Second Regular Session
Seventy-third General Assembly
STATE OF COLORADO
ENGROSSED
This Version Includes All Amendments Adopted
on Second Reading in the House of Introduction
LLS NO. 22-0414.01 Nicole Myers x4326
SENATE BILL 22-153
Senate Committees House Committees
State, Veterans, & Military Affairs
Appropriations
A BILL FOR AN ACT
C
ONCERNING INCREASING INTERNAL ELECTION SECURITY MEASURES ,
101
AND, IN CONNECTION THEREWITH , MAKING AN APPROPRIATION .102
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
SENATE
Amended 2nd Reading
March 24, 2022
SENATE SPONSORSHIP
Fenberg and Priola,
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. and the supreme court, if applicable, to expedite scheduling and the
issuance of any orders in connection with an enforcement action so a final
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
153
-2- be used for tabulating votes at all elections held by the political
subdivision. This requirement does not apply to counties with fewer than
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
153
-3- will immediately have their authorized access revoked and is guilty of a
class 5 felony.
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
153-4- (f) When a controversy or potential violation of state or federal1
election law or rule arises, the secretary of state is obligated to respond2
quickly to ensure the proper administration of elections;3
(g) Elections are better protected by providing clarification and4
confirmation of all encompassed enforcement powers held by the5
secretary of state and ensuring full compliance with those existing6
enforcement powers, including the issuance of rules and election orders;7
(h) Elections are better protected when designated election8
officials or coordinated election officials are held to the same standard as9
election judges which does not allow them to serve if they have been10
convicted of an election offense; and11
(i) Elections are better protected from outside and inside threats12
and those who aim to undermine our elections, by expanding election13
offenses and penalties for those offenses.14
SECTION 3. In Colorado Revised Statutes, 1-1-104, amend (11);15
and add (21.5) and (49.9) as follows:16
1-1-104. Definitions. As used in this code, unless the context17
otherwise requires:18
(11) "Election records" includes accounting forms, certificates of19
registration, pollbooks, certificates of election, signature cards, all20
affidavits, voter applications, other voter lists and records, mail ballot21
return envelopes, voted ballots, unused ballots, spoiled ballots, and22
replacement ballots,
KEY CARD ACCESS SYSTEM LOGS , AND VIDEO23
SECURITY SURVEILLANCE RECORDINGS .24
(21.5) "K
EY CARD ACCESS SYSTEM " MEANS A SYSTEM THAT25
CONTROLS PHYSICAL ENTRY INTO A ROOM OR LOCATION BY USE OF A26
RADIO FREQUENCY IDENTIFICATION CARD OR SIMILAR DOOR ACCESS27
153
-5- SYSTEM AND PRODUCES A LOG THAT INCLUDES THE NAME , DATE, AND TIME1
THAT A PERSON ENTERS THE ROOM OR AREA .2
(49.9) "V
IDEO SECURITY SURVEILLANCE RECORDING " MEANS3
VIDEO MONITORING BY A DEVICE THAT CONTINUOUSLY RECORDS A4
DESIGNATED LOCATION OR A SYSTEM USING MOTION DETECTION THAT5
RECORDS ONE FRAME OR MORE PER MINUTE UNTIL DETECTION OF MOTION6
TRIGGERS CONTINUOUS RECORDING .7
SECTION 4. In Colorado Revised Statutes, 1-1-107, amend8
(2)(d) as follows:9
1-1-107. Powers and duties of secretary of state - penalty.10
(2) In addition to any other powers prescribed by law, the secretary of11
state has the following powers:12
(d) To enforce the provisions of this code by injunctive action13
brought by the attorney general
in the district court for the judicial14
district in which any violation occurs. U
PON AN ENFORCEMENT ACTION15
BEING BROUGHT PURSUANT TO THIS SUBSECTION (2)(d), THE COURT SHALL16
EXPEDITE SCHEDULING AND THE ISSUANCE OF ANY ORDERS SUCH THAT A17
FINAL RULING IS MADE WITHIN THIRTY DAYS OF THE ACTION BEING FILED .18
T
HE COURT MAY CONTINUE THE ACTION BEYOND THIRTY DAYS UPON THE19
MOTION OF ANY PARTY AND UPON A SHOWING OF GOOD CAUSE . THE20
DISTRICT COURT PROCEEDINGS MAY BE REVIEWED AND FINALLY21
ADJUDICATED BY THE SUPREME COURT OF THIS STATE IF EITHER PARTY22
MAKES APPLICATION TO THE SUPREME COURT WITHIN THREE DAYS AFTER23
THE DISTRICT COURT PROCEEDINGS ARE TERMINATED , UNLESS THE24
SUPREME COURT, IN ITS DISCRETION, DECLINES JURISDICTION OF THE CASE.25
T
HE SUPREME COURT SHALL EXPEDITE SCHEDULING AND THE ISS UANCE OF26
ANY ORDERS SUCH THAT A FINAL RULING IS MADE WITHIN FOURTEEN DAYS27
153
-6- OF AN APPEAL BEING FILED. IF THE SUPREME COURT DECLINES TO REVIEW1
THE PROCEEDINGS, THE DECISION OF THE DISTRICT COURT IS FINAL AND2
NOT SUBJECT TO FURTHER APPELLATE REVIEW .3
4
SECTION 5. In Colorado Revised Statutes, 1-1-302, amend5
(1)(b), (2)(b), and (3); and add (1)(d), (1)(e), and (2.5) as follows:6
1-1-302. Persons required to complete certification - deadline.7
(1) The following persons shall obtain certification in accordance with8
this part 3:9
(b) Employees in the clerk and recorder's office who are directly10
responsible for overseeing elections; and11
(d) A
DESIGNATED ELECTION OFFICIAL FOR A COUNTY AND A12
COORDINATED ELECTION OFFICIAL FOR A COUNTY ; AND13
(e) E
MPLOYEES IN THE ELECTION DIVISION OF THE DEPARTMENT OF14
STATE AT THE DISCRETION OF THE SECRETARY OF STATE .15
(2) A person required to obtain certification shall:16
(b) Complete the certification requirements within two years
ONE17
YEAR of undertaking the responsibilities for which the person is required18
to obtain certification;
EXCEPT THAT A COUNTY CLERK OR DEPUTY19
COUNTY CLERK MUST COMPLETE THE CERTIFICATION REQUIREMENTS20
REQUIRED BY THIS SECTION WITHIN SIX MONTHS OF TAKING OFFICE OR21
BEFORE SERVING AS THE DESIGNATED ELECTION OFFICIAL FOR A COUNTY22
OR A COORDINATED ELECTION OFFICIAL , WHICHEVER IS SOONER; and23
(2.5) A
PERSON WHO IS REQUIRED TO OBTAIN CERTIFICATION24
PURSUANT TO THIS SECTION SHALL NOT SERVE AS THE DESIGNATED25
ELECTION OFFICIAL FOR A COUNTY OR THE COORDINATED ELECTION26
OFFICIAL FOR A COUNTY UNLESS THE PERSON HAS COMPLETED AND27
153
-7- MAINTAINED THE CERTIFICATION REQUIRED BY THIS SECTION . THE1
DEPARTMENT OF STATE WILL MAKE COURSES SUFFICIENTLY AVAILABLE TO2
ENABLE PERSONS TO COMPLY WITH THE TIMING REQUIREMENTS FOR3
CERTIFICATION IN THIS SECTION. THE SECRETARY OF STATE MAY WAIVE4
THE REQUIREMENTS OF THIS SUBSECTION (2.5) FOR AN INDIVIDUAL WHO IS5
APPOINTED TO THE ROLE OF CLERK, DEPUTY CLERK, DESIGNATED ELECTION6
OFFICIAL FOR A COUNTY, OR COORDINATED ELECTION OFFICIAL THREE7
MONTHS OR LESS BEFORE AN ELECTION .8
(3) Nothing in this section shall be IS construed to require an9
elected official to attend a course of instruction or obtain a certification10
as a condition for seeking or holding elective office or as a condition for11
carrying out constitutional and statutory duties.12
SECTION 6. In Colorado Revised Statutes, 1-1-303, amend (1)13
as follows:14
1-1-303. Certification courses. (1) The curriculum for15
certification in accordance with this part 3 shall MUST include courses in16
the following areas:17
(a) General election law;18
(b) The federal "Help America Vote Act of 2002"; and19
(c) Professional development;20
(d) V
OTER REGISTRATION AND LIST MAINTENANCE ;21
(e) A
CCESSIBILITY;22
(f) C
OORDINATED ELECTIONS;23
(g) M
AIL BALLOT AND IN-PERSON VOTING PROCESSES;24
(h) V
OTING SYSTEMS TESTING;25
(i) R
ISK-LIMITING AUDITS;26
(j)
CANVASS; AND27
153
-8- (k) ELECTION SECURITY, INCLUDING COMBATING MISINFORMATION1
AND DISINFORMATION RELATED TO THE ADMINISTRATION OF ELECTIONS .2
SECTION 7. In Colorado Revised Statutes, add 1-1-304 as3
follows:4
1-1-304. Qualifications and conduct of election officials. (1) A5
PERSON SHALL NOT SERVE AS THE DESIGNATED ELECTION OFFICIAL FOR A6
COUNTY OR AS THE COORDINATED ELECTION OFFICIAL IF THE PERSON :7
(a) H
AS BEEN CONVICTED OF ANY ELECTION OFFENSE FOUND IN8
ARTICLE 13 OF TITLE 1 OR ANY SIMILAR ELECTION OFFENSE IN ANOTHER9
STATE; OR10
(b) H
AS BEEN CONVICTED OF COMMITTING
OR CONSPIRACY TO11
COMMIT SEDITION, INSURRECTION, TREASON, CONSPIRACY TO OVERTHROW12
GOVERNMENT BY USE OF PHYSICAL FORCE OR VIOLENCE , OR ANY SIMILAR13
FEDERAL OFFENSE.14
15
SECTION 8. In Colorado Revised Statutes, 1-5-607, amend (1);16
and add (1.5) as follows:17
1-5-607. Elected officials not to handle voting equipment or18
devices. (1) In any political subdivision having a population of one19
hundred thousand or more, it is unlawful for any elected official or20
candidate for elective office to prepare, maintain, or repair any voting21
equipment or device that is to be used or is used in any election. The22
provisions of this section shall be limited to actual physical contact with23
any voting equipment or device or any of its parts and shall not be24
construed as prohibiting an elected official from directing employees or25
other persons who are not elected officials to prepare, maintain, repair, or26
otherwise handle any voting equipment or devices
AS REQUIRED FOR AN27
153
-9- ELECTION OR AN ELECTION-RELATED PURPOSE.1
(1.5) I
N ANY POLITICAL SUBDIVISION HAVING A POPULATION OF2
ONE HUNDRED THOUSAND OR MORE , IT IS UNLAWFUL FOR ANY ELECTED3
OFFICIAL, ANY CANDIDATE FOR ELECTIVE OFFICE, OR THE SECRETARY OF
4
STATE TO HAVE KEY CARD ACCESS TO A ROOM WITH COMPONENTS OF A5
VOTING SYSTEM, OR TO BE PRESENT IN A ROOM WITH COMPONENTS OF A6
VOTING SYSTEM WITHOUT BEING ACCOMPANIED BY ONE OR MORE7
INDIVIDUALS WITH AUTHORIZED ACCESS . THIS SUBSECTION (1.5) DOES NOT8
APPLY WHEN VOTING SYSTEM COMPONENTS ARE DEPLOYED FOR USE OR9
STORED AT A VOTING SERVICE AND POLLING CENTER .10
SECTION 9. In Colorado Revised Statutes, 1-5-612, amend (1)11
as follows:12
1-5-612. Use of electronic and electromechanical voting13
systems. (1) (a) E
XCEPT AS OTHERWISE PROVIDED IN SUBSECTION (1)(b)14
OF THIS SECTION, the governing body of any political subdivision may,15
upon consultation with the designated election official, adopt an16
electronic or electromechanical voting system, including any upgrade in17
hardware, firmware, or software, for use at the polling locations in the18
political subdivision. The system may be used for recording, counting,19
and tabulating votes at all elections held by the political subdivision.20
(b) F
OR ALL ELECTIONS CONDUCTED UNDER THE "UNIFORM21
E
LECTION CODE OF 1992", THE GOVERNING BODY OF ANY POLITICAL22
SUDIVISION SHALL, UPON CONSULTATION WITH THE DESIGNATED ELECTION23
OFFICIAL, ADOPT AN ELECTRONIC OR ELECTROMECHANICAL VOTING24
SYSTEM TO BE USED FOR TABULATING VOTES AT ALL ELECTIONS HELD BY25
THE POLITICAL SUBDIVISION. THE PROVISIONS OF THIS SUBSECTION (1)(b)26
DO NOT APPLY TO COUNTIES WITH FEWER THAN ONE THOUSAND ACTIVE27
153
-10- ELECTORS AS OF THE DATE OF THE LAST GENERAL ELECTION .1
SECTION 10. In Colorado Revised Statutes, 1-5-616, add (6) as2
follows:3
1-5-616. Electronic and electromechanical voting systems -4
standards - procedures. (6) A
COUNTY MAY NOT CREATE, PERMIT ANY5
PERSON TO CREATE, OR DISCLOSE TO ANY PERSON AN IMAGE OF THE HARD6
DRIVE OF ANY VOTING SYSTEM COMPONENT WITHOUT THE EXPRESS7
WRITTEN PERMISSION OF THE DEPARTMENT OF STATE .8
SECTION 11. In Colorado Revised Statutes, 1-7-507, amend (6)
9
as follows:10
1-7-507. Electronic vote-counting - procedure. (6) If for any11
reason it becomes impracticable to count all or a part of the ballots with12
electronic vote-tabulating equipment, the designated election official may13
direct that they A SOFTWARE OR HARDWARE MALFUNCTION MAKES IT14
IMPOSSIBLE TO COUNT ALL OR A PART OF THE BALLOTS WITH ELECTRONIC15
VOTE-TABULATING EQUIPMENT , THE SECRETARY OF STATE , AFTER16
CONSULTATION WITH THE DESIGNATED ELECTION OFFICIAL , MAY PERMIT17
THE DESIGNATED ELECTION OFFICIAL TO DIRECT THAT SUCH BALLOTS be18
counted manually, following as far as practicable the provisions19
governing the counting of paper ballots as provided in 1-7-307.20
SECTION 12. In Colorado Revised Statutes, add 1-7-513.5 as21
follows:22
1-7-513.5. Voting equipment - security. (1) E
XCEPT AS
23
OTHERWISE PROVIDED IN SUBSECTION (5) OF THIS SECTION, NO LATER24
THAN JUNE 30, 2023, THE DESIGNATED ELECTION OFFICIAL SHALL KEEP25
ALL COMPONENTS OF A VOTING SYSTEM IN A LOCATION WHERE ENTRY IS26
CONTROLLED BY USE OF A KEY CARD ACCESS SYSTEM . THE DESIGNATED27
153
-11- ELECTION OFFICIAL SHALL ENSURE THAT THE LOG CREATED BY THE1
SYSTEM IS MAINTAINED AS AN ELECTION RECORD FOR TWENTY -FIVE2
MONTHS FOLLOWING THE DATE OF ANY ENTRY .3
(2) E
XCEPT AS OTHERWISE PROVIDED IN SUBSECTION (5) OF THIS
4
SECTION, NO LATER THAN JUNE 30, 2023, THE DESIGNATED ELECTION5
OFFICIAL SHALL KEEP ALL COMPONENTS OF A VOTING SYSTEM UNDER6
VIDEO SECURITY SURVEILLANCE RECORDING . THE DESIGNATED ELECTION7
OFFICIAL SHALL ENSURE THAT VIDEO CAPTURED BEGINNING SIXTY DAYS8
BEFORE THROUGH THIRTY DAYS AFTER AN ELECTION IN WHICH THE VOTING9
SYSTEM IS USED IS MAINTAINED AS AN ELECTION RECORD FOR10
TWENTY-FIVE MONTHS FOLLOWING THE ELECTION . THE DESIGNATED11
ELECTION OFFICIAL SHALL ENSURE THAT VIDEO CAPTURED OUTSIDE THIS12
PERIOD IS MAINTAINED FOR TWENTY-FIVE MONTHS FOLLOWING THE DATE13
THE VIDEO WAS CAPTURED.14
(3) T
HE DESIGNATED ELECTION OFFICIAL IS NOT REQUIRED TO15
FOLLOW THE REQUIREMENTS OF SUBSECTIONS (1) AND (2) OF THIS SECTION16
WHEN VOTING SYSTEM COMPONENTS ARE DEPLOYED FOR USE OR
STORED17
AT A VOTING SERVICE AND POLLING CENTER .18
(4) A
COUNTY CLERK MAY APPLY TO THE SECRETARY OF STATE19
FOR A WAIVER OF THE REQUIREMENTS OF SUBSECTION (1) OF THIS SECTION20
BASED ON HISTORICAL BUILDING STATUS OR SIMILAR PHYSICAL21
LIMITATIONS. IF THE SECRETARY FINDS THE CLERK HAS PROVIDED AN22
ALTERNATIVE EQUIVALENT PHYSICAL SECURITY SYSTEM FOR COMPONENTS23
OF A VOTING SYSTEM, THE SECRETARY OF STATE MAY GRANT THE WAIVER .24
(5) I
F THE DESIGNATED ELECTION OFFICIAL IS UNABLE TO SATISFY
25
THE REQUIREMENTS OF SUBSECTIONS (1) AND (2) OF THIS SECTION BY JUNE26
30,
2023, DUE TO DELAYS IN THE DELIVERY OF NECESSARY EQUIPMENT
27
153
-12- THAT ARE OUT OF THE CONTROL OF THE DESIGNATED ELECTION OFFICIAL ,1
THE DESIGNATED ELECTION OFFICIAL SHALL NOTIFY AND PROVIDE PROOF2
OF THE DELAY TO THE SECRETARY OF STATE , AND THE DESIGNATED3
ELECTION OFFICIAL IS REQUIRED TO SATISFY THE REQUIREMENTS OF4
SUBSECTIONS (1) AND (2) OF THIS SECTION AS SOON AS PRACTICABLE.5
(6) THE SECRETARY OF STATE MAY PROMULGATE RULES6
NECESSARY FOR THE IMPLEMENTATION OF THIS SECTION IN ACCORDANCE7
WITH ARTICLE 4 OF TITLE 24.8
(7) FOR THE 2022-23 STATE FISCAL YEAR, THE GENERAL9
ASSEMBLY SHALL APPROPRIATE FIVE HUNDRED THOUSAND DOLLARS FROM10
THE GENERAL FUND TO THE DEPARTMENT OF STATE TO ADMINISTER A11
GRANT PROGRAM, WHICH IS HEREBY CREATED AND CONSISTS OF SUCH12
GENERAL FUND APPROPRIATION , TO PROVIDE ASSISTANCE TO COUNTIES IN13
COMPLYING WITH THE SECURITY REQUIREMENTS OF THE "COLORADO14
E
LECTION SECURITY ACT".15
SECTION 13. In Colorado Revised Statutes, 1-10-104, add (3)16
as follows:17
1-10-104. Imperfect returns - corrections. (3) I
F A MAJORITY OF18
A CANVASS BOARD IN A COUNTY IS UNABLE TO OR DOES NOT CERTIFY THE19
ABSTRACT OF VOTES FOR ANY REASON BY THE DEADLINE FOR THE COUNTY20
TO CERTIFY THE ABSTRACT OF VOTES , THE SECRETARY OF STATE SHALL21
REVIEW THE NONCERTIFIED ABSTRACT OF VOTES AND WRITTEN REPORT22
PROVIDED BY THE CANVASS BOARD UNDER SECTION 1-10-101.5 (1)(c). IF,23
AFTER REVIEW, THE SECRETARY OF STATE DETERMINES THAT THE24
NONCERTIFIED ABSTRACT OF VOTES , ALONG WITH THE WRITTEN REPORT ,25
OTHER INFORMATION AND FACTS OF THE CASE PROVIDED BY THE COUNTY ,26
OR INFORMATION REVEALED UPON INVESTIGATION BY THE SECRETARY OF27
153
-13- STATE IS SUFFICIENTLY EXPLICIT IN SHOWING HOW MANY VOTES WERE1
CAST FOR EACH CANDIDATE , BALLOT QUESTION, OR BALLOT ISSUE, THE2
SECRETARY OF STATE SHALL CERTIFY THE RESULTS FOR THE COUNTY AND3
PROCEED TO CERTIFYING STATE RESULTS UNDER SECTION 1-10-105. AFTER4
CONSULTATION WITH THE BOARD OF COUNTY COMMISSIONERS , THE5
SECRETARY OF STATE MAY DESIGNATE A REGISTERED ELECTOR OF THE6
STATE TO CARRY OUT THE DUTIES REQUIRED BY THIS SECTION .7
SECTION 14. In Colorado Revised Statutes, amend 1-13-114 as8
follows:9
1-13-114. Failure to comply with requirements of secretary of10
state. (1) Any person who willfully interferes or willfully refuses to11
comply with the rules,
ORDERS, OR ACCEPTABLE USE POLICY FOR THE12
STATEWIDE VOTER REGISTRATION SYSTEM of the secretary of state or the13
secretary of state's designated agent in the carrying out of the powers and14
duties prescribed in section 1-1-107 upon conviction shall be punished as
15
provided in section 1-13-111 COMMITS A CLASS 1 MISDEMEANOR AND,16
UPON CONVICTION THEREOF, SHALL BE PUNISHED AS PROVIDED IN SECTION17
18-1.3-501.18
(2) A
NY PERSON WHO WILLFULLY INTERFERES WITH ANY PERSON19
IN NOTIFYING OR OBSTRUCTS ANY PERSON FROM NOTIFYING THE20
DEPARTMENT OF STATE OF A POTENTIAL VIOLATION OF SUBSECTION (1) OF21
THIS SECTION WHEN THE PERSON REASONABLY BELIEVES THAT A22
VIOLATION OF SUBSECTION (1) OF THIS SECTION HAS OCCURRED OR WILL23
OCCUR, OR RETALIATES THEREFORE , UPON CONVICTION SHALL BE24
PUNISHED AS PROVIDED IN SECTION 1-13-111.25
SECTION 15. In Colorado Revised Statutes, amend 1-13-708 as26
follows:27
153
-14- 1-13-708. Tampering with voting equipment - definition.1
(1) Any person who,
AS DETERMINED BY RULES PROMULGATED BY THE2
SECRETARY OF STATE IN ACCORDANCE WITH ARTICLE 4 OF TITLE 24,3
ACCESSES WITHOUT AUTHORIZATION , tampers with, OR FACILITATES THE4
UNAUTHORIZED ACCESS TO OR TAMPERING WITH any electronic or5
electromechanical voting equipment
OR AN ELECTION-NIGHT REPORTING6
SYSTEM before, during, or after any election provided by law with intent
7
to change the tabulation of votes thereon to reflect other than an accurate8
accounting is guilty of a class 1 misdemeanor and, upon conviction9
thereof, shall be punished as provided in section 18-1.3-501. C.R.S. IS10
GUILTY OF A CLASS 5 FELONY AND, UPON CONVICTION THEREOF, SHALL BE11
PUNISHED AS PROVIDED IN SECTION 18-1.3-401.12
(2) A
NY PERSON WHO KNOWINGLY PUBLISHES OR CAUSES TO BE13
PUBLISHED PASSWORDS OR OTHER CONFIDENTIAL INFORMATION RELATING14
TO A VOTING SYSTEM SHALL IMMEDIATELY HAVE THEIR AUTHORIZED15
ACCESS REVOKED AND IS GUILTY OF A CLASS 5 FELONY.16
SECTION 16. Appropriation. For the 2022-23 state fiscal year,
17
$500,000 is appropriated to the department of state for use by the18
elections division. This appropriation is from the general fund. To19
implement this act, the division may use this appropriation for local20
election security grants.21
SECTION 17. Safety clause. The general assembly hereby finds,22
determines, and declares that this act is necessary for the immediate23
preservation of the public peace, health, or safety.24
153
-15-