TrustVoting Atlas

(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.
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(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.
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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.
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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.