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Colorado > Colorado Electoral Code > Notice Of And Preparation For Elections

1-5-612. Use of electronic and electromechanical voting systems

Overview of Statute

The governing body of any political subdivison may adopt an electronic voting system for use at the polling locations. The system may be used for tabulating votes at all elections.

Statute

(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 held by the political subdivision.

(2) An electronic or electromechanical voting system may be used only if the system has been certified by the secretary of state in accordance with this part 6.

Source: L. 2004: Entire section added, p. 1347, § 14, effective May 28.L. 2013: Entire section amended, (HB 13-1303), ch. 185, p. 713, § 48, effective May 10.

Cross references: (1) For the legislative declaration contained in the 2004 act enacting this section, see section 1 of chapter 334, Session Laws of Colorado 2004. (2) In 2013, this section was amended by the “Voter Access and Modernized Elections Act”. For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013.
Annotation: June 13, 2016 7:47 pm

The rules define “firmware” as computer programs stored on read-only memory devices or other electronic circuitry in voting devices that control the basic operation and function of those devices.

Definition [Political subdivision]

A governing subdivision of the state, including counties, municipalities, school districts, and special districts. C.R.S. § 1-7.5-103.

Definition [Designated election official]

The secretary of state, a county clerk and recorder, or other election official as provided by article XXI of the state constitution. C.R.S. § 1-12-100.5.

Definition [State]

A state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. C.R.S. § 1-8.3-102.

Definition [Title]

A brief statement that fairly and accurately represents the true intent and meaning of the proposed text of the initiative.

Definition [Section]

A bound compilation of initiative forms approved by the secretary of state, which shall include pages that contain the warning required by section 1-40-110 (1), the ballot title, the abstract required by section 1-40-110 (3), and a copy of the proposed measure; succeeding pages that contain the warning, the ballot title, and ruled lines numbered consecutively for registered electors’ signatures; and a final page that contains the affidavit required by section 1-40-111 (2). Each section shall be consecutively prenumbered by the petitioner prior to circulation.

Definition [Election]

Any election under the “Uniform Election Code of 1992” or the “Colorado Municipal Election Code of 1965”, article 10 of title 31, C.R.S. C.R.S. § 1-7.5-103.

Definition [Secretary]

The Colorado secretary of state. C.R.S. § 1-1.5-102.

Regulations & Guidance