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(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.