Colorado § 1-10.5-103 - Recount for other offices, ballot issues, and ballot questions in an election coordinated by county clerk and recorder.

§ 1-10.5-103. Recount for other offices, ballot issues, and ballot questions in an election coordinated by county clerk and recorder.

In any election coordinated by the county clerk and recorder, if it appears, as evidenced by the official abstract of votes cast, that a recount is required for any office, ballot question, or ballot issue not included in section 1-10.5-102, the county clerk and recorder shall order a recount of the votes cast for the office, ballot question, or ballot issue to be conducted in accordance with section 1-10.5-102. Any recount of the votes must be completed no later than the thirty-first day after the election. The county clerk and recorder shall ensure that any candidate subject to a recount pursuant to this section may select one watcher for the recount in addition to any watchers otherwise selected for the recount. A political subdivision that referred a ballot issue or ballot question to the electors may waive the automatic recount provisions of this section if the ballot issue or ballot question fails by giving written notice to the county clerk and recorder within twenty-three days after any election.

Source: L. 99: Entire article added with relocations, p. 485, § 13, effective July 1. L. 2001: Entire section amended, p. 300, § 2, effective August 8. L. 2002: Entire section amended, p. 1639, § 29, effective June 7. L. 2005: Entire section amended, p. 1424, § 52, effective June 6; entire section amended, p. 1459, § 52, effective June 6. L. 2018: Entire section amended, (SB 18-233), ch. 262, p. 1616, § 37, effective May 29. L. 2023: Entire section amended, (SB 23-276), ch. 399, p. 2391, § 39, effective June 6. L. 2025: Entire section amended, (HB 25-1155), ch. 35, p. 178, § 3, effective August 6.

Editor's note: This section is similar to former § 1-10-302 as it existed prior to 1999.

ANNOTATION

Annotator's note. The following annotations include a case decided under former provisions similar to this section.

Determination by lot does not prevent election contest. The determination by lot by the canvassing board of which candidate shall have the certificate of election where two candidates having the highest number of votes have an equal number is not such settlement of the matter as will prevent the defeated party from contesting the election on the ground that legal votes for him were not counted or that illegal votes were counted for his opponent. Nicholls v. Barrick, 27 Colo. 432, 62 P. 202 (1900).