Recount laws in Colorado

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An election recount is a process by which votes cast in an election are re-tabulated to verify the accuracy of the original results. Recounts typically occur in the event of a close margin of victory, following accusations of election fraud, or due to the possibility of administrative errors. Recounts can either occur automatically or be requested by a candidate or voters.


Note: The content below describes recount procedures in Colorado. The information on this page is not intended to serve as a manual for those seeking to start or halt a recount; individuals seeking more information about specific processes and requirements should contact their state election agencies.

Summary of recount laws

The list below shows answers to common questions regarding recounts in Colorado.[1]

  • Does state law require automatic recounts?
    • Yes, when a margin of victory in an election is less than or equal to 0.5% of the winner's vote.
  • When must an automatic recount be completed?
    • No later than 35 days after election day for state, district, and county races. No later than 40 days after election day for nonpartisan elections not coordinated by the county clerk.
  • Can a recount be requested?
    • Yes, the recount must be requested within 28 days after the election. The deadline for completion is no later than 37 days after the election. No margin is required.
  • Who pays for a requested recount?
    • The requester.
  • Is a refund available for requested recount costs?
    • Yes. Costs paid by the requester are refunded if the recount changes the election outcome or changes the results to the point where they would have triggered an automatic recount.
  • Can a partial recount be requested?
    • No.

Colorado recount procedures

Automatic recount procedures

Colorado requires automatic recounts under the following conditions:

“

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]

”
—Colorado Revised Statues

Automatic recounts are paid for by the entity that certified the candidate or ballot measure in question.[3] Automatic recounts must be completed no later than 35 days after Election Day for all state, district, and county races.[3] Recounts for nonpartisan elections not coordinated by the county clerk must be completed no later than 40 days after Election Day.[3]

Requested recount procedures

Any of the following interested parties may request a recount:

“

[T]he 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]

”
—Colorado Revised Statutes
Links added

The requester is responsible for costs unless the recount changes the outcome of the election in his or her favor or changes the results of the election to a margin where an automatic recount would have been required. Requested recounts must be completed no later than 37 days after the election.[3]

For more information about recount procedures in Colorado, click here.

Colorado voting equipment

See also: Voting methods and equipment by state

Colorado conducts all-mail elections, establishing a paper ballot record.[4][5]

50-state overview of recount laws

The table below summarizes where state laws allow for automatic and requested recounts. Click "show" to view the table.


50-state overview of requested recounts

The table below summarizes how requested recounts are paid for and whether it is possible for candidates to request a partial recount. Click "show" to view the table.


See also

Footnotes

  1. ↑ Justia, "CO Rev Stat § 1-10.5-101 (2018)," accessed October 16, 2020
  2. ↑ 2.0 2.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  3. ↑ 3.0 3.1 3.2 3.3 Justia, "Article 10.5 - Recounts," accessed Oct. 18, 2020
  4. ↑ Verified Voting, "The Verifier - Polling Place Equipment - Current," accessed October 7, 2015
  5. ↑ ProCon.org, "What Is a Voter Verified Paper Audit Trail (VVPAT)?" accessed December 2, 2016
  6. ↑ Citizens for Election Integrity Minnesota, "Arizona Recount Laws," accessed Nov. 16, 2020
  7. ↑ A court may order a recount under Arizona law.
  8. ↑ This category encompasses instances where the state government pays for recounts and those states where counties pay.
  9. ↑ A recount alone cannot change the election results, but can be used to contest the election. At the end of that process, the court may choose not to levy costs against the prevailing party.
  10. ↑ Recounts occur as part of a contested election. A requester may be required to cover costs before the start of such an event. The court may choose to require the unsuccessful party in a contested election to cover the costs, which could involve a refund to the requester if he or she is the successful party.
  11. ↑ In the case of a court-ordered recount, candidates must pay, but will be refunded if the outcome changes. Regarding non-court-ordered recounts, state law does not mention whether the candidate is refunded in such a case.
  12. ↑ The state covers requested recounts of statewide constitutional amendments. The requester covers all other recounts.
  13. ↑ For local and county ballot measure elections, state law does not mention the possibility of a refund. For all other recounts, costs paid by the requester are refunded if the recount changes the election outcome.
  14. ↑ No mention in state law.
  15. ↑ No mention in state law.
  16. ↑ The state pays for candidate-requested recounts. The requester pays for voter-requested recounts.
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