1-5-615. Electronic and electromechanical voting systems – requirements
(1) The secretary of state shall not certify any electronic or 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 for the polling location;
(n) Can tabulate votes from ballots of different political parties at the same voter service and polling center in a primary election;
(o) Can automatically produce vote totals for the polling location in printed form; and
(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.
(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.
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.
The rules define “undervote” as an instance where the voter marked votes for fewer than the maximum number of candidates or responses for a ballot measure.
The rules define “overvote” as an instance where the elector marked votes for more than the maximum number of candidates or responses for a ballot measure.
1. Definition for Political party
Any group of registered electors who, by petition or assembly, nominate candidates for the official general election ballot. “Political party” includes affiliated party organizations at the state, county, and election district levels, and all such affiliates are considered to be a single entity for the purposes of this article, except as otherwise provided in section 7. Section 2(13) of article XXVIII of the state constitution.
2. Definition for State
A state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. C.R.S. § 1-8.3-102.
3. Definition for Ballot
(a) A federal write-in absentee ballot;
(b) A ballot specifically prepared or distributed for use by a covered voter in accordance with this article; or
(c) A ballot cast by a covered voter in accordance with this article.
(2) “Covered voter” means:
(a) A uniformed-service voter defined in paragraph (a) of subsection (9) of this section who is a resident of this state but who is absent from this state by reason of active duty and who otherwise satisfies this state’s voter eligibility requirements;
(b) An overseas voter who, before leaving the United States, was last eligible to vote in this state and, except for a state residency requirement, otherwise satisfies this state’s voter eligibility requirements;
(c) An overseas voter who, before leaving the United States, would have been last eligible to vote in this state had the voter then been of voting age and, except for a state residency requirement, otherwise satisfies this state’s voter eligibility requirements; or
(d) An overseas voter who was born outside the United States, is not described in paragraph (b) or (c) of this subsection (2), and, except for a state residency requirement, otherwise satisfies this state’s voter eligibility requirements if the last place where a parent, legal guardian, spouse, or civil union partner of the voter was, or under this article would have been, eligible to vote before leaving the United States is within this state.
C.R.S. § 1-8.3-102.
4. Definition for Election
Any election under the “Uniform Election Code of 1992” or the “Colorado Municipal Election Code of 1965”, article 10 of title 31, C.R.S. C.R.S. § 1-7.5-103.
5. Definition for Secretary
The Colorado secretary of state. C.R.S. § 1-1.5-102.
6. Definition for Candidate
Any person who seeks nomination or election to any state or local public office that is to be voted on in this state at any primary election, general election, school district election, special district election, or municipal election. “Candidate” also includes a judge or justice of any court of record who seeks to be retained in office pursuant to the provisions of section 25 of article VI. A person is a candidate for election if the person has publicly announced an intention to seek election to public office or retention of a judicial office and thereafter has received a contribution or made an expenditure in support of the candidacy. A person remains a candidate for purposes of this article so long as the candidate maintains a registered candidate committee. A person who maintains a candidate committee after an election cycle, but who has not publicly announced an intention to seek election to public office in the next or any subsequent election cycle, is a candidate for purposes of this article. Section 2(2) of article XXVIII of the state constitution.