Colorado Recount Laws
Note: The Colorado's Revised Statutes (C.R.S.) are available here.
Paper ballot (hand marked paper ballots and ballot marking devices)
For more details, visit Verified Voting.
Mix of hand count and retabulation
Required hand count of a sample of ballots in addition to other counting methods
Rule 10.9.1 (8 CCR 1505-1) states that" The purpose of a recount is to re-tabulate the ballots."
For recounts for congressional, state, and district offices, state ballot questions, and state ballot issues:
“(a)…the canvass board shall choose at random and test voting devices used in the candidate race, ballot issue, or ballot question that is the subject of the recount. The board shall use the voting devices it has selected to conduct a comparison of the machine count of the ballots counted on each such voting device for the candidate race, ballot issue, or ballot question to the corresponding manual count of the voter-verified paper records. (b) 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 are identical, or if any discrepancy is able to be accounted for by voter error, then the recount may 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 are not identical, or if any discrepancy is not able to be accounted for by voter error, a presumption is created that the voter-verified paper records will be used for a final determination 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….” C.R.S. 1-10.5-102(3)
“A county that has successfully completed a comparison audit under Rule 25.2 and reported no discrepancies in the recount contest need not re-scan ballots during a recount, except [by request of an interested party]....” Rule 10.9.2 (8 CCR 1505-1). However, “in all cases, the county must re-adjudicate ballot images for voter intent” regarding “every overvote, undervote, blank vote, ambiguous mark, and write-in vote.” Rule 10.13.(3) (8 CCR 1505-1).
Any batches of ballots that were initially counted by hand are also recounted by hand. Rule 10.13.5(a), (8 CRR 1505-1).
Close vote margin
While election officials can't initiate recounts in Colorado, “the governing body that referred a ballot question or ballot issue to the electorate” may request a recount, even when the vote margin is not close enough to require the recount. C.R.S. 1-10.5-106(1).
Less than or equal to 0.5%
A recount is required when 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." C.R.S. 1-10.5-101(1)(b).
Timing: Recounts for congressional, state, and district offices, state ballot questions, and state ballot issues see C.R.S. 1-10.5-102, Subsections (1) and (2). Recounts for contests and questions under county jurisdiction see C.R.S. 1-10.5-103. Recounts for nonpartisan elections not coordinated by the county clerk and recorder see C.R.S. 1-10.5-104.
Party official may petition for candidate
The rules for initiating a recount are the same for candidates, political parties and designated representatives of ballot measures. C.R.S. 1-10.5-106 (1).
Recounts for issues and questions in Colorado are not requested by voters at large, but only by those who either originally served as designated representatives when the petition for the question or issue was circulated or are “the agent of an issue committee that is required to report contributions” and supported or opposed the question or issue. C.R.S. 1-10.5-106 and C.R.S. 1-40-113. Such representatives and agents qualify as “interested parties” and may request recounts in accordance with the rules set out for candidate-initiated recounts.
Initiator pays deposit or bond before recount
Payer of costs depends on outcome of recount
Costs are not determined before the election but determined before the recount by the respective election official with whom the candidate has filed their recount request. The candidate must pay the full amount before the recount begins. All funds are returned to the initiating party if the election results are reversed in their favor, or if they are sufficiently changed such that a close vote margin recount would have been warranted. C.R.S. 1-10.5-106.
Party/candidate or initiator has statutory authority to appoint observers
No statutory guidance for recount challengers
Political parties, candidates, and those sponsoring issues and questions are allowed to have designated “watchers” during the initial counting process, but the statutes do not clarify if such watchers are also allowed during recounts. C.R.S. 1-7-105, 1-7-106, and 1-7-107. The Secretary of State's regulations, however, clarify that watchers may also be present at recounts. 8 CCR 1505-1 Rule 8.10.2(a)(11). Rule 8.3 also clearly states that political party attorneys are not allowed into counting locations unless formally registered as a watcher. Neither the state statutes or rules specifically grant watchers the ability to challenge ballots. However, Rule 8.16 provides that “Unless the county clerk has established another process, if a watcher disputes a decision made by an election judge or alleges a discrepancy, the watcher must alert the designated watcher contact.” Also, those initiating a recount or who are party to one may challenge the entire process in the appropriate district court. C.R.S. 1-10.5-109. We found no statute requiring that the recount be conducted publicly; however, 8 CCR 1505-1, Rule 8.18 provides that “Media Observers may witness all election activities.”
See Rule 25, post-election audit and the Colorado Risk Limiting Audit Project.
The Voting Equipment and Counting Methods Sections were revised 10/21/2022.
The other sections were updated 10/21/2020 using Colorado Revised Statutes, current at the time of review through all laws passed and signed in the First Regular and First Extraordinary Sessions of the 72nd General Assembly. In addition, the update references the Code of Colorado Regulations, published on website of the Office of the Colorado Secretary of State.