(1) After an electronic or electromechanical voting system has been certified by the secretary of state, a political subdivision may not adopt any modification of the system until the modification is certified or approved in accordance with the provisions of subsection (1.5) of this section by the secretary of state. A person desiring approval of a modification shall submit a written application for approval to the secretary of state.
(1.5) Upon receipt of the written application for approval in accordance with subsection (1) of this section, the secretary of state shall undertake a preliminary examination of the proposed modification. In connection with such preliminary review, the secretary shall determine if the proposed modification may cause adverse effects on the security or accuracy of elections. The secretary shall make the determination within forty-five days after receiving the request. If the secretary, upon completion of his or her preliminary review of the request, determines that the proposed modification will cause significant adverse effects, the modification shall be subject to further review under the provisions of subsection (2) of this section. If the secretary determines, upon completion of his or her preliminary review, that the proposed modification causes no adverse effects, the secretary shall approve the modification. If the secretary determines, upon completion of his or her preliminary review, that the proposed modification causes possible adverse effects, the modification shall be subject to further review under the provisions of subsection (4) of this section. Following such additional review, if the secretary determines that any adverse effects of the proposed modification are insignificant, the secretary shall approve the modification. If, however, following such additional review, the secretary determines that the adverse effects of the modification are significant, the modification shall be subject to further review under the provisions of subsection (2) of this section.
The requirements for approval of a modified electronic or electromechanical votingsystem are the same as those prescribed by this part 6 for the initial certification of the system.
The secretary of state shall approve the modified electronic or electromechanicalvoting system by written order if the modified system satisfies the applicable requirements for certification.
If the secretary of state does not approve the modified design, the secretary of stateshall by written order:
Invite the applicant to submit additional information in support of the application,submit the modified electronic or electromechanical voting system itself, or both; or
Require an examination of the modified electronic or electromechanical voting system by independent examiners.
After examining the additional information, the modified electronic or electromechanical voting system, or the report of an independent examiner submitted pursuant to subsection (4) of this section, the secretary of state shall approve the modified system by written order if the system satisfies the applicable requirements for certification.
If a modification to a certified electronic or electromechanical voting system doesnot satisfy the applicable requirements for certification, the secretary of state shall suspend the sale of the system in this state until the system satisfies the requirements for certification.
For purposes of this section, "modification" means a revision or a new release of anelectronic or electromechanical voting system.
Source: L. 2004: Entire section added, p. 1351, § 14, effective May 28. L. 2009: (1) amended and (1.5) added, (HB 09-1335), ch. 260, p. 1192, § 7, effective May 15.
Cross references: For the legislative declaration contained in the 2004 act enacting this section, see section 1 of chapter 334, Session Laws of Colorado 2004.