Colorado § 1-5-615 - Electromechanical voting systems - requirements.

§ 1-5-615. Electromechanical voting systems - requirements.

(1) The secretary of state shall not certify any electromechanical voting system unless such system:

(a) Provides for voting in secrecy;

(b) Permits each elector to vote for all offices for which the elector is lawfully entitled to vote and no others, to vote for as many candidates for an office as the elector is entitled to vote for, and to vote for or against any ballot question or ballot issue on which the elector is entitled to vote;

(c) Permits each elector to verify his or her votes privately and independently before the ballot is cast;

(d) Permits each elector privately and independently to change the ballot or correct any error before the ballot is cast, including by voting a replacement ballot if the elector is otherwise unable to change the ballot or correct an error;

(e) If the elector overvotes:

(I) Notifies the elector before the ballot is cast that the elector has overvoted;

(II) Notifies the elector before the vote is cast that an overvote for any office, ballot question, or ballot issue will not be counted; and

(III) Gives the elector the opportunity to correct the ballot before the ballot is cast;

(f) Does not record a vote for any office, ballot question, or ballot issue that is overvoted on a ballot cast by an elector;

(g) For electronic and electromechanical voting systems using ballot cards, accepts an overvoted or undervoted ballot if the elector chooses to cast the ballot, but it does not record a vote for any office, ballot question, or ballot issue that has been overvoted;

(h) In a primary election, permits each elector to vote only for a candidate seeking nomination by the political party with which the elector is affiliated;

(i) In a presidential election, permits each elector to vote by a single operation for all presidential electors of a pair of candidates for president and vice president;

(j) Does not use a device for the piercing of ballots by the elector;

(k) Provides a method for write-in voting;

(l) Counts votes correctly;

(m) Can tabulate the total number of votes for each candidate for each office and the total number of votes for and against each ballot question and ballot issue; and

(n) and (o) Repealed.

(p) Saves and produces the records necessary to audit the operation of the electronic or electromechanical voting system, including a permanent paper record with a manual audit capacity.

(1.5) The secretary of state shall not certify any electronic or electromechanical voting system for use in an election using instant runoff voting unless, in addition to meeting the requirements of subsection (1) of this section, the system meets the requirements and performs the functions required by section 1-7-1003.

(2) The permanent paper record produced by the electronic or electromechanical voting system shall be available as an official record for any recount conducted for any election in which the system was used.

Source: L. 2004: Entire section added, p. 1347, § 14, effective May 28. L. 2013: IP(1), (1)(m), (1)(n), and (1)(o) amended, (HB 13-1303), ch. 185, p. 713, § 49, effective May 10. L. 2021: (1.5) added, (HB 21-1071), ch. 367, p. 2417, § 6, effective July 1, 2022. L. 2023: IP(1) and (1)(m) amended and (1)(n) and (1)(o) repealed, (SB 23-276), ch. 399, p. 2382, § 21, effective June 6.

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, the introductory portion to subsection (1) and subsections (1)(m), (1)(n), and (1)(o) were 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.