First Regular Session Seventieth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 15-1049.01 Bob Lackner x4350 SENATE BILL 15-277 SENATE SPONSORSHIP Woods and Lundberg, Neville T. HOUSE SPONSORSHIP (None), Senate Committees House Committees State, Veterans, & Military Affairs A BILL FOR AN ACT Concerning procedures to promote the accuracy of voter registration information. 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://www.leg.state.co.us/billsummaries.) To the extent permitted by interstate compacts providing access across state boundaries to voter registration information, commencing February 1, 2016, and not later than February 1 of each succeeding year thereafter, the bill requires the secretary of state (secretary) to check the voter registration information of each elector whose name appears in the statewide voter registration system against the most recent information maintained for any such elector: In the national change of address database; and In the database of the division of motor vehicles in the department of revenue. If the examination of voter registration information obtained by the secretary reveals any discrepancy between the registration information for a particular elector contained in the statewide voter registration system and the most recent information pertaining to that elector in either of the databases searched, or, if the elector's name does not appear in either database, the bill requires the secretary to promptly transmit information about the discrepancy to the appropriate county clerk and recorder (clerk). Upon receiving information from the secretary that reveals a discrepancy pertaining to a particular elector, the bill requires the appropriate clerk to send the elector a letter with a requirement that the elector provide verification of his or her identification. Submission by the elector either by return letter or in person of a form of government-issued identification that contains a photograph of the elector establishes verification for purposes of the bill. If the elector either fails to respond to the letter or fails to submit a form of government-issued identification with a photograph of the elector, the bill requires the clerk to mark the elector's registration record "Inactive". Not later than June 1, 2016, and by June 1 of each succeeding year thereafter, the bill requires the secretary to submit a report to the executive committee of the general assembly that summarizes the compliance of his or her office in meeting the requirements of the bill. In the report, the secretary shall summarize the information provided to the secretary by the clerks that pertains to the clerks' compliance with the bill. The bill specifies other required components of the secretary's report. Not later than May 1, 2016, and by May 1 of each year thereafter, the bill requires each clerk to submit to the secretary a report that summarizes the compliance of his or her office in meeting the requirements of the bill for inclusion in the secretary's report. The bill also expresses the encouragement of the general assembly that the secretary reach an agreement with his or her counterparts in other states in entering into interstate compacts to provide for the sharing of voter registration information across state boundaries. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, add 1-2-306 as follows: 1-2-306. Annual review by secretary of state of accuracy of voter registration information - procedures for addressing discrepancies - reports to the secretary and the general assembly - encouragement by general assembly. (1) To the extent permitted by interstate compacts providing access across state boundaries to voter registration information, commencing February 1, 2016, and not later than February 1 of each succeeding year thereafter, the secretary of state shall check the voter registration information of each elector whose name appears in the statewide voter registration system created in section 1-2-301 against the most recent information maintained for any such elector: (a) In the national change of address database administered by the United State postal service; and (b) In the database of the division of motor vehicles in the department of revenue. (2) If the examination of voter registration information obtained by the secretary of state under subsection (1) of this section reveals any discrepancy between the registration information for a particular elector contained in the statewide voter registration system and the most recent information pertaining to that elector in the national change of address database or the database of the division of motor vehicles in the department of revenue, or, if the elector's name does not appear in either database, the secretary of state shall promptly transmit information about the discrepancy to the appropriate county clerk and recorder. (3) (a) Upon receiving information from the secretary of state pursuant to subsection (2) of this section that reveals a discrepancy between the registration information for a particular elector contained in the statewide voter registration system and the most recent information pertaining to that elector in either of the relevant databases, the appropriate county clerk and recorder shall send the elector a letter with a requirement that the elector provide verification of his or her identification. Submission by the elector either by return letter or in person of a form of government-issued identification referenced in section 1-1-104 (19.5) (a) that contains a photograph of the elector establishes verification for purposes of this subsection (3). (b) If the elector either fails to respond to the letter required by paragraph (a) of this subsection (3) or fails to submit a form of identification that satisfies the requirements of said paragraph (a), the county clerk and recorder shall mark the elector's registration record "Inactive". If the inactive elector subsequently fails to vote in two consecutive general elections, the county clerk and recorder shall cancel the elector's registration record in accordance with section 1-2-605 (7). (4) (a) Not later than September 1, 2016, and by September 1 of each succeeding year thereafter, the secretary of state shall submit a report to the executive committee of the general assembly that summarizes the compliance of his or her office in meeting the requirements of this section. In the report, the secretary shall summarize the information provided to the secretary by the county clerk and recorders pursuant to paragraph (b) of this subsection (4). The secretary of state shall also include in the report any recommendations he or she has for making modifications to statutory provisions or rules or other procedures governing voter registration to improve the accuracy and reliability of the information in the statewide voter registration system. (b) Not later than May 1, 2016, and by May 1 of each year thereafter, each county clerk and recorder shall submit to the secretary of state a report that summarizes the compliance of his or her office in meeting the requirements of this section. The information provided by the county clerk and recorders pursuant to this paragraph (b) must be used by the secretary of state in connection with the report the secretary prepares under paragraph (a) of this subsection (4). (5) The general assembly hereby encourages the secretary of state to reach an agreement with his or her counterparts in other states in entering into interstate compacts to provide for the sharing of voter registration information across state boundaries in the interests of furthering the intent of the general assembly in enacting this section. 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 5, 2015, if adjournment sine die is on May 6, 2015); 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 2016 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.