Voting system providers - duties.

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(1) A voting system provider under contract to provide a voting system to a political subdivision in this state shall:

  1. Notify the secretary of state of the installation of any hardware, firmware, or softwareprior to the installation or of any change in the election software or the voting system;

  2. Place in escrow with the secretary of state or an independent escrow agent approvedby the secretary of state, immediately after the installation of election software, one copy of the state certified election software that was installed in each political subdivision, along with supporting documentation;

  3. Place in escrow with the secretary of state any subsequent changes to the escrowedelection software or supporting documentation;

  4. Provide to the secretary of state a sworn statement by an officer of the voting systemprovider with legal authority to bind the voting system provider attesting that the election software in escrow is the same as the election software certified for use in its voting systems in this state, and ensure that the statement is true on a continuing basis;

  5. Notify the secretary of state and the designated election official of any political subdivision using its voting system of any defect in the same system known to occur anywhere; and

  6. Notify the secretary of state and the designated election official of any political subdivision using its voting system of any change in the election software or the voting system.

  1. The secretary of state shall promulgate rules in accordance with article 4 of title 24,C.R.S., establishing procedures for voting system providers to comply with this section.

  2. As used in this section, unless the context otherwise requires, "election software"means the software to be installed or residing on election equipment firmware or on election management computers that controls election setup, vote recording, vote tabulation, and reporting.

Source: L. 2005: Entire section added, p. 1408, § 27, effective June 6; entire section added, p. 1443, § 27, effective June 6.


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