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

Colorado Statutes

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

Colorado § 1-10.5-109

Title 01Elections

Art.Recounts

This text of Colorado § 1-10.5-109 (Challenge of recount - definition) is published on Counsel Stack Legal Research, covering Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Colo. Rev. Stat. § 1-10.5-109 (2026).

Text

(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

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(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.

Legislative History

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.