Second Regular Session
Seventy-third General Assembly
STATE OF COLORADO
REVISED
This Version Includes All Amendments Adopted
on Second Reading in the Second House
LLS NO. 22-0414.01 Nicole Myers x4326
SENATE BILL 22-153
Senate Committees House Committees
State, Veterans, & Military Affairs State, Civic, Military, & Veterans Affairs
Appropriations 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
HOUSE
Amended 2nd Reading
May 4, 2022
SENATE
3rd Reading Unamended
March 25, 2022
SENATE
Amended 2nd Reading
March 24, 2022
SENATE SPONSORSHIP
Fenberg and Priola, Bridges, Buckner, Coleman, Danielson, Donovan, Fields, Ginal,
Gonzales, Hansen, Hinrichsen, Jaquez Lewis, Kolker, Lee, Moreno, Pettersen, Rodriguez,
Story, Winter, Zenzinger
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
SECTION 8. In Colorado Revised Statutes, 1-5-603, amend15
(2)(b) as follows:16
1-5-603. Adoption and payment for voting machines.17
(2) (b) Each county that uses a voting system in an instant runoff voting18
election pursuant to a license obtained by the secretary of state in19
accordance with subsection (2)(a) of this section shall reimburse the20
secretary of state for its proportionate share of the cost of the annual21
statewide license for that year. The secretary of state shall invoice any22
county that uses the voting system in an instant runoff voting election for23
its share of the cost as a proportion of the total number of counties that24
used the system pursuant to the statewide license in that year NUMBER OF25
REGISTERED ACTIVE VOTERS IN ALL PARTICIPATING MUNICIPALITIES IN26
THAT COUNTY COMPARED TO THE TOTAL NUMBER OF REGISTERED ACTIVE27
153
-9- VOTERS IN ALL PARTICIPATING MUNICIPALITIES IN THE STATE AS1
DETERMINED BY THE SECRETARY OF STATE PURSUANT TO THIS SECTION.2
3
SECTION 9. In Colorado Revised Statutes, 1-5-607, amend (1);4
and add (1.5) as follows:5
1-5-607. Elected officials not to handle voting equipment or6
devices. (1) In any political subdivision having a population of one7
hundred thousand or more, it is unlawful for any elected official or8
candidate for elective office to prepare, maintain, or repair any voting9
equipment or device that is to be used or is used in any election. The10
provisions of this section shall be limited to actual physical contact with11
any voting equipment or device or any of its parts and shall not be12
construed as prohibiting an elected official from directing employees or13
other persons who are not elected officials to prepare, maintain, repair, or14
otherwise handle any voting equipment or devices
AS REQUIRED FOR AN15
ELECTION OR AN ELECTION-RELATED PURPOSE.16
(1.5) I
N ANY POLITICAL SUBDIVISION HAVING A POPULATION OF17
ONE HUNDRED THOUSAND OR MORE , IT IS UNLAWFUL FOR ANY ELECTED18
OFFICIAL, ANY CANDIDATE FOR ELECTIVE OFFICE, OR THE SECRETARY OF
19
STATE TO HAVE KEY CARD ACCESS TO A ROOM WITH COMPONENTS OF A20
VOTING SYSTEM, OR TO BE PRESENT IN A ROOM WITH COMPONENTS OF A21
VOTING SYSTEM WITHOUT BEING ACCOMPANIED BY ONE OR MORE22
INDIVIDUALS WITH AUTHORIZED ACCESS. THIS SUBSECTION (1.5) DOES NOT23
APPLY WHEN VOTING SYSTEM COMPONENTS ARE DEPLOYED FOR USE OR24
STORED AT A VOTING SERVICE AND POLLING CENTER .25
SECTION 10. In Colorado Revised Statutes, 1-5-612, amend (1)26
as follows:27
153
-10- 1-5-612. Use of electronic and electromechanical voting1
systems. (1) (a) E
XCEPT AS OTHERWISE PROVIDED IN SUBSECTION (1)(b)2
OF THIS SECTION, the governing body of any political subdivision may,3
upon consultation with the designated election official, adopt an4
electronic or electromechanical voting system, including any upgrade in5
hardware, firmware, or software, for use at the polling locations in the6
political subdivision. The system may be used for recording, counting,7
and tabulating votes at all elections held by the political subdivision.8
(b) F
OR ALL ELECTIONS CONDUCTED UNDER THE "UNIFORM9
E
LECTION CODE OF 1992", THE GOVERNING BODY OF ANY POLITICAL10
SUDIVISION SHALL, UPON CONSULTATION WITH THE DESIGNATED ELECTION11
OFFICIAL, ADOPT AN ELECTRONIC OR ELECTROMECHANICAL VOTING12
SYSTEM TO BE USED FOR TABULATING VOTES AT ALL ELECTIONS HELD BY13
THE POLITICAL SUBDIVISION. THE PROVISIONS OF THIS SUBSECTION (1)(b)14
DO NOT APPLY TO COUNTIES WITH FEWER THAN ONE THOUSAND ACTIVE15
ELECTORS AS OF THE DATE OF THE LAST GENERAL ELECTION .16
SECTION
11. In Colorado Revised Statutes, 1-5-616, add (6) as17
follows:18
1-5-616. Electronic and electromechanical voting systems -19
standards - procedures. (6) A
COUNTY MAY NOT CREATE, PERMIT ANY20
PERSON TO CREATE, OR DISCLOSE TO ANY PERSON AN IMAGE OF THE HARD21
DRIVE OF ANY VOTING SYSTEM COMPONENT WITHOUT THE EXPRESS22
WRITTEN PERMISSION OF THE DEPARTMENT OF STATE .23
SECTION
12. In Colorado Revised Statutes, 1-7-507, amend (6)24
as follows:25
1-7-507. Electronic vote-counting - procedure. (6) If for any26
reason it becomes impracticable to count all or a part of the ballots with27
153
-11- electronic vote-tabulating equipment, the designated election official may1
direct that they A SOFTWARE OR HARDWARE MALFUNCTION MAKES IT2
IMPOSSIBLE TO COUNT ALL OR A PART OF THE BALLOTS WITH ELECTRONIC3
VOTE-TABULATING EQUIPMENT , THE SECRETARY OF STATE , AFTER4
CONSULTATION WITH THE DESIGNATED ELECTION OFFICIAL , MAY PERMIT5
THE DESIGNATED ELECTION OFFICIAL TO DIRECT THAT SUCH BALLOTS be6
counted manually, following as far as practicable the provisions7
governing the counting of paper ballots as provided in 1-7-307.8
SECTION 13. In Colorado Revised Statutes, add 1-7-513.5 as9
follows:10
1-7-513.5. Voting equipment - security. (1) E
XCEPT AS
11
OTHERWISE PROVIDED IN SUBSECTION (5) OF THIS SECTION, NO LATER12
THAN JUNE 30, 2023, THE DESIGNATED ELECTION OFFICIAL SHALL KEEP13
ALL COMPONENTS OF A VOTING SYSTEM IN A LOCATION WHERE ENTRY IS14
CONTROLLED BY USE OF A KEY CARD ACCESS SYSTEM . THE DESIGNATED15
ELECTION OFFICIAL SHALL ENSURE THAT THE LOG CREATED BY THE16
SYSTEM IS MAINTAINED AS AN ELECTION RECORD FOR TWENTY -FIVE17
MONTHS FOLLOWING THE DATE OF ANY ENTRY .18
(2) E
XCEPT AS OTHERWISE PROVIDED IN SUBSECTION (5) OF THIS
19
SECTION, NO LATER THAN JUNE 30, 2023, THE DESIGNATED ELECTION20
OFFICIAL SHALL KEEP ALL COMPONENTS OF A VOTING SYSTEM UNDER21
VIDEO SECURITY SURVEILLANCE RECORDING . THE DESIGNATED ELECTION22
OFFICIAL SHALL ENSURE THAT VIDEO CAPTURED BEGINNING SIXTY DAYS23
BEFORE THROUGH THIRTY DAYS AFTER AN ELECTION IN WHICH THE VOTING24
SYSTEM IS USED IS MAINTAINED AS AN ELECTION RECORD FOR25
TWENTY-FIVE MONTHS FOLLOWING THE ELECTION . THE DESIGNATED26
ELECTION OFFICIAL SHALL ENSURE THAT VIDEO CAPTURED OUTSIDE THIS27
153
-12- PERIOD IS MAINTAINED FOR TWENTY-FIVE MONTHS FOLLOWING THE DATE1
THE VIDEO WAS CAPTURED.2
(3) T
HE DESIGNATED ELECTION OFFICIAL IS NOT REQUIRED TO3
FOLLOW THE REQUIREMENTS OF SUBSECTIONS (1) AND (2) OF THIS SECTION4
WHEN VOTING SYSTEM COMPONENTS ARE DEPLOYED FOR USE OR
STORED5
AT A VOTING SERVICE AND POLLING CENTER .6
(4) A
COUNTY CLERK MAY APPLY TO THE SECRETARY OF STATE7
FOR A WAIVER OF THE REQUIREMENTS OF SUBSECTION (1) OF THIS SECTION8
BASED ON HISTORICAL BUILDING STATUS OR SIMILAR PHYSICAL9
LIMITATIONS. IF THE SECRETARY FINDS THE CLERK HAS PROVIDED AN10
ALTERNATIVE EQUIVALENT PHYSICAL SECURITY SYSTEM FOR COMPONENTS11
OF A VOTING SYSTEM, THE SECRETARY OF STATE MAY GRANT THE WAIVER .12
(5) I
F THE DESIGNATED ELECTION OFFICIAL IS UNABLE TO SATISFY
13
THE REQUIREMENTS OF SUBSECTIONS (1) AND (2) OF THIS SECTION BY JUNE14
30,
2023, DUE TO DELAYS IN THE DELIVERY OF NECESSARY EQUIPMENT
15
THAT ARE OUT OF THE CONTROL OF THE DESIGNATED ELECTION OFFICIAL ,16
THE DESIGNATED ELECTION OFFICIAL SHALL NOTIFY AND PROVIDE PROOF17
OF THE DELAY TO THE SECRETARY OF STATE , AND THE DESIGNATED18
ELECTION OFFICIAL IS REQUIRED TO SATISFY THE REQUIREMENTS OF19
SUBSECTIONS (1) AND (2) OF THIS SECTION AS SOON AS PRACTICABLE.20
(6) THE SECRETARY OF STATE MAY PROMULGATE RULES21
NECESSARY FOR THE IMPLEMENTATION OF THIS SECTION IN ACCORDANCE22
WITH ARTICLE 4 OF TITLE 24.23
(7) (a) FOR THE 2022-23 STATE FISCAL YEAR, THE GENERAL24
ASSEMBLY SHALL APPROPRIATE :25
(I) ONE MILLION DOLLARS FROM THE GENERAL FUND TO THE26
DEPARTMENT OF STATE TO ADMINISTER A GRANT PROGRAM , WHICH IS27
153
-13- HEREBY CREATED AND CONSISTS OF SUCH GENERAL F UND APPROPRIATION ,1
TO PROVIDE ASSISTANCE TO COUNTIES IN COMPLYING WITH THE SECURITY2
REQUIREMENTS OF THE "COLORADO ELECTION SECURITY ACT";3
(II) ONE HUNDRED SEVENTEEN THOUSAND DOLLARS FROM THE4
DEPARTMENT OF STATE CASH FUND TO THE DEPARTMENT OF STATE TO5
ASSIST THE STATE AND COUNTIES WITH ASSESSING POTENTIAL RISKS TO6
THE PROPER ADMINISTRATION OF ELECTIONS .7
(b) FOR THE 2023-24 STATE FISCAL YEAR AND EACH STATE FISCAL8
YEAR THEREAFTER , THE GENERAL ASSEMBLY SHALL MAKE9
APPROPRIATIONS FROM THE DEPARTMENT OF STATE CASH FUND TO THE10
DEPARTMENT OF STATE FOR THE PURPOSE OF ASSISTING THE STATE AND11
COUNTIES WITH ASSESSING POTENTI AL RISKS TO THE PROPER12
ADMINISTRATION OF ELECTIONS.13
SECTION 14. In Colorado Revised Statutes, 1-10-104, add (3)14
as follows:15
1-10-104. Imperfect returns - corrections. (3) I
F A MAJORITY OF16
A CANVASS BOARD IN A COUNTY IS UNABLE TO OR DOES NOT CERTIFY THE17
ABSTRACT OF VOTES FOR ANY REASON BY THE DEADLINE FOR THE COUNTY18
TO CERTIFY THE ABSTRACT OF VOTES , THE SECRETARY OF STATE SHALL19
REVIEW THE NONCERTIFIED ABSTRACT OF VOTES AND WRITTEN REPORT20
PROVIDED BY THE CANVASS BOARD UNDER SECTION 1-10-101.5 (1)(c). IF,21
AFTER REVIEW, THE SECRETARY OF STATE DETERMINES THAT THE22
NONCERTIFIED ABSTRACT OF VOTES , ALONG WITH THE WRITTEN REPORT ,23
OTHER INFORMATION AND FACTS OF THE CASE PROVIDED BY THE COUNTY ,24
OR INFORMATION REVEALED UPON INVESTIGATION BY THE SECRETARY OF25
STATE IS SUFFICIENTLY EXPLICIT IN SHOWING HOW MANY VOTES WERE26
CAST FOR EACH CANDIDATE, BALLOT QUESTION, OR BALLOT ISSUE, THE27
153
-14- SECRETARY OF STATE SHALL CERTIFY THE RESULTS FOR THE COUNTY AND1
PROCEED TO CERTIFYING STATE RESULTS UNDER SECTION 1-10-105. AFTER2
CONSULTATION WITH THE BOARD OF COUNTY COMMISSIONERS , THE3
SECRETARY OF STATE MAY DESIGNATE A REGISTERED ELECTOR OF THE4
STATE TO CARRY OUT THE DUTIES REQUIRED BY THIS SECTION .5
SECTION 15. In Colorado Revised Statutes, amend 1-13-114 as6
follows:7
1-13-114. Failure to comply with requirements of secretary of8
state. (1) Any person who willfully interferes or willfully refuses to9
comply with the rules,
ORDERS, OR ACCEPTABLE USE POLICY FOR THE10
STATEWIDE VOTER REGISTRATION SYSTEM of the secretary of state or the11
secretary of state's designated agent in the carrying out of the powers and12
duties prescribed in section 1-1-107 upon conviction shall be punished as
13
provided in section 1-13-111 COMMITS A CLASS 1 MISDEMEANOR AND,14
UPON CONVICTION THEREOF, SHALL BE PUNISHED AS PROVIDED IN SECTION15
18-1.3-501.16
(2) A
NY PERSON WHO WILLFULLY INTERFERES WITH ANY PERSON17
IN NOTIFYING OR OBSTRUCTS ANY PERSON FROM NOTIFYING THE18
DEPARTMENT OF STATE OF A POTENTIAL VIOLATION OF SUBSECTION (1) OF19
THIS SECTION WHEN THE PERSON REASONABLY BELIEVES THAT A20
VIOLATION OF SUBSECTION (1) OF THIS SECTION HAS OCCURRED OR WILL21
OCCUR, OR RETALIATES THEREFORE , UPON CONVICTION SHALL BE22
PUNISHED AS PROVIDED IN SECTION 1-13-111.23
SECTION
16. In Colorado Revised Statutes, amend 1-13-708 as24
follows:25
1-13-708. Tampering with voting equipment - definition.26
(1) Any person who,
AS DETERMINED BY RULES PROMULGATED BY THE27
153
-15- SECRETARY OF STATE IN ACCORDANCE WITH ARTICLE 4 OF TITLE 24,1
ACCESSES WITHOUT AUTHORIZATION , tampers with, OR FACILITATES THE2
UNAUTHORIZED ACCESS TO OR TAMPERING WITH any electronic or3
electromechanical voting equipment
OR AN ELECTION-NIGHT REPORTING4
SYSTEM before, during, or after any election provided by law with intent
5
to change the tabulation of votes thereon to reflect other than an accurate6
accounting is guilty of a class 1 misdemeanor and, upon conviction7
thereof, shall be punished as provided in section 18-1.3-501. C.R.S. IS8
GUILTY OF A CLASS 5 FELONY AND, UPON CONVICTION THEREOF, SHALL BE9
PUNISHED AS PROVIDED IN SECTION 18-1.3-401.10
(2) A
NY PERSON WHO KNOWINGLY PUBLISHES OR CAUSES TO BE11
PUBLISHED PASSWORDS OR OTHER CONFIDENTIAL INFORMATION RELATING12
TO A VOTING SYSTEM SHALL IMMEDIATELY HAVE THEIR AUTHORIZED13
ACCESS REVOKED AND IS GUILTY OF A CLASS 5 FELONY.14
SECTION
17. Appropriation. (1) For the 2022-23 state fiscal15
year, $1,000,000 is appropriated to the department of state for use by the16
elections division. This appropriation is from the general fund. To17
implement this act, the division may use this appropriation for local18
election security grants.19
(2) For the 2022-23 state fiscal year, $117,000 is appropriated to20
the department of state for use by the administration division. This21
appropriation is from the department of state cash fund created in section22
24-21-104 (3)(b), C.R.S. To implement this act, the department may use23
this appropriation for personal services.24
SECTION 18. Safety clause. The general assembly hereby finds,25
determines, and declares that this act is necessary for the immediate26
preservation of the public peace, health, or safety.27
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