§ C.R.S. § 1-7-309Determination of improperly marked ballots

(1) Votes cast for an office to
be filled or a ballot issue to be decided shall not be counted if an elector marks more names than
there are persons to be elected to an office or if for any reason it is impossible to determine the
elector's choice of candidate or vote concerning the ballot issue; except that an elector's rankings
of multiple candidates in an election using instant runoff voting shall be recorded and counted in
accordance with section 1-7-1003 and rules promulgated by the secretary of state.
(2) A defective or an incomplete cross mark on any ballot in a proper place shall be
counted if no other cross mark appears on the ballot indicating an intention to vote for some
other candidate or ballot issue.
(3) No ballot shall be counted unless it has the official endorsement required by section