CO Code § 1-7-307 (2021)
2021 Colorado Code|Title 1 - Elections|Article 7 - Conduct of Elections|Part 3 - Paper Ballots|§ 1-7-307. Method of Counting Paper Ballots

  The election judges shall first count the number of ballots in the box. If the ballots are found to exceed the number of names entered on each of the pollbooks, the election judges shall then examine the official endorsements. If, in the unanimous opinion of the judges, any of the ballots in excess of the number on the pollbooks are deemed not to bear the proper official endorsement, they shall be put into a separate pile and into a separate record, and a return of the votes in those ballots shall be made under the heading “excess ballots”. When the ballots and the pollbooks agree, the judges shall proceed to count the votes.    Each ballot shall be read and counted separately. Every name and all names of joint candidates separately marked as voted for on the ballot shall be read and an entry made on each of two accounting forms before any other ballot is counted. The entire number of ballots, excepting “excess ballots”, shall be read, counted, and placed on the accounting forms in like manner. When all of the ballots, except “excess ballots”, have been counted, the election judges shall post the votes from the accounting forms.    When all the votes have been read and counted, the ballots shall be returned to the ballot box, the opening shall be carefully sealed, and the election judges shall place their initials on the seal. The cover shall then be locked and the ballot box delivered to the designated election official, as provided in section 1-7-701.    All persons, except election judges and watchers, shall be excluded from the place where the ballot counting is being held until the count has been completed.     History. Source: L. 92: Entire article R&RE, p. 741, § 9, effective January 1, 1993. L. 93: (1) amended, p. 1421, § 75, effective July 1.    Editor's note:   This section is similar to former § 1-7-307 as it existed prior to 1992.   Cross references:   For the form of ballots, see §§ 1-5-407 , 1-5-408 , 1-7-304 (1) , and 1-7-503 (1) ; for improperly marked ballots, see § 1-7-309 ; for penalty for divulging information concerning the count prior to 7:00 p.m., see § 1-13-718 .   ANNOTATION   Annotator's note. The following annotations include cases decided under former provisions similar to this section.   The intention of the voter, as expressed upon the face of his ballot, has always been regarded as the cardinal principle controlling the count. Under a system providing for balloting like the Australian, it is necessary that certain rules be prescribed to prevent confusion and secure uniformity; by this means the intention of the voter is to be ascertained. Young v. Simpson, 21 Colo. 460 , 42 P. 666 (1895); Heiskell v. Landrum, 23 Colo. 65 , 46 P. 120 (1896); Rhode v. Steinmetz, 25 Colo. 308 , 55 P. 814 (1898); Nicholls v. Barrick, 27 Colo. 432 , 62 P. 202 (1900); Wiley v. McDowell, 55 Colo. 236 , 133 P. 757 (1913).   So neither the judges of the election nor the courts are authorized to go beyond what the voter has set down upon his ballot to ascertain his intention. Wiley v. McDowell, 55 Colo. 236 , 133 P. 757 (1913).   But in order to designate his choice, a voter must use a cross mark as the law requires. Riley v. Trainor, 57 Colo. 155 , 140 P. 469 (1914).   Hence, where no cross mark is used anywhere with reference to any of the candidates for the particular office in question, the ballots ought not to be counted. Riley v. Trainor, 57 Colo. 155 , 140 P. 469 (1914).