(1) As used in this section, unless the context otherwise requires, "election setup records" means the electronic records generated by election tabulation software during election setup to define ballots, tabulation instructions, and other functions related to the election.
At the conclusion of programming and after it has been determined that a votingsystem is in proper working order and ready for voting, the designated election official shall deposit a copy of the election setup records for a county, statewide, or congressional vacancy election with the secretary of state no later than 5:00 p.m. on the seventh day before the election.
If the election setup records are modified or altered after they are submitted to thesecretary of state, the designated election official shall immediately report the change to the secretary of state and deposit the modified election setup records with the secretary of state no later than noon on the day of the election.
The secretary of state shall retain election setup records for six months, after whichthe secretary of state shall return the election setup records to the designated election official. The designated election official shall retain the election setup records for the period of time for which the designated election official is required to retain official election records.
Election setup records deposited with the secretary of state shall not be used for anypurpose, except as directed by the secretary of state or ordered by a court. The tape, diskette, cartridge, or other magnetic or electronic storage medium containing election setup records deposited with the secretary of state shall be kept in a secure location when not being used for an official purpose in accordance with this subsection (5).
The secretary of state shall promulgate rules in accordance with article 4 of title 24,C.R.S., to implement this section.
Notwithstanding any other provision of law, election setup records deposited with thesecretary of state pursuant to this section shall not be public records for purposes of article 72 of title 24, C.R.S.
Source: L. 2005: Entire section added, p. 1406, § 27, effective June 6; entire section added, p. 1442, § 27, effective June 6.