(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 thirtieth day after the election.
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 at a place prescribed by the secretary of state. The recount shall be completed no later than the thirty-fifth 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. 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.
(a) Prior to any recount, 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:
In the case of an election taking place in a county prior to the date the county hassatisfied the requirements of section 1-5-802, the ballots; or
For an election taking place in a county on or after the date the county has satisfiedthe requirements of section 1-5-802, the voter-verified paper records.
If the results of the comparison of the machine count and the manual count in accordance with the requirements of subparagraph (I) or (II) of paragraph (a) of this subsection (3) 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 subparagraph (I) or (II) of paragraph (a) of this subsection (3) are not identical, or if any discrepancy is not able to be accounted for by voter error, a presumption shall be 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. Nothing in this subsection (3) shall be construed to limit any person from pursuing any applicable legal remedy otherwise provided by law.
The secretary of state shall promulgate such rules, in accordance with article 4 of title24, 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:
The number of ballots cast in the candidate race, ballot issue, or ballot question that isthe subject of the recount;
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
The confidentiality of the ballots cast by the electors in the candidate race, ballotissue, 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.
Editor's note: This section is similar to former § 1-10-301 as it existed prior to 1999.