Second Regular Session
Seventy-third General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 22-0414.01 Nicole Myers x4326
SENATE BILL 22-153
Senate Committees House Committees
State, Veterans, & Military Affairs
A BILL FOR AN ACT
C
ONCERNING INCREASING INTERNAL ELECTION SECURITY MEASURES .101
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
The bill increases election security measures for the secretary of
state's office, election officials, candidates for elected office, and voters.
Current law authorizes the attorney general and the secretary of
state (secretary) to enforce the provisions of the election code by
injunctive action brought in the district court for the judicial district in
which any violation occurs. Section 4 of the bill requires the district court
and the supreme court, if applicable, to expedite scheduling and the
issuance of any orders in connection with an enforcement action so a final
SENATE SPONSORSHIP
Fenberg,
HOUSE SPONSORSHIP
Lontine,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing statute.
Dashes through the words indicate deletions from existing statute. ruling is made within specified periods.
Section 5 authorizes a coordinated election official or the
secretary's office to file a petition in district court alleging that a person
charged with a duty under the election code has committed or is about to
commit a breach or neglect of duty or other wrongful act.
Current law specifies that certain employees in the clerk and
recorder's office are required to complete a certification program for
election officials provided by the secretary (certification program).
Section 6 includes a designated election official for a county, a
coordinated election official for a county, and employees in the election
division of the department of state (department), at the discretion of the
secretary, as people required to complete the certification program.
Section 6 also specifies new requirements for the length of time that an
employee, designated election official, or coordinated election official has
to complete the certification program.
The curriculum for the certification program is required to include
specified courses. Section 7 requires that courses in voter registration and
list maintenance, accessibility, coordinated elections, mail ballot and
in-person voting processes, voting systems testing, risk-limiting audits,
canvass, and election security be included in the certification program
curriculum.
Section 8 specifies the circumstances under which a person is
ineligible to serve as a designated election official for a county or a
coordinated election official. Section 8 also specifies that, while serving
as a designated election official or a coordinated election official, a
person is prohibited from knowingly or recklessly making, publishing,
broadcasting, or circulating any false statement for the purposes of
promoting misinformation or disinformation related to the administration
of elections.
Certain elected officials or candidates for elective office are
currently prohibited from preparing, maintaining, or repairing any voting
equipment or device that is to be used in an election. Section 9 modifies
the prohibition to apply to any contact with the voting equipment or
device, rather than just physical contact. Section 9 also prohibits any
elected official or candidate for elective office in a political subdivision
with a population of 100,000 or more from having access to or being
present in a room with voting equipment or devices without being
accompanied by one or more persons with authorized access.
The governing body of any political subdivision is currently
authorized to adopt an electronic or electromechanical voting system.
Section 10 requires that for elections conducted under the "Uniform
Election Code of 1992", the governing body of any political subdivision
is required to adopt an electronic or electromechanical voting system to
be used for tabulating votes at all elections held by the political
subdivision. This requirement does not apply to counties with fewer than
SB22-153
-2- 1,000 active electors at the date of the last general election.
Section 11 prohibits a county from creating, permitting any person
to create, or disclosing to any person an image of the hard drive of any
voting system component without the express written permission of the
department.
By a specified date, section 12 requires a designated election
official to keep all components of a voting system in a location where
entry is controlled by use of a key card access system and that is under
video security surveillance recording. The designated election official is
required to ensure that records in connection with access to the location
of the voting system and video recordings of the location are created and
maintained for specified periods. Section 3 defines terms in connection
with these requirements.
Section 12 also directs the general assembly to make an
appropriation from the general fund to the department of state for the
2022-23 state fiscal year to be used to administer a grant program to
provide assistance to counties in complying with the security
requirements of the bill.
Section 13 states that if a majority of a canvass board in a county
is unable to or does not certify the abstract of votes for any reason by the
applicable deadline, the secretary is required to review the noncertified
abstract of votes and other evidence provided by the canvass board. If,
after review, the secretary determines that the noncertified abstract of
votes is sufficiently explicit in showing how many votes were cast for
each candidate, ballot question, or ballot issue, the secretary is required
to certify the results for the county and proceed to certifying state results.
Current law requires a person to comply with certain rules of the
secretary when carrying out the duties of the secretary. Section 14
specifies that a person is also required to comply with other policies of
the secretary, including the acceptable use policy for the statewide voter
registration system, when carrying out such duties. Section 14 also
specifies that any person who willfully interferes with a person in
notifying or obstructs a person from notifying the department of a
potential violation or retaliates against a person for providing such notice
is subject to current penalties for election offenses.
Current law prohibits a person from tampering with electronic
voting equipment with the intent to change the tabulation of votes in an
election. In addition, section 15 prohibits a person from accessing
electronic voting equipment or an election-night reporting system without
authorization and specifies that a person who accesses such equipment or
system is guilty of a class 5 felony. Section 15 also specifies that an
authorized person who knowingly publishes or causes to be published
passwords or other confidential information relating to a voting system
will immediately have their authorized access revoked and is guilty of a
class 5 felony.
SB22-153
-3- Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. Short title. The short title of this act is the2
"Colorado Election Security Act".3
SECTION 2. Legislative declaration. (1) The general assembly4
finds and declares that:5
(a) Elections must continue to be free and fair and protected from6
those who seek to compromise election officials and the security of7
Colorado's election processes;8
(b) The Colorado secretary of state oversees the conduct of9
statewide elections in Colorado as chief election official and is10
responsible for ensuring that elections are conducted in compliance with11
state and federal law;12
(c) County clerks generally serve as designated election officials13
and coordinated election officials for their county and are responsible for14
ensuring their elections comply with the uniform election code and rules15
promulgated by the secretary of state;16
(d) County clerks, election officials, and election workers are best17
able to conduct and protect elections with proper training and by18
implementing consistent security measures, including increased19
transparency throughout our elections system and restrictions on access20
to secure locations and voting equipment;21
(e) Free and fair elections are better supported by clear lines of22
authority and the ability of the secretary of state, designated election23
officials, and coordinated election officials to use existing powers to24
enforce election rules and regulations;25
(f) When a controversy or potential violation of state or federal26
SB22-153-4- election law or rule arises, the secretary of state is obligated to respond1
quickly to ensure the proper administration of elections;2
(g) Elections are better protected by providing clarification and3
confirmation of all encompassed enforcement powers held by the4
secretary of state and ensuring full compliance with those existing5
enforcement powers, including the issuance of rules and election orders;6
(h) Elections are better protected when designated election7
officials or coordinated election officials are held to the same standard as8
election judges which does not allow them to serve if they have been9
convicted of an election offense; and10
(i) Elections are better protected from outside and inside threats11
and those who aim to undermine our elections, by expanding election12
offenses and penalties for those offenses.13
SECTION 3. In Colorado Revised Statutes, 1-1-104, amend (11);14
and add (21.5) and (49.9) as follows:15
1-1-104. Definitions. As used in this code, unless the context16
otherwise requires:17
(11) "Election records" includes accounting forms, certificates of18
registration, pollbooks, certificates of election, signature cards, all19
affidavits, voter applications, other voter lists and records, mail ballot20
return envelopes, voted ballots, unused ballots, spoiled ballots, and21
replacement ballots,
KEY CARD ACCESS SYSTEM LOGS , AND VIDEO22
SECURITY SURVEILLANCE RECORDINGS .23
(21.5) "K
EY CARD ACCESS SYSTEM " MEANS A SYSTEM THAT24
CONTROLS PHYSICAL ENTRY INTO A ROOM OR LOCATION BY USE OF A25
RADIO FREQUENCY IDENTIFICATION CARD OR SIMILAR DOOR ACCESS26
SYSTEM AND PRODUCES A LOG THAT INCLUDES THE NAME , DATE, AND TIME27
SB22-153
-5- THAT A PERSON ENTERS THE ROOM OR AREA .1
(49.9) "V
IDEO SECURITY SURVEILLANCE RECORDING " MEANS2
VIDEO MONITORING BY A DEVICE THAT CONTINUOUSLY RECORDS A3
DESIGNATED LOCATION OR A SYSTEM USING MOTION DETECTION THAT4
RECORDS ONE FRAME OR MORE PER MINUTE UNTIL DETECTION OF MOTION5
TRIGGERS CONTINUOUS RECORDING .6
SECTION 4. In Colorado Revised Statutes, 1-1-107, amend7
(2)(d) as follows:8
1-1-107. Powers and duties of secretary of state - penalty.9
(2) In addition to any other powers prescribed by law, the secretary of10
state has the following powers:11
(d) To enforce the provisions of this code by injunctive action12
brought by the attorney general
OR SECRETARY OF STATE in the district13
court for the judicial district in which any violation occurs. U
PON AN14
ENFORCEMENT ACTION BEING BROUGHT PURSUANT TO THIS SUBSECTION15
(2)(d),
THE COURT SHALL EXPEDITE SCHEDULING AND THE ISSUANCE OF16
ANY ORDERS SUCH THAT A FINAL RULING IS MADE WITHIN THIRTY DAYS OF17
THE ACTION BEING FILED. THE COURT MAY CONTINUE THE ACTION BEYOND18
THIRTY DAYS UPON THE MOTION OF ANY PARTY AND UPON A SHOWING OF19
GOOD CAUSE. THE DISTRICT COURT PROCEEDINGS MAY BE REVIEWED AND20
FINALLY ADJUDICATED BY THE SUPREME COURT OF THIS STATE IF EITHER21
PARTY MAKES APPLICATION TO THE SUPREME COURT WITHIN THREE DAYS22
AFTER THE DISTRICT COURT PROCEEDINGS ARE TERMINATED , UNLESS THE23
SUPREME COURT, IN ITS DISCRETION, DECLINES JURISDICTION OF THE CASE.24
T
HE SUPREME COURT SHALL EXPEDITE SCHEDULING AND THE ISS UANCE OF25
ANY ORDERS SUCH THAT A FINAL RULING IS MADE WITHIN FOURTEEN DAYS26
OF AN APPEAL BEING FILED. IF THE SUPREME COURT DECLINES TO REVIEW27
SB22-153
-6- THE PROCEEDINGS, THE DECISION OF THE DISTRICT COURT IS FINAL AND1
NOT SUBJECT TO FURTHER APPELLATE REVIEW .2
SECTION 5. In Colorado Revised Statutes, 1-1-113, amend (1)3
as follows:4
1-1-113. Neglect of duty and wrongful acts - procedures for5
adjudication of controversies - review by supreme court. (1) When6
any controversy arises between any official charged with any duty or7
function under this code and any candidate, or any officers or8
representatives of a political party, or any persons who have made9
nominations or when any eligible elector,
COORDINATED ELECTION10
OFFICIAL, OR THE SECRETARY OF STATE files a verified petition in a district11
court of competent jurisdiction alleging that a person charged with a duty12
under this code has committed or is about to commit a breach or neglect13
of duty or other wrongful act, after notice to the official which
THAT14
includes an opportunity to be heard, upon a finding of good cause, the15
district court shall issue an order requiring substantial compliance with16
the provisions of this code. The order shall require the person charged to17
forthwith perform the duty or to desist from the wrongful act or to18
forthwith show cause why the order should not be obeyed. The burden of19
proof is on the petitioner.20
SECTION 6. In Colorado Revised Statutes, 1-1-302, amend21
(1)(b), (2)(b), and (3); and add (1)(d), (1)(e), and (2.5) as follows:22
1-1-302. Persons required to complete certification - deadline.23
(1) The following persons shall obtain certification in accordance with24
this part 3:25
(b) Employees in the clerk and recorder's office who are directly26
responsible for overseeing elections; and27
SB22-153
-7- (d) A DESIGNATED ELECTION OFFICIAL FOR A COUNTY AND A1
COORDINATED ELECTION OFFICIAL FOR A COUNTY ; AND2
(e) E
MPLOYEES IN THE ELECTION DIVISION OF THE DEPARTMENT OF3
STATE AT THE DISCRETION OF THE SECRETARY OF STATE .4
(2) A person required to obtain certification shall:5
(b) Complete the certification requirements within two years
ONE6
YEAR of undertaking the responsibilities for which the person is required7
to obtain certification;
EXCEPT THAT A COUNTY CLERK OR DEPUTY8
COUNTY CLERK MUST COMPLETE THE CERTIFICATION REQUIREMENTS9
REQUIRED BY THIS SECTION WITHIN SIX MONTHS OF TAKING OFFICE OR10
BEFORE SERVING AS THE DESIGNATED ELECTION OFFICIAL FOR A COUNTY11
OR A COORDINATED ELECTION OFFICIAL , WHICHEVER IS SOONER; and12
(2.5) A
PERSON WHO IS REQUIRED TO OBTAIN CERTIFICATION13
PURSUANT TO THIS SECTION SHALL NOT SERVE AS THE DESIGNATED14
ELECTION OFFICIAL FOR A COUNTY OR THE COORDINATED ELECTION15
OFFICIAL FOR A COUNTY UNLESS THE PERSON HAS COMPLETED AND16
MAINTAINED THE CERTIFICATION REQUIRED BY THIS SECTION . THE17
DEPARTMENT OF STATE WILL MAKE COURSES SUFFICIENTLY AVAILABLE TO18
ENABLE PERSONS TO COMPLY WITH THE TIMING REQUIREMENTS FOR19
CERTIFICATION IN THIS SECTION. THE SECRETARY OF STATE MAY WAIVE20
THE REQUIREMENTS OF THIS SUBSECTION (2.5) FOR AN INDIVIDUAL WHO IS21
APPOINTED TO THE ROLE OF CLERK, DEPUTY CLERK, DESIGNATED ELECTION22
OFFICIAL FOR A COUNTY, OR COORDINATED ELECTION OFFICIAL THREE23
MONTHS OR LESS BEFORE AN ELECTION .24
(3) Nothing in this section shall be
IS construed to require an25
elected official to attend a course of instruction or obtain a certification26
as a condition for seeking or holding elective office or as a condition for27
SB22-153
-8- carrying out constitutional and statutory duties.1
SECTION 7. In Colorado Revised Statutes, 1-1-303, amend (1)2
as follows:3
1-1-303. Certification courses. (1) The curriculum for4
certification in accordance with this part 3 shall MUST include courses in5
the following areas:6
(a) General election law;7
(b) The federal "Help America Vote Act of 2002"; and8
(c) Professional development;9
(d) V
OTER REGISTRATION AND LIST MAINTENANCE ;10
(e) A
CCESSIBILITY;11
(f) C
OORDINATED ELECTIONS;12
(g) M
AIL BALLOT AND IN-PERSON VOTING PROCESSES;13
(h) V
OTING SYSTEMS TESTING;14
(i) R
ISK-LIMITING AUDITS;15
(j)
CANVASS; AND16
(k) E
LECTION SECURITY, INCLUDING COMBATING MISINFORMATION17
AND DISINFORMATION RELATED TO THE ADMINISTRATION OF ELECTIONS .18
SECTION 8. In Colorado Revised Statutes, add 1-1-304 as19
follows:20
1-1-304. Qualifications and conduct of election officials. (1) A21
PERSON SHALL NOT SERVE AS THE DESIGNATED ELECTION OFFICIAL FOR A22
COUNTY OR AS THE COORDINATED ELECTION OFFICIAL IF THE PERSON :23
(a) H
AS BEEN CONVICTED OF ANY ELECTION OFFENSE FOUND IN24
ARTICLE 13 OF TITLE 1 OR ANY SIMILAR ELECTION OFFENSE IN ANOTHER25
STATE; OR26
(b) H
AS BEEN CONVICTED OF ANY OFFENSE OR CONSPIRACY TO27
SB22-153
-9- COMMIT SEDITION, INSURRECTION, TREASON, CONSPIRACY TO OVERTHROW1
GOVERNMENT BY USE OF PHYSICAL FORCE OR VIOLENCE , OR ANY SIMILAR2
FEDERAL OFFENSE.3
(2) N
O PERSON, WHILE SERVING AS A DESIGNATED ELECTION4
OFFICIAL FOR A COUNTY OR A COORDINATED ELECTION OFFICIAL OR WHILE5
ACTING AT THE DIRECTION OF SUCH OFFICIAL SHALL KNOWINGLY OR6
RECKLESSLY MAKE, PUBLISH, BROADCAST, OR CIRCULATE OR CAUSE TO BE7
MADE, PUBLISHED, BROADCASTED, OR CIRCULATED IN ANY LETTER ,8
ELECTRONIC POSTING, CIRCULAR, ADVERTISEMENT, OR POSTER OR IN ANY9
OTHER COMMUNICATION ANY FALSE STATEMENT FOR THE PURPOSES OF10
PROMOTING MISINFORMATION OR DISINFORMATION RELATED TO THE11
ADMINISTRATION OF ELECTIONS . NOTWITHSTANDING ANY OTHER12
PROVISION OF LAW, FOR PURPOSES OF THIS SECTION, A PERSON ACTS13
RECKLESSLY WHEN THE PERSON ACTS IN CONSCIOUS DISREGARD OF THE14
TRUTH OR FALSITY OF THE STATEMENT MADE , PUBLISHED, BROADCASTED,15
OR CIRCULATED.16
SECTION 9. In Colorado Revised Statutes, 1-5-607, amend (1);17
and add (1.5) as follows:18
1-5-607. Elected officials not to handle voting equipment or19
devices. (1) In any political subdivision having a population of one20
hundred thousand or more, it is unlawful for any elected official or21
candidate for elective office to prepare, maintain, or repair any voting22
equipment or device that is to be used or is used in any election. The23
provisions of this section shall be limited to actual physical contact with
24
any voting equipment or device or any of its parts and shall not be25
construed as prohibiting an elected official from directing employees or26
other persons who are not elected officials to prepare, maintain, repair, or27
SB22-153
-10- otherwise handle any voting equipment or devices AS REQUIRED FOR AN1
ELECTION OR AN ELECTION-RELATED PURPOSE.2
(1.5) I
N ANY POLITICAL SUBDIVISION HAVING A POPULATION OF3
ONE HUNDRED THOUSAND OR MORE , IT IS UNLAWFUL FOR ANY ELECTED4
OFFICIAL OR CANDIDATE FOR ELECTIVE OFFICE TO HAVE KEY CARD ACCESS5
TO A ROOM WITH ANY VOTING EQUIPMENT OR DEVICE , OR TO BE PRESENT6
IN A ROOM WITH ANY VOTING EQUIPMENT OR DEVICE WITHOUT BEING7
ACCOMPANIED BY ONE OR MORE INDIVIDUALS WITH AUTHORIZED ACCESS .8
SECTION 10. In Colorado Revised Statutes, 1-5-612, amend (1)9
as follows:10
1-5-612. Use of electronic and electromechanical voting11
systems. (1) (a) E
XCEPT AS OTHERWISE PROVIDED IN SUBSECTION (1)(b)12
OF THIS SECTION, the governing body of any political subdivision may,13
upon consultation with the designated election official, adopt an14
electronic or electromechanical voting system, including any upgrade in15
hardware, firmware, or software, for use at the polling locations in the16
political subdivision. The system may be used for recording, counting,17
and tabulating votes at all elections held by the political subdivision.18
(b) F
OR ALL ELECTIONS CONDUCTED UNDER THE "UNIFORM19
E
LECTION CODE OF 1992", THE GOVERNING BODY OF ANY POLITICAL20
SUDIVISION SHALL, UPON CONSULTATION WITH THE DESIGNATED ELECTION21
OFFICIAL, ADOPT AN ELECTRONIC OR ELECTROMECHANICAL VOTING22
SYSTEM TO BE USED FOR TABULATING VOTES AT ALL ELECTIONS HELD BY23
THE POLITICAL SUBDIVISION. THE PROVISIONS OF THIS SUBSECTION (1)(b)24
DO NOT APPLY TO COUNTIES WITH FEWER THAN ONE THOUSAND ACTIVE25
ELECTORS AS OF THE DATE OF THE LAST GENERAL ELECTION .26
SECTION 11. In Colorado Revised Statutes, 1-5-616, add (6) as27
SB22-153
-11- follows:1
1-5-616. Electronic and electromechanical voting systems -2
standards - procedures. (6) A
COUNTY MAY NOT CREATE, PERMIT ANY3
PERSON TO CREATE, OR DISCLOSE TO ANY PERSON AN IMAGE OF THE HARD4
DRIVE OF ANY VOTING SYSTEM COMPONENT WITHOUT THE EXPRESS5
WRITTEN PERMISSION OF THE DEPARTMENT OF STATE .6
SECTION 12. In Colorado Revised Statutes, add 1-7-513.5 as7
follows:8
1-7-513.5. Voting equipment - security. (1) N
O LATER THAN9
J
UNE 30, 2023, THE DESIGNATED ELECTION OFFICIAL SHALL KEEP ALL10
COMPONENTS OF A VOTING SYSTEM IN A LOCATION WHERE ENTRY IS11
CONTROLLED BY USE OF A KEY CARD ACCESS SYSTEM . THE DESIGNATED12
ELECTION OFFICIAL SHALL ENSURE THAT THE LOG CREATED BY THE13
SYSTEM IS MAINTAINED AS AN ELECTION RECORD FOR TWENTY -FIVE14
MONTHS FOLLOWING THE DATE OF ANY ENTRY .15
(2) N
O LATER THAN JUNE 30, 2023, THE DESIGNATED ELECTION16
OFFICIAL SHALL KEEP ALL COMPONENTS OF A VOTING SYSTEM UNDER17
VIDEO SECURITY SURVEILLANCE RECORDING . THE DESIGNATED ELECTION18
OFFICIAL SHALL ENSURE THAT VIDEO CAPTURED BEGINNING SIXTY DAYS19
BEFORE THROUGH THIRTY DAYS AFTER AN ELECTION IN WHICH THE VOTING20
SYSTEM IS USED IS MAINTAINED AS AN ELECTION RECORD FOR21
TWENTY-FIVE MONTHS FOLLOWING THE ELECTION . THE DESIGNATED22
ELECTION OFFICIAL SHALL ENSURE THAT VIDEO CAPTURED OUTSIDE THIS23
PERIOD IS MAINTAINED FOR TWENTY-FIVE MONTHS FOLLOWING THE DATE24
THE VIDEO WAS CAPTURED.25
(3) T
HE DESIGNATED ELECTION OFFICIAL IS NOT REQUIRED TO26
FOLLOW THE REQUIREMENTS OF SUBSECTIONS (1) AND (2) OF THIS SECTION27
SB22-153
-12- WHEN VOTING SYSTEM COMPONENTS ARE DEPLOYED FOR USE AND STORED1
AT A VOTING SERVICE AND POLLING CENTER .2
(4) A
COUNTY CLERK MAY APPLY TO THE SECRETARY OF STATE3
FOR A WAIVER OF THE REQUIREMENTS OF SUBSECTION (1) OF THIS SECTION4
BASED ON HISTORICAL BUILDING STATUS OR SIMILAR PHYSICAL5
LIMITATIONS. IF THE SECRETARY FINDS THE CLERK HAS PROVIDED AN6
ALTERNATIVE EQUIVALENT PHYSICAL SECURITY SYSTEM FOR COMPONENTS7
OF A VOTING SYSTEM, THE SECRETARY OF STATE MAY GRANT THE WAIVER .8
(5) T
HE SECRETARY OF STATE MAY PROMULGATE RULES9
NECESSARY FOR THE IMPLEMENTATION OF THIS SECTION IN ACCORDANCE10
WITH ARTICLE 4 OF TITLE 24.11
(6) F
OR THE 2022-23 STATE FISCAL YEAR, THE GENERAL12
ASSEMBLY SHALL APPROPRIATE FIVE HUNDRED T HOUSAND DOLLARS FROM13
THE GENERAL FUND TO THE DEPARTMENT OF STATE TO ADMINISTER A14
GRANT PROGRAM, WHICH IS HEREBY CREATED AND CONSISTS OF SUCH15
GENERAL FUND APPROPRIATION , TO PROVIDE ASSISTANCE TO COUNTIES IN16
COMPLYING WITH THE SECURITY REQUIREMENTS OF THE "COLORADO17
E
LECTION SECURITY ACT".18
SECTION 13. In Colorado Revised Statutes, 1-10-104, add (3)19
as follows:20
1-10-104. Imperfect returns - corrections. (3) I
F A MAJORITY OF21
A CANVASS BOARD IN A COUNTY IS UNABLE TO OR DOES NOT CERTIFY THE22
ABSTRACT OF VOTES FOR ANY REASON BY THE DEADLINE FOR THE COUNTY23
TO CERTIFY THE ABSTRACT OF VOTES , THE SECRETARY OF STATE SHALL24
REVIEW THE NONCERTIFIED ABSTRACT OF VOTES AND WRITTEN REPORT25
PROVIDED BY THE CANVASS BOARD UNDER SECTION 1-10-101.5 (1)(c). IF,26
AFTER REVIEW, THE SECRETARY OF STATE DETERMINES THAT THE27
SB22-153
-13- NONCERTIFIED ABSTRACT OF VOTES , ALONG WITH THE WRITTEN REPORT ,1
OTHER INFORMATION AND FACTS OF THE CASE PROVIDED BY THE COUNTY ,2
OR INFORMATION REVEALED UPON INVESTIGATION BY THE SECRETARY OF3
STATE IS SUFFICIENTLY EXPLICIT IN SHOWING HOW MANY VOTES WERE4
CAST FOR EACH CANDIDATE, BALLOT QUESTION, OR BALLOT ISSUE, THE5
SECRETARY OF STATE SHALL CERTIFY THE RESULTS FOR THE COUNTY AND6
PROCEED TO CERTIFYING STATE RESULTS UNDER SECTION 1-10-105. THE7
SECRETARY OF STATE MAY DESIGNATE A REGISTERED ELECTOR OF THE8
STATE TO CARRY OUT THE DUTIES REQUIRED BY THIS SECTION .9
SECTION 14. In Colorado Revised Statutes, amend 1-13-114 as10
follows:11
1-13-114. Failure to comply with requirements of secretary of12
state. (1) Any person who willfully interferes or willfully refuses to13
comply with the rules,
ORDERS, OR ACCEPTABLE USE POLICY FOR THE14
STATEWIDE VOTER REGISTRATION SYSTEM of the secretary of state or the15
secretary of state's designated agent in the carrying out of the powers and16
duties prescribed in section 1-1-107 upon conviction shall be punished as
17
provided in section 1-13-111 COMMITS A CLASS 1 MISDEMEANOR AND,18
UPON CONVICTION THEREOF, SHALL BE PUNISHED AS PROVIDED IN SECTION19
18-1.3-501.20
(2) A
NY PERSON WHO WILLFULLY INTERFERES WITH ANY PERSON21
IN NOTIFYING OR OBSTRUCTS ANY PERSON FROM NOTIFYING THE22
DEPARTMENT OF STATE OF A POTENTIAL VIOLATION OF SUBSECTION (1) OF23
THIS SECTION WHEN THE PERSON REASONABLY BELIEVES THAT A24
VIOLATION OF SUBSECTION (1) OF THIS SECTION HAS OCCURRED OR WILL25
OCCUR, OR RETALIATES THEREFORE , UPON CONVICTION SHALL BE26
PUNISHED AS PROVIDED IN SECTION 1-13-111.27
SB22-153
-14- SECTION 15. In Colorado Revised Statutes, amend 1-13-708 as1
follows:2
1-13-708. Tampering with voting equipment - definition.3
(1) Any person who,
AS DETERMINED BY RULES PROMULGATED BY THE4
SECRETARY OF STATE IN ACCORDANCE WITH ARTICLE 4 OF TITLE 24,5
ACCESSES WITHOUT AUTHORIZATION , tampers with, OR FACILITATES THE6
UNAUTHORIZED ACCESS TO OR TAMPERING WITH any electronic or7
electromechanical voting equipment
OR AN ELECTION-NIGHT REPORTING8
SYSTEM before, during, or after any election provided by law with intent
9
to change the tabulation of votes thereon to reflect other than an accurate10
accounting is guilty of a class 1 misdemeanor and, upon conviction11
thereof, shall be punished as provided in section 18-1.3-501. C.R.S. IS12
GUILTY OF A CLASS 5 FELONY AND, UPON CONVICTION THEREOF, SHALL BE13
PUNISHED AS PROVIDED IN SECTION 18-1.3-401.14
(2) A
NY PERSON WHO KNOWINGLY PUBLISHES OR CAUSES TO BE15
PUBLISHED PASSWORDS OR OTHER CONFIDENTIAL INFORMATION RELATING16
TO A VOTING SYSTEM SHALL IMMEDIATELY HAVE THEIR AUTHORIZED17
ACCESS REVOKED AND IS GUILTY OF A CLASS 5 FELONY.18
SECTION 16. Safety clause. The general assembly hereby finds,19
determines, and declares that this act is necessary for the immediate20
preservation of the public peace, health, or safety.21
SB22-153
-15-