SENATE BILL 22-153
BY SENATOR(S) Fenberg and Priola, Bridges, Buckner, Coleman,
Danielson, Donovan, Fields, Ginal, Gonzales, Hansen, Hinrichsen,
Jaquez Lewis, Kolker, Lee, Moreno, Pettersen, Rodriguez, Story, Winter,
Zenzinger;
also REPRESENTATIVE(S) Lontine, Amabile, Bacon, Bernett, Bird,
Boesenecker, Duran, Esgar, Exum, Gonzales-Gutierrez, Herod, Jodeh,
Kennedy, Kipp, Lindsay, McCluskie, McCormick, Ortiz, Ricks, Sirota,
Titone, Valdez A., Valdez D., Weissman, Garnett.
C
ONCERNING INCREASING INTERNAL ELECTION SECURITY MEASURES , AND,
IN CONNECTION THEREWITH, MAKING AN APPROPRIATION.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Short title. The short title of this act is the "Colorado
Election Security Act".
SECTION 2. Legislative declaration. (1) The general assembly
finds and declares that:
(a) Elections must continue to be free and fair and protected from
those who seek to compromise election officials and the security of
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. Colorado's election processes;
(b) The Colorado secretary of state oversees the conduct of
statewide elections in Colorado as chief election official and is responsible
for ensuring that elections are conducted in compliance with state and
federal law;
(c) County clerks generally serve as designated election officials and
coordinated election officials for their county and are responsible for
ensuring their elections comply with the uniform election code and rules
promulgated by the secretary of state;
(d) County clerks, election officials, and election workers are best
able to conduct and protect elections with proper training and by
implementing consistent security measures, including increased
transparency throughout our elections system and restrictions on access to
secure locations and voting equipment;
(e) Free and fair elections are better supported by clear lines of
authority and the ability of the secretary of state, designated election
officials, and coordinated election officials to use existing powers to
enforce election rules and regulations;
(f) When a controversy or potential violation of state or federal
election law or rule arises, the secretary of state is obligated to respond
quickly to ensure the proper administration of elections;
(g) Elections are better protected by providing clarification and
confirmation of all encompassed enforcement powers held by the secretary
of state and ensuring full compliance with those existing enforcement
powers, including the issuance of rules and election orders;
(h) Elections are better protected when designated election officials
or coordinated election officials are held to the same standard as election
judges which does not allow them to serve if they have been convicted of
an election offense; and
(i) Elections are better protected from outside and inside threats and
those who aim to undermine our elections, by expanding election offenses
and penalties for those offenses.
PAGE 2-SENATE BILL 22-153 SECTION 3. In Colorado Revised Statutes, 1-1-104, amend (11);
and add (21.5) and (49.9) as follows:
1-1-104. Definitions. As used in this code, unless the context
otherwise requires:
(11) "Election records" includes accounting forms, certificates of
registration, pollbooks, certificates of election, signature cards, all
affidavits, voter applications, other voter lists and records, mail ballot return
envelopes, voted ballots, unused ballots, spoiled ballots, and
replacement
ballots,
KEY CARD ACCESS SYSTEM LOGS , AND VIDEO SECURITY
SURVEILLANCE RECORDINGS
.
(21.5) "K
EY CARD ACCESS SYSTEM " MEANS A SYSTEM THAT
CONTROLS PHYSICAL ENTRY INTO A ROOM OR LOCATION BY USE OF A RADIO
FREQUENCY IDENTIFICATION CARD OR SIMILAR DOOR ACCESS SYSTEM AND
PRODUCES A LOG THAT INCLUDES THE NAME
, DATE, AND TIME THAT A
PERSON ENTERS THE ROOM OR AREA
.
(49.9) "V
IDEO SECURITY SURVEILLANCE RECORDING " MEANS VIDEO
MONITORING BY A DEVICE THAT CONTINUOUSLY RECORDS A DESIGNATED
LOCATION OR A SYSTEM USING MOTION DETECTION THAT RECORDS ONE
FRAME OR MORE PER MINUTE UNTIL DETECTION OF MOTION TRIGGERS
CONTINUOUS RECORDING
.
SECTION 4. In Colorado Revised Statutes, 1-1-107, amend (2)(d)
as follows:
1-1-107. Powers and duties of secretary of state - penalty. (2) In
addition to any other powers prescribed by law, the secretary of state has the
following powers:
(d) To enforce the provisions of this code by injunctive action
brought by the attorney general in the district court for the judicial district
in which any violation occurs. U
PON AN ENFORCEMENT ACTION BEING
BROUGHT PURSUANT TO THIS SUBSECTION
(2)(d), THE COURT SHALL
EXPEDITE SCHEDULING AND THE ISSUANCE OF ANY ORDERS SUCH THAT A
FINAL RULING IS MADE WITHIN THIRTY DAYS OF THE ACTION BEING FILED
.
T
HE COURT MAY CONTINUE THE ACTION BEYOND THIRTY DAYS UPON THE
MOTION OF ANY PARTY AND UPON A SHOWING OF GOOD CAUSE
. THE DISTRICT
PAGE 3-SENATE BILL 22-153 COURT PROCEEDINGS MAY BE REVIEWED AND FINALLY ADJUDICATED BY THE
SUPREME COURT OF THIS STATE IF EITHER PARTY MAKES APPLICATION TO
THE SUPREME COURT WITHIN THREE DAYS AFTER THE DISTRICT COURT
PROCEEDINGS ARE TERMINATED
, UNLESS THE SUPREME COURT , IN ITS
DISCRETION
, DECLINES JURISDICTION OF THE CASE. THE SUPREME COURT
SHALL EXPEDITE SCHEDULING AND THE ISSUANCE OF ANY ORDERS SUCH
THAT A FINAL RULING IS MADE WITHIN FOURTEEN DAYS OF AN APPEAL BEING
FILED
. IF THE SUPREME COURT DECLINES TO REVIEW THE PROCEEDINGS , THE
DECISION OF THE DISTRICT COURT IS FINAL AND NOT SUBJECT TO FURTHER
APPELLATE REVIEW
.
SECTION 5. In Colorado Revised Statutes, 1-1-302, amend (1)(b),
(2)(b), and (3); and add (1)(d), (1)(e), (1.5), and (2.5) as follows:
1-1-302. Persons required to complete certification - deadline.
(1) The following persons shall obtain certification in accordance with this
part 3:
(b) Employees in the clerk and recorder's office who are directly
responsible for overseeing elections; and
(d) A DESIGNATED ELECTION OFFICIAL FOR A COUNTY AND A
COORDINATED ELECTION OFFICIAL FOR A COUNTY
; AND
(e) EMPLOYEES IN THE ELECTION DIVISION OF THE DEPARTMENT OF
STATE AT THE DISCRETION OF THE SECRETARY OF STATE
.
(1.5) T
HE SECRETARY OF STATE IS STRONGLY ENCOURAGED TO
OBTAIN CERTIFICATION IN ACCORDANCE WITH THIS PART
3.
(2) A person required to obtain certification shall:
(b) Complete the certification requirements within two years
ONE
YEAR
of undertaking the responsibilities for which the person is required to
obtain certification;
EXCEPT THAT A COUNTY CLERK OR DEPUTY C OUNTY
CLERK MUST COMPLETE THE CERTIFICATION REQUIREMENTS REQUIRED BY
THIS SECTION WITHIN SIX MONTHS OF TAKING OFFICE OR BEFORE SERVING AS
THE DESIGNATED ELECTION OFFICIAL FOR A COUNTY OR A COORDINATED
ELECTION OFFICIAL
, WHICHEVER IS SOONER; and
PAGE 4-SENATE BILL 22-153 (2.5) A PERSON WHO IS REQUIRED TO OBTAIN CERTIFICATION
PURSUANT TO THIS SECTION SHALL NOT SERVE AS THE DESI GNATED
ELECTION OFFICIAL FOR A COUNTY OR THE COORDINATED ELECTION OFFICIAL
FOR A COUNTY UNLESS THE PERSON HAS COMPLETED AND MAINTAINED THE
CERTIFICATION REQUIRED BY THIS SECTION
. THE DEPARTMENT OF STATE
WILL MAKE COURSES SUFFICIENTLY AVAILABLE TO ENABLE PERSONS TO
COMPLY WITH THE TIMING REQUIREMENTS FOR CERTIFICATION IN THIS
SECTION
. THE SECRETARY OF STATE MAY WAIVE THE REQUIREMENTS OF THIS
SUBSECTION
(2.5) FOR AN INDIVIDUAL WHO IS APPOINTED TO THE ROLE OF
CLERK
, DEPUTY CLERK, DESIGNATED ELECTION OFFICIAL FOR A COUNTY , OR
COORDINATED ELECTION OFFICIAL THREE MONTHS OR LESS BEFORE AN
ELECTION
.
(3) Nothing in this section shall be
IS construed to require an elected
official to attend a course of instruction or obtain a certification as a
condition for seeking or holding elective office or as a condition for
carrying out constitutional and statutory
duties.
SECTION 6. In Colorado Revised Statutes, 1-1-303, amend (1) as
follows:
1-1-303. Certification courses. (1) The curriculum for certification
in accordance with this part 3 shall MUST include courses in the following
areas:
(a) General election law;
(b) The federal "Help America Vote Act of 2002"; and
(c) Professional development; (d) V
OTER REGISTRATION AND LIST MAINTENANCE ;
(e) A
CCESSIBILITY;
(f) C
OORDINATED ELECTIONS;
(g) M
AIL BALLOT AND IN-PERSON VOTING PROCESSES;
(h) V
OTING SYSTEMS TESTING;
PAGE 5-SENATE BILL 22-153 (i) RISK-LIMITING AUDITS; AND
(j) CANVASS.
SECTION 7. In Colorado Revised Statutes, add 1-1-304 as
follows:
1-1-304. Qualifications and conduct of election officials. (1) A
PERSON SHALL NOT SERVE AS THE DESIGNATED ELECTION OFFICIAL FOR A
COUNTY OR AS THE COORDINATED ELECTION OFFICIAL IF THE PERSON
:
(a) H
AS BEEN CONVICTED OF ANY ELECTION OFFENSE FOUND IN
ARTICLE
13 OF TITLE 1 OR ANY SIMILAR ELECTION OFFENSE IN ANOTHER
STATE
; OR
(b) HAS BEEN CONVICTED OF COMMITTING OR CONSPIRACY TO
COMMIT SEDITION
, INSURRECTION, TREASON, CONSPIRACY TO OVERTHROW
GOVERNMENT BY USE OF PHYSICAL FORCE OR VIOLENCE
, OR ANY SIMILAR
FEDERAL OFFENSE
.
SECTION 8. In Colorado Revised Statutes, 1-5-603, amend (2)(b)
as follows:
1-5-603. Adoption and payment for voting machines.
(2) (b) Each county that uses a voting system in an instant runoff voting
election pursuant to a license obtained by the secretary of state in
accordance with subsection (2)(a) of this section shall reimburse the
secretary of state for its proportionate share of the cost of the annual
statewide license for that year. The secretary of state shall invoice any
county that uses the voting system in an instant runoff voting election for
its share of the cost as a proportion of the total number of counties that used
the system pursuant to the statewide license in that year NUMBER OF
REGISTERED ACTIVE VOTERS IN ALL PARTICIPATING MUNICIPALITIES IN THAT
COUNTY COMPARED TO THE TOTAL NUMBER OF REGISTERED ACTIVE VOTERS
IN ALL PARTICIPATING MUNICIPALITIES IN THE STATE AS DETERMINED BY THE
SECRETARY OF STATE PURSUANT TO THIS SECTION
.
SECTION 9. In Colorado Revised Statutes, 1-5-607, amend (1);
and add (1.5) as follows:
PAGE 6-SENATE BILL 22-153 1-5-607. Elected officials not to handle voting equipment or
devices. (1) In any political subdivision having a population of one
hundred thousand or more, it is unlawful for any elected official or
candidate for elective office to prepare, maintain, or repair any voting
equipment or device that is to be used or is used in any election. The
provisions of this section shall be limited to actual physical contact with any
voting equipment or device or any of its parts and shall not be construed as
prohibiting an elected official from directing employees or other persons
who are not elected officials to prepare, maintain, repair, or otherwise
handle any voting equipment or devices
AS REQUIRED FOR AN ELECTION OR
AN ELECTION
-RELATED PURPOSE.
(1.5) I
N ANY POLITICAL SUBDIVISION HAVING A POPULATION OF ONE
HUNDRED THOUSAND OR MORE
, IT IS UNLAWFUL FOR ANY ELECTED OFFICIAL,
ANY CANDIDATE FOR ELECTIVE OFFICE , OR THE SECRETARY OF STATE TO
HAVE KEY CARD ACCESS TO A ROOM WITH COMPONENTS OF A VOTING
SYSTEM
, OR TO BE PRESENT IN A ROOM WITH COMPONENTS OF A VOTING
SYSTEM WITHOUT BEING ACCOMPANIED BY ONE OR MORE INDIVIDUALS WITH
AUTHORIZED ACCESS
. THIS SUBSECTION (1.5) DOES NOT APPLY WHEN VOTING
SYSTEM COMPONENTS ARE DEPLOYED FOR USE OR STORED AT A VOTING
SERVICE AND POLLING CENTER
.
SECTION 10. In Colorado Revised Statutes, 1-5-612, amend (1)
as follows:
1-5-612. Use of electronic and electromechanical voting systems.
(1) (a) E
XCEPT AS OTHERWISE PROVIDED IN SUBSECTION (1)(b) OF THIS
SECTION
, the governing body of any political subdivision may, upon
consultation with the designated election official, adopt an electronic or
electromechanical voting system, including any upgrade in hardware,
firmware, or software, for use at the polling locations in the political
subdivision. The system may be used for recording, counting, and tabulating
votes at all elections held by the political subdivision.
(b) F
OR ALL ELECTIONS CONDUCTED UNDER THE "UNIFORM
ELECTION CODE OF 1992", THE GOVERNING BODY OF ANY POLITICAL
SUBDIVISION SHALL
, UPON CONSULTATION WITH THE DESIGNATED ELECTION
OFFICIAL
, ADOPT AN ELECTRONIC OR ELECTROMECHANICAL VOTING SYSTEM
TO BE USED FOR TABULATING VOTES AT ALL ELECTIONS HELD BY THE
POLITICAL SUBDIVISION
. THE PROVISIONS OF THIS SUBSECTION (1)(b) DO NOT
PAGE 7-SENATE BILL 22-153 APPLY TO COUNTIES WITH FEWER THAN ONE THOUSAND ACTIVE ELECTORS
AS OF THE DATE OF THE LAST GENERAL ELECTION
.
SECTION 11. In Colorado Revised Statutes, 1-5-616, add (6) as
follows:
1-5-616. Electronic and electromechanical voting systems -
standards - procedures. (6) A
COUNTY MAY NOT CREATE , PERMIT ANY
PERSON TO CREATE
, OR DISCLOSE TO ANY PERSON AN IMAGE OF THE HARD
DRIVE OF ANY VOTING SYSTEM COMPONENT WIT HOUT THE EXPRESS WRITTEN
PERMISSION OF THE DEPARTMENT OF STATE
.
SECTION 12. In Colorado Revised Statutes, 1-7-507, amend (6)
as follows:
1-7-507. Electronic vote-counting - procedure. (6) If for any
reason it becomes impracticable to count all or a part of the ballots with
electronic vote-tabulating equipment, the designated election official may
direct that they A SOFTWARE OR HARDWARE MALFUNCTION MAKES IT
IMPOSSIBLE TO COUNT ALL OR A PART OF THE BALLOTS WITH ELECTRONIC
VOTE
-TABULATING EQUIPMENT , THE SECRETARY OF STATE , AFTER
CONSULTATION WITH THE DESIGNATED ELECTION OFFICIAL
, MAY PERMIT THE
DESIGNATED ELECTION OFFICIAL TO DIRECT THAT SUCH BALLOTS
be counted
manually, following as far as practicable the provisions governing the
counting of paper ballots as provided in 1-7-307.
SECTION 13. In Colorado Revised Statutes, add 1-7-513.5 as
follows:
1-7-513.5. Voting equipment - security. (1) E
XCEPT AS
OTHERWISE PROVIDED IN SUBSECTION
(5) OF THIS SECTION, NO LATER THAN
JUNE 30, 2023, THE DESIGNATED ELECTION OFFICIAL SHALL KEEP ALL
COMPONENTS OF A VOTING SYSTEM IN A LOCATION WHERE ENTRY IS
CONTROLLED BY USE OF A KEY CARD ACCESS SYSTEM
. THE DESIGNATED
ELECTION OFFICIAL SHALL ENSURE THAT THE LOG CREATED BY THE SYSTEM
IS MAINTAINED AS AN ELECTION RECORD FOR TWENTY
-FIVE MONTHS
FOLLOWING THE DATE OF ANY ENTRY
.
(2) E
XCEPT AS OTHERWISE PROVIDED IN SUBSECTION (5) OF THIS
SECTION
, NO LATER THAN JUNE 30, 2023, THE DESIGNATED ELECTION
PAGE 8-SENATE BILL 22-153 OFFICIAL SHALL KEEP ALL COMPONENTS OF A VOTING SYSTEM UNDER VIDEO
SECURITY SURVEILLANCE RECORDING
. THE DESIGNATED ELECTION OFFICIAL
SHALL ENSURE THAT VIDEO CAPTURED BEGINNING SIXTY DAYS BEFORE
THROUGH THIRTY DAYS AFTER AN ELECTION IN WHICH THE VOTING SYSTEM
IS USED IS MAINTAINED AS AN ELECTION RECORD FOR TWENTY
-FIVE MONTHS
FOLLOWING THE ELECTION
. THE DESIGNATED ELECTION OFFICIAL SHALL
ENSURE THAT VIDEO CAPTURED OUTSIDE THIS PERIOD IS MAINTAINED FOR
TWENTY
-FIVE MONTHS FOLLOWING THE DATE THE VIDEO WAS CAPTURED .
(3) T
HE DESIGNATED ELECTION OFFICIAL IS NOT REQUIRED TO
FOLLOW THE REQUIREMENTS OF SUBSECTIONS
(1) AND (2) OF THIS SECTION
WHEN VOTING SYSTEM COMPONENTS ARE DEPLOYED FOR USE OR STORED AT
A VOTING SERVICE AND POLLING CENTER
.
(4) A
COUNTY CLERK MAY APPLY TO THE SECRETARY OF STATE FOR
A WAIVER OF THE REQUIREMENTS OF SUBSECTION
(1) OF THIS SECTION BASED
ON HISTORICAL BUILDING STATUS OR SIMILAR PHYSICAL LIMITATIONS
. IF THE
SECRETARY FINDS THE CLERK HAS PROVIDED AN ALTERNATIVE EQUIVALENT
PHYSICAL SECURITY SYSTEM FOR COMPONENTS OF A VOTING SYSTEM
, THE
SECRETARY OF STATE MAY GRANT THE WAIVER
.
(5) I
F THE DESIGNATED ELECTION OFFICIAL IS UNABLE TO SATISFY
THE REQUIREMENTS OF SUBSECTIONS
(1) AND (2) OF THIS SECTION BY JUNE
30, 2023, DUE TO DELAYS IN THE DELIVERY OF NECESSARY EQUIPMENT THAT
ARE OUT OF THE CONTROL OF THE DESIGNATED ELECTION OFFICIAL
, THE
DESIGNATED ELECTION OFFICIAL SHALL NOTIFY AND PROVIDE PROOF OF THE
DELAY TO THE SECRETARY OF STATE
, AND THE DESIGNATED ELECTION
OFFICIAL IS REQUIRED TO SATISFY THE REQUIREMENTS OF SUBSECTIONS
(1)
AND (2) OF THIS SECTION AS SOON AS PRACTICABLE.
(6) T
HE SECRETARY OF STATE MAY PROMULGATE RULES NECESSARY
FOR THE IMPLEMENTATION OF THIS SECTION IN ACCORDANCE WITH ARTICLE
4 OF TITLE 24.
(7) (a) F
OR THE 2022-23 STATE FISCAL YEAR, THE GENERAL
ASSEMBLY SHALL APPROPRIATE
:
(I) O
NE MILLION DOLLARS FROM THE GENERAL FUND TO THE
DEPARTMENT OF STATE TO ADMINISTER A GRANT PROGRAM
, WHICH IS
HEREBY CREATED AND CONSISTS OF SUCH GENERAL FUND APPROPRIATION
,
PAGE 9-SENATE BILL 22-153 TO PROVIDE ASSISTANCE TO COUNTIES IN COMPLYING WITH THE SECURITY
REQUIREMENTS OF THE
"COLORADO ELECTION SECURITY ACT";
(II) O
NE HUNDRED SEVENTEEN THOUSAND DOLLARS FROM THE
DEPARTMENT OF STATE CASH FUND TO THE DEPARTMENT OF STATE TO ASSIST
THE STATE AND COUNTIES WITH ASSESSING POTENTIAL RISKS TO THE PROPER
ADMINISTRATION OF ELECTIONS
.
(b) F
OR THE 2023-24 STATE FISCAL YEAR AND EACH STATE FISCAL
YEAR THEREAFTER
, THE GENERAL ASSEMBLY SHALL MAKE APPROPRIATIONS
FROM THE DEPARTMENT OF STATE CASH FUND TO THE DEPARTMENT OF
STATE FOR THE PURPOSE OF ASSISTING THE STATE AND COUNTIES WITH
ASSESSING POTENTIAL RISKS TO THE PROPER ADMINISTRATION OF ELECTIONS
.
SECTION 14. In Colorado Revised Statutes, 1-10-104, add (3) as
follows:
1-10-104. Imperfect returns - corrections. (3) I
F 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 DEADLINE FOR THE COUNTY
TO CERTIFY THE ABSTRACT OF VOTES
, THE SECRETARY OF STATE SHALL
REVIEW THE NONCERTIFIED ABSTRACT OF VOTES AND WRITTEN REPORT
PROVIDED BY THE CANVASS BOARD UNDER SECTION
1-10-101.5 (1)(c). IF,
AFTER REVIEW, THE SECRETARY OF STATE DETERMINES THAT THE
NONCERTIFIED ABSTRACT OF VOTES
, ALONG WITH THE WRITTEN REPORT ,
OTHER INFORMATION AND FACTS OF THE CASE PROVIDED BY THE C OUNTY ,
OR INFORMATION REVEALED UPON INVESTIGATION BY THE SECRETARY OF
STATE IS CLEAR AND CONVINCING IN SHOWING HOW MANY VOTES WERE CAST
FOR EACH CANDIDATE
, BALLOT QUESTION , OR BALLOT ISSUE , THE
SECRETARY OF STATE SHALL CERTIFY THE RESULTS FOR THE COUNTY AND
PROCEED TO CERTIFYING STATE RESULTS UNDER SECTION
1-10-105. AFTER
CONSULTATION WITH THE BOARD OF COUNTY COMMISSIONERS
, THE
SECRETARY OF STATE MAY DESIGNATE A REGISTERED ELECTOR OF THE STATE
TO CARRY OUT THE DUTIES REQUIRED BY THIS SECTION
.
SECTION 15. In Colorado Revised Statutes, amend 1-13-114 as
follows:
1-13-114. Failure to comply with requirements of secretary of
state. (1) Any person who willfully interferes or willfully refuses to comply
PAGE 10-SENATE BILL 22-153 with the rules, ORDERS, OR ACCEPTABLE USE POLICY FOR THE STATEWIDE
VOTER REGISTRATION SYSTEM
of the secretary of state or the secretary of
state's designated agent in the carrying out of the powers and duties
prescribed in section 1-1-107 upon conviction shall be punished as provided
in section 1-13-111 COMMITS A CLASS 1 MISDEMEANOR AND , UPON
CONVICTION THEREOF
, SHALL BE PUNISHED AS PROVIDED IN SECTION
18-1.3-501.
(2) A
NY PERSON WHO WILLFULLY INTERFERES WITH ANY PERSON IN
NOTIFYING OR OBSTRUCTS ANY PERSON FROM NOTIFYING THE DEPARTMENT
OF STATE OF A POTENTIAL VIOLATION OF SUBSECTION
(1) OF THIS SECTION
WHEN THE PERSON REASONABLY BELIEVES THAT A VIOLATION OF
SUBSECTION
(1) OF THIS SECTION HAS OCCURRED OR WILL OCCUR , OR
RETALIATES THEREFORE
, UPON CONVICTION SHALL BE PUNISHED AS
PROVIDED IN SECTION
1-13-111.
SECTION 16. In Colorado Revised Statutes, amend 1-13-708 as
follows:
1-13-708. Tampering with voting equipment - definition.
(1) Any person who,
AS DETERMINED BY RULES PROMULGATED BY THE
SECRETARY OF STATE IN ACCORDANCE WITH ARTICLE
4 OF TITLE 24,
ACCESSES WITHOUT AUTHORIZATION , tampers with, OR FACILITATES THE
UNAUTHORIZED ACCESS TO OR TAMPERING WITH
any electronic or
electromechanical voting equipment
OR AN ELECTION-NIGHT REPORTING
SYSTEM
before, during, or after any election provided by law with intent to
change the tabulation of votes thereon to reflect other than an accurate
accounting is guilty of a class 1 misdemeanor and, upon conviction thereof,
shall be punished as provided in section 18-1.3-501. C.R.S. IS GUILTY OF A
CLASS
5 FELONY AND, UPON CONVICTION THEREOF, SHALL BE PUNISHED AS
PROVIDED IN SECTION
18-1.3-401.
(2) A
NY PERSON WHO KNOWINGLY PUBLISHES OR CAUSES TO BE
PUBLISHED PASSWORDS OR OTHER CONFIDENTIAL INFORMATION RELATING
TO A VOTING SYSTEM SHALL IMMEDIATELY HAVE THEIR AUTHORIZED ACCESS
REVOKED AND IS GUILTY OF A CLASS
5 FELONY.
SECTION 17. Appropriation. (1) For the 2022-23 state fiscal
year, $1,000,000 is appropriated to the department of state for use by the
elections division. This appropriation is from the general fund. To
PAGE 11-SENATE BILL 22-153 implement this act, the division may use this appropriation for local election
security grants.
(2) For the 2022-23 state fiscal year, $117,000 is appropriated to the
department of state for use by the administration division. This
appropriation is from the department of state cash fund created in section
24-21-104 (3)(b), C.R.S. To implement this act, the department may use this
appropriation for personal services.
SECTION 18. Safety clause. The general assembly hereby finds,
PAGE 12-SENATE BILL 22-153 determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety.
____________________________ ____________________________
Steve Fenberg Alec Garnett
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Cindi L. Markwell Robin Jones
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 13-SENATE BILL 22-153