§ C.R.S. § 1-10-205Corrections

If the canvass board finds a clerical error or omission in the
returns, the board shall consult with the election judges from whom the returns were received to
resolve the discrepancies. The election judges shall submit to the canvass board any
documentation for verification of the additions and corrections, and the canvass board shall
make any additions and corrections required by the facts of the case. The canvass board may
adjourn from day to day for the purpose of obtaining the corrections and additions.
C.R.S. section numbers are shown in editor's notes following those sections that were relocated.
ARTICLE 10.5
Recounts
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(1) (a) (Deleted by amendment, L. 2001, p. 1265, § 1, effective June 5, 2001.)
(b) A recount of any election contest shall be held if the difference between the highest
number of votes cast in that election contest and the next highest number of votes cast in that
election contest is less than or equal to one-half of one percent of the highest vote cast in that
election contest. If there is more than one person to be elected in an election contest, a recount
shall be held if the difference between the votes cast for the candidate who won the election with
the least votes and the candidate who lost the election with the most votes is less than or equal to
one-half of one percent of the votes cast for the candidate who won the election with the least
votes. A recount shall occur only after the canvass board certifies the original vote count.
(2) Except as provided in section 1-10.5-106, any expenses incurred in conducting a
recount in any political subdivision shall be paid by the entity that certified the candidate, ballot
question, or ballot issue for the ballot. Members of the canvass board who assist in any recount
shall receive the same fees authorized for counting judges in section 1-6-115.
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(II) For a requested recount, a group of ballots consisting of ten ballots with the recount
contest marked by the individual requesting the recount, any other candidate in the contest, or
the person or organization that could have requested the recount; and
(III) For a mandatory recount, a group of ballots consisting of ten ballots with the
recount contest marked by at least two canvass board members of different party affiliations.
(b) A bipartisan team of election judges or staff must hand tally the recounted contest on
the test ballots and verify that the hand tally matches the voting system's tabulation for each
scanner that is being tested. If the canvass board uses the county's group of ballots from the
public logic and accuracy test conducted under section 1-7-509 (2), then the canvass board may
use the known results or previous hand tally of that group of ballots in lieu of hand tallying the
recounted contest for those ballots. If the results of the comparison of the machine count and the
manual count in accordance with the requirements of subsection (3)(a) of this section and this
subsection (3)(b) are identical, or if the canvass board concludes that any discrepancies are
attributable to human error, then the recount must be conducted in the same manner as the
original ballot count. If the results of the comparison of the machine count and the manual count
in accordance with the requirements of subsection (3)(a) of this section and this subsection (3)(b)
are not identical, or if any discrepancy is not able to be accounted for by voter error, a
presumption is created that a hand count of the voter-verified paper records will be used for the
recount, unless evidence exists that the integrity of the voter-verified paper records has been
irrevocably compromised. The secretary of state shall decide which method of recount is used in
each case, based on the secretary's determination of which method will ensure the most accurate
count, subject to judicial review for abuse of discretion. Nothing in this subsection (3) limits any
person from pursuing any applicable legal remedy otherwise provided by law.
(c) 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 the test of voting
devices for the recount required by paragraph (a) of this subsection (3). The rules shall account
for:
(I) The number of ballots cast in the candidate race, ballot issue, or ballot question that is
the subject of the recount;
(II) An audit of each type of voting device utilized by the county in the candidate race,
ballot issue, or ballot question that is the subject of the recount; and
(III) The confidentiality of the ballots cast by the electors in the candidate race, ballot
issue, or ballot question that is the subject of the recount.
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1-10.5-103. Recount for other offices, ballot issues, and ballot questions in an
election coordinated by county clerk and recorder. In any election coordinated by the county
clerk and recorder, if it appears, as evidenced by the official abstract of votes cast, that a recount
is required for any office, ballot question, or ballot issue not included in section 1-10.5-102, the
county clerk and recorder shall order a recount of the votes cast for the office, ballot question, or
ballot issue to be conducted in accordance with section 1-10.5-102. Any recount of the votes
must be completed no later than the thirty-first day after the election. A political subdivision that
referred a ballot issue or ballot question to the electors may waive the automatic recount
provisions of this section if the ballot issue or ballot question fails by giving written notice to the
county clerk and recorder within twenty-three days after any election.
Campaign Practices Act", article 45 of this title, that are affected by the result of the election.
Notice must be given by e-mail, telephone, facsimile transmission, or personal service.
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that referred a ballot question or ballot issue to the electorate if such ballot question or ballot
issue did not pass at the election, or the agent of an issue committee that is required to report
contributions pursuant to the "Fair Campaign Practices Act", article 45 of this title, that either
supported a ballot question or ballot issue that did not pass at the election or opposed a ballot
question or ballot issue that passed at the election.
(2) Whenever a recount is not required an interested party may submit a notarized
written request for a recount to be conducted in accordance with section 1-10.5-102 at the
expense of the interested party making the request. This request must be filed with the secretary
of state, the county clerk and recorder, the designated election official, or other governing body
that originally certified the candidate, ballot question, or ballot issue for the ballot no sooner than
ten days or later than twenty-two days after any primary, general, coordinated, or recall election.
A request under this section by an interested party may be made only once. The election official
shall notify the political subdivision within which the election was held no later than the day
following receipt of the request. Before conducting the recount, the election official who will
conduct the recount shall determine the cost of the recount within four days of receiving the
request to recount, but no later than twenty-four days following the election, and shall notify the
interested party that requested the recount of the cost. If the request is filed with the secretary of
state, the secretary of state shall determine the cost of the recount by adding the individual
amounts determined by the political subdivisions conducting the recount. The interested party
that requested the recount shall pay the cost of the recount by certified funds to the election
official with whom the request for a recount was filed no later than twenty-seven days after the
election. The funds must be placed in escrow for payment of all direct and indirect expenses,
including staff time and related expenses, incurred by the county or secretary of state in the
recount. If after the recount the result of the election is reversed in favor of the interested party
that requested the recount or if the amended election count is such that a recount otherwise
would have been required, the payment for expenses shall be refunded to the interested party that
requested the recount. Any escrow amounts not refunded to the interested party that requested
the recount must be paid to the election officials who conducted the recount. Any recount of
votes pursuant to this section must be completed no later than the thirty-fifth day after any
primary, general, coordinated, or recall election.
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the canvass board cannot participate in the recount, another person shall be appointed in the
manner provided by law for appointment of the members of the original board.
(2) Any canvass board making a recount under the provisions of this section may
employ assistants and clerks as necessary for the conduct of the recount.
(3) The canvass board may require the production of any documentary evidence
regarding any vote cast or counted and may correct the abstract of votes cast in accordance with
its findings based on the evidence presented.
(4) At the conclusion of the recount, the canvass board shall make the returns of all
partisan, nonpartisan, ballot issue, and ballot question elections to the designated election official
and provide a copy to the persons or groups requesting the recount or notified of the recount
pursuant to sections 1-10.5-105 and 1-10.5-106. The canvass board shall meet and issue an
amended abstract of votes cast for the office, ballot issue, or ballot question that is the subject of
the recount and deliver it to the designated election official.
(5) The designated election official shall notify the governing body of the results of the
recount.
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of state may employ assistants and clerks as necessary to conduct the recount. The county clerk
and recorder shall be an official observer during any recount conducted by the secretary of state.
(b) Any interested party to a required or requested recount of any other local office,
ballot question, or ballot issue that has reasonable grounds to believe that the designated election
official is not conducting the recount in a fair, impartial, and uniform manner may apply to the
district court for the political subdivision for an order requiring the designated election official to
stop the recount and to give the appropriate official who will take over conducting the recount
access to all pertinent election records and requiring the appropriate official to conduct the
recount. If the county clerk and recorder is not the designated election official, then the county
clerk and recorder is the appropriate official to conduct the recount. If the county clerk and
recorder is the designated election official, then the secretary of state is the appropriate official to
conduct the recount. The secretary of state or county clerk may employ assistants and clerks as
necessary to conduct the recount. The designated election official shall be an official observer
during any recount conducted pursuant to this subsection (1).
(2) All expenses incurred by the secretary of state in conducting a recount pursuant to
subsection (1) of this section shall be paid from the state general fund. Expenses incurred prior to
a court order requiring the secretary of state to conduct the recount shall be paid by the county or
political subdivision conducting the recount.
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PART 1
TIE VOTES AND CERTIFICATES OF ELECTION