(1) In addition to the other requirements of this article, the voting system used in each primary, general, coordinated, or congressional district vacancy election held in the state on and after January 1, 2010, shall have the capability to produce a voter-verifiable paper record of each elector's vote. Before an elector's vote is cast, the elector shall have the opportunity, in private and without assistance, to inspect and verify that the voter-verified paper record correctly reflects the elector's choices. Any political subdivision that has not complied with the provisions of this section on or before January 1, 2009, shall comply with such provisions by January 1, 2014.
(2) The requirements of subsection (1) of this section shall apply to each primary, general, coordinated, or congressional district vacancy election conducted by a county clerk and recorder on and after January 1, 2008, if the governing body of the county determines that:
The technology necessary to comply with the requirements of subsection (1) of thissection is available; and
(I) Sufficient federal or state funds are available to acquire or retrofit voting devicesthat comply with the requirements of subsection (1) of this section; or
(II) It is otherwise financially feasible for the county to comply with the requirements of subsection (1) of this section.
Upon satisfaction by a county of the requirements of this section, the voter-verifiedpaper record of each eligible elector's vote, whether filled out by hand or produced by a voting machine or ballot marking device, shall be preserved as an election record pursuant to section 17-802 and shall constitute an official record of the election.
No voting device shall be remotely accessed or remotely accessible until after theclose of voting and a results total tape has been printed, as applicable.
Source: L. 2005: Entire part added, p. 1403, § 22, effective June 6; entire part added, p. 1438, § 22, effective June 6. L. 2009: (1) amended, (HB 09-1335), ch. 260, p. 1194, § 10, effective May 15.