§ C.R.S. § 1-7-514Random audit

(1) (a) (I) Except as otherwise provided in subsection (6) of
this section, following each primary, general, coordinated, or congressional district vacancy
election, the secretary of state shall publicly initiate a manual random audit to be conducted by
each county. Unless the secretary approves an alternative method for a particular county that is
based on a proven statistical sampling plan and will achieve a higher level of statistical
confidence, the secretary shall randomly select not less than five percent of the voting devices
used in each county to be audited; except that, where a central count voting device is in use in
the county, the rules promulgated by the secretary pursuant to subsection (5) of this section shall
require an audit of a specified percentage of ballots counted within the county.
(II) For an election taking place in a county prior to the date the county has satisfied the
requirements of section 1-5-802, the audit shall be for the purpose of comparing the manual
tallies of the ballots counted by each voting device selected for each such audit with the
corresponding tallies recorded directly by each such device.
(III) For an election taking place in a county on or after the date the county has satisfied
the requirements of section 1-5-802, the audit shall be conducted for the purpose of comparing
the manual tallies of the voter-verified paper records produced or employed by each voting
device selected for such audit with the corresponding ballot tallies recorded directly by each
such device in the original election tally.
Colorado Revised Statutes 2024
Page 271 of 561
Uncertified Printout
(b) To the extent practicable, no voting device that is used for the random audit required
by paragraph (a) of this subsection (1) shall be used for conducting the testing of voting devices
for recount purposes required by section 1-10.5-102 (3)(a).
(2) (a) Upon completion of the audit required by subsection (1) of this section, if there is
any discrepancy between the manual tallies, as specified in accordance with the requirements of
subparagraph (II) or (III) of paragraph (a) of subsection (1) of this section, as applicable, of the
voting device selected for the audit, and the corresponding tallies recorded by such devices, and
the discrepancy is not able to be accounted for by voter error, the county clerk and recorder, in
consultation with the canvass board of the county established pursuant to section 1-10-101, shall
investigate the discrepancy and shall take such remedial action as necessary in accordance with
its powers under this title.
(b) Upon receiving any written complaint from a registered elector from within the
county containing credible evidence concerning a problem with a voting device, the canvass
board along with the county clerk and recorder shall investigate the complaint and take such
remedial action as necessary in accordance with its powers under this title.
(c) The canvass board and the county clerk and recorder shall promptly report to the
secretary of state a description of the audit process undertaken, including any initial, interim, and
final results of any completed audit or investigation conducted pursuant to paragraph (a) or (b) of
this subsection (2).
(3) The secretary of state shall post the reports of any completed audit or investigation
received pursuant to paragraph (c) of subsection (2) of this section on the official website of the
department of state not later than five business days after receiving the results of the completed
audit or investigation. The clerk and recorder of the affected county may timely post the results
of the completed audit or investigation on the official website of the county.
(4) Any audit conducted in accordance with the requirements of this section shall be
observed by at least two members of the canvass board of the county.
(5) The secretary of state shall promulgate such rules, in accordance with article 4 of title
24, C.R.S., as may be necessary to administer and enforce any requirement of this section,
including any rules necessary to provide guidance to the counties in conducting any audit
required by this section. The rules shall account for:
(a) The number of ballots cast in the county;
(b) An audit of each type of voting device utilized by the county;
(c) The confidentiality of the ballots cast by the electors; and
(d) An audit of the voting on each office, ballot issue, and ballot question in the election.
(6) This section applies only if the secretary of state determines that a risk-limiting audit,
as described in section 1-7-515, cannot be performed.
Colorado Revised Statutes 2024
Page 272 of 561
Uncertified Printout
1-7-515. Risk-limiting audits - rules - legislative declaration - definitions. (1) (a) The
general assembly hereby finds, determines, and declares that the auditing of election results is
necessary to ensure effective election administration and public confidence in the election
process. Further, risk-limiting audits provide a more effective manner of conducting audits than
traditional audit methods in that risk-limiting audit methods typically require only limited
resources for election races with wide margins of victory while investing greater resources in
close races.
(b) By enacting this section, the general assembly intends that the state move toward an
audit process that is developed with the assistance of statistical experts and that relies upon risklimiting audits making use of best practices for conducting such audits.
(2) (a) Following each primary, general, coordinated, recall, or congressional vacancy
election, each county shall make use of a risk-limiting audit in accordance with the requirements
of this section. Races to be audited must be selected in accordance with procedures established
by the secretary of state, and all contested races are eligible for such selection.
(b) (Deleted by amendment, L. 2021.)
(3) Repealed.
(4) (a) The secretary of state shall promulgate rules in accordance with article 4 of title
24 as may be necessary to implement and administer the requirements of this section. In
connection with the promulgation of the rules, the secretary shall consult recognized statistical
experts, equipment vendors, and county clerk and recorders, and shall consider best practices for
conducting risk-limiting audits.
(b) (I) On or before January 1, 2026, the secretary of state shall promulgate rules in
accordance with article 4 of title 24 as necessary to conduct risk limiting audits in an election
using instant runoff voting. In connection with the promulgation of the rules, the secretary shall
consult recognized statistical experts, equipment vendors, and county clerk and recorders, and
shall consider best practices for conducting risk-limiting audits. The secretary of state may
consult with additional auditing experts.
(II) A county shall audit an election using instant runoff voting conducted as part of a
coordinated election before January 1, 2026, in accordance with rules adopted by the secretary of
state related to ranked choice or instant runoff voting, or, if no such rules are adopted, in
accordance with procedures adopted by the county clerk and recorder.
(5) As used in this section:
(a) "Incorrect outcome" means an outcome that is inconsistent with the election outcome
that would be obtained by conducting a full recount.
(b) "Risk-limiting audit" means an audit protocol that makes use of statistical methods
and is designed to limit to acceptable levels the risk of certifying a preliminary election outcome
that constitutes an incorrect outcome.
Page 273 of 561
Uncertified Printout
Cross references: In 2013, subsection (2) was amended and subsection (3) was repealed
by the "Voter Access and Modernized Elections Act". For the short title and the legislative
declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013.
PART 6
ELECTION RETURNS