Corrections

1-10-205. Corrections. 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. Source: L. 92: Entire article R&RE, p. 779, � 13, effective January 1, 1993. L. 99: Entire section amended, p. 483, � 12, effective July 1. PART 3 RECOUNTS 1-10-301 to 1-10-309. (Repealed) Source: L. 99: Entire part repealed, p. 492, � 24, effective July 1. Editor's note: (1) This part 3 originated as part of the repeal and reenactment of this article in 1992. For amendments to this part 3 prior to its repeal in 1999, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume and the editor's note following the article heading for this article. (2) Sections 1-10-301 to 1-10-307 were relocated to article 10.5 of this title 1. Former C.R.S. section numbers are shown in editor's notes following those sections that were relocated. ARTICLE 10.5 Recounts Editor's note: This article was added with relocations in 1999. Former C.R.S. section numbers are shown in editor's notes following those sections that were relocated. 1-10.5-101. Recounts required - expenses. (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. Source: L. 99: Entire article added with relocations, p. 483, � 13, effective July 1. L. 2001: (1) amended, p. 1265, � 1, effective June 5. L. 2006: (1)(b) amended, p. 277, � 1, effective August 7. 1-10.5-102. Recounts for congressional, state, and district offices, state ballot questions, and state ballot issues. (1) If the secretary of state determines that a recount is required for the office of United States senator, representative in congress, any state office or district office of state concern, any state ballot question, or any state ballot issue certified for the ballot by the secretary of state, the secretary of state shall order a complete recount of all the votes cast for that office, state ballot question, or state ballot issue no later than the twenty-fourth day after the election. (2) The secretary of state shall notify the county clerk and recorder of each county involved of a public recount to be conducted in the county. The recount must be completed no later than the thirty-first day after any election. The secretary of state shall promulgate and provide each county clerk and recorder with the necessary rules to conduct the recount in a fair, impartial, and uniform manner, including provisions for watchers during the recount. The rules adopted by the secretary of state shall require the county clerk and recorder to allow any candidate who is subject to a recount to select one watcher for the recount in addition to any watchers otherwise selected for the recount. Any rule concerning the conduct of a recount must take into account the type of voting system and equipment used by the county in which the recount is to be conducted. (3) (a) Prior to any recount, the canvass board shall choose at random and test at least one ballot scanner that will be used in the candidate race, ballot issue, or ballot question that is the subject of the recount. The purpose of the test is to ensure that the voting system accurately tabulates votes in the recounted contest. To conduct the test, the county must prepare and tabulate the following groups of ballots: (I) A group of ballots that includes every ballot style and, where applicable, precinct style containing the recounted contest. The group of ballots must consist of enough ballots to mark every vote position and every possible combination of vote positions for the recounted contest and include overvotes, undervotes, and blank votes in the recounted contest. The canvass board may choose to use the county's group of ballots from the public logic and accuracy test conducted pursuant to section 1-7-509 (2) for the same election to satisfy this requirement. (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) [Editor's note: For the applicability of this subsection (3)(a)(III) on or after January 1, 2026, see the editor's note following this section.] For a mandatory recount, each canvass board member, other than the clerk, shall separately mark their own group of ten test ballots with the recount contest. (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. Source: L. 99: Entire article added with relocations, p. 484, � 13, effective July 1. L. 2001: (2) amended, p. 300, � 1, effective August 8. L. 2002: (1) and (2) amended, p. 1638, � 28, effective June 7. L. 2005: (2) and (3) amended, p. 1423, � 51, effective June 6; (2) and (3) amended, p. 1458, � 51, effective June 6. L. 2012: (1) amended, (HB 12-1292), ch. 181, p. 688, � 40, effective May 17. L. 2018: (2) amended, (SB 18-233), ch. 262, p. 1615, � 36, effective May 29. L. 2021: (3)(a) and (3)(b) amended, (SB 21-250), ch. 282, p. 1653, � 49, effective June 21. L. 2023: (1), (2), (3)(a), and (3)(b) amended, (SB 23-276), ch. 399, p. 2389, � 38, effective June 6. L. 2025: (2) amended, (HB 25-1155), ch. 35, p. 177, � 2, effective August 6; (3)(a)(III) amended, (SB 25-001), ch. 178, p. 746, � 9, effective August 6. Editor's note: (1) This section is similar to former � 1-10-301 as it existed prior to 1999. (2) Section 4(2) of chapter 35 (HB 25-1155), Session Laws of Colorado 2025, provides that the act changing this section applies to recounts held on or after August 6, 2025. (3) Section 16(2) of chapter 178 (SB 25-001), Session Laws of Colorado 2025, provides that the act changing this section applies to elections and election-related activities occurring on or after January 1, 2026. 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. The county clerk and recorder shall ensure that any candidate subject to a recount pursuant to this section may select one watcher for the recount in addition to any watchers otherwise selected for the recount. 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. Source: L. 99: Entire article added with relocations, p. 485, � 13, effective July 1. L. 2001: Entire section amended, p. 300, � 2, effective August 8. L. 2002: Entire section amended, p. 1639, � 29, effective June 7. L. 2005: Entire section amended, p. 1424, � 52, effective June 6; entire section amended, p. 1459, � 52, effective June 6. L. 2018: Entire section amended, (SB 18-233), ch. 262, p. 1616, � 37, effective May 29. L. 2023: Entire section amended, (SB 23-276), ch. 399, p. 2391, � 39, effective June 6. L. 2025: Entire section amended, (HB 25-1155), ch. 35, p. 178, � 3, effective August 6. Editor's note: (1) This section is similar to former � 1-10-302 as it existed prior to 1999. (2) Section 4(2) of chapter 35 (HB 25-1155), Session Laws of Colorado 2025, provides that the act changing this section applies to recounts held on or after August 6, 2025. 1-10.5-104. Recount for nonpartisan elections not coordinated by county clerk and recorder. (Repealed) Source: L. 99: Entire article added with relocations, p. 485, � 13, effective July 1. L. 2001: Entire section amended, p. 301, � 3, effective August 8. L. 2002: Entire section amended, p. 1639, � 30, effective June 7. L. 2024: Entire section repealed, (SB 24-210), ch. 468, p. 3256, � 41, effective June 6. Editor's note: Prior to its repeal, this section was similar to former � 1-10-303 as it existed prior to 1999. 1-10.5-105. Notice of recount. Notice prior to the recount must be given to all candidates and, in the case of a ballot issue or ballot question, any petition representative identified pursuant to section 1-40-113, any governing body, or any agent of an issue committee, if such committee is required to report contributions to the secretary of state pursuant to the Fair Campaign Practices Act, article 45 of this title, that are affected by the result of the election. Notice must be given by email, telephone, facsimile transmission, or personal service. Source: L. 99: Entire article added with relocations, p. 485, � 13, effective July 1. L. 2021: Entire section amended, (SB 21-250), ch. 282, p. 1653, � 50, effective June 21. 1-10.5-106. Request for recount by interested party - definition. (1) As used in this section, interested party means the candidate who lost the election, the political party or political organization of such candidate, any petition representative identified pursuant to section 1-40-113 for a ballot issue or ballot question that did not pass at the election, the governing body 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. Source: L. 99: Entire article added with relocations, p. 486, � 13, effective July 1. L. 2002: (2) amended, p. 1639, � 31, effective June 7. L. 2005: (2) amended, p. 1424, � 53, effective June 6; (2) amended, p. 1460, � 53, effective June 6. L. 2011: (2) amended, (SB 11-189), ch. 243, p. 1066, � 18, effective May 27. L. 2018: (2) amended, (SB 18-233), ch. 262, p. 1616, � 38, effective May 29. L. 2023: (2) amended, (SB 23-276), ch. 399, p. 2391, � 40, effective June 6. Editor's note: This section is similar to former �� 1-10-1304 and 1-10-304.5 as they existed prior to 1999. 1-10.5-107. Conducting a recount. (1) [Editor's note: For the applicability of this subsection (1) on or after January 1, 2026, see the editor's note following this section.] Any county clerk and recorder required to conduct a recount shall arrange for the canvass board who officiated in certifying the official abstract of votes cast to observe the conduct of the recount. If any member of the canvass board cannot be present for the recount, another person shall be appointed in the manner provided by law for appointment of the members of the original board. (2) [Editor's note: For the applicability of this subsection (2) on or after January 1, 2026, see the editor's note following this section.] A county clerk and recorder conducting a recount shall employ assistants, clerks, and election judges as necessary for the conduct of the recount. The clerk and recorder shall employ a bipartisan team of election judges to determine issues of voter intent in accordance with rules adopted by the secretary of state. If the bipartisan team of election judges cannot make a unanimous decision regarding an issue of voter intent, the canvass board shall, by majority vote, make such determination. (3) [Editor's note: For the applicability of this subsection (3) on or after January 1, 2026, see the editor's note following this section.] The canvass board may correct the abstract of votes cast, should a discrepancy in the vote tabulation be discovered during the recount. (4) [Editor's note: For the applicability of this subsection (4) on or after January 1, 2026, see the editor's note following this section.] At the conclusion of the recount, the county clerk and recorder shall make the returns of all partisan, nonpartisan, ballot issue, and ballot question elections to the canvass board 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. Source: L. 99: Entire article added with relocations, p. 487, � 13, effective July 1. L. 2025: (1), (2), (3), and (4) amended, (SB 25-001), ch. 178, p. 747, � 10, effective August 6. Editor's note: (1) This section is similar to former � 1-10-305 as it existed prior to 1999. (2) Section 16(2) of chapter 178 (SB 25-001), Session Laws of Colorado 2025, provides that the act changing this section applies to elections and election-related activities occurring on or after January 1, 2026. 1-10.5-108. Method of recount. (Repealed) Source: L. 99: Entire article added with relocations, p. 487, � 13, effective July 1. L. 2001: Entire section amended, p. 301, � 4, effective August 8. L. 2005: Entire section repealed, p. 1425, � 56, effective June 6; entire section repealed, p. 1461, � 56, effective June 6. Editor's note: This section was similar to former � 1-10-306 as it existed prior to 1999. 1-10.5-109. Challenge of recount - definition. (1) (a) As used in this section, interested party means: (I) A candidate, political party, or political organization of a candidate; (II) A petition representative identified pursuant to section 1-40-113 for a ballot issue or ballot question; (III) The governing body that referred a ballot question or ballot issue to the electorate; or (IV) The agent of an issue committee that is required to report contributions pursuant to the Fair Campaign Practices Act, article 45 of this title 1, that either supported or opposed a ballot question or ballot issue of a race, question, or issue that is being recounted. (a.5) Any interested party to a required or requested recount of a county, state, national, or district office of state concern, that has reasonable grounds to believe that the recount is not being conducted in a fair, impartial, and uniform manner may apply to the district court of the city and county of Denver for an order requiring the county clerk and recorder to stop the recount and to give the secretary of state access to all pertinent election records used in conducting the recount and requiring the secretary of state to conduct the recount. The secretary 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. Source: L. 99: Entire article added with relocations, p. 488, � 13, effective July 1. L. 2024: (1) amended, (SB 24-210), ch. 468, p. 3257, � 42, effective June 6. Editor's note: This section is similar to former � 1-10-307 as it existed prior to 1999. 1-10.5-110. Procedures for recount on direct recording electronic voting equipment. (Repealed) Source: L. 2000: Entire section added, p. 1727, � 2, effective July 1. L. 2004: (1)(b), (3), and (4) amended, p. 1360, � 27, effective May 28. L. 2005: Entire section repealed, p. 1425, � 56, effective June 6; entire section repealed, p. 1461, � 56, effective June 6. ARTICLE 11 Certificates of Election and Election Contests Editor's note: Articles 1 to 13 were repealed and reenacted in 1980, and this article was subsequently repealed and reenacted in 1992, resulting in the addition, relocation, and elimination of sections as well as subject matter. For amendments to this article prior to 1992, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume and the editor's note following the title heading. Former C.R.S. section numbers are shown in editor's notes following those sections that were relocated in 1992. For a detailed comparison of this article for 1980 and 1992, see the comparative tables located in the back of the index. PART 1 TIE VOTES AND CERTIFICATES OF ELECTION