Re: CORRECTION: SB08-040 ...

On 1/18/08, Margit Johansson <margitjo@xxxxxxxxx> wrote:

Hi All,

Gordon's bill "Concerning Online Voter Registration" is scheduled to come up before the Senate St, Vet and Milt Affairs Committee Monday, Jan 21st, at 1:30PM. It's "concerning" me. I've asked some security experts to comment on it, and hope to hear back before Monday; I'm assuming online registration to be insecure, posing risks of identity theft and fraud.

Comments?

Margit

Margit Johansson

303-442-1668/ margitjo@xxxxxxxxx

Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.

Capital letters indicate new material to be added to existing statute.

Dashes through the words indicate deletions from existing statute.

Second Regular Session

Sixty-sixth General Assembly

STATE OF COLORADO

INTRODUCED

LLS NO. 08-0334.01 John Hershey
SENATE BILL 08-040
Senate Committees House Committees

State, Veterans & Military Affairs

A BILL FOR AN ACT

101
CONCERNING ONLINE VOTER REGISTRATION.
Bill Summary

(Note: This summary applies to this bill as introduced and does

not necessarily reflect any amendments that may be subsequently

adopted.)

Allows a person who is qualified to vote to register to vote by

completing an electronic application on the official web site of the

secretary of state if the person's signature is stored in digital form in one

of the databases used by the department of revenue (the databases),

including:

!
The state titling and registration system;
!
The driver's license database;
!
The motor vehicle registration database;
!
The motorist insurance database; and
SENATE SPONSORSHIP

Gordon,

HOUSE SPONSORSHIP

(None),

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SB08-040
!
The state income tax information systems.
Directs the secretary of state to make available on the secretary's official

web site by a specified date an electronic voter registration form that

includes:

!
Questions on the person's identifying information and
eligibility to register to vote, with places for the person to

input information and answers;

!
A place for the person to input additional information
necessary to find the person's signature in the databases and

to assent to the use of the signature for voter registration

purposes; and

!
A self-affirmation that the person is qualified to register to
vote and that the information entered on the electronic

application is true.

When a person completes the electronic registration form, directs the

secretary of state to search for the person's signature in the databases, and

add the person to the statewide voter registration list if the signature is

found.

Makes a conforming amendment.

1
Be it enacted by the General Assembly of the State of Colorado:
2
SECTION 1. Part 2 of article 2 of title 1, Colorado Revised
3 Statutes, is amended BY THE ADDITION OF A NEW SECTION to

4 read:

5
1-2-202.5. Online voter registration. (1) AN ELECTOR MAY
6
REGISTER TO VOTE BY COMPLETING AN ELECTRONIC APPLICATION ON THE
7
OFFICIAL WEB SITE OF THE SECRETARY OF STATE IF THE ELECTOR' S
8
SIGNATURE IS STORED IN DIGITAL FORM IN THE DATABASE SYSTEMS USED
9
BY THE DEPARTMENT OF REVENUE AS DESCRIBED IN SECTION 42-1-211
10 (1.5) (b), C.R.S.

11 (2) N
O LATER THAN JANUARY 1, 2009, THE SECRETARY OF STATE
12
SHALL MAKE AVAILABLE ON THE SECRETARY'S OFFICIAL WEB SITE AN
13
ELECTRONIC VOTER REGISTRATION APPLICATION THAT INCLUDES:
14 (a) (I) T
HE QUESTIONS, "ARE YOU A CITIZEN OF THE UNITED
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SB08-040
1 S
TATES OF AMERICA?", "W ILL YOU BE AT LEAST EIGHTEEN YEARS OF AGE
2
ON ELECTION DAY?", AND "HAVE YOU RESIDED IN COLORADO AND IN THE
3
PRECINCT IN WHICH YOU INTEND TO REGISTER FOR AT LEAST THIRTY DAYS
4
IMMEDIATELY PRIOR TO THE ELECTION?" AND PLACES FOR THE ELECTOR
5
TO INPUT ANSWERS TO THE QUESTIONS;
6 (II) T
HE STATEMENT, "IF YOU CHECKED 'NO' IN RESPONSE TO
7
EITHER OF THESE QUESTIONS, DO NOT COMPLETE THIS APPLICATION .";
8 (b) T
HE QUESTIONS SPECIFIED IN SECTION 1-2-204 (1) AND (2)
9
WITH PLACES FOR THE ELECTOR TO INPUT INFORMATION IN RESPONSE TO
10
THE QUESTIONS;
11 (c) A
PLACE FOR THE ELECTOR TO INPUT ADDITIONAL
12
INFORMATION, AS DETERMINED BY THE SECRETARY OF STATE , NECESSARY
13
TO LOCATE THE ELECTOR'S SIGNATURE IN THE DATABASES USED BY THE
14
DEPARTMENT OF REVENUE AND A PLACE FOR THE ELECTOR TO ASSENT TO
15
THE USE OF THE SIGNATURE FOR VOTER REGISTRATION PURPOSES; AND
16 (d) A
SELF-AFFIRMATION THAT THE ELECTOR IS QUALIFIED TO
17
REGISTER AND THAT THE INFORMATION ENTERED BY THE ELECTOR ON THE
18
ELECTRONIC APPLICATION IS TRUE.
19 (3) A
N ELECTOR'S ASSENT ON THE ELECTRONIC APPLICATION TO
20
THE USE OF HIS OR HER SIGNATURE FOR VOTER REGISTRATION PURPOSES
21
MEETS THE SIGNATURE REQUIREMENT OF SECTION 1-2-201 (2).
22 (4) W
HEN AN ELECTOR COMPLETES AN ELECTRONIC APPLICATION
23
IN ACCORDANCE WITH SUBSECTION (2) OF THIS SECTION AND IS QUALIFIED
24
TO REGISTER BASED ON THE INFORMATION PROVIDED IN THE APPLICATION,
25
THE SECRETARY OF STATE SHALL SEARCH FOR THE ELECTOR'S SIGNATURE
26
IN THE SYSTEMS USED BY THE DEPARTMENT OF REVENUE AS AUTHORIZED
27
BY SECTION 1-2-302 (6). IF THE SIGNATURE IS FOUND , THE SECRETARY OF
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SB08-040
1
STATE SHALL ADD THE ELECTOR TO THE STATEWIDE VOTER REGISTRATION
2
LIST MAINTAINED BY THE SECRETARY PURSUANT TO SECTION 1-2-301 (1).
3 (5) T
HE SECRETARY OF STATE SHALL NOTIFY AN ELECTOR WHO
4
COMPLETES AN ELECTRONIC APPLICATION IN ACCORDANCE WITH
5
SUBSECTION (2) OF THIS SECTION WHETHER THE ELECTOR SUCCESSFULLY
6
REGISTERED TO VOTE.
7
SECTION 2. 42-1-211 (1.5) (a), Colorado Revised Statutes, is
8 amended to read:

9
42-1-211. Colorado state titling and registration system.
10 (1.5) (a) In accordance with the requirements of section 1-2-302 (6.7)

11
SECTION 1-2-302 (6), C.R.S., the department of revenue and the
12 department of state shall allow for the exchange of information on

13 residence addresses, signatures, and party affiliation between the systems

14 used by the department of revenue, the master list of registered electors

15 maintained by the department of state, and, no later than January 1, 2006,

16 the computerized statewide voter registration list created in section

17 1-2-301 (1), C.R.S., for the purpose of updating information in these

18 systems.

19
SECTION 3. Safety clause. The general assembly hereby finds,
20 determines, and declares that this act is necessary for the immediate

21 preservation of the public peace, health, and safety.