Code of Colorado Regulations
1505 - Department of State
1505 - Secretary of State
8 CCR 1505-1 - ELECTIONS
10 - Canvassing and Recount
Universal Citation: 8 CO Code Regs 1505-1 ยง 10
Current through Register Vol. 47, No. 5, March 10, 2024
10.1 Precanvass accounting
10.1.1 Detailed Ballot Log. The designated
election official must keep a detailed ballot log that accounts for every
ballot issued and received beginning when ballots are ordered and received. The
election officials must reconcile the log at the conclusion of each
workday.
10.1.2 Daily voter service
and polling center ballot accounting. The designated election official must
supply each polling location with a Statement of Ballots Form. Election judges
must record the following information on a separate statement of ballots form
for each day that the polling location is open:
(a) The name or number of the polling
location;
(b) The number of ballots
provided to or printed on-demand at the polling location;
(c) The number of ballots cast;
(d) The number of unvoted ballots;
(e) The number of damaged or spoiled
ballots;
(f) The number of voted
provisional ballots; and
(g) The
date.
10.1.3 After a
polling location closes for the day election judges must complete the following
tasks:
(a) Reconcile the total number of voted
ballots with the number of voters who voted.
(b) Verify that the total number of voted
ballots, spoiled or damaged ballots, provisional ballots, and unvoted ballots
is the same as the number of total ballots supplied to or printed at the
polling location.
(c) Reconcile the
number of people who signed signature cards to the total number of ballots
cast.
(d) Provide a written
explanation of any discrepancy in the numbers on the Statement of Ballots form,
(for example, the voter signed in but left the polling location without voting,
etc.).
10.1.4 After the
voter service and polling center closes on election night, election judges must
return the completed Statement of Ballots form for each day the location was
open along with all voted ballots to one of the election offices designated in
the election plan.
10.1.5 The
designated election official must review the Statement of Ballots forms for
completion and accuracy.
10.2 Appointment to the Canvass Board
10.2.1 In all cases, the canvass board must
consist of an odd number of members, and each member has equal voting
rights.
10.2.2 For a partisan
election, each major party may have no more than two representatives on the
canvass board. The board must include an equal number of representatives from
each major party, unless a major party fails to certify representatives for
appointment.
10.2.3 Each major
party representative on the canvass board must be registered to vote in the
county where the representative will serve and affiliated with the party he or
she represents.
10.2.4 A candidate
for office and members of the candidate's immediate family may not serve on the
canvass board.
10.2.5 The
designated election official may appoint canvass workers to help prepare and
conduct the canvass.
10.3 Duties of the Canvass Board
10.3.1 The
canvass board must make its determinations by majority vote in accordance with
section 1-10-101.5(1)(c),
C.R.S.
10.3.2 The canvass board's
only duties are to:
(a) Conduct the canvass
and certify the official abstract of votes in accordance with section
1-10-101.5, C.R.S., by:
(1) Reconciling the number of ballots counted
to the number of ballots cast; and
(2) Reconciling the number of ballots cast to
the number of voters who voted.
(b) Observe the post-election audit in
accordance with section
1-7-514(4),
C.R.S., and Election Rule 25.2 or 25.3; and
(c) Conduct any recount in accordance with
section 1-10.5-107, C.R.S., and this
Rule.
10.3.3 The canvass
board may not perform duties typically reserved for election judges while
canvassing the results, including:
(a)
Determining voter intent;
(b)
Evaluating voter eligibility, including reviewing signatures that have been
accepted or rejected; and
(c)
Requesting new logs or reports that were not created to conduct the
election.
10.3.4
Watchers appointed under section
1-10-101(1)(a),
C.R.S., may observe the board while it performs its duties, subject to Rule
8.
10.4 No canvass board may certify official results until authorized to do so by the Secretary of State. The Secretary of State may extend the canvass deadline for one or more counties in order to complete the risk-limiting audit in accordance with Rule 25.2. Before certifying official results, a county that conducts a comparison audit as defined in Rule 25.1.4 must manually adjust the preliminary results to account for discrepancies identified in the risk-limiting audit if directed by the Secretary of State.
10.5 Procedures for Canvass
10.5.1 The designated
election official must provide the following information to the canvass board:
(a) The name of each candidate, office, and
votes received;
(b) The number or
letter of each ballot issue or question and votes received;
(c) The total number of ballots
cast;
(d) The number of provisional
ballots cast, including totals for:
(1)
Ballots accepted by each code; and
(2) Ballots rejected by each code.
(e) The number of mail ballots
cast, including totals for:
(1) Ballots
accepted; and
(2) Ballots rejected
by each code.
(f) The
number of in-person ballots counted;
(g) The number of damaged and spoiled
ballots.
(h) If applicable, the
number of ballots cast in each party's primary election, including totals for:
(1) Ballots accepted in each party's primary
election by affiliated and unaffiliated voters; and
(2) Ballots rejected by each code.
10.5.2 Any written
documentation regarding official results must be included as part of the
canvass.
10.5.3 Repealed.
10.6 Official abstract and reporting to the Secretary of State.
10.6.1
The official county abstract must include, by precinct or ballot style, where
applicable:
(a) The total number of active
registered electors on election day;
(b) The total number of registered electors
(active and inactive) on election day;
(c) The statement of votes counted by race
and ballot question or issue; and
(d) The total number of ballots cast in the
election.
10.6.2 A county
must submit the state portion of the abstract and the ENR upload required by
Rule 11.9.6 to the Secretary of State in the format approved by the Secretary
of State. The state portion of the abstract must include:
(a) The summary of votes cast for each state
race and each ballot question or issue; and
(b) The total number of ballots counted in
the election.
10.6.3 A
county must notify the Secretary of State immediately after the meeting of the
canvass board if:
(a) The canvass board votes
not to certify the abstract of votes cast;
(b) The canvass board otherwise fails to take
action to certify the abstract of votes cast; or
(c) In a partisan election, the composition
of the canvass board did not consist of:
(1)
An equal number of board members appointed from each of the opposing major
parties; and
(2) The county clerk
or deputy clerk.
10.7 The County Abstract is the Official Permanent Record
10.7.1 The designated
election official must keep all official canvass reports and forms as part of
the official permanent election record.
10.7.2 Once the canvass board certifies the
abstract it may not withdraw the certification. In the event of a recount, the
canvass board may only affirm or amend the abstract.
10.8 Role of the Secretary of State
10.8.1 As part of the Secretary's duties
under section
1-1-107, C.R.S., the Secretary may
provide guidance and investigate imperfections.
10.8.2 The county clerk or any canvass board
member may request that the Secretary of State provide guidance and support to
the canvass board in the exercise of the board's duties.
10.8.3 If, in the course of assisting a
canvass board, the Secretary of State discovers an imperfection that the
Secretary believes may affect the conduct of other canvass boards, the
Secretary may provide notice to other counties regarding the nature of the
imperfection.
10.9 Recount generally
10.9.1 The purpose of a
recount is to re-tabulate the ballots.
10.9.2 A county that has successfully
completed a comparison audit under Rule 25.2 and reported no discrepancies in
the recount contest need not re-scan ballots during a requested recount, except
as provided in Rule 10.9.3. In all cases, the county must re-adjudicate ballot
images for voter intent in accordance with Rule 10.13.3.
10.9.3 An interested party, as defined in
section 1-10.5-106, C.R.S., may request
that the county re-scan ballots. The request is due no later the day in which a
recount is paid.
10.9.4 For
statewide or federal races, ballot issues or ballot questions, the county clerk
must coordinate scheduling the recount through the Secretary of State's office
so that it can ensure adequate observer coverage.
10.9.5 If there is a recount in a local
jurisdiction whose borders encompass area in more than one county, the
controlling county, as defined in Rule 4.2.2, must coordinate the scheduling
and conduct of the recount with each county that shares the
jurisdiction.
10.9.6
Repealed.
10.10 Recount cost estimates and reimbursements
10.10.1 A
county must submit a request for reimbursement for a mandatory recount of a
state or federal race or ballot measure using the Secretary of State approved
form. The county may not request reimbursement for meals or normal overhead
costs or regular employee compensation. The county must include itemized costs
for reasonable expenditures, including:
(a)
Mailings and notices;
(b) Election
judges, temporary staff, canvass board pay, and overtime pay; and
(c) Copies and other office expenses related
to the recount.
10.10.2
Requested recounts
(a) The county clerk must
provide an itemized cost estimate in accordance with section
1-10.5-106, C.R.S., upon submission
of a formal request for a recount.
(b) In preparing a cost estimate for a
requested recount, the county must use the Secretary of State approved form.
The estimate must include reasonable itemized costs for conducting the recount
and must distinguish the cost for conducting the recount with and without
rescanning the ballots.
(c) The
county clerk must submit a cost estimate to the Secretary of State when the
clerk provides it to a requesting party.
10.11 In accordance with section 1-10.5-107, C.R.S., and Rule 10.3.2 , the canvass board's role in conducting a recount includes selecting ballots for the test, observing the recounting of ballots, and certifying the results.
10.12 Testing recount equipment
10.12.1 The canvass board must
review the post-election audit before selecting the equipment for testing under
section 1-10.5-102(3),
C.R.S.
10.12.2 Repealed.
10.13 Counting ballots during a recount.
10.13.1 A clear audit trail must be
maintained throughout the recount including, but not limited to, a log of seal
numbers on transfer cases or ballot boxes, and the corresponding numbered seal
for each transfer case or ballot box.
10.13.2 Ballots must be reviewed for voter
intent using the standards in Rule 18.
(a)
Every overvote, undervote, blank vote, ambiguous mark, and write-in vote in the
races or measures subject to the recount must be reviewed in accordance with
the Voter Intent Guide.
(b) The
judges conducting the voter intent review may resolve the intent differently
than the judges in the election.
10.13.3 To recount ballots by hand count.
(a) If the tabulation of the original count
was conducted by hand count, the recount must be conducted by hand
count.
(b) Ballots must be counted
in batches of 25 to ensure that the number of ballots recounted matches the
number originally counted.
(c)
Votes must be counted by individual hash marks in 25-count sections by two
different judges.
10.13.4
Tabulation of ballots must be completed through a precise, controlled process
that ensures each container of ballots is retabulated and resealed before
tabulation of the next container begins.
10.13.5 The number of ballots counted
according to the final results for that race or measure must be available
during the recount for comparison purposes.
10.14 Canvass and reporting results for a recount.
10.14.1 For a plurality race or
ballot measure, the county clerk must report the results of the recount as the
combined total of votes for each race or measure recounted. The total must
include undervotes, blank votes, valid write-in votes, and overvotes for the
race or measure recounted.
10.14.2
In accordance with section
1-10.5-107, C.R.S., and this Rule
10, the canvass board must amend, if necessary, and re-submit the abstract of
votes cast.
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