Colorado § 1-7-515 - Risk-limiting audits - rules - legislative declaration - definitions.

§ 1-7-515. Risk-limiting audits - rules - legislative declaration - definitions.

(1) (a) The general assembly hereby finds, determines, and declares that the auditing of election results is necessary to ensure effective election administration and public confidence in the election process. Further, risk-limiting audits provide a more effective manner of conducting audits than traditional audit methods in that risk-limiting audit methods typically require only limited resources for election races with wide margins of victory while investing greater resources in close races.

(b) By enacting this section, the general assembly intends that the state move toward an audit process that is developed with the assistance of statistical experts and that relies upon risk-limiting audits making use of best practices for conducting such audits.

(2) (a) Following each primary, general, coordinated, recall, or congressional vacancy election, each county shall make use of a risk-limiting audit in accordance with the requirements of this section. Races to be audited must be selected in accordance with procedures established by the secretary of state, and all contested races are eligible for such selection.

(b) (Deleted by amendment, L. 2021.)

(3) Repealed.

(4) (a) The secretary of state shall promulgate rules in accordance with article 4 of title 24 as may be necessary to implement and administer the requirements of this section. In connection with the promulgation of the rules, the secretary shall consult recognized statistical experts, equipment vendors, and county clerk and recorders, and shall consider best practices for conducting risk-limiting audits.

(b) (I) On or before January 1, 2026, the secretary of state shall promulgate rules in accordance with article 4 of title 24 as necessary to conduct risk limiting audits in an election using instant runoff voting. In connection with the promulgation of the rules, the secretary shall consult recognized statistical experts, equipment vendors, and county clerk and recorders, and shall consider best practices for conducting risk-limiting audits. The secretary of state may consult with additional auditing experts.

(II) A county shall audit an election using instant runoff voting conducted as part of a coordinated election before January 1, 2026, in accordance with rules adopted by the secretary of state related to ranked choice or instant runoff voting, or, if no such rules are adopted, in accordance with procedures adopted by the county clerk and recorder.

(5) As used in this section:

(a) "Incorrect outcome" means an outcome that is inconsistent with the election outcome that would be obtained by conducting a full recount.

(b) "Risk-limiting audit" means an audit protocol that makes use of statistical methods and is designed to limit to acceptable levels the risk of certifying a preliminary election outcome that constitutes an incorrect outcome.

Source: L. 2009: Entire section added, (HB 09-1335), ch. 260, p. 1195, § 12, effective May 15. L. 2013: (2) amended and (3) repealed, (HB 13-1303), ch. 185, p. 723, § 77, effective May 10. L. 2021: (2) amended, (SB 21-250), ch. 282, p. 1648, § 35, effective June 21; (4) amended, (HB 21-1071), ch. 367, p. 2421, § 14, effective July 1, 2022. L. 2022: (4)(b)(II) amended, (SB 22-212), ch. 421, p. 2963, § 3, effective August 10. L. 2024: (4)(b) amended, (SB 24-210), ch. 468, p. 3254, § 37, effective June 6.

Cross references: In 2013, subsection (2) was amended and subsection (3) was repealed by the "Voter Access and Modernized Elections Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013.

PART 6

ELECTION RETURNS