR ADDRESS INFORMATION THAT ARE PRESENTED BY THE DATA. THIS SUBSECTION (1.5) DOES NOT CREATE ANY NEW DUTY, OBLIGATION, OR RESPONSIBILITY FOR A COUNTY CLERK AND RECORDER BEYOND THOSE OTHERWISE PROVIDED BY LAW.

(f) THE SECRETARY OF STATE MAY ESTABLISH RULES NECESSARY TO IMPLEMENT AND ADMINISTER THIS SUBSECTION (1.5).

(g) NOTHING IN THIS SUBSECTION (1.5) SHALL BE CONSTRUED TO ALTER, SUPERSEDE, OR OTHERWISE AFFECT COMPLIANCE WITH THE FEDERAL "NATIONAL VOTER REGISTRATION ACT OF 1993", 52 U.S.C. SEC.

20501 ET SEQ., OR VOTER REGISTRATION RECORD MAINTENANCE PROCEDURES OTHERWISE REQUIRED BY THIS TITLE 1 OR FEDERAL LAW.

(5) In addition to the search SEARCHES conducted by the secretary of state pursuant to subsection SUBSECTIONS (1) AND (1.5) of this section, a county clerk and recorder may conduct a national change of address search using the national change of address database administered by the United States postal service as frequently as he or she THE COUNTY CLERK AND RECORDER sees fit.

SECTION 2. Act subject to petition - effective date. This act takes effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly (August 12, 2026, if adjournment sine die is on May 13, 2026); except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part will not take effect unless approved by the people at the general election to be held in November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.