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colorado > Colorado Electoral Code > Conduct of Elections

1-7-511. Election software – voting equipment providers – escrow – definitions

Overview of Statute

For election returns, voting system providers seeking certification must place one copy of documentation related to the election software[1] in escrow with the secretary of state or an independent escrow agent, as well as provide a copy to the National Software Reference Library at the National Institute of Standards and Technology. An agent for the voting system provider must also affirm by signed affidavit that the machines operate in the manner described in the accompanying documentation provided. The secretary of state will promulgate rules[2] for implementing this procedure.

[1] “Election software” is “the software to be installed or residing on election equipment firmware or on election management computers that controls election setup, vote recording, vote tabulation, and reporting.”

[2] Article 4 of title 24, C.R.S. (“State Administrative Procedure Act”) provides rule-making procedure.

Statute

(1) When a voting system provider submits an electronic or electromechanical voting system for certification pursuant to part 6 of article 5 of this title, the voting system provider shall place in escrow with the secretary of state or an independent escrow agent approved by the secretary of state one copy of the election software being certified and supporting documentation. The voting system provider shall place in escrow any subsequent changes to the escrowed election software or supporting documentation.

(2) An officer of the voting system provider with legal authority to bind the voting system provider shall sign a sworn affidavit that the election software in escrow is the same as the election software being used in its voting systems in this state. The officer shall ensure that the statement is true on a continuing basis.

(3) As an additional requirement for certification, the voting system provider shall deposit one copy of the election software with the national software reference library at the national institute of standards and technology.

(4) The secretary of state shall promulgate rules in accordance with article 4 of title 24, C.R.S., prescribing the manner and procedures that voting system providers shall follow to comply with this section.

(5) As used in this section, unless the context otherwise requires, “election software” means the software to be installed or residing on election equipment firmware or on election management computers that controls election setup, vote recording, vote tabulation, and reporting.

(6) Notwithstanding any other provision of law, election software and supporting documentation placed in escrow in accordance with this section shall not be public records for purposes of article 72 of title 24, C.R.S.

 

Source: L. 2005: Entire section added, p. 1407, § 27, effective June 6; entire section added, p. 1442, § 27, effective June 6.

Annotation: June 13, 2016 7:49 pm

The rules define “firmware” as computer programs stored on read-only memory devices or other electronic circuitry in voting devices that control the basic operation and function of those devices.

Definition [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.

Definition [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.

Definition [Secretary]

The Colorado secretary of state. C.R.S. § 1-1.5-102.

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