A Bill for an Act
Page 1, Line 101Concerning a requirement that any voting system used in an
Page 1, Line 102election in the state incorporate open-source
Page 1, Line 103software.
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.)
Beginning January 1, 2027, the bill requires any voting system used in an election in the state to use open-source software that allows a voting system provider to incorporate end-to-end verifiability into its voting systems. The secretary of state is required to adopt rules to establish minimum standards for the certification and oversight of any open-source software used in a voting system, and each county is required to ensure that open-source software is incorporated into its voting system within the county's existing resources. Beginning in January 2028, and in January every year thereafter, the secretary of state is required to include information regarding the incorporation of open-source software in voting systems as part of the secretary's presentation at a "SMART Act" hearing.
Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 2, Line 2SECTION 1. Short title. The short title of this act is the "Election Integrity Enhancement Act".
Page 2, Line 3SECTION 2. In Colorado Revised Statutes, add 1-5-603.5 as follows:
Page 2, Line 41-5-603.5. Open-source software - voting systems - report -
Page 2, Line 5definition. (1) As used in this section, unless the context
Page 2, Line 6otherwise requires, "open-source software" means software for
Page 2, Line 7which the source code is publicly accessible for review so that
Page 2, Line 8anyone can inspect, but not modify, the code to verify that it is working as designed, implemented, and expected.
Page 2, Line 9(2) Beginning January 1, 2027, any voting system used in an
Page 2, Line 10election in the state pursuant to this part 6 must use
Page 2, Line 11open-source software that allows a voting system provider to
Page 2, Line 12incorporate end-to-end verifiability into its voting systems by
Page 2, Line 13ensuring that the public can access the software's source code for review, independent security audits, and accountability.
Page 2, Line 14(3) The secretary of state shall adopt rules in
Page 2, Line 15accordance with article 4 of title 24 to establish minimum
Page 2, Line 16standards for the certification and oversight of any
Page 2, Line 17open-source software used in a voting system, including
Page 2, Line 18requirements for logging and publicizing updates and modifications to the open-source software.
Page 3, Line 1(4) Each county shall, within existing resources, ensure
Page 3, Line 2that open-source software is incorporated into its voting system
Page 3, Line 3as required in this section and shall negotiate with its current
Page 3, Line 4voting system provider or solicit competitive bids for cost-effective compliance with the requirements of this section.
Page 3, Line 5(5) Beginning in January 2028, and in January every year
Page 3, Line 6thereafter, the secretary of state shall include, as part of the
Page 3, Line 7secretary's presentation during a "SMART Act" hearing held
Page 3, Line 8pursuant to section 2-7-203, information concerning the
Page 3, Line 9implementation of the requirements of this section, including
Page 3, Line 10any challenges and benefits in connection with the requirements of this section.
Page 3, Line 11SECTION 3. Act subject to petition - effective date. This act
Page 3, Line 12takes effect at 12:01 a.m. on the day following the expiration of the
Page 3, Line 13ninety-day period after final adjournment of the general assembly; except
Page 3, Line 14that, if a referendum petition is filed pursuant to section 1 (3) of article V
Page 3, Line 15of the state constitution against this act or an item, section, or part of this
Page 3, Line 16act within such period, then the act, item, section, or part will not take
Page 3, Line 17effect unless approved by the people at the general election to be held in
Page 3, Line 18November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.