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Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 26-0767.01 Alison Killen x4350 SENATE BILL 26-119
Senate Committees House Committees
State, Veterans, & Military Affairs
A BILL FOR AN ACT
CONCERNING THE AUTHORIZATION OF ELECTRONIC BALLOT RETURN101
IN LOCAL ELECTIONS.102
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
SENATE SPONSORSHIP
Mullica,
HOUSE SPONSORSHIP
Carter and Lukens,
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:1
SECTION 1. In Colorado Revised Statutes, 1-13.5-502, amend2
(1) as follows:3
1-13.5-502. Notice of election.4
(1) The designated election official, at least twenty days before5
each local government election, shall give written notice of the election6
stating the date of the election and the location and hours during which7
the polls will be open; the date ballots have or may be mailed if the8
election is conducted by mail ballot; THE PROCEDURE FOR ACCESSING THE9
ELECTRONIC TRANSMISSION SYSTEM IF THE ELECTION IS TO BE CONDUCTED10
BY ELECTRONIC BALLOT RETURN; mail ballot drop-off locations; names of11
the officers to be elected and any ballot issues and ballot questions to be12
voted upon; and the names of those candidates whose nominations have13
been certified to the designated election official, which listing must be as14
nearly as possible in the form in which such nominations will appear15
upon the official ballot. For an independent mail ballot election, the16
notice does not need to include the text of the ballot issues or ballot17
SB26-119-2-
questions. A copy of the notice must be posted until after the election in1
a conspicuous place in the office of the designated election official. A2
copy of the notice must be mailed or sent via electronic mail to the county3
clerk and recorder.4
SECTION 2. In Colorado Revised Statutes, add 1-13.5-606.5 as5
follows:6
1-13.5-606.5. Electronic ballot return - qualified electronic7
transmission system - requirements - rules - definitions.8
(1) AS USED IN THIS SECTION , UNLESS THE CONTEXT OTHERWISE9
REQUIRES:10
(a) "E LECTRONIC BALLOT RETURN " MEANS A SYSTEM THAT11
ALLOWS AN ELIGIBLE ELECTOR TO CAST AND RETURN A BALLOT12
ELECTRONICALLY TO THE DESIGNATED ELECTION OFFICIAL.13
(b) "ELECTRONIC TRANSMISSION SYSTEM" MEANS AN ELECTRONIC14
SYSTEM THAT PROVIDES FOR THE SECURE TRANSMISSION OF ELECTRONIC15
BALLOT RETURNS.16
(2) NOTWITHSTANDING ANY PROVISION OF THIS ARTICLE 13.5 TO17
THE CONTRARY, THE GOVERNING BODY OF A LOCAL GOVERNMENT MAY18
DETERMINE THAT AN ELECTION SHALL BE CONDUCTED BY ELECTRONIC19
BALLOT RETURN IN ACCORDANCE WITH THE REQUIREMENTS OF THIS20
SECTION AND MAY SPECIFY THE ELECTRONIC TRANSMISSION SYSTEM TO BE21
USED BY THE DESIGNATED ELECTION OFFICIAL FOR THE LOCAL22
GOVERNMENT.23
(3) T HE DESIGNATED ELECTION OFFICIAL FOR A LOCAL24
GOVERNMENT SHALL CONDUCT AN ELECTRONIC BALLOT RETURN ELECTION25
USING AN ELECTRONIC TRANSMISSION SYSTEM AS SPECIFIED BY THE26
GOVERNING BODY OF THE LOCAL GOVERNMENT PURSUANT TO SUBSECTION27
SB26-119-3-
(2) OF THIS SECTION AND THAT MEETS THE QUALIFICATIONS OF THIS1
SECTION.2
(4) TO QUALIFY FOR THE USE OF ELECTRONIC BALLOT RETURN IN3
AN ELECTION PURSUANT TO THIS SECTION, AN ELECTRONIC TRANSMISSION4
SYSTEM MUST:5
(a) PROVIDE FOR SECURE IDENTIFICATION AND AUTHENTICATION;6
(b) T RANSMIT ENCRYPTED INFORMATION OVER A SECURE7
NETWORK;8
(c) PROTECT THE PRIVACY, ANONYMITY, AND INTEGRITY OF EACH9
ELECTOR'S BALLOT;10
(d) PROTECT AGAINST ABUSE; AND11
(e) PROVIDE ANY OTHER SECURITY, INTEGRITY, AUDITABILITY, OR12
ACCESSIBILITY MEASURE IDENTIFIED IN THE RULES OF THE SECRETARY OF13
STATE AS NECESSARY FOR THE QUALIFICATION OF AN ELECTRONIC14
TRANSMISSION SYSTEM TO BE USED FOR ELECTRONIC BALLOT RETURN.15
(5) (a) T HE DESIGNATED ELECTION OFFICIAL FOR A LOCAL16
GOVERNMENT THAT IS USING ELECTRONIC BALLOT RETURN SHALL ENSURE17
THAT EACH BALLOT RECEIVED THROUGH THE QUALIFIED ELECTRONIC18
TRANSMISSION SYSTEM IS ANONYMOUSLY TRANSCRIBED TO A PAPER19
BALLOT.20
(b) T HE DESIGNATED ELECTION OFFICIAL , OR THE DESIGNATED21
ELECTION OFFICIAL'S DESIGNEE, SHALL SECURE, COUNT, MAINTAIN, AND22
STORE THE PAPER BALLOTS TRANSCRIBED PURSUANT TO SUBSECTION23
(5)(a) OF THIS SECTION IN THE SAME MANNER AS IS REQUIRED FOR ALL24
BALLOTS PURSUANT TO THIS ARTICLE 13.5.25
(6) ANY ELECTRONIC DATA GENERATED BY AN ELECTOR USING A26
QUALIFIED ELECTRONIC TRANSMISSION SYSTEM FOR ELECTRONIC BALLOT27
SB26-119-4-
RETURN IS CONFIDENTIAL AND SHALL NOT BE USED FOR ANY PURPOSE1
OTHER THAN VOTER PARTICIPATION STATISTICS.2
(7) THE SECRETARY OF STATE SHALL PUBLISH GUIDANCE AND MAY3
ADOPT RULES AS NECESSARY TO FURTHER SPECIFY THE QUALIFICATIONS4
OF AN ELECTRONIC TRANSMISSION SYSTEM FOR ELECTRONIC BALLOT5
RETURN, INCLUDING RECOMMENDED MINIMUM SECURITY STANDARDS ,6
VOTER PRIVACY STANDARDS , SYSTEM AUDITING STANDARDS , AND7
VERIFICATION TECHNOLOGY REQUIREMENTS.8
SECTION 3. In Colorado Revised Statutes, 31-10-501, amend9
(1) as follows:10
31-10-501. Clerk to give notice.11
(1) The clerk, at least ten days before each municipal election,12
shall give written or printed notice of the election stating the date of the13
election and the hours during which the polls will be open, designating14
the polling place of each precinct, DESCRIBING THE PROCEDURE FOR15
ACCESSING THE ELECTRONIC TRANSMISSION SYSTEM IF THE ELECTION IS TO16
BE CONDUCTED BY ELECTRONIC BALLOT RETURN, stating the qualifications17
of persons to vote in the election, naming the officers to be elected and18
the questions to be voted upon, and listing the names of those candidates19
whose nominations have been certified to him THE CLERK, which listing20
shall be as nearly as possible in the form in which such THE nominations21
shall appear upon the official ballot with reference to wards where22
applicable. A copy of such THE notice shall be posted until after the23
election in a conspicuous place in the office of the clerk.24
SECTION 4. In Colorado Revised Statutes, add 31-10-607.5 as25
follows:26
31-10-607.5. Electronic ballot return - qualified electronic27
SB26-119-5-
transmission system - requirements - rules - definitions.1
(1) AS USED IN THIS SECTION , UNLESS THE CONTEXT OTHERWISE2
REQUIRES:3
(a) "E LECTRONIC BALLOT RETURN " MEANS A SYSTEM THAT4
ALLOWS AN ELIGIBLE ELECTOR TO CAST AND RETURN A BALLOT5
ELECTRONICALLY TO THE DESIGNATED ELECTION OFFICIAL.6
(b) "ELECTRONIC TRANSMISSION SYSTEM" MEANS AN ELECTRONIC7
SYSTEM THAT PROVIDES FOR THE SECURE TRANSMISSION OF ELECTRONIC8
BALLOT RETURNS.9
(2) NOTWITHSTANDING ANY PROVISION OF THIS ARTICLE 10 TO THE10
CONTRARY, THE GOVERNING BODY OF A MUNICIPALITY MAY DETERMINE11
THAT AN ELECTION SHALL BE CONDUCTED BY ELECTRONIC BALLOT12
RETURN IN ACCORDANCE WITH THE REQUIREMENTS OF THIS SECTION AND13
MAY SPECIFY THE ELECTRONIC TRANSMISSION SYSTEM TO BE USED BY THE14
DESIGNATED ELECTION OFFICIAL FOR THE LOCAL GOVERNMENT.15
(3) T HE CLERK FOR A MUNICIPALITY SHALL CONDUCT AN16
ELECTRONIC BALLOT RETURN ELECTION USING AN ELECTRONIC17
TRANSMISSION SYSTEM AS SPECIFIED BY THE GOVERNING BODY OF THE18
MUNICIPALITY PURSUANT TO SUBSECTION (2) OF THIS SECTION AND THAT19
MEETS THE QUALIFICATIONS OF THIS SECTION.20
(4) TO QUALIFY FOR THE USE OF ELECTRONIC BALLOT RETURN IN21
AN ELECTION PURSUANT TO THIS SECTION, AN ELECTRONIC TRANSMISSION22
SYSTEM MUST:23
(a) PROVIDE FOR SECURE IDENTIFICATION AND AUTHENTICATION;24
(b) T RANSMIT ENCRYPTED INFORMATION OVER A SECURE25
NETWORK;26
(c) PROTECT THE PRIVACY, ANONYMITY, AND INTEGRITY OF EACH27
SB26-119-6-
ELECTOR'S BALLOT;1
(d) PROTECT AGAINST ABUSE; AND2
(e) PROVIDE ANY OTHER SECURITY, INTEGRITY, AUDITABILITY, OR3
ACCESSIBILITY MEASURE IDENTIFIED IN THE RULES OF THE SECRETARY OF4
STATE AS NECESSARY FOR THE QUALIFICATION OF AN ELECTRONIC5
TRANSMISSION SYSTEM TO BE USED FOR ELECTRONIC BALLOT RETURN.6
(5) (a) THE CLERK FOR A MUNICIPALITY THAT IS USING ELECTRONIC7
BALLOT RETURN SHALL ENSURE THAT EACH BALLOT RECEIVED THROUGH8
THE QUALIFIED ELECTRONIC TRANSMISSION SYSTEM IS ANONYMOUSLY9
TRANSCRIBED TO A PAPER BALLOT.10
(b) THE CLERK, OR THE CLERK'S DESIGNEE, SHALL SECURE, COUNT,11
MAINTAIN, AND STORE THE PAPER BALLOTS TRANSCRIBED PURSUANT TO12
SUBSECTION (5)(a) OF THIS SECTION IN THE SAME MANNER AS IS REQUIRED13
FOR ALL BALLOTS PURSUANT TO THIS ARTICLE 10.14
(6) ANY ELECTRONIC DATA GENERATED BY AN ELECTOR USING A15
QUALIFIED ELECTRONIC TRANSMISSION SYSTEM FOR ELECTRONIC BALLOT16
RETURN IS CONFIDENTIAL AND SHALL NOT BE USED FOR ANY PURPOSE17
OTHER THAN VOTER PARTICIPATION STATISTICS.18
(7) THE SECRETARY OF STATE SHALL PUBLISH GUIDANCE AND MAY19
ADOPT RULES, AS NECESSARY, TO FURTHER SPECIFY THE QUALIFICATIONS20
OF AN ELECTRONIC TRANSMISSION SYSTEM FOR ELECTRONIC BALLOT21
RETURN, INCLUDING RECOMMENDED MINIMUM SECURITY STANDARDS ,22
VOTER PRIVACY STANDARDS , SYSTEM AUDITING STANDARDS , AND23
VERIFICATION TECHNOLOGY REQUIREMENTS.24
SECTION 5. Act subject to petition - effective date. This act25
takes effect at 12:01 a.m. on the day following the expiration of the26
ninety-day period after final adjournment of the general assembly (August27
SB26-119-7-
12, 2026, if adj ournment sine die is on May 13, 2026); except that, if a1
referendum petition is filed pursuant to section 1 (3) of article V of the2
state constitution against this act or an item, section, or part of this act3
within such period, then the act, item, section, or part will not take effect4
unless approved by the people at the general election to be held in5
November 2026 a nd, in such case, will take effect on the date of the6
official declaration of the vote thereon by the governor.7
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