State Summary
Colorado statute requires an automatic recount when the margin of victory for a contest is less than or equal to 0.5%. Candidates, political parties, and designated representatives of ballot measures can request recounts. Automatic recounts must be completed within 31 days after an election; initiated recounts must be completed within 35 days after an election. Recounts are conducted through a mix of retabulation and hand counting.
Counting Method
Required hand count of a sample of ballots in addition to other counting methods
Mix of hand count and retabulation
According to Colorado's Election Rules, "The purpose of a recount is to re-tabulate the ballots." Rule 10.9.1 (8 CCR 1505-1).
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 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." The canvass board then conducts a comparison of the machine count of the ballots counted on each such ballot scanner for the candidate race, ballot issue, or ballot question to the corresponding manual count of the voter-verified paper records. If the results of the comparison of the machine count and the manual count 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 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 must then 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. 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 10.13.2(a) (8 CCR 1505-1).
Any batches of ballots that were initially counted by hand are also recounted by hand. Rule 10.13.3(a) (8 CRR 1505-1).
Initiating Mechanisms
Close vote margin
Candidate-initiated
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).
Close Vote Margin Options
Less than or equal to 0.5%
Initiated automatically
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).
The law also clarifies the close vote margin for election contests in which more than one candidate is to be elected. In this case, the margin is calculated by dividing the difference between “the candidate who won the election with the least votes and the candidate who lost the election with the most votes” by the votes cast for “the candidate who won the election with the least votes.” No matter the office and method of calculation, the margin must be “less than or equal to 0.5%.” No restrictions are listed regarding the type of election for which the close vote margin applies. C.R.S. 1-10.5-101. “Political subdivisions” other than the state have the ability to waive the automatic recount requirement for ballot issues and questions they referred to the ballot. C.R.S. 1-10.5-103.
Timing: For 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). For recounts for contests and questions under county jurisdiction see C.R.S. 1-10.5-103.
Candidate-Initiated Options
Party official may also petition for candidate
The rules for initiating a recount are the same for candidates, political parties and designated representatives of ballot measures. The request must be in writing and notarized. Party officials may also petition for candidate. C.R.S. 1-10.5-106.
Timing: The request must be made within 22 days after the election, and the recount must be completed no later than 35 days after the election. C.R.S. 1-10.5-106 (2).
Voter-Initiated Options
Recounts for ballot initiatives cannot be 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. C.R.S. 1-10.5-106
Cost for Candidate-Initiated Recounts
Paid entirely by initiator
Payor of costs depends on outcome
Costs are not determined before the election but determined before the recount by the respective election official with whom the candidate or his/her party 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.
Cost for Voter-Initiated Recounts
Recounts cannot be requested by voters at large. See "Voter-Initiated Options" section.
Challengers and Observers
Party/candidate/initiator may appoint observers, no guidance on 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. Rule 8.10.2(a)(11) (8 CCR 1505-1).
Rule 8.3 (8 CCR 1505-1) also clearly states that political party attorneys are not allowed into counting locations unless formally registered as a watcher. Neither state statutes nor rule specifically grant watchers the ability to challenge ballots. However, Rule 8.16 (8 CCR 1505-1-8.16) provides that “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 a party to one may challenge the entire process in the appropriate district court. C.R.S. 1-10.5-109. Colorado statute does not require that recounts be conducted publicly; however, 8 CCR 1505-1, Rule 8.18 (8 CCR 1505-1-8.18) provides that “Media Observers may witness all election activities.”
Rules for Determining Voter Intent
Colorado statute provides some guidance for interpreting the validity of improperly made voter marks in C.R.S. 1-7-309 and C.R.S. 1-7-508, as well as in Rule 18 (8 CCR 1505-1-18) of the Secretary of State's regulations.
Resources
C.R.S. 1-7-105
C.R.S. 1-7-106
C.R.S. 1-7-107
C.R.S. 1-7-309
C.R.S. 1-7-508
C.R.S. 1-10.5-101
C.R.S. 1-10.5-102
C.R.S. 1-10.5-103
C.R.S. 1-10.5-106
C.R.S. 1-10.5-109
C.R.S. 1-40-113
Colorado Regulations, 8 CCR 1505-1 Rule 8
Colorado Regulations, 8 CCR 1505-1 Rule 10
Colorado Regulations, 8 CCR 1505-1 Rule 18