(1) (a) After an electronic or electromechanical voting system is tested in accordance with section 1-5-608.5, the voting system provider may submit the system to the secretary of state for certification.
(b) The secretary of state shall examine each electronic or electromechanical voting system submitted for certification and determine whether the system complies with the requirements of section 1-5-615 and the standards established under section 1-5-616.
(c) The secretary of state shall decide whether to certify an electronic or electromechanical voting system within one hundred twenty days after the system is submitted for certification.
(1.5) (a) On and after December 31, 2022, after an electronic or electromechanical voting system is tested in accordance with section 1-5-608.5 (3.5) for use in an election using instant runoff voting, the voting system provider may submit the system to the secretary of state for certification for use in an election using instant runoff voting.
(b) The secretary of state shall examine each electronic or electromechanical voting system submitted for certification and determine whether the system complies with the requirements of section 1-5-615 and the standards established under section 1-5-616 for use in an election using instant runoff voting.
(c) The secretary of state shall decide whether to certify an electronic or electromechanical voting system for use in an election using instant runoff voting within one hundred twenty days after the system is submitted for certification.
(2) The secretary of state shall appoint one or more experts in the fields of data processing, mechanical engineering, or public administration to assist in the examination and testing of electronic or electromechanical voting systems submitted for certification and to produce a written report on each system.
(3) Neither the secretary of state nor any examiner shall have any pecuniary interest in any voting equipment.
(4) Within thirty days after deciding to certify an electromechanical voting system, the secretary of state shall make a report on the system containing a description of the system and its operation. The secretary of state shall send a notice of certification and a copy of the report to the voting system provider that submitted the system for certification. The secretary of state shall notify the governing bodies of the political subdivisions of the state of the certification and make the notice of certification and report available to them upon request.
(5) The designated election official of a political subdivision that plans to use an electronic or electromechanical voting system that has been certified in accordance with this section shall apply to the secretary of state for approval of the purchase, installation, and use of the system. The secretary of state shall prescribe the form and procedure of the application by rule adopted in accordance with article 4 of title 24, C.R.S.
(6) The secretary of state may provide technical assistance to designated election officials on issues related to the certification of the purchase, installation, and use of electronic and electromechanical voting systems by a political subdivision.
Source: L. 2004: Entire section added, p. 1350, � 14, effective May 28. L. 2005: (5) amended, p. 759, � 3, effective June 1. L. 2009: (1)(c) amended, (HB 09-1335), ch. 260, p. 1191, � 6, effective May 15. L. 2021: (1.5) added, (HB 21-1071), ch. 367, p. 2418, � 8, effective July 1, 2022. L. 2024: (4) amended, (SB 24-210), ch. 468, p. 3248, � 17, effective June 6.
Cross references: For the legislative declaration contained in the 2004 act enacting this section, see section 1 of chapter 334, Session Laws of Colorado 2004.
1-5-618. Modification of electronic and electromechanical voting systems - definition. (1) After an electronic or electromechanical voting system has been certified by the secretary of state, a political subdivision may not adopt any modification of the system until the modification is certified or approved in accordance with the provisions of subsection (1.5) of this section by the secretary of state. A person desiring approval of a modification shall submit a written application for approval to the secretary of state.
(1.5) Upon receipt of the written application for approval in accordance with subsection (1) of this section, the secretary of state shall undertake a preliminary examination of the proposed modification. In connection with such preliminary review, the secretary shall determine if the proposed modification may cause adverse effects on the security or accuracy of elections. The secretary shall make the determination within forty-five days after receiving the request. If the secretary, upon completion of his or her preliminary review of the request, determines that the proposed modification will cause significant adverse effects, the modification shall be subject to further review under the provisions of subsection (2) of this section. If the secretary determines, upon completion of his or her preliminary review, that the proposed modification causes no adverse effects, the secretary shall approve the modification. If the secretary determines, upon completion of his or her preliminary review, that the proposed modification causes possible adverse effects, the modification shall be subject to further review under the provisions of subsection (4) of this section. Following such additional review, if the secretary determines that any adverse effects of the proposed modification are insignificant, the secretary shall approve the modification. If, however, following such additional review, the secretary determines that the adverse effects of the modification are significant, the modification shall be subject to further review under the provisions of subsection (2) of this section.
(2) The requirements for approval of a modified electronic or electromechanical voting system are the same as those prescribed by this part 6 for the initial certification of the system.
(3) The secretary of state shall approve the modified electronic or electromechanical voting system by written order if the modified system satisfies the applicable requirements for certification.
(4) If the secretary of state does not approve the modified design, the secretary of state shall by written order:
(a) Invite the applicant to submit additional information in support of the application, submit the modified electronic or electromechanical voting system itself, or both; or
(b) Require an examination of the modified electronic or electromechanical voting system by independent examiners.
(5) After examining the additional information, the modified electronic or electromechanical voting system, or the report of an independent examiner submitted pursuant to subsection (4) of this section, the secretary of state shall approve the modified system by written order if the system satisfies the applicable requirements for certification.
(6) If a modification to a certified electronic or electromechanical voting system does not satisfy the applicable requirements for certification, the secretary of state shall suspend the sale of the system in this state until the system satisfies the requirements for certification.
(7) For purposes of this section, modification means a revision or a new release of an electronic or electromechanical voting system.
Source: L. 2004: Entire section added, p. 1351, � 14, effective May 28. L. 2009: (1) amended and (1.5) added, (HB 09-1335), ch. 260, p. 1192, � 7, effective May 15.
Cross references: For the legislative declaration contained in the 2004 act enacting this section, see section 1 of chapter 334, Session Laws of Colorado 2004.
1-5-619. Temporary use of electronic and electromechanical voting systems. (1) After an electronic or electromechanical voting system has been tested in accordance with section 1-5-608.5 but has not yet been certified by the secretary of state, a voting system provider or designated election official may apply to the secretary of state for temporary approval of the system.
(2) The secretary of state shall, by rule adopted in accordance with article 4 of title 24, C.R.S., establish standards and procedures for temporary approval of electronic and electromechanical voting systems.
(3) An electronic or electromechanical voting system may be temporarily approved for a total of no more than one year, and the secretary of state may revoke such approval at any time. Temporary approval of a system shall not supersede the certification requirements of this part 6.
(4) A temporarily approved electronic or electromechanical voting system may not be used in any election without the written authorization of the secretary of state.
(5) A designated election official may enter into a contract to rent or lease a temporarily approved electronic or electromechanical voting system for a specific election with the approval of the secretary of state. A political subdivision shall not acquire title to a temporarily approved system.
(6) The use of a temporarily approved electronic or electromechanical voting system shall be valid for all purposes.
Source: L. 2004: Entire section added, p. 1351, � 14, effective May 28.
Cross references: For the legislative declaration contained in the 2004 act enacting this section, see section 1 of chapter 334, Session Laws of Colorado 2004.
1-5-620. Electronic or electromechanical voting system information - software. (Repealed)
Source: L. 2004: Entire section added, p. 1352, � 14, effective May 28. L. 2024: Entire section repealed, (SB 24-210), ch. 468, p. 3248, � 18, effective June 6.