Colorado § 1-5-611 - Requirements - nonpunch card electronic voting systems.

§ 1-5-611. Requirements - nonpunch card electronic voting systems.

(1) No nonpunch card electronic voting system shall be purchased, leased, or used unless it fulfills the following requirements:

(a) It provides for voting in secrecy;

(b) It permits each elector to write in the names of eligible candidates not appearing on the printed ballot, to vote for as many candidates for an office as there are vacancies for which the elector is entitled to vote, and to vote for or against any ballot issue upon which the elector is entitled to vote;

(c) It rejects any vote for an office or on a ballot issue if the number of votes exceeds the number the elector is entitled to cast; except that, if the voting system is certified for use in an election using instant runoff voting, the voting system must allow the elector to rank multiple candidates in such an election in accordance with section 1-7-1003 and rules adopted by the secretary of state;

(d) It permits each elector, other than at a primary election, to vote for the candidates of one or more parties and for unaffiliated candidates;

(e) It prevents the elector from voting for the same candidates more than once for the same office; and

(f) If the system uses a voting device:

(I) It is suitably designed, of durable construction, and capable of being used safely, efficiently, and accurately in the conduct of elections and the tabulation of votes;

(II) It permits the names of candidates and the text of issues to be printed on pages which are securely attached to the voting device, the pages to be securely locked in a metal frame or sealed to prevent tampering;

(III) It contains a protective counter with a register which cannot be reset, which shall register the cumulative total number of movements of the operating mechanism; and

(IV) It is capable of providing printouts of vote totals by office and candidate or by ballot issue, including a numeric-only printout to be used for testing as provided in section 1-7-509.

Source: L. 92: Entire article R&RE, p. 722, § 8, effective January 1, 1993. L. 95: (1)(d) amended, p. 862, § 121, effective July 1. L. 2005: (1)(f)(IV) amended, p. 1425, § 55, effective June 6; (1)(f)(IV) amended, p. 1460, § 55, effective June 6. L. 2021: (1)(c) amended, (HB 21-1071), ch. 367, p. 2416, § 4, effective July 1, 2022.

Editor's note: This section is similar to former § 1-6-611 as it existed prior to 1992.