§ C.R.S. § 1-5-608.5(untitled)

Electromechanical voting systems - testing by federally accredited labs certification and approval of purchasing of 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
section satisfy the requirements of this part 6, the secretary of state shall certify such systems
and approve the purchase, installation, and use of such systems by political subdivisions and
establish standards for certification.
(b) The secretary of state may promulgate conditions of use in connection with the use
by political subdivisions of electromechanical voting systems as may be appropriate.
Colorado Revised Statutes 2024
Page 205 of 561
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(c) In undertaking the certification required by this section, the secretary of state may
consider either procedures used or adopted by county clerk and recorders or best practices
recommended by equipment vendors.
(3.5) (a) On and after December 31, 2022, if an electronic and electromechanical voting
system tested pursuant to this section satisfies the requirements of this part 6 related to the use of
the system in an election using instant runoff voting and the rules established by the secretary of
state pursuant to section 1-5-616 (1.5), the secretary of state shall certify such system and
approve the purchase, installation, and use of such system by political subdivisions in an election
using instant runoff voting.
(b) The secretary of state may promulgate conditions of use in connection with the use
by political subdivisions of an electromechanical voting system in an election using instant
runoff voting as may be appropriate.
(c) In undertaking the certification required by this section, the secretary of state may
consider procedures used or adopted by county clerk and recorders or best practices
recommended by equipment vendors.
(4) In undertaking the certification required by this section, the secretary of state may
request a federally accredited laboratory to undertake the testing of an electronic or
electromechanical voting system or may use and rely upon the testing of an electronic or
electromechanical voting system already performed by another state or a federally accredited
laboratory upon satisfaction of the following conditions:
(a) The secretary of state has complete access to any documentation, data, reports, or
similar information on which the other state or laboratory relied in performing its testing and
will make such information available to the public subject to any redaction required by law; and
(b) The secretary of state makes written findings and certifies that he or she reviewed the
information specified in paragraph (a) of this subsection (4) and determines that the testing:
(I) Was conducted in accordance with appropriate engineering standards in use as of the
time the testing is undertaken; and
(II) Satisfies the requirements of sections 1-5-615 and 1-5-616 and all rules promulgated
thereunder.
(5) In undertaking the certification required by this section, the secretary of state may
conduct joint testing with an agency of another state or with a federally accredited laboratory.