Proposed Amendment for Colorado SB21-250 (May 3, 2021, 11:47am)
Definitions in C.R.S. 1-1-104:
“CAST” MEANS THE FINAL ACTION A VOTER TAKES IN SELECTING CONTEST OPTIONS AND IRREVOCABLY CONFIRMING THEIR INTENT TO VOTE AS SELECTED.
“ELECTRONIC RETURN” MEANS ANY METHOD OF DELIVERY OF VOTER INTENT FROM THE VOTER TO THE DESIGNATED ELECTION OFFICIAL FOR WHICH THE PAPER BALLOT INTENDED FOR TABULATION, AUDIT AND RECOUNT IS NOT IN THE PHYSICAL PRESENCE AND CONTROL OF THE VOTER PRIOR TO THE ACT OF CASTING.
“REMOTE ELECTRONIC VOTING TECHNOLOGY” MEANS A DEVICE OR SOFTWARE OR COMBINATION OF BOTH THAT IS USED FOR ANY COMBINATION OF THE FOLLOWING: (i) TO ASSESS THE ELIGIBILITY OF A PERSON, (ii) AUTHENTICATE A VOTER, (iii) CAPTURE VOTER INTENT, (iv) RETURN VOTES FOR TABULATION, AND/OR (v) CURE APPLICABLE ELIGIBILITY DISCREPANCIES, WHEN SUCH DEVICE AND/OR SOFTWARE IS USED FOR PURPOSES OF C.R.S. 1-5.5-101 AND C.R.S. 1-5-706 AND C.R.S. 1-7.5-115.
“SOFTWARE INDEPENDENT” MEANS AN UNDETECTED CHANGE OR FAULT IN SOFTWARE CANNOT CAUSE AN UNDETECTABLE CHANGE OR ERROR IN ANY ELECTION OUTCOME.
Add New Section: 1-5-624 – Rules applicable to testing, conditions for use, and reporting of use of remote electronic voting technology and related components – legislative declaration
THE GENERAL ASSEMBLY FINDS, DETERMINES, AND DECLARES THAT VOTERS USING REMOTE ELECTRONIC VOTING TECHNOLOGY PROVIDED BY THE DESIGNATED ELECTION OFFICIAL DESERVE PROTECTION OF THE PRIVACY, ACCURACY, AND INTEGRITY OF THEIR VOTES NO LESS THAN THE PROTECTIONS AFFORDED VOTERS WHO DO NOT CHOOSE TO USE THE TECHNOLOGY.
BY ENACTING THIS SECTION, THE SECRETARY OF STATE IS REQUIRED TO CERTIFY AND MAY ADD CONDITIONS FOR USE OF REMOTE ELECTRONIC VOTING TECHNOLOGY PRIOR TO APPROVING THE ACQUISITION OF SUCH SYSTEMS PURSUANT TO CRS TITLE 1, ARTICLE 5, PART 6.
FOR THE PURPOSE OF ASSISTING CERTAIN INDIVIDUALS WITH SPECIAL NEEDS WHO ARE ELIGIBLE BUT UNABLE TO VOTE IN PERSON OR TIMELY RETURN A PAPER BALLOT IN A SIGNED SEALED ENVELOPE AND WHO SPECIFICALLY REQUIRE ELECTRONIC RETURN OF VOTER INTENT, THE SECRETARY OF STATE SHALL ESTABLISH A TESTING PROGRAM THAT WILL ASSESS THE ACCURACY OF CAPTURE OF VOTER INTENT, THE AUTHENTICITY AND ELIGIBILITY OF THE VOTER, SECURITY AGAINST INTRUSION, BALLOT ANONYMITY, AND USABILITY FOR SPECIFIC DISABILITIES AND OTHER USE CASES. THE SECRETARY OF STATE SHALL PROMULGATE RULES CONTAINING DETAILED CRITERIA FOR TEST AND ACCEPTANCE BEFORE USE THAT DEPEND UPON THE ASSESSMENT METRICS DEVELOPED PURSUANT TO THIS PARAGRAPH AND THAT INCLUDE THE FOLLOWING CRITERIA:
- THE SYSTEM IS SECURE FROM HACKING AND MALWARE, INCLUDING ON THE CLIENT, ON THE SERVER, AND VIA MAN-IN-THE-MIDDLE ATTACKS;
- THE SYSTEM INCLUDES EFFECTIVE VOTER AUTHENTICATION;
- THE SYSTEM PROTECTS ANONYMITY OF VOTER INTENT. THE SYSTEM CREATES NO INFORMATION THAT CAN BE USED TO ASSOCIATE A VOTER WITH THE VOTER’S CHOICES;
- THE SYSTEM IS SOFTWARE INDEPENDENT AND, SIMILARLY, AN UNDETECTED CHANGE OR FAULT IN COMPONENTS OF THE SYSTEM CANNOT CAUSE UNDETECTABLE ERRORS IN ELECTION OUTCOMES; AND
- THE DESIGNATED ELECTION OFFICIAL WILL CONFIRM THE RECEIPT AND ACCEPTANCE-FOR-TABULATION STATUS WITH EACH VOTER WHO IS USING ELECTRONIC RETURN.
THE DESIGN OF AN ASSISTIVE VOTING SYSTEM, INCLUDING METHODS OF VERIFICATION BY ANYONE PRIOR TO VOTING AND BY VOTERS WHILE AND AFTER VOTING, SHALL BE PUBLICLY DISCLOSED, INCLUDING SOURCE CODE, AND ANY OTHER INFORMATION NECESSARY TO VERIFY THAT THE DESIGN MEETS THE CRITERIA LISTED ABOVE AND THAT THE IMPLEMENTATION FAITHFULLY EMBODIES THE DESIGN.
THE SECRETARY OF STATE SHALL PUBLISH ON ITS WEBSITE THE CRITERIA AND RESULTS OF ANY ASSESSMENT MADE PURSUANT TO THIS SECTION AND SHALL ALSO PUBLISH, FOR EACH ELECTION, DATA QUANTIFYING THE USAGE OF REMOTE ELECTRONIC VOTING TECHNOLOGY. USAGE DATA SHALL INCLUDE THE NUMBER OF VOTERS AND NUMBER OF APPLICABLE BALLOTS REPORTED BY COUNTY FOR EACH ELECTRONIC PHASE: UNVOTED BALLOT DELIVERY TO VOTER, MARKING, ELECTRONIC RETURN, AND CURE.