Survey of Returns

C.R.S. tit. 1, art. 10
in effect

C.R.S. § 1-10-101 Canvass board for partisan elections - appointment, fees, oaths

1-10-101. Canvass board for partisan elections - appointment, fees, oaths. (1) (a) At least fifteen days before any primary, general, congressional vacancy, or special legislative election, the county chairpersons of each of the two major political parties in each county shall certify to the county clerk and recorder, in the manner prescribed by such clerk and recorder, the appointment of one or more registered electors to serve as a member of the county canvass board. The appointees, together with the county clerk and recorder, constitute the county canvass board. Each minor political party whose candidate is on the ballot and each unaffiliated candidate whose name is on the ballot in such election may designate, in the manner prescribed by such clerk and recorder, one watcher to observe the work of the county canvass board. (b) If for any reason an appointee to the county canvass board refuses, fails, or is unable to serve, the appointee shall notify the county clerk and recorder. The county clerk and recorder, by the speediest and most convenient method, shall notify the county chairperson of the political party to which the appointee belongs. The county chairperson shall forthwith appoint another person to the county canvass board. If the political party has no county chairperson or vice-chairperson or if a vacancy in the appointment occurs on the date of the meeting of the county canvass board so that there can be no specific compliance with the provisions of this section, the county clerk and recorder shall make the appointment or shall fill the vacancy as nearly in compliance with the intention of this section as possible. (2) Each canvass board appointee shall receive a minimum fee of fifteen dollars for each day of service. The fee shall be set by the county clerk and recorder and shall be paid by the county for which the service is performed. (3) Prior to assuming their duties, the members of the canvass board shall swear or affirm the following: "I, ...................., do solemnly swear (or affirm) that I am a registered elector in the county of ....................; that I am a registered member of the .............. party as shown in the statewide voter registration system; and that I will faithfully perform the duties required of a member of the county canvass board." (4) Any individual serving on a canvass board pursuant to this article is immune from liability in any proceeding that is based on an act or omission of the individual if: (a) He or she was acting in good faith and within the scope of his or her official functions or duties as specified in this article; and (b) The violation was not caused by willful or intentional misconduct on the part of the individual.

C.R.S. § 1-10-101.5 Duties of the canvass board

1-10-101.5. Duties of the canvass board. (1) The canvass board shall: (a) Reconcile the ballots cast in an election to confirm that the number of ballots counted in that election does not exceed the number of ballots cast in that election; (b) Reconcile the ballots cast in each precinct in the county to confirm that the number of ballots cast does not exceed the number of registered electors in the precinct; and (c) Certify the abstract of votes cast in any election and transmit the certification to the secretary of state. A majority of canvass board members' signatures shall be sufficient to certify the abstract of votes cast in any election. When unable to certify the abstract of votes by the majority of the board for any reason, the canvass board shall transmit the noncertified abstract of votes to the secretary of state along with a written report detailing the reason for noncertification.

C.R.S. § 1-10-102 Official abstract of votes cast - certification

1-10-102. Official abstract of votes cast - certification. (1) No later than the twenty-second day after any election coordinated by the county clerk and recorder, the canvass board shall complete its duties. (2) (Deleted by amendment, L. 99, p. 479, § 4, effective July 1, 1999.) (3) If a recount is held and the vote result changes, the county canvass board shall prepare and certify an amended official abstract of votes cast. If the vote result does not change after the recount, the county canvass board shall include a statement to that effect in the official abstract of votes cast.

C.R.S. § 1-10-103 Transmitting returns to the secretary of state - total of results

1-10-103. Transmitting returns to the secretary of state - total of results. (1) Immediately after the official abstract of votes cast has been certified and no later than the twenty-second day after any general or primary election or any coordinated election that includes a statewide ballot measure, the county clerk and recorder shall transmit to the secretary of state the portion of the abstract of votes cast that contains the statewide abstract of votes cast. (2) No later than the twenty-seventh day after any primary or general election or any coordinated election that includes a statewide ballot measure, the secretary of state shall compile and total the returns received from all counties for all candidates, ballot issues, and ballot questions certified by the secretary of state, determine if a recount of any office, ballot issue, or ballot question is necessary, and order the appropriate recounts, if any. (3) Following each general election, the county clerk and recorder shall transmit a list of the names of those candidates elected to county offices to the secretary of state.

C.R.S. § 1-10-104 Imperfect returns - corrections

1-10-104. Imperfect returns - corrections. (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.

C.R.S. § 1-10-104.5 Rules

1-10-104.5. Rules. The secretary of state shall promulgate rules in accordance with article 4 of title 24, C.R.S., for the purpose of establishing equitable uniformity in the appointment and operation of canvass boards.

C.R.S. § 1-10-105 Election results - certification by secretary of state

1-10-105. Election results - certification by secretary of state. (1) After receiving, compiling, and totaling the final abstracts of votes cast for all elections from the counties, and after all mandatory recounts have been completed, the secretary of state shall prepare and certify the official statewide election results for all candidates, ballot issues, and ballot questions that the secretary of state certified for the ballot. The secretary of state shall prepare and certify the official statewide election results for any state-certified race that enters a requested recount after receiving, compiling, and totaling the amended abstract of votes cast from the counties involved in the recount. For each contest, the certified election results must show the total number of votes received, with subtotals for each county in which the candidate was on the ballot, and the ballot wording for each ballot issue and ballot question. (2) In the event of tie votes, the secretary of state shall include the method of resolving votes and the final result in the statewide abstract of votes cast. (3) (Deleted by amendment, L. 99, p. 480, § 7, effective July 1, 1999.) (4) In the event that an accurate and verifiable determination of the count cannot be made and therefore the secretary of state is unable to certify the election of any candidate, the secretary shall issue a report indicating the nature of the irregularity rather than issue a certification. (5) The secretary of state shall publish on a biennial basis an official abstract of votes cast for all statewide elections held in the year of the general election and include the odd-number year immediately preceding that general election. The abstract shall contain the following information: (a) All information included in the statewide abstract of votes cast, as provided in subsection (1) of this section; (b) The names of candidates elected to county offices and the offices for which they were elected, as furnished by the county clerk and recorders; (c) The reconciled total number of active, registered voters in each county on election day; (d) Based on the total number of registered voters, the percent of voter turnout in each county; and (e) Any other information that the secretary of state determines would be interesting or useful to the electorate or other elected officials. (6) Upon the request of a county clerk and recorder, the secretary of state shall furnish a copy of the complete official biennial statewide abstract of votes to the county clerk and recorder, at no charge, no later than June of the odd-numbered year immediately following the general election.

C.R.S. § 1-10-106 Summary of election results - statewide elections - early voting

1-10-106. Summary of election results - statewide elections - early voting. (1) (a) Within sixty days after a statewide election, the designated election official shall prepare and make available to the public a statement of the total number of votes cast in the election for each candidate and for and against each ballot issue and ballot question on the ballot certified by the designated election official pursuant to section 1-5-203. (b) and (c) Repealed. (2) The designated election official may charge a fee for a copy of the statement prepared pursuant to this section in an amount not to exceed the actual cost of making the copy. (3) The designated election official shall retain all materials used to compile the statement required by this section for a period of at least twenty-five months.

C.R.S. § 1-10-201 Canvass of nonpartisan elections

1-10-201. Canvass of nonpartisan elections. (1) Except as provided for special districts in subsection (1.5) of this section, at least fifteen days before any nonpartisan election that is not coordinated by the county clerk and recorder, the governing body or bodies that called the election shall appoint two registered electors of the political subdivision to serve as members of the canvass board. One of the two persons appointed may be a member of the governing body. The persons so appointed and the designated election official constitute the canvass board for the election. If the election is coordinated between two or more governing bodies, the canvass board shall be appointed in accordance with the intergovernmental agreement between the governing bodies. (1.5) Unless otherwise directed by the board of directors of a special district, at least fifteen days before any regular special district election, the designated election official shall appoint at least one member of the board of such district and at least one eligible elector of the special district who is not a member of such board to assist the designated election official in the survey of returns. The persons so appointed and the designated election official constitute the board of canvassers for the election. (2) To the fullest extent possible, no member of the canvass board nor the member's spouse or civil union partner shall have a direct interest in the election. (3) If for any reason any person appointed as a member of the canvass board refuses, fails, or is unable to serve, that appointed person shall notify the designated election official, who shall appoint another person with the same qualifications, if available, to the canvass board. (4) Each canvass board member who is not a member of the governing body shall receive a minimum fee of fifteen dollars for each day of service. The fee shall be set by the designated election official and shall be paid by the political subdivision for which the service is performed. (5) Prior to assuming their duties, the members of the canvass board shall swear or affirm the following: "I, ____________, do solemnly swear (or affirm) that I am a registered elector in the county of ____________ and of the state of Colorado and that I will faithfully perform the duties required of a member of the canvass board."

C.R.S. § 1-10-202 Canvass of votes in coordinated elections

1-10-202. Canvass of votes in coordinated elections. For any election coordinated by the county clerk and recorder, the canvass board shall be appointed in accordance with the intergovernmental agreement between the governing bodies holding the election.

C.R.S. § 1-10-203 Official abstract of votes cast - nonpartisan elections

1-10-203. Official abstract of votes cast - nonpartisan elections. (1) No later than twenty-two days after an election, the canvass board shall certify to the designated election official the official abstract of votes cast for all candidates, ballot issues, and ballot questions in that election. (2) If the election is canceled pursuant to section 1-5-208, the designated election official shall note the cancellation and the declared winner on the certified statement of results and the abstract of votes cast, if one is prepared. (3) If a recount is held and the result of the election changes after the recount, the canvass board shall prepare and certify an amended official abstract of votes cast. If the result of an election subject to a recount does not change after such recount, the canvass board shall include a statement of that fact in the abstract of votes cast.

C.R.S. § 1-10-204 Imperfect returns

1-10-204. Imperfect returns. If the canvass board finds that the method of making or certifying returns from any precinct does not conform to the requirements of law, the returns of the votes cast in that precinct shall nevertheless be canvassed if the returns are sufficiently explicit to enable the canvass board to determine how many votes were cast for each candidate, ballot question, or ballot issue.

C.R.S. § 1-10-205 Corrections

1-10-205. Corrections. If the canvass board finds a clerical error or omission in the returns, the board shall consult with the election judges from whom the returns were received to resolve the discrepancies. The election judges shall submit to the canvass board any documentation for verification of the additions and corrections, and the canvass board shall make any additions and corrections required by the facts of the case. The canvass board may adjourn from day to day for the purpose of obtaining the corrections and additions.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-01.docxFetched: 10/6/2026