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2022 Colorado Code
Title 40 - Utilities
Article 9.5 - Cooperative Electric Associations
Part 1 - Generally
§ 40-9.5-109.7. Electronic Participation - Meetings - Elections Conducted by Mail or Electronic Means - Definition
Universal Citation: CO Code § 40-9.5-109.7 (2022)
- A cooperative electric association may adopt provisions in its bylaws authorizing members to participate electronically in member meetings of the association.
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- Notwithstanding section 7-55-110 or any other provision of law to the contrary, a cooperative electric association may adopt provisions in its bylaws authorizing members to vote electronically in an election of directors of the board or in an election on any matter requiring a vote of the membership. If authorized by its bylaws, the association may establish a secure and verifiable electronic transmission system through which a member may apply for, receive, and return a ballot in an election.
- As used in this section, "secure and verifiable electronic transmission system" means a system that saves and is capable of producing the records necessary to audit the operation of the electronic transmission, including a paper record of all ballots sent and received.
- Notwithstanding section 7-55-119, a member who registers in person or electronically at any cooperative electric association meeting or who casts a vote through mail ballot or a secure electronic transmission system if authorized by the association's bylaws is considered present in person for the purpose of determining a quorum for action by the membership.
- Notwithstanding any other provision of law, a cooperative electric association may adopt provisions in its bylaws allowing directors on the board of directors to participate and vote electronically in meetings of the board of directors. A meeting of the board of directors that is conducted electronically must allow members of the association an opportunity to address the board in accordance with section 40-9.5-108 (2)(b).
Source: L. 2021: Entire section added, (HB 21-1131), ch. 65, p. 263, § 5, effective September 7.
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