§ C.R.S. § 1-5-621Compliance - 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 part 6 or deviates from a certified system.
(2) A voting system provider or a designated election official using an electronic or
electromechanical voting system shall give notice to the secretary of state within twenty-four
hours of a malfunction of its system in preparation for or during an election. The notice may be
Colorado Revised Statutes 2024
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verbal or in writing. For purposes of this section, "malfunction" means a deviation from a correct
value in a voting system.
(3) Upon receipt of the notice sent pursuant to subsection (2) of this section, the
secretary of state shall determine whether further information on the malfunction is required. At
the written or verbal request of the secretary of state, the voting system provider or designated
election official shall submit a report to the secretary of state's office describing the
reprogramming or other actions necessary to correct the malfunction of the electronic or
electromechanical voting system. The report shall indicate whether permanent changes are
necessary to prevent similar malfunctions in the future. The report shall be submitted within
thirty days after the date of the request by the secretary of state. Failure to submit the report
within the required period shall be grounds to decertify the system. A copy of the report shall be
attached to the most recent certification of the system on file in the secretary of state's office.
The secretary of state shall distribute a copy of the report to all political subdivisions that use the
system.
(4) If the secretary of state determines after inspecting an electronic or electromechanical
voting system or reviewing the report submitted pursuant to subsection (3) of this section that the
system does not comply with applicable standards or deviates from a certified system, the
secretary shall by written order:
(a) Specify actions to remedy the defect in the electronic or electromechanical voting
system and direct the designated election official or voting system provider, as appropriate, to
perform such actions;
(b) Prohibit the use of the electronic or electromechanical voting system or any part of
the system by a political subdivision that adopted the system for use in an election until the
actions to remedy the defect are performed and approved by the secretary of state;
(c) Limit the use of the electronic or electromechanical voting system or any part of the
system to circumstances or conditions stated in the order; or
(d) Decertify the electronic or electromechanical voting system.
(5) Upon decertification of an electronic or electromechanical voting system, the
secretary of state shall notify all political subdivisions that use the system and the providers of
the system that the certification of the system for use and sale in this state is withdrawn. The
notice shall be in writing and shall indicate the reasons for the decertification of the system and
the effective date of the decertification.
(6) Within thirty days after receiving notice from the secretary of state of the
decertification of an electronic or electromechanical voting system, a political subdivision or
provider of a voting system that is decertified may request in writing that the secretary of state
reconsider its decision to decertify the electronic or electromechanical voting system. Upon
receipt of the request, the secretary of state shall hold a public hearing to reconsider the decision
to decertify the system. Any interested party may submit testimony or documentation in support
of or in opposition to the decision to decertify the system. Following the hearing, the secretary of
state may affirm or reverse the decision.
(7) The secretary of state shall amend or rescind an order issued under this section if the
secretary of state determines that the electronic or electromechanical voting system has been
modified to comply with applicable standards or no longer deviates from the certified system.
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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.