(1) As used in this section, unless the context otherwise requires, election setup records means the electronic records generated by election tabulation software during election setup to define ballots, tabulation instructions, and other functions related to the election.
(2) At the conclusion of programming and after it has been determined that a voting system is in proper working order and ready for voting, the designated election official shall deposit a copy of the election setup records for a county, statewide, or congressional vacancy election with the secretary of state no later than 5:00 p.m. on the seventh day before the election.
(3) If the election setup records are modified or altered after they are submitted to the secretary of state, the designated election official shall immediately report the change to the secretary of state and deposit the modified election setup records with the secretary of state no later than noon on the day of the election.
(4) The secretary of state shall retain election setup records as an election record. The designated election official shall retain the election setup records for the period of time for which the designated election official is required to retain official election records.
(5) Election setup records deposited with the secretary of state shall not be used for any purpose, except as directed by the secretary of state or ordered by a court. The tape, diskette, cartridge, or other magnetic or electronic storage medium containing election setup records deposited with the secretary of state shall be kept in a secure location when not being used for an official purpose in accordance with this subsection (5).
(6) The secretary of state shall promulgate rules in accordance with article 4 of title 24, C.R.S., to implement this section.
(7) Notwithstanding any other provision of law, election setup records deposited with the secretary of state pursuant to this section shall not be public records for purposes of article 72 of title 24, C.R.S.
Source: L. 2005: Entire section added, p. 1406, � 27, effective June 6; entire section added, p. 1442, � 27, effective June 6. L. 2023: (4) amended, (SB 23-276), ch. 399, p. 2386, � 31, effective June 6.
1-7-511. Election software - voting equipment providers - escrow - definition. (1) When a voting system provider submits an electronic or electromechanical voting system for certification pursuant to part 6 of article 5 of this title, the voting system provider shall place in escrow with the secretary of state or an independent escrow agent approved by the secretary of state one copy of the election software being certified and supporting documentation. The voting system provider shall place in escrow any subsequent changes to the escrowed election software or supporting documentation.
(2) An officer of the voting system provider with legal authority to bind the voting system provider shall sign a sworn affidavit that the election software in escrow is the same as the election software being used in its voting systems in this state. The officer shall ensure that the statement is true on a continuing basis.
(3) As an additional requirement for certification, the voting system provider shall deposit one copy of the election software with the national software reference library at the national institute of standards and technology.
(4) The secretary of state shall promulgate rules in accordance with article 4 of title 24, C.R.S., prescribing the manner and procedures that voting system providers shall follow to comply with this section.
(5) As used in this section, unless the context otherwise requires, election software means the software to be installed or residing on election equipment firmware or on election management computers that controls election setup, vote recording, vote tabulation, and reporting.
(6) Notwithstanding any other provision of law, election software and supporting documentation placed in escrow in accordance with this section shall not be public records for purposes of article 72 of title 24, C.R.S.
Source: L. 2005: Entire section added, p. 1407, � 27, effective June 6; entire section added, p. 1442, � 27, effective June 6.