Colorado § 1-10.5-109 - Challenge of recount - definition.

§ 1-10.5-109. Challenge of recount - definition.

(1) (a) As used in this section, "interested party" means:

(I) A candidate, political party, or political organization of a candidate;

(II) A petition representative identified pursuant to section 1-40-113 for a ballot issue or ballot question;

(III) The governing body that referred a ballot question or ballot issue to the electorate; or

(IV) The agent of an issue committee that is required to report contributions pursuant to the "Fair Campaign Practices Act", article 45 of this title 1, that either supported or opposed a ballot question or ballot issue of a race, question, or issue that is being recounted.

(a.5) Any interested party to a required or requested recount of a county, state, national, or district office of state concern, that has reasonable grounds to believe that the recount is not being conducted in a fair, impartial, and uniform manner may apply to the district court of the city and county of Denver for an order requiring the county clerk and recorder to stop the recount and to give the secretary of state access to all pertinent election records used in conducting the recount and requiring the secretary of state to conduct the recount. The secretary of state may employ assistants and clerks as necessary to conduct the recount. The county clerk and recorder shall be an official observer during any recount conducted by the secretary of state.

(b) Any interested party to a required or requested recount of any other local office, ballot question, or ballot issue that has reasonable grounds to believe that the designated election official is not conducting the recount in a fair, impartial, and uniform manner may apply to the district court for the political subdivision for an order requiring the designated election official to stop the recount and to give the appropriate official who will take over conducting the recount access to all pertinent election records and requiring the appropriate official to conduct the recount. If the county clerk and recorder is not the designated election official, then the county clerk and recorder is the appropriate official to conduct the recount. If the county clerk and recorder is the designated election official, then the secretary of state is the appropriate official to conduct the recount. The secretary of state or county clerk may employ assistants and clerks as necessary to conduct the recount. The designated election official shall be an official observer during any recount conducted pursuant to this subsection (1).

(2) All expenses incurred by the secretary of state in conducting a recount pursuant to subsection (1) of this section shall be paid from the state general fund. Expenses incurred prior to a court order requiring the secretary of state to conduct the recount shall be paid by the county or political subdivision conducting the recount.

Source: L. 99: Entire article added with relocations, p. 488, § 13, effective July 1. L. 2024: (1) amended, (SB 24-210), ch. 468, p. 3257, § 42, effective June 6.

Editor's note: This section is similar to former § 1-10-307 as it existed prior to 1999.