§ 1-5-616 — Electromechanical voting systems - standards - procedures

(1)
The secretary of state shall adopt rules in accordance with article 4 of title 24,
C.R.S., that establish minimum standards for electronic and electromechanical
voting systems regarding:

(a) Functional requirements;

(b) Performance levels;

(c) Physical and design characteristics;

(d) Documentation requirements;

(e) Evaluation criteria;

(f) Audit capacity;

(g) Security requirements;

(h) Telecommunications requirements; and

(i) Accessibility.

(1.5) On or before December 31, 2022, the rules adopted by the secretary of
state pursuant to subsection (1) of this section must include the minimum system
requirements and specifications for electronic and electromechanical voting
systems used to conduct elections using instant runoff voting.

(2) The secretary of state may review the rules adopted pursuant to
subsections (1) and (1.5) of this section governing standards for certification of
electronic or electromechanical voting systems to determine the adequacy and
effectiveness of the rules in assuring that elections achieve the standards
established by section 1-1-103.

(3) The secretary of state shall adopt rules in accordance with article 4 of
title 24, C.R.S., to achieve the standards established by section 1-1-103 for the
procedures of voting, including write-in voting, and of counting, tabulating, and
recording votes by electronic or electromechanical voting systems used in this
state.

(4) The secretary of state shall adapt the standards for certification of
electronic or electromechanical voting systems established by rule pursuant to
subsections (1) and (1.5) of this section to ensure that new technologies that meet
the requirements for such systems are certified in a timely manner and available for
selection by political subdivisions and meet user standards.

(5) (a) Each designated election official shall establish written procedures to
ensure the accuracy and security of voting in the political subdivision and submit
the procedures to the secretary of state for review prior to each election. The
secretary of state shall notify the designated election official of the approval or
disapproval of the procedures no later than fifteen days after the secretary of state
receives the submission.

(b) Each designated election official shall submit the security procedures to
the secretary of state no less than sixty days before the election in which the
procedures will be used. The secretary of state shall notify the designated election
official of the approval or disapproval of said revisions no later than fifteen days
after the secretary of state receives the submission.

(6) A county may not create, permit any person to create, or disclose to any
person an image of the hard drive of any voting system component without the
express written permission of the department of state.

Legislative History

Source: L. 2004: Entire section added, p. 1349, � 14, effective May 28. L. 2006: (5)(a) amended, p. 2032, � 11, effective June 6. L. 2021: (1.5) added and (2) and (4) amended, (HB 21-1071), ch. 367, p. 2417, � 7, effective July 1, 2022. L. 2022: (6) added, (SB 22-153), ch. 322, p. 2280, � 11, effective June 2. L. 2023: (5) amended, (SB 23-276), ch. 399, p. 2382, � 22, effective June 6.