First Regular Session Sixty-fifth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 05-0221.02 Bob Lackner SENATE BILL 05-198 SENATE SPONSORSHIP Gordon, and Mitchell HOUSE SPONSORSHIP Madden, Senate Committees House Committees Local Government A BILL FOR AN ACT Concerning the conduct of elections. Bill Summary (Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.) In connection with the conduct of elections:  Expands the list of the types of documents that may be used to establish an elector's identification for purposes of the "Uniform Election Code of 1992" to include a valid student identification card with a photograph of the eligible elector issued by a secondary school or institution of higher education located within the state.  For elections held on or after January 1, 2006, entitles each eligible elector to inspect, verify, and correct the voter-verified permanent paper record of his or her vote at the time the vote is cast. Specifies that the voter-verified permanent paper record of each eligible elector's vote, whether filled out by hand or produced by any voting machine or ballot marking device, shall be preserved as an election record and shall constitute the official record of the election for the purpose of conducting any audit or recount. Prohibits any voting machine from being remotely accessed or remotely accessible.  Provides that the hardware, software, and source codes of each electronic voting machine or other vote-counting machine used in the election are to be available for inspection and analysis by the designated election official or his or her designee, a representative of each major and minor political party, and an unaffiliated elector who expresses interest for a specified period.  Following each primary and general election, requires the secretary of state to initiate a surprise random audit, to be conducted by the designated election official, for the purpose of comparing the tallies reflected in the voter-verified permanent paper records with the tallies recorded by electronic voting machines or other vote tabulators. In initiating the audit, requires the secretary to select a sufficient number of voting machines to account for a specified percentage of the total statewide vote in the election just completed. Requires the audit to include a specified precinct in each county of the state. Requires the secretary to randomly select 5 candidate races, ballot issues, or ballot questions to audit.  Specifies that, if there is any discrepancy between the tallies recorded by the voter-verified permanent paper records and the tallies recorded by vote machines that is greater than a specified percent of the votes cast in any candidate race, ballot issue, or ballot question, and the discrepancy can not be accounted for by voter error or ambiguity of voter intent, the discrepancy triggers a further random audit. Specifies that any further audit required shall be of a specified percentage of the votes cast within a precinct or county, as applicable.  Specifies that any discrepancy under any of the required audits that is a specified percentage of the votes cast shall trigger a full recount of the total votes cast by the machines causing the discrepancy.  Following each primary and general election at a polling place where voting is by electronic voting machine or other vote tabulator, requires the election judge to compare the number of electors casting their ballots on the machines or other tabulators in the precinct with the number of electors who cast a ballot in the precinct in the election as reflected in the pollbooks at the precinct.  Requires any early voters' polling places to be open during any Saturday or Sunday that falls within the period during which early voting is authorized, with the exception of the Saturday or Sunday that falls immediately prior to election day. Authorizes the board of county commissioners by resolution to increase the hours that the early voters' polling place may be open to allow for early voters' polling places to remain open until a specified time, but prohibits an election judge from working more than a 9-hour shift in any one day, and authorizes an election judge to split his or her shift with another election judge.  Requires the elector to be offered a provisional ballot if an elector appears in a particular precinct to cast his or her vote, the elector's name is not listed on the registration list for the precinct, and the elector is unable to go to the precinct at which his or her name is listed on the registration list. If the information contained in a provisional ballot affidavit submitted by an elector provides sufficient information that the designated election official is able to verify that the elector is properly registered, requires the provisional ballot to be counted. Permits any elector who is issued a provisional ballot to cast a vote for any office listed on the ballot for which the elector is eligible to cast a vote, and provides that any such votes shall be counted.  Specifies that a recount shall be of the voter-verified permanent paper records of the votes created. Specifies that the voter-verified permanent paper records shall be recounted by means of either a hand or a machine count. Defines terms. Makes conforming amendments. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. 1-1-104 (19.5) (a), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBPARAGRAPH to read: 1-1-104. Definitions - repeal. As used in this code, unless the context otherwise requires: (19.5) (a) "Identification" means: (XI) A valid student identification card with a photograph of the eligible elector issued by a secondary school or institution of higher education located within the state. SECTION 2. 1-1-104, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read: 1-1-104. Definitions - repeal. As used in this code, unless the context otherwise requires: (50.6) "Voter-verified permanent paper record" means an auditable paper record ballot that: (a) Is produced or employed by any voting system contemporaneously with an electronic ballot; (b) Lists the offices to be voted on, ballot issues, and ballot questions on the ballot and the elector's choice of candidate, ballot issue, and ballot question in addition to any "no" vote cast by the elector; and (c) Is suitable for a manual audit or recount. SECTION 3. Part 3 of article 7 of title 1, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read: 1-7-310. Voter-verified permanent paper record of vote. (1) In each election held in the state of Colorado on or after January 1, 2006, each eligible elector may, in private and without the need for assistance, inspect and verify as correct the voter-verified permanent paper record of the elector's vote before the elector's vote is cast. (2) The voter-verified permanent paper record of each eligible elector's vote, whether filled out by hand or produced by any voting machine or ballot marking device, shall be preserved as an election record pursuant to section 1-7-802 and shall constitute the official record of the election for the purpose of conducting any audit or recount. (3) No voting machine shall be remotely accessed or remotely accessible. (4) The hardware, software, and source codes of each electronic voting machine or other vote-counting machine used in the election shall be available for inspection and analysis by the designated election official or his or her designee, a representative of each major and minor political party, and an unaffiliated elector who expresses interest for a period commencing forty-five days before the election and concluding thirty-one days before the election. The source codes shall be available for inspection and analysis in accordance with the requirements specified in this subsection (4) immediately following the first canvass of votes from each vote-counting machine used in the election. SECTION 4. Part 5 of article 7 of title 1, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read: 1-7-509. Random audit - recount - election judges to compare tallies. (1) Following each primary and general election, the secretary of state shall initiate a surprise random audit, to be conducted by the designated election official, for the purpose of comparing the tallies reflected in the voter-verified permanent paper records with the tallies recorded by electronic voting machines or other vote tabulators. In initiating the audit, the secretary shall select a sufficient number of voting machines to account for at least two percent of the total statewide vote in the election just completed. The audit shall include not less than one precinct in each county of the state. In addition, the secretary shall also randomly select five candidate races, ballot issues, or ballot questions to audit. (2) Upon completion of the audit required by subsection (1) of this section, if there is any discrepancy between the tallies recorded by the voter-verified permanent paper records and the tallies recorded by vote machines that is greater than one percent of the votes cast in any candidate race, ballot issue, or ballot question, and the discrepancy can not be accounted for by voter error or ambiguity of voter intent, the discrepancy shall trigger a further random audit. (3) Any further audit required by subsection (2) of this section shall be ten percent of the votes cast within a precinct or county, as applicable. (4) Any discrepancy under any of the audits required under this section that is one percent or more of the votes cast shall trigger a full recount of the total votes cast by the machines causing the discrepancy. (5) Following each primary and general election at a polling place where voting is by electronic voting machine or other vote tabulator, the election judge shall compare the number of electors casting their ballots on the machines or other tabulators in the precinct with the number of electors who cast a ballot in the precinct in the election as reflected in the pollbooks at the precinct. SECTION 5. 1-8-202, Colorado Revised Statutes, is amended to read: 1-8-202. When eligible electors may vote by early ballot. Early voting shall be made available to any eligible elector in the manner provided in this part 2 during regular business hours for ten days before a primary election and a special legislative election and for fifteen days before a general election or other November election conducted by the county clerk and recorder, including any Saturday or Sunday that falls within the period during which early voting is authorized in accordance with the requirements of this section, with the exception of the Saturday or Sunday that falls immediately prior to election day. The board of county commissioners may by resolution increase the hours that the early voters' polling place may be open to allow for early voters' polling places to remain open until at least 9:00 p.m.; except that no election judge shall be permitted to work more than a nine-hour shift in any one day. In order to permit early voters' polling places to remain open until 9:00 p.m., an election judge may split his or her shift with another election judge. Eligible electors who appear in person at the early voters' polling place during this time may cast their ballots in the same manner as any ballot would be cast in a precinct polling place on election day. SECTION 6. Repeal. 1-9-301 (4), Colorado Revised Statutes, is repealed as follows: 1-9-301. Provisional ballot voting. (4) A voter who moves from one precinct to another precinct in the same county or to another county later than the thirtieth day before an election is not properly registered at the new address for purposes of this section and may not vote a provisional ballot, but the voter may vote in the precinct where registered pursuant to section 1-2-217. SECTION 7. 1-9-303, Colorado Revised Statutes, is amended to read: 1-9-303. Verification and counting of provisional ballots - eligibility to cast provisional ballot when voting in the wrong precinct - verification of registration - eligibility to cast a provisional ballot for all offices on the ballot. (1) Upon receipt of a provisional ballot, the county clerk and recorder or designated election official shall verify the information contained in the provisional ballot affidavit using the procedures that apply to absentee ballots specified in this section. If the information cannot be verified, the ballot shall be rejected. The verification and counting of all provisional ballots shall be completed within twelve days after the election. All absentee ballots cast in any election shall be counted before any provisional ballots are counted. (2) If an elector appears in a particular precinct to cast his or her vote, the elector's name is not listed on the registration list for the precinct, and the elector is unable to go to the precinct at which his or her name is listed on the registration list, the elector shall be offered a provisional ballot in accordance with the requirements of this section. (3) If the information contained in a provisional ballot affidavit submitted by an elector provides sufficient information that the designated election official is able to verify that the elector is properly registered, the provisional ballot shall be counted in accordance with the requirements of this section. (4) Notwithstanding any other provision of law, any elector who is issued a provisional ballot in accordance with the requirements of this part 3 may cast a vote for any office listed on the ballot for which the elector is eligible to cast a vote and any such votes shall be counted. SECTION 8. 1-10.5-108, Colorado Revised Statutes, is amended to read: 1-10.5-108. Method of recount. (1) The recount shall be of the ballots cast voter-verified permanent paper records of the votes created pursuant to section 1-7-310, and the votes shall be recorded on sheets other than those used at the election. (2) Unless otherwise directed by the secretary of state, The ballots cast voter-verified permanent paper records shall be recounted utilizing the same procedures, methods, and processes that were utilized for the original count of the ballots cast by means of either a hand or a machine count. SECTION 9. Repeal. 1-10.5-110, Colorado Revised Statutes, is repealed. SECTION 10. Effective date - applicability. (1) This act shall take effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution (August 10, 2005, if adjournment sine die is on May 11, 2005); except that, if a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor. (2) The provisions of this act shall apply to any election held on or after January 1, 2006.