Authorize Local Electronic Ballot Return

Second Regular Session Seventy-fifth General Assembly STATE OF COLORADO INTRODUCED SENATE BILL 26-119 LLS NO. 26-0767.01 Alison Killen x4350 SENATE SPONSORSHIP Mullica, HOUSE SPONSORSHIP Carter and Lukens, Senate Committees House Committees State, Veterans, & Military Affairs A BILL FOR AN ACT CONCERNING THE AUTHORIZATION OF ELECTRONIC BALLOT RETURN IN LOCAL ELECTIONS.

Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.) The bill amends the "Colorado Local Government Election Code" (local code) and the "Colorado Municipal Election Code of 1965" to add authorization for special districts and municipalities to use electronic ballot return in elections under the local code. Electronic ballot return allows a voter to return a marked ballot to the designated election official or clerk using a qualified electronic transmission system. A qualified Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.

Capital letters or bold & italic numbers indicate new material to be added to existing law. Dashes through the words or numbers indicate deletions from existing law.

electronic transmission system must: ! Provide for secure identification and authentication; ! Transmit encrypted information over a secure network; ! Protect the privacy, anonymity, and integrity of each elector's ballot; ! Protect against abuse; and ! Provide any additional security or other measures identified as necessary in the rules of the secretary of state. The designated election official or clerk is responsible for ensuring electronic ballot returns are anonymously transcribed to paper ballots, counted, and secured pursuant to the law for all ballots. Any electronic data generated by an elector using the electronic transmission system is confidential. The secretary of state is required to publish guidance and may also adopt rules as necessary to further specify the qualifications for an electronic transmission system used for electronic ballot return.

Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, 1-13.5-502, amend (1) as follows:

1-13.5-502. Notice of election.

(1) The designated election official, at least twenty days before each local government election, shall give written notice of the election stating the date of the election and the location and hours during which the polls will be open; the date ballots have or may be mailed if the election is conducted by mail ballot; THE PROCEDURE FOR ACCESSING THE ELECTRONIC TRANSMISSION SYSTEM IF THE ELECTION IS TO BE CONDUCTED BY ELECTRONIC BALLOT RETURN; mail ballot drop-off locations; names of the officers to be elected and any ballot issues and ballot questions to be voted upon; and the names of those candidates whose nominations have been certified to the designated election official, which listing must be as nearly as possible in the form in which such nominations will appear upon the official ballot. For an independent mail ballot election, the notice does not need to include the text of the ballot issues or ballot questions. A copy of the notice must be posted until after the election in a conspicuous place in the office of the designated election official. A copy of the notice must be mailed or sent via electronic mail to the county clerk and recorder.

SECTION 2. In Colorado Revised Statutes, add 1-13.5-606.5 as follows: 1-13.5-606.5. Electronic ballot return - qualified electronic transmission system - requirements - rules - definitions. (1) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES:

(a) "ELECTRONIC BALLOT RETURN" MEANS A SYSTEM THAT ALLOWS AN ELIGIBLE ELECTOR TO CAST AND RETURN A BALLOT ELECTRONICALLY TO THE DESIGNATED ELECTION OFFICIAL.

(b) "ELECTRONIC TRANSMISSION SYSTEM" MEANS AN ELECTRONIC SYSTEM THAT PROVIDES FOR THE SECURE TRANSMISSION OF ELECTRONIC BALLOT RETURNS.

(2) NOTWITHSTANDING ANY PROVISION OF THIS ARTICLE 13.5 TO THE CONTRARY, THE GOVERNING BODY OF A LOCAL GOVERNMENT MAY DETERMINE THAT AN ELECTION SHALL BE CONDUCTED BY ELECTRONIC BALLOT RETURN IN ACCORDANCE WITH THE REQUIREMENTS OF THIS SECTION AND MAY SPECIFY THE ELECTRONIC TRANSMISSION SYSTEM TO BE USED BY THE DESIGNATED ELECTION OFFICIAL FOR THE LOCAL GOVERNMENT.

THE DESIGNATED ELECTION OFFICIAL FOR A LOCAL GOVERNMENT SHALL CONDUCT AN ELECTRONIC BALLOT RETURN ELECTION USING AN ELECTRONIC TRANSMISSION SYSTEM AS SPECIFIED BY THE GOVERNING BODY OF THE LOCAL GOVERNMENT PURSUANT TO SUBSECTION

(2) OF THIS SECTION AND THAT MEETS THE QUALIFICATIONS OF THIS SECTION.

(4) TO QUALIFY FOR THE USE OF ELECTRONIC BALLOT RETURN IN AN ELECTION PURSUANT TO THIS SECTION, AN ELECTRONIC TRANSMISSION SYSTEM MUST:

(a) PROVIDE FOR SECURE IDENTIFICATION AND AUTHENTICATION;

(b) NETWORK;

TRANSMIT ENCRYPTED INFORMATION OVER A SECURE

(c) PROTECT THE PRIVACY, ANONYMITY, AND INTEGRITY OF EACH ELECTOR'S BALLOT;

(d) PROTECT AGAINST ABUSE; AND

(e) PROVIDE ANY OTHER SECURITY, INTEGRITY, AUDITABILITY, OR ACCESSIBILITY MEASURE IDENTIFIED IN THE RULES OF THE SECRETARY OF STATE AS NECESSARY FOR THE QUALIFICATION OF AN ELECTRONIC TRANSMISSION SYSTEM TO BE USED FOR ELECTRONIC BALLOT RETURN.

(5) (a) THE DESIGNATED ELECTION OFFICIAL FOR A LOCAL GOVERNMENT THAT IS USING ELECTRONIC BALLOT RETURN SHALL ENSURE THAT EACH BALLOT RECEIVED THROUGH THE QUALIFIED ELECTRONIC TRANSMISSION SYSTEM IS ANONYMOUSLY TRANSCRIBED TO A PAPER BALLOT.

(b) THE DESIGNATED ELECTION OFFICIAL, OR THE DESIGNATED ELECTION OFFICIAL'S DESIGNEE, SHALL SECURE, COUNT, MAINTAIN, AND STORE THE PAPER BALLOTS TRANSCRIBED PURSUANT TO SUBSECTION (5)(a) OF THIS SECTION IN THE SAME MANNER AS IS REQUIRED FOR ALL BALLOTS PURSUANT TO THIS ARTICLE 13.5.

(6) ANY ELECTRONIC DATA GENERATED BY AN ELECTOR USING A QUALIFIED ELECTRONIC TRANSMISSION SYSTEM FOR ELECTRONIC BALLOT RETURN IS CONFIDENTIAL AND SHALL NOT BE USED FOR ANY PURPOSE OTHER THAN VOTER PARTICIPATION STATISTICS.

(7) THE SECRETARY OF STATE SHALL PUBLISH GUIDANCE AND MAY ADOPT RULES AS NECESSARY TO FURTHER SPECIFY THE QUALIFICATIONS OF AN ELECTRONIC TRANSMISSION SYSTEM FOR ELECTRONIC BALLOT RETURN, INCLUDING RECOMMENDED MINIMUM SECURITY STANDARDS, VOTER PRIVACY STANDARDS, SYSTEM AUDITING STANDARDS, AND VERIFICATION TECHNOLOGY REQUIREMENTS.

SECTION 3. In Colorado Revised Statutes, 31-10-501, amend (1) as follows:

31-10-501. Clerk to give notice.

(1) The clerk, at least ten days before each municipal election, shall give written or printed notice of the election stating the date of the election and the hours during which the polls will be open, designating the polling place of each precinct, DESCRIBING THE PROCEDURE FOR ACCESSING THE ELECTRONIC TRANSMISSION SYSTEM IF THE ELECTION IS TO BE CONDUCTED BY ELECTRONIC BALLOT RETURN, stating the qualifications of persons to vote in the election, naming the officers to be elected and the questions to be voted upon, and listing the names of those candidates whose nominations have been certified to him THE CLERK, which listing shall be as nearly as possible in the form in which such THE nominations shall appear upon the official ballot with reference to wards where applicable. A copy of such THE notice shall be posted until after the election in a conspicuous place in the office of the clerk.

SECTION 4. In Colorado Revised Statutes, add 31-10-607.5 as follows: 31-10-607.5. Electronic ballot return - qualified electronic transmission system - requirements - rules - definitions. (1) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES:

(a) "ELECTRONIC BALLOT RETURN" MEANS A SYSTEM THAT ALLOWS AN ELIGIBLE ELECTOR TO CAST AND RETURN A BALLOT ELECTRONICALLY TO THE DESIGNATED ELECTION OFFICIAL.

(b) "ELECTRONIC TRANSMISSION SYSTEM" MEANS AN ELECTRONIC SYSTEM THAT PROVIDES FOR THE SECURE TRANSMISSION OF ELECTRONIC BALLOT RETURNS.

(2) NOTWITHSTANDING ANY PROVISION OF THIS ARTICLE 10 TO THE CONTRARY, THE GOVERNING BODY OF A MUNICIPALITY MAY DETERMINE THAT AN ELECTION SHALL BE CONDUCTED BY ELECTRONIC BALLOT RETURN IN ACCORDANCE WITH THE REQUIREMENTS OF THIS SECTION AND MAY SPECIFY THE ELECTRONIC TRANSMISSION SYSTEM TO BE USED BY THE DESIGNATED ELECTION OFFICIAL FOR THE LOCAL GOVERNMENT.

THE CLERK FOR A MUNICIPALITY SHALL CONDUCT AN ELECTRONIC TRANSMISSION SYSTEM AS SPECIFIED BY THE GOVERNING BODY OF THE MUNICIPALITY PURSUANT TO SUBSECTION (2) OF THIS SECTION AND THAT MEETS THE QUALIFICATIONS OF THIS SECTION.

BALLOT RETURN ELECTION USING AN ELECTRONIC

(4) TO QUALIFY FOR THE USE OF ELECTRONIC BALLOT RETURN IN AN ELECTION PURSUANT TO THIS SECTION, AN ELECTRONIC TRANSMISSION SYSTEM MUST:

(a) PROVIDE FOR SECURE IDENTIFICATION AND AUTHENTICATION;

(b) NETWORK;

TRANSMIT ENCRYPTED INFORMATION OVER A SECURE

(c) PROTECT THE PRIVACY, ANONYMITY, AND INTEGRITY OF EACH ELECTOR'S BALLOT;

(d) PROTECT AGAINST ABUSE; AND

(e) PROVIDE ANY OTHER SECURITY, INTEGRITY, AUDITABILITY, OR ACCESSIBILITY MEASURE IDENTIFIED IN THE RULES OF THE SECRETARY OF STATE AS NECESSARY FOR THE QUALIFICATION OF AN ELECTRONIC TRANSMISSION SYSTEM TO BE USED FOR ELECTRONIC BALLOT RETURN.

(5) (a) THE CLERK FOR A MUNICIPALITY THAT IS USING ELECTRONIC BALLOT RETURN SHALL ENSURE THAT EACH BALLOT RECEIVED THROUGH THE QUALIFIED ELECTRONIC TRANSMISSION SYSTEM IS ANONYMOUSLY TRANSCRIBED TO A PAPER BALLOT.

(b) THE CLERK, OR THE CLERK'S DESIGNEE, SHALL SECURE, COUNT, MAINTAIN, AND STORE THE PAPER BALLOTS TRANSCRIBED PURSUANT TO SUBSECTION (5)(a) OF THIS SECTION IN THE SAME MANNER AS IS REQUIRED FOR ALL BALLOTS PURSUANT TO THIS ARTICLE 10.

(6) ANY ELECTRONIC DATA GENERATED BY AN ELECTOR USING A QUALIFIED ELECTRONIC TRANSMISSION SYSTEM FOR ELECTRONIC BALLOT RETURN IS CONFIDENTIAL AND SHALL NOT BE USED FOR ANY PURPOSE OTHER THAN VOTER PARTICIPATION STATISTICS.

(7) THE SECRETARY OF STATE SHALL PUBLISH GUIDANCE AND MAY ADOPT RULES, AS NECESSARY, TO FURTHER SPECIFY THE QUALIFICATIONS OF AN ELECTRONIC TRANSMISSION SYSTEM FOR ELECTRONIC BALLOT RETURN, INCLUDING RECOMMENDED MINIMUM SECURITY STANDARDS, VOTER PRIVACY STANDARDS, SYSTEM AUDITING STANDARDS, AND VERIFICATION TECHNOLOGY REQUIREMENTS.

SECTION 5. Act subject to petition - effective date. This act takes effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly (August 12, 2026, if adjournment sine die is on May 13, 2026); except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part will not take effect unless approved by the people at the general election to be held in November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.