First Regular Session Sixty-fifth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 05-0465.01 Bob Lackner SENATE BILL 05-079 SENATE SPONSORSHIP Mitchell, HOUSE SPONSORSHIP Madden, Senate Committees House Committees Local Government A BILL FOR AN ACT Concerning the creation of a permanent paper record of each vote cast in an election. Bill Summary (Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.) For each election held in the state on after or a specified date, permits each eligible elector, in private and without the need for assistance, to inspect and verify as correct the permanent paper record of the elector's vote before the elector's vote is cast. Requires the permanent paper record of each eligible elector's vote, whether filled out by hand or produced by any voting machine or ballot marking device, to be preserved as an election record, and specifies that such record is to constitute the official record of the election. Requires the secretary of state, immediately following a general election, to randomly and publicly select a specified number of precincts in the state. Requires the secretary, in each of these precincts, to conduct a manual recount of the votes cast by the permanent paper records and to compare such votes with the vote tally recorded in that precinct by electronic voting or other vote counting machine used in the election. Prohibits any voting machine from being remotely accessed or remotely accessible after the final inspection of that machine by election officials in advance of the election until such time as the vote tallies from the machine have been recorded by voting judges after voting has been completed and the polls have closed. Requires the hardware, software, and source codes on each electronic voting machine or other vote counting machine used in the election to be made available for inspection and analysis by the designated election official or his or her designee and a representative of each major and minor political party for a period commencing 45 days before the election and concluding 31 days before the election, which inspection and analysis may resume immediately following the first canvass of votes from each vote counting machine used in the election. Specifies that, in the event of a recount, the results of the recount of the permanent paper records shall constitute the final official record of the election. In connection with statutory provisions concerning the method of recount, specifies that the recount shall be of the permanent paper records of the votes created. Specifies that the permanent paper records shall be recounted utilizing the procedures, methods, and processes used for counting paper ballots under existing statutory provisions. Defines a term. Makes a conforming amendment. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. 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: (23.8) "Permanent paper record" means a ballot that has been voted and verified by the elector, has the same appearance as an absentee ballot, and is counted using the same processes and equipment used to count absentee ballots in an election. SECTION 2. Part 1 of article 7 of title 1, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read: 1-7-118. Permanent paper record of vote. (1) In each election held in the state of Colorado on or after November 1, 2007, each eligible elector may, in private and without the need for assistance, inspect and verify as correct the permanent paper record of the elector's vote before the elector's vote is cast. (2) The 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. (3) Immediately following any general election, the secretary of state shall randomly and publicly select twenty precincts within the state. In each of these precincts, the secretary shall conduct a manual recount of the votes cast by the permanent paper records and shall compare such votes with the votes cast in that precinct by electronic voting or other vote counting machine used in the election. (4) No voting machine shall be remotely accessed or remotely accessible after the final inspection of the machine by election officials in advance of the election until such time as the vote tallies from the machine have been recorded by voting judges after voting has been completed and the polls have closed. (5) The hardware, software, and source codes on 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 and a representative of each major and minor political party for a period commencing forty-five days before the election and concluding thirty-one days before the election. The source codes shall then be available for inspection and analysis in accordance with the requirements specified in this subsection (5) immediately following the first canvass of votes from each vote counting machine used in the election. SECTION 3. 1-10.5-102 (3), Colorado Revised Statutes, is amended to read: 1-10.5-102. Recounts for congressional, state, and district offices, state ballot questions, and state ballot issues. (3) Prior to any recount, the canvass board shall choose a precinct at random and a test number of ballots on which to conduct a machine count and hand count of ballots. The precinct chosen shall have at least fifty ballots for the count. If the results of the machine count and the hand count are identical, then the recount shall be conducted in the same manner as the original ballot count. In the event of a recount, the results of the recount of the permanent paper records of the votes created in accordance with the requirements of section 1-10.5-108 (1) shall constitute the final official record of the election. SECTION 4. 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 permanent paper records of the votes created pursuant to section 1-7-118, 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 permanent paper records shall be recounted utilizing the same procedures, methods, and processes that were utilized for the original count of the ballots cast used for counting paper ballots pursuant to part 3 of article 7 of this title. SECTION 5. Repeal. 1-10.5-110, Colorado Revised Statutes, is repealed. SECTION 6. 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 November 1, 2007.