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Home » US Law » 2022 Colorado Code » Title 1 - Elections » Article 5 - Notice of and Preparation for Elections » Part 6 - Authorization and Use of Voting Machines and Electronic Voting Systems

§ 1-5-601. Use of Voting Systems – Definition

(1) In all elections held in this state, the votes may be cast, registered, recorded, and counted by means of an electronic or electromechanical voting system as provided in this part 6. (2) As used in this part 6, “electromechanical voting system” shall include a paper-based voting system as defined in section 1-1-104 (23.5). Source: […]

§ 1-5-601.5. Compliance With Federal Requirements

[ Editor’s note: This version of this section is effective until July 1, 2022. ] All voting systems and voting equipment offered for sale on or after May 28, 2004, shall meet the voting systems standards that were promulgated in 2002 by the federal election commission. At his or her discretion, the secretary of state […]

§ 1-5-603. Adoption and Payment for Voting Machines

[ Editor’s note: This version this section is effective until July 1, 2022. ] The governing body of any political subdivision may adopt for use at elections any kind of voting machine fulfilling the requirements for voting machines set forth in this part 6. These voting machines may be used at any or all elections […]

§ 1-5-605.5. Custody of Voting System

The county clerk and recorder or designated election official shall be the custodian of the voting system in a political subdivision and may appoint deputies necessary to prepare and supervise the voting system prior to and during elections. Source: L. 2004: Entire section added, p. 1346, § 14, effective May 28. Cross references: For the […]

§ 1-5-605.7. Mechanical Lever Voting Machines – Prohibited

(1) No voting system using mechanical lever voting machines may be used in any election in this state. (2) Repealed. Source: L. 2004: Entire section added, p. 1345, § 12, effective May 28. L. 2010: (2) repealed, (HB 10-1116), ch. 194, p. 833, § 12, effective May 5. Cross references: For the legislative declaration contained […]

§ 1-5-606. Election Officials and Employees Not to Have Interest in Voting Equipment or Devices

No election official or employee of an election official having duties or responsibilities in connection with the conduct of any election shall have any financial or proprietary interest, either directly or indirectly, in the manufacture, sale, maintenance, servicing, repair, or transportation of voting equipment. This section shall not apply to any designated election official or […]

§ 1-5-607. Elected Officials Not to Handle Voting Equipment or Devices

(1) In any political subdivision having a population of one hundred thousand or more, it is unlawful for any elected official or candidate for elective office to prepare, maintain, or repair any voting equipment or device that is to be used or is used in any election. The provisions of this section shall be limited […]

§ 1-5-608.2. Punch Card Voting Systems – Prohibited

(1) No punch card electronic voting system or other voting system in which the elector uses a device to pierce the ballot may be used in any election in this state. (2) Repealed. Source: L. 2004: Entire section added, p. 1345, § 12, effective May 28. L. 2010: (2) repealed, (HB 10-1116), ch. 194, p. […]

§ 1-5-608.5. Electronic and Electromechanical Voting Systems – Testing by Federally Accredited Labs – Certification and Approval of Purchasing of Electronic and Electromechanical Voting Systems by Secretary of State – Conditions of Use by Secretary of State – Testing

(1) A federally accredited laboratory may test, approve, and qualify electronic and electromechanical voting systems for sale and use in the state of Colorado. (2) (Deleted by amendment, L. 2009, (HB 09-1335), ch. 260, p. 1190, § 4, effective May 15, 2009.) (3) (a) If the electronic and electromechanical voting systems tested pursuant to this […]

§ 1-5-610. Preparation for Use – Electronic Voting

(1) Prior to an election in which an electronic voting system is to be used, the designated election official shall have all system components prepared for voting and shall inspect and determine that each vote recorder or voting device is in proper working order. The designated election official shall cause a sufficient number of recorders […]

§ 1-5-611. Requirements – Nonpunch Card Electronic Voting Systems

(1) No nonpunch card electronic voting system shall be purchased, leased, or used unless it fulfills the following requirements: (a) It provides for voting in secrecy; (b) It permits each elector to write in the names of eligible candidates not appearing on the printed ballot, to vote for as many candidates for an office as […]

§ 1-5-612. Use of Electronic and Electromechanical Voting Systems

(1) The governing body of any political subdivision may, upon consultation with the designated election official, adopt an electronic or electromechanical voting system, including any upgrade in hardware, firmware, or software, for use at the polling locations in the political subdivision. The system may be used for recording, counting, and tabulating votes at all elections […]

§ 1-5-613. Purchase and Sale of Voting Equipment

(1) The secretary of state shall adopt uniform rules in accordance with article 4 of title 24, C.R.S., for the purchase and sale of voting equipment in the state. (2) The governing body or designated election official of a political subdivision may purchase a voting system only if the voting system has been certified for […]

§ 1-5-615. Electronic and Electromechanical Voting Systems – Requirements

(1) The secretary of state shall not certify any electronic or electromechanical voting system unless such system: (a) Provides for voting in secrecy; (b) Permits each elector to vote for all offices for which the elector is lawfully entitled to vote and no others, to vote for as many candidates for an office as the […]

§ 1-5-616. Electronic and 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 […]

§ 1-5-617. Examination – Testing – Certification

(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 […]

§ 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 […]

§ 1-5-620. Electronic or Electromechanical Voting System Information – Software

When a political subdivision purchases or adopts an electronic or electromechanical voting system, the vendor of the system shall send to the secretary of state copies of the software user and operator manuals, and any other information, specifications, or documentation required by the secretary of state relating to a certified system and its equipment. Any […]

§ 1-5-621. Compliance – Definitions

(1) Notwithstanding any provision of law to the contrary, upon filing of a complaint, the secretary of state shall investigate the complaint and may review or inspect the electronic or electromechanical voting system of a political subdivision at any time, including election day, to determine whether the system complies with the applicable requirements of this […]