HOUSE BILL 08-1155
      
      
      BY REPRESENTATIVE(S) Balmer and Marshall, Benefield, Borodkin,
      Butcher, Carroll M., Casso, Gallegos, Gardner B., Garza-Hicks, Green,
      Jahn, Kerr J., King, Labuda, Lambert, Looper, Lundberg, Marostica,
      Massey, McNulty, Mitchell V., Peniston, Pommer, Rose, Sonnenberg,
      Stafford, Summers, Todd, White, Witwer, and Levy;
      also SENATOR(S) Gordon and Johnson, Kester, Romer, Schultheis,
      Shaffer, Spence, and Taylor.
      
      
      Concerning the authority of the secretary of state to continue
           the certification process for voting systems retested by the
           secretary of state in 2007.
       
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  Part 6 of article 5 of title 1, Colorado Revised
      Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:
      
           1-5-622.  Special rules applicable to 2007 retesting of voting
      systems - repeal.  (1)  Legislative declaration.  The general assembly
      hereby finds and declares that:
      
           (a)  The integrity of elections depends on voting systems
      that are accurate, secure, and accessible.
      
           (b)  Recent testing of voting systems used in Colorado by
      the secretary of state revealed potential problems with some
      voting systems, and some voting systems were decertified by the
      secretary of state on December 17, 2007.
      
           (c)  County clerks and recorders need to know within thirty
      days after the effective date of this section which voting systems
      they may use in the primary and general elections in 2008.
      
           (2)  Authority of secretary of state to continue certification
      process.  In addition to the secretary of state's authority under
      section 1-5-621 (6) and (7) and without relaxing existing standards,
      the secretary of state may amend or rescind any of the orders
      issued by the secretary of state on December 17, 2007, regarding
      the certification of voting systems.  If the secretary of state
      amends or rescinds an order decertifying a voting system
      pursuant to this subsection (2), the secretary of state shall
      perform a test or otherwise demonstrate that the major
      deficiencies identified in the order to decertify the voting system
      have been resolved or mitigated and shall issue a statement of the
      specific reasons for the decision to amend or rescind the order. 
      The decision shall be effective only for elections held in 2008 and
      2009.  The secretary of state shall deliver a copy of a decision
      made pursuant to this subsection (2) to the state, veterans, and
      military affairs committees of the senate and the house of
      representatives and to the designated election official of each
      political subdivision that uses the voting system subject to the
      decision.  In connection with a potential decision to amend or
      rescind an order, the secretary of state may require or permit
      additional testing of the voting system subject to the order and
      communicate with the voting system provider and county clerks
      and recorders to ensure the accuracy, security, and accessibility
      of the voting system.  The secretary of state shall allow a county
      clerk and recorder to designate an employee of the office of the
      county clerk and recorder to operate the voting system during
      the additional testing.  Additional testing and communication
      conducted by the secretary of state pursuant to this subsection
      (2) shall be subject to applicable provisions of part 4 of article 6
      of title 24, C.R.S., and part 2 of article 72 of title 24, C.R.S.  The
      secretary of state shall consider any information obtained from
      the testing or communication in a decision to amend or rescind an
      order pursuant to this subsection (2).  In deciding whether to
      amend or rescind an order pursuant to this subsection (2), the
      secretary of state shall consider the accuracy and security
      procedures, audits, processing functions, and other relevant
      procedures used by county clerks and recorders in accordance
      with the laws and rules governing the conduct of elections.
      
           (3)  Use of other voting systems.  Nothing in this section shall
      prevent a political subdivision from purchasing and using any
      other voting system that meets the requirements of the state
      statutes and rules on voting systems.
      
           (4)  Repeal.  This section is repealed, effective July 1, 2009.
      
           SECTION 2.  Safety clause.  The general assembly hereby finds,
      determines, and declares that this act is necessary for the immediate
      preservation of the public peace, health, and safety.
      
      
      
      
      ________________________________________________________
      Andrew Romanoff                        Peter C. Groff
      SPEAKER OF THE HOUSE                     PRESIDENT OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
      
      
      ____________________________  ____________________________
      Marilyn Eddins                          Karen Goldman
      CHIEF CLERK OF THE HOUSE                 SECRETARY OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    Bill Ritter, Jr.
                                    GOVERNOR OF THE STATE OF COLORADO