Colorado § 1-10-104 Imperfect returns - corrections

Colorado Statutes

§ 1-10-104 — Imperfect returns - corrections

Colorado·Title 01 Elections·Art. Survey of Returns

(1)If, in the course of their duties, the canvass board or the secretary of state finds that the method of making or certifying returns from any precinct, county, or district does not conform to the requirements of law, the returns shall nevertheless be canvassed if they are sufficiently explicit in showing how many votes were cast for each candidate, ballot question, or ballot issue.

(2)If the canvass board or the secretary of state finds a clerical error or omission in the returns, the county clerk and recorder, after consultation with the election judges, shall make any correction required by the facts of the case. The election judges shall sign and submit to the canvass board any documentation required for any explanation or verification of the additions or corrections. The

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(1) If, in the course of their duties,
the canvass board or the secretary of state finds that the method of making or
certifying returns from any precinct, county, or district does not conform to the
requirements of law, the returns shall nevertheless be canvassed if they are
sufficiently explicit in showing how many votes were cast for each candidate, ballot
question, or ballot issue.

(2) If the canvass board or the secretary of state finds a clerical error or
omission in the returns, the county clerk and recorder, after consultation with the
election judges, shall make any correction required by the facts of the case. The
election judges shall sign and submit to the canvass board any documentation
required for any explanation or verification of the additions or corrections. The
canvass board may adjourn from day to day for the purpose of obtaining the
additions or corrections.

(3) If a majority of a canvass board in a county is unable to or does not certify
the abstract of votes for any reason by the deadline for the county to certify the
abstract of votes, the secretary of state shall review the noncertified abstract of
votes and written report provided by the canvass board under section 1-10-101.5
(1)(c). If, after review, the secretary of state determines that the noncertified
abstract of votes, along with the written report, other information and facts of the
case provided by the county, or information revealed upon investigation by the
secretary of state is clear and convincing in showing how many votes were cast for
each candidate, ballot question, or ballot issue, the secretary of state shall certify
the results for the county and proceed to certifying state results under section 1-10-105. After consultation with the board of county commissioners, the secretary of
state may designate a registered elector of the state to carry out the duties
required by this section.

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Legislative History

Source: L. 92: Entire article R&RE, p. 777, � 13, effective January 1, 1993. L. 99: Entire section amended, p. 480, � 6, effective July 1. L. 2022: (3) added, (SB 22-153), ch. 322, p. 2282, � 14, effective June 2.