Current through 11/5/2024 election
Section 40-9.5-109.7 - Electronic participation - meetings - elections conducted by mail or electronic means - definition(1) A cooperative electric association may adopt provisions in its bylaws authorizing members to participate electronically in member meetings of the association.(2)(a) 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.(b) 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.(3) 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.(4) 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).Added by 2021 Ch. 65,§5, eff. 9/7/2021.L. 2021: Entire section added, (HB 21-1131), ch. 263, p. 263, § 5, effective September 7. 2021 Ch. 65, was passed without a safety clause. See Colo. Const. art. V, § 1(3).