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Thanks Margit. I wonder if the author of the bill understood
that this “buried text” allows non-verified ballots (the bar codes)
to be counted? Unverifiable printing claims to verify
unverifiable digital ballots. The bar code can be programmed to match
the screen, but not the plain text printing, therefore tricking the voter and
opening the door to error and fraud. Does it ever stop? Al From: Margitjo@xxxxxxx
[mailto:Margitjo@xxxxxxx] Al, Check (22.7) below. Margit 1-1-104.
Definitions - repeal.
Statute text
As used in this code, unless the context otherwise requires: (1) "Abstract of votes cast" means a certified
record of the results in each election for candidates for any office, ballot
issue, or ballot question that the county clerk and recorder certified for the
ballot. (1.1) "Address of record" means the elector's
place of residence as specified in accordance with section 1-2-204 (2) (f). (1.2) "Affiliation" means an elector's decision to
affiliate with either a political party or a political organization, as defined
in subsections (24) and (25) of this section. (1.3) "Assembly" means a meeting of delegates of a
political party, organized in accordance with the rules and regulations of the
political party, held for the purpose of designating candidates for
nominations. (1.5) "Authorizing legislation" means the
provisions of the state constitution or statutes or of a local charter
authorizing the existence and powers of a political subdivision and providing
for the call and conduct of the political subdivision's election. (1.7) "Ballot" means the list of all candidates,
ballot issues, and ballot questions upon which an eligible elector is entitled
to vote at an election. (2) "Ballot box" means the locked and sealed
container in which ballots are deposited by eligible electors. The term
includes the container in which ballots are transferred from a polling place to
the office of the designated election official and the transfer case in which
electronic ballot cards and paper tapes and the "prom" or any other
electronic tabulation device are sealed by election judges for transfer to the
central counting center. (2.1) "Ballot card" means the card, tape, or other
vehicle on which an elector's votes are recorded in an electronic or
electromechanical voting system. (2.3) "Ballot issue" means a state or local
government matter arising under section 20 of article X of the state
constitution, as defined in sections 1-41-102 (4) and 1-41-103 (4),
respectively. (2.5) "Ballot issue notice" means the notice which
is required by section 20 (3) (b) of article X of the state constitution and
comprises the material between the notice title and the conclusion of the
summary of comments. (2.7) "Ballot question" means a state or local
government matter involving a citizen petition or referred measure, other than
a ballot issue. (3) (Deleted by amendment, L. 94, p. 1750, § 1, effective
January 1, 1995.) (4) (Deleted by amendment, L. 93, p. 1394, § 2, effective
July 1, 1993.) (5) "Congressional vacancy election" means an
election held at a time other than the general election for the purpose of
filling a vacancy in an unexpired term of a representative in congress. (6) "Convention" means a meeting of delegates of a
political party, organized in accordance with the rules and regulations of the
political party, held for the purpose of selecting delegates to other political
conventions, including national conventions, making nominations for presidential
electors, or nominating candidates to fill vacancies in unexpired terms of
representatives in congress or held for other political functions not otherwise
covered in this code. (6.5) "Coordinated election" means an election
where more than one political subdivision with overlapping boundaries or the
same electors holds an election on the same day and the eligible electors are
all registered electors, and the county clerk and recorder is the coordinated
election official for the political subdivisions. (7) "County" includes a city and county. (7.5) "Deliverable mailing address" means the
elector's mailing address if different from the elector's address of record as
specified in accordance with section 1-2-204 (2) (f). (8) "Designated election official" means the
member of a governing board, secretary of the board, county clerk and recorder,
or other person designated by the governing body as the person who is
responsible for the running of an election. (9) "District captain" or "district
co-captain" means any registered elector who is a resident of the
district, is affiliated with a political party, and is designated or elected
pursuant to political party rules of the county. (9.5) "District office of state concern" means
those elective offices, involving congressional districts or unique political
subdivisions with territory in more than one county and with their own enabling
legislation, as identified by rules of the secretary of state based upon the
method for designating candidates for office and responsibility for
identification and qualification of candidates. (9.6) "Driver's license" means any license,
temporary instruction permit, or temporary license issued under the laws of
this state pertaining to the licensing of persons to operate motor vehicles and
any identification card issued under part 4 of article 2 of title 42, C.R.S. (10) "Election official" means any county clerk
and recorder, election judge, member of a canvassing board, member of a board
of county commissioners, member or secretary of a board of directors authorized
to conduct public elections, representative of a governing body, or other
person contracting for or engaged in the performance of election duties as
required by this code. (11) "Election records" includes but is not
limited to accounting forms, certificates of registration, pollbooks,
certificates of election, signature cards, all affidavits, absentee voter
applications, absentee voter lists and records, absentee voter return
envelopes, voted ballots, unused ballots, spoiled ballots, and replacement
ballots. (12) "Elector" means a person who is legally
qualified to vote in this state. The related terms "eligible
elector", "registered elector", and "taxpaying
elector" are separately defined in this section. (13) "Elector registration information changes"
means changes in the name, address, or political affiliation of a registered
elector which are allowed by the provisions of this code. (13.5) "Electromechanical voting system" means a
system in which an elector votes using a device for marking a ballot card using
ink or another visible substance and the votes are counted with electronic
vote-tabulating equipment. The term includes a system in which votes are
recorded electronically within the equipment on paper tape and are recorded simultaneously
on an electronic device that permits tabulation at a counting center. (14) "Electronic vote-tabulating equipment" or
"electronic vote-counting equipment" means any apparatus that
examines and records votes automatically and tabulates the result, including
but not limited to optical scanning equipment. The term includes any apparatus
that counts votes electronically and tabulates the results simultaneously on a
paper tape within the apparatus, that uses an electronic device to store the
tabulation results, and that has the capability to transmit the votes into a
central processing unit for purposes of a printout and an official count. (14.5) "Electronic voting device" means a device
by which votes are recorded electronically, including a touchscreen system. (15) (a) "Electronic voting equipment" or
"punch card electronic voting system" means a method in which votes
are recorded on ballots or ballot cards by means of marking or punching and
such votes are subsequently counted and tabulated by electronic vote-tabulating
equipment at one or more counting centers. "Electronic voting
equipment" includes a system in which votes are recorded electronically
within the equipment on paper tape and are recorded simultaneously on a
removable "prom" or other electronic device which permits tabulation
at a counting center. (b) This subsection (15) is repealed, effective January 1,
2006. (15.5) "Electronic voting system" means a system
in which an elector votes using an electronic voting device. (16) "Eligible elector" means a person who meets
the specific requirements for voting at a specific election or for a specific
candidate, ballot question, or ballot issue. If no specific provisions are
given, an eligible elector shall be a registered elector, as defined in
subsection (35) of this section. (17) "General election" means the election held on
the Tuesday succeeding the first Monday of November in each even-numbered year. (18) "Governing body" means a board of county
commissioners, a city council, a board of trustees, a board of directors, or
any other entity which is responsible for the calling and conducting of an
election. (19) "Gubernatorial" means and refers to voting in
general elections for the office of governor. (19.5) (a) "Identification" means: (I) A valid (II) A valid identification card issued by the department of
revenue in accordance with the requirements of part 3 of article 2 of title 42,
C.R.S.; (III) A valid (IV) A valid employee identification card with a photograph
of the eligible elector issued by any branch, department, agency, or entity of
the United States government or of this state, or by any county, municipality,
board, authority, or other political subdivision of this state; (V) A valid pilot's license issued by the federal aviation
administration or other authorized agency of the (VI) A valid (VII) A copy of a current utility bill, bank statement,
government check, paycheck, or other government document that shows the name
and address of the elector; (VIII) A valid medicare or medicaid card issued by the (IX) A certified copy of a birth certificate for the elector
issued in the (X) Certified documentation of naturalization. (b) Any form of identification indicated in paragraph (a) of
this subsection (19.5) that shows the address of the eligible elector shall be
considered identification only if the address is in the state of Colorado. (20) "Joint candidates" means the two candidates
for the office of governor and the office of lieutenant governor for whom one
vote cast at any general election is applicable to both offices. (21) (Deleted by amendment, L. 93, p. 1394, § 2, effective
July 1, 1993.) (22) "Major political party" means any political
party that at the last preceding gubernatorial election was represented on the
official ballot either by political party candidates or by individual nominees
and whose candidate at the last preceding gubernatorial election received at
least ten percent of the total gubernatorial votes cast. (22.5) "Major political party affiliation" means
an elector's decision to affiliate with a major political party, as defined in
subsection (22) of this section. (22.7) "Manual count" means a count conducted by
hand or by scanning a bar code. (23) "Minor political party" means a political
party other than a major political party that satisfies one of the conditions
set forth in section 1-4-1303 (1) or has submitted a sufficient petition in
accordance with section 1-4-1302. (23.3) "Nonpartisan election" means an election
that is not a partisan election. (23.4 |