Colorado § 1-5-617 - Examination - testing - certification.

§ 1-5-617. Examination - testing - certification.

(1) (a) After an electronic or electromechanical voting system is tested in accordance with section 1-5-608.5, the voting system provider may submit the system to the secretary of state for certification.

(b) The secretary of state shall examine each electronic or electromechanical voting system submitted for certification and determine whether the system complies with the requirements of section 1-5-615 and the standards established under section 1-5-616.

(c) The secretary of state shall decide whether to certify an electronic or electromechanical voting system within one hundred twenty days after the system is submitted for certification.

(1.5) (a) On and after December 31, 2022, after an electronic or electromechanical voting system is tested in accordance with section 1-5-608.5 (3.5) for use in an election using instant runoff voting, the voting system provider may submit the system to the secretary of state for certification for use in an election using instant runoff voting.

(b) The secretary of state shall examine each electronic or electromechanical voting system submitted for certification and determine whether the system complies with the requirements of section 1-5-615 and the standards established under section 1-5-616 for use in an election using instant runoff voting.

(c) The secretary of state shall decide whether to certify an electronic or electromechanical voting system for use in an election using instant runoff voting within one hundred twenty days after the system is submitted for certification.

(2) The secretary of state shall appoint one or more experts in the fields of data processing, mechanical engineering, or public administration to assist in the examination and testing of electronic or electromechanical voting systems submitted for certification and to produce a written report on each system.

(3) Neither the secretary of state nor any examiner shall have any pecuniary interest in any voting equipment.

(4) Within thirty days after deciding to certify an electromechanical voting system, the secretary of state shall make a report on the system containing a description of the system and its operation. The secretary of state shall send a notice of certification and a copy of the report to the voting system provider that submitted the system for certification. The secretary of state shall notify the governing bodies of the political subdivisions of the state of the certification and make the notice of certification and report available to them upon request.

(5) The designated election official of a political subdivision that plans to use an electronic or electromechanical voting system that has been certified in accordance with this section shall apply to the secretary of state for approval of the purchase, installation, and use of the system. The secretary of state shall prescribe the form and procedure of the application by rule adopted in accordance with article 4 of title 24, C.R.S.

(6) The secretary of state may provide technical assistance to designated election officials on issues related to the certification of the purchase, installation, and use of electronic and electromechanical voting systems by a political subdivision.

Source: L. 2004: Entire section added, p. 1350, § 14, effective May 28. L. 2005: (5) amended, p. 759, § 3, effective June 1. L. 2009: (1)(c) amended, (HB 09-1335), ch. 260, p. 1191, § 6, effective May 15. L. 2021: (1.5) added, (HB 21-1071), ch. 367, p. 2418, § 8, effective July 1, 2022. L. 2024: (4) amended, (SB 24-210), ch. 468, p. 3248, § 17, effective June 6.

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