Colorado § 1-7-513.5 - Voting equipment - security.

§ 1-7-513.5. Voting equipment - security.

(1) Except as otherwise provided in subsection (5) of this section, no later than June 30, 2023, the designated election official shall keep all components of a voting system in a location where entry is controlled by use of a key card access system. The designated election official shall ensure that the log created by the system is maintained as an election record for twenty-five months following the date of any entry.

(2) Except as otherwise provided in subsection (5) of this section, no later than June 30, 2023, the designated election official shall keep all components of a voting system under video security surveillance recording. The designated election official shall ensure that video captured beginning sixty days before through thirty days after an election in which the voting system is used is maintained as an election record for twenty-five months following the election. The designated election official shall ensure that video captured outside this period is maintained for twenty-five months following the date the video was captured.

(3) The designated election official is not required to follow the requirements of subsections (1) and (2) of this section when voting system components are deployed for use or stored at a voting service and polling center.

(4) A county clerk may apply to the secretary of state for a waiver of the requirements of subsection (1) of this section based on historical building status or similar physical limitations. If the secretary finds the clerk has provided an alternative equivalent physical security system for components of a voting system, the secretary of state may grant the waiver.

(5) If the designated election official is unable to satisfy the requirements of subsections (1) and (2) of this section by June 30, 2023, due to delays in the delivery of necessary equipment that are out of the control of the designated election official, the designated election official shall notify and provide proof of the delay to the secretary of state, and the designated election official is required to satisfy the requirements of subsections (1) and (2) of this section as soon as practicable.

(6) The secretary of state may promulgate rules necessary for the implementation of this section in accordance with article 4 of title 24.

(7) (a) For the 2022-23 state fiscal year, the general assembly shall appropriate:

(I) One million dollars from the general fund to the department of state to administer a grant program, which is hereby created and consists of such general fund appropriation, to provide assistance to counties in complying with the security requirements of the "Colorado Election Security Act"; and

(II) One hundred seventeen thousand dollars from the department of state cash fund to the department of state to assist the state and counties with assessing potential risks to the proper administration of elections.

(b) For the 2023-24 state fiscal year and each state fiscal year thereafter, the general assembly shall make appropriations from the department of state cash fund to the department of state for the purpose of assisting the state and counties with assessing potential risks to the proper administration of elections.

Source: L. 2022: Entire section added, (SB 22-153), ch. 322, p. 2281, § 13, effective June 2.

Cross references: For the short title ("Colorado Election Security Act") and the legislative declaration in SB 22-153, see sections 1 and 2 of chapter 322, Session Laws of Colorado 2022.