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

Colorado Statutes

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

Colorado § 1-7-515

Title 01Elections

Art.Conduct of Elections

This text of Colorado § 1-7-515 (Risk-limiting audits - rules - legislative declaration - definitions) 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. § 1-7-515 (2026).

Text

(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 prim

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(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.

Legislative History

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.