originated by Harvie Branscomb

harvie@electionquality.com  version 1PM April 25, 2021

Definitions in CRS 1-1-104:

“ELECTRONIC RETURN” MEANS ANY METHOD OF DELIVERY OF VOTER INTENT FROM THE VOTER TO THE DESIGNATED ELECTION OFFICIAL FOR WHICH THE PAPER BALLOT OF RECORD IS NOT IN THE PHYSICAL PRESENCE AND CONTROL OF THE VOTER EITHER AT THE TIME THE BALLOT IS MARKED OR WHEN THE MARKS ON THE PAPER BALLOT OF RECORD THAT EXPRESS THE VOTER’S SELECTIONS ARE VERIFIED BY THE VOTER.

“REMOTE ELECTRONIC ASSISTIVE 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 CRS 1-5-706 [this statute about voters with disabilities].

”PAPER BALLOT OF RECORD” MEANS A TANGIBLE, DURABLE, HUMAN-READABLE RECORDING OF VOTER-MADE MARKS ON PAPER INDICATING THE VOTER’S SELECTIONS THAT CAN BE VERIFIED BY THE VOTER BEFORE THE PAPER BALLOT IS CAST AND THAT IS THE RECORD OF VOTES USED FOR TABULATION, AUDITS, AND RECOUNTS.

“CAST” MEANS The final action a voter takes in selecting contest options and irrevocably confirming their intent to vote as selected.

“SOFTWARE INDEPENDENCE” MEANS AN UNDETECTED CHANGE OR FAULT IN SOFTWARE CANNOT CAUSE AN UNDETECTABLE CHANGE OR ERROR IN ANY ELECTION OUTCOME.

Legislative introduction (CRS 1-5-706):

THE GENERAL ASSEMBLY FINDS, DETERMINES, AND DECLARES THAT VOTERS USING REMOTE ELECTRONIC ASSISTIVE 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. THE SECRETARY OF STATE IS THEREFORE REQUIRED TO CERTIFY AND MAY ADD CONDITIONS FOR USE OF REMOTE ELECTRONIC ASSISTIVE VOTING TECHNOLOGY PRIOR TO APPROVING THE ACQUISITION OF SUCH SYSTEMS PURSUANT TO CRS 1-5, PART 6.

Legislative text:

FOR THE PURPOSE OF ASSISTING INDIVIDUALS WITH DISABILITIES WHO ARE ELIGIBLE BUT UNABLE TO VOTE IN PERSON OR 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. THE SECRETARY OF STATE SHALL PROMULGATE RULES CONTAINING DETAILED CRITERIA FOR TEST AND ACCEPTANCE THAT DEPEND UPON THE ASSESSMENT METRICS DEVELOPED PURSUANT TO THIS PARAGRAPH ACCORDING TO 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 BALLOT SECRECY. THE SYSTEM CREATES NO INFORMATION THAT CAN BE USED TO ASSOCIATE A VOTER WITH THE VOTER’S CHOICES;

THE SYSTEM IS SOFTWARE INDEPENDENT AND AN UNDETECTED CHANGE OR FAULT IN COMPONENTS OF THE SYSTEM CANNOT CAUSE UNDETECTABLE ERRORS IN ELECTION OUTCOMES; AND

EACH VOTER CAN VERIFY THAT INTENDED VOTE SELECTIONS WERE CORRECTLY RECEIVED BY THE ELECTION OFFICE.

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, WITH 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 THAT IS SUBJECT TO TITLE 1, DATA QUANTIFYING THE USAGE OF REMOTE ELECTRONIC ASSISTIVE VOTING TECHNOLOGY. USAGE DATA SHALL INCLUDE THE NUMBER OF VOTERS AND NUMBER OF APPLICABLE BALLOTS REPORTED BY COUNTY FOR EACH PHASE OF ELECTRONIC ASSISTANCE: BALLOT FULFILLMENT, MARKING, ELECTRONIC RETURN, AND CURE.