Colorado § 1-5-608.5 - 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.

§ 1-5-608.5. 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.

(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.

Source: L. 93: Entire section added, p. 1414, § 57, effective July 1. L. 2004: Entire section amended, p. 1346, § 13, effective May 28. L. 2009: Entire section amended, (HB 09-1335), ch. 260, p. 1190, § 4, effective May 15. L. 2021: (3.5) added, (HB 21-1071), ch. 367, p. 2416, § 3, effective July 1, 2022. L. 2023: (3)(b) and (3.5)(b) amended, (SB 23-276), ch. 399, p. 2381, § 20, effective June 6.

Cross references: For the legislative declaration contained in the 2004 act amending this section, see section 1 of chapter 334, Session Laws of Colorado 2004.