C.R.S. Section 31-10-1207
Recount


(1)

The municipal clerk shall conduct a recount of the votes cast in any election if it appears, as evidenced by the survey of returns, that the difference between the highest number of votes cast in the election and the next highest number of votes cast in the election is less than or equal to one-half of one percent of the highest number of votes cast in the election. Any recount conducted pursuant to this subsection (1) shall be completed no later than the fifteenth day following the election and shall be paid for by the governing body. The clerk shall give notice of the recount to all candidates and, in the case of a ballot issue or question, to any petition representatives identified pursuant to sections 31-2-221 (1), 31-4-502 (1)(a)(I), and 31-11-106 (2) that are affected by the result of the election. Such notice shall be given by certified mail, by posting such notice in three public places within the municipal limits, or by other means reasonably expected to notify the affected candidates or petition representatives. Any affected candidate or petition representative is allowed to be present during and observe the recount.

(2)

Whenever a recount of the votes cast in an election is not required pursuant to subsection (1) of this section, any interested party, including a candidate for office or the petition representatives for a ballot issue or question, may submit to the clerk a written request for a recount at the expense of the interested party making the request. This request shall be filed with the clerk within ten days after the election. Before conducting the recount, the clerk shall give notice of the recount in accordance with the provisions of subsection (1) of this section, shall determine the cost of the recount, shall notify the interested party that requested the recount of such cost, and shall collect the cost of conducting the recount from such interested party. The interested party that requested the recount shall pay on demand the cost of the recount to the clerk. The funds paid to the clerk for the recount shall be placed in escrow for payment of all expenses incurred 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 pursuant to subsection (1) of this section, the payment for expenses shall be refunded to the interested party who paid them. Any recount of votes conducted pursuant to this subsection (2) shall be completed no later than the fifteenth day after the election.

(3)

The clerk shall be responsible for conducting the recount and shall be assisted by those persons who assisted in preparing the official abstract of votes. If the person cannot participate in the recount, another person shall be appointed as provided in section 31-10-1201. The clerk may appoint additional persons qualified to be the election judges who did not serve as judges in the election as assistants in conducting the recount. Persons assisting in the conduct of the recount shall be compensated as provided in section 31-10-1206.

(4)

The clerk may require the production of any documentary evidence regarding the legality of any vote cast or counted and may correct the survey of returns in accordance with the clerk’s findings based on the evidence presented.

(5)

In precincts using paper or electronic ballots, the recounts shall be of the ballots cast, and the votes shall be tallied on sheets other than those used at the election. In precincts using voting machines, the recount shall be of the votes tabulated on the voting machines, and separate tally sheets shall be used for each machine.

(6)

After a recount conducted pursuant to this section has been completed, the clerk shall notify the governing body of the results of the recount, shall make a certificate of election for each candidate who received the highest number of votes for an office for which a recount was conducted, and shall deliver the certificate to such candidate.

Source: Section 31-10-1207 — Recount, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-31.­pdf (accessed Oct. 20, 2023).

31‑10‑101
Short title
31‑10‑102
Definitions
31‑10‑102.5
Acts and elections conducted pursuant to provisions which refer to qualified electors
31‑10‑102.7
Applicability of the “Uniform Election Code of 1992”
31‑10‑102.8
Active military or overseas voters - timely mailing, casting, and receipt of ballot - definition
31‑10‑103
Computation of time
31‑10‑104
Powers of clerk and deputy
31‑10‑105
Election commission
31‑10‑106
Copies of election laws and manual provided
31‑10‑108
Special elections
31‑10‑109
Submission of question on regular election date for municipalities
31‑10‑201
Qualifications of municipal electors
31‑10‑202
Submission of question to qualified taxpaying electors - oath
31‑10‑203
Registration required
31‑10‑204
Municipal clerk as deputy county clerk and recorder
31‑10‑205
Registration lists
31‑10‑206
Delivery and custody of registration book or list
31‑10‑207
Questions answered by elector
31‑10‑208
Change of address
31‑10‑301
Electors eligible to hold municipal office
31‑10‑302
Nomination of municipal officers
31‑10‑303
Withdrawal from nominations
31‑10‑305
Objections to nominations
31‑10‑306
Write-in candidate affidavit
31‑10‑401
Appointment of election judges
31‑10‑402
Number of judges
31‑10‑403
Certificates of appointment
31‑10‑404
Acceptances
31‑10‑405
Vacancies
31‑10‑406
Removal of judges
31‑10‑407
Oath of judges
31‑10‑408
Compensation of judges
31‑10‑409
Compensation for delivery of election returns and other election papers
31‑10‑501
Clerk to give notice
31‑10‑501.5
Ballot issue notice
31‑10‑502
Establishing precincts and polling places
31‑10‑503
Judges may change polling places
31‑10‑504
Number of voting booths or voting machines
31‑10‑505
Arrangement of voting machines or voting booths and ballot boxes
31‑10‑506
Election expenses to be paid by municipality
31‑10‑507
Election may be canceled - when
31‑10‑601
Hours of voting
31‑10‑602
Watchers at municipal elections
31‑10‑603
Employee entitled to vote
31‑10‑604
Judges open ballot box first
31‑10‑605
Judge to keep pollbook
31‑10‑606
Preparing to vote
31‑10‑607
Manner of voting in precincts which use paper ballots
31‑10‑608
Disabled voter - assistance
31‑10‑609
Spoiled ballots
31‑10‑610
Counting paper ballots
31‑10‑611
Tally sheets
31‑10‑612
Defective ballots
31‑10‑613
Judges’ certificate
31‑10‑614
Delivery of election returns, ballot boxes, and other election papers
31‑10‑615
Judges to post returns
31‑10‑616
Preservation of ballots and election records
31‑10‑617
Ranked voting methods
31‑10‑701
Use of voting machines
31‑10‑702
Judges to inspect machines
31‑10‑703
Sample ballots, ballot labels, and cards of instruction
31‑10‑704
Instructions to vote
31‑10‑705
Length of time to vote
31‑10‑706
Judge to watch voting machines
31‑10‑707
Clerk to supply seals for voting machines
31‑10‑708
Close of polls and count of votes
31‑10‑709
Election laws apply - separate absentee ballots permitted
31‑10‑801
Use of electronic system
31‑10‑802
Sample ballots
31‑10‑803
Ballots - electronic voting
31‑10‑804
Preparation for use - electronic voting
31‑10‑805
Instructions to vote
31‑10‑806
Ballots
31‑10‑807
Distribution of ballots
31‑10‑808
Cards of instruction
31‑10‑809
Close of polls - count and seals in electronic voting
31‑10‑810
Electronic vote counting - test
31‑10‑811
Electronic vote counting - procedure
31‑10‑812
Election laws apply - separate absentee ballots permitted
31‑10‑901
Ballot boxes
31‑10‑902
Ballots
31‑10‑903
Ballots changed if candidate dies or withdraws
31‑10‑904
Printing and distribution of ballots
31‑10‑905
Substitute ballots
31‑10‑906
Cards of instruction
31‑10‑907
Definitions
31‑10‑908
Mail ballot elections - preelection process
31‑10‑909
Nomination of candidates in mail ballot elections
31‑10‑910
Procedures for conducting mail ballot election
31‑10‑910.3
Verification of signatures - signature verification devices - procedures - training - definitions
31‑10‑911
Counting mail ballots
31‑10‑912
Write-in candidate affidavit in mail ballot elections
31‑10‑913
Challenges
31‑10‑1001
When absent electors may vote
31‑10‑1002
Application for absentee voter’s ballot - permanent absentee voter status - ballot delivery - list of absentee voters
31‑10‑1003
Self-affirmation on return envelope
31‑10‑1004
Manner of absentee voting by paper ballot
31‑10‑1005
Absent voters’ voting machines - electronic voting systems
31‑10‑1006
Delivery to judges
31‑10‑1007
Casting and counting absentee ballots
31‑10‑1008
Challenge of absentee ballots - rejection - record
31‑10‑1010
Emergency absentee voting - definition
31‑10‑1101
No voting unless registered
31‑10‑1102
Right to vote may be challenged
31‑10‑1103
Challenge to be made by written oath
31‑10‑1104
Challenge questions asked voter
31‑10‑1105
Oath of challenged voter
31‑10‑1106
Refusal to answer questions or take oath
31‑10‑1201
Returns - canvass
31‑10‑1202
Imperfect returns
31‑10‑1203
Corrections
31‑10‑1204
Tie - lots - notice to candidates
31‑10‑1205
Statement - certificates of election
31‑10‑1206
Fees of municipal judge
31‑10‑1207
Recount
31‑10‑1301
Who may contest - causes
31‑10‑1302
District judge to preside - bond
31‑10‑1303
Filing statement - contents
31‑10‑1304
Summons - answer
31‑10‑1305
Trial and appeals
31‑10‑1306
Recount
31‑10‑1307
Judgment
31‑10‑1308
Ballot questions and ballot issues - how contested
31‑10‑1401
Controversies
31‑10‑1402
Correction of errors
31‑10‑1501
District attorney or attorney general to prosecute
31‑10‑1502
Sufficiency of complaint - judicial notice
31‑10‑1503
Immunity of witness from prosecution
31‑10‑1504
Penalties for election offenses
31‑10‑1505
Payment of fines
31‑10‑1506
Perjury
31‑10‑1507
Forgery
31‑10‑1508
Tampering with nomination papers
31‑10‑1509
Bribery of petition signers
31‑10‑1511
Custody and delivery of ballots and other election papers
31‑10‑1512
Destroying, removing, or delaying delivery of ballots and other election papers
31‑10‑1513
Unlawfully refusing or permitting to vote
31‑10‑1514
Revealing how elector voted
31‑10‑1515
Violation of duty
31‑10‑1516
Unlawful receipt of money
31‑10‑1517
Disclosing or identifying vote
31‑10‑1518
Delivering and receiving ballots at polls
31‑10‑1519
Voting twice
31‑10‑1520
Voting in the wrong precinct
31‑10‑1521
Electioneering near polls
31‑10‑1522
Employer’s unlawful acts
31‑10‑1523
Intimidation
31‑10‑1524
Unlawfully giving or promising money
31‑10‑1525
Corrupt means of influencing vote
31‑10‑1526
Interference with voter while voting
31‑10‑1528
Inducing defective ballot
31‑10‑1529
Personating elector
31‑10‑1530
Altering posted abstract of votes
31‑10‑1531
Wagers with electors
31‑10‑1532
Tampering with notices or supplies
31‑10‑1533
Tampering with registration book, registration list, or pollbook
31‑10‑1534
Tampering with voting machine
31‑10‑1535
Interference with election official
31‑10‑1536
Unlawful qualification as taxpaying elector
31‑10‑1537
Absentee voting
31‑10‑1538
Article to be liberally construed
31‑10‑1539
Applicability
Green check means up to date. Up to date

Current through Fall 2024

§ 31-10-1207’s source at colorado​.gov