reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 8.5 - PROVISIONAL BALLOTS (§§ 1-8.5-101 — 1-8.5-112) › Section 1-8.5-103 - Provisional ballot affidavit

(1)
The provisional ballot affidavit shall contain language prescribed by the secretary of state by rule and shall include an attestation, a notice of perjury, a warning of the penalty for falsifying the affidavit, and information sufficient to verify the elector's eligibility to vote and to register the elector to vote or transfer the elector's registration.
(2)
(a)
The provisional ballot affidavit shall constitute a voter registration application for the voter for future elections. Any previous voter registration for the voter shall be canceled pursuant to section
1-2-603(1)
.
(b)
This subsection (2) does not apply to an elector who casts a provisional ballot pursuant to section
1-8.5-101(2)
.
Amended by 2013 Ch. 185,§ 108, eff. 5/10/2013.
L. 2005: Entire article added, p. 1415, § 39, effective June 6; entire article added, p. 1450, § 39, effective June 6. L. 2013: (2)(b) amended, (HB 13-1303), ch. 185, p. 745, § 108, effective May 10.
In 2013, subsection (2)(b) was amended by the "Voter Access and Modernized Elections Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 8.5 - PROVISIONAL BALLOTS (§§ 1-8.5-101 — 1-8.5-112) › Section 1-8.5-104 - Voting procedure - provisional ballot

(1)
An elector casting a provisional ballot shall complete and sign the provisional ballot affidavit and cast the ballot.
(2)
The fact that an elector casts a provisional ballot shall be indicated on the signature card or pollbook next to the elector's name.
(3)
The election judge shall examine the provisional ballot affidavit. If the election judge notices that the elector did not sign the affidavit, the election judge shall inform the elector that the provisional ballot will not be counted if the affidavit is not signed.
(4)
If an elector who is casting a provisional ballot does not show identification as required by section
1-7-110(2)
, the election official shall indicate on a space provided on the provisional ballot envelope that the elector did not show identification.
(5)
If paper provisional ballots and envelopes are used in an election, the provisional ballot envelope containing the marked provisional ballot shall be deposited in a ballot container. All paper provisional ballots cast shall remain sealed in their envelopes for return to the county clerk and recorder or designated election official.
(6)
After an elector casts a provisional ballot, the election official shall give the elector a written notice that an elector who casts a provisional ballot has the right to know whether the vote was counted and the reason if the provisional ballot was not counted. The notice shall specify the toll-free telephone number, internet website, or other free access system established by the secretary of state or the designated election official by means of which the elector may receive this information about the elector's provisional ballot.
L. 2005: Entire article added, p. 1416, § 39, effective June 6; entire article added, p. 1451, § 39, effective June 6. L. 2006: (1) and (5) amended, p. 2033, § 17, effective June 6.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 8.5 - PROVISIONAL BALLOTS (§§ 1-8.5-101 — 1-8.5-112) › Section 1-8.5-106 - Counting of provisional ballots

If the designated election official verifies that an elector who cast a provisional ballot in accordance with this article is eligible to vote, the provisional ballot shall be counted. If the elector's registration cannot be verified, the ballot shall not be counted.
L. 2005: Entire article added, p. 1417, § 39, effective June 6; entire article added, p. 1452, § 39, effective June 6.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 8.5 - PROVISIONAL BALLOTS (§§ 1-8.5-101 — 1-8.5-112) › Section 1-8.5-107 - [Repealed]

Repealed by 2013 Ch. 185,§138, eff. 5/10/2013.
L. 2005: Entire article added, p. 1417, § 39, effective June 6; entire article added, p. 1452, § 39, effective June 6. L. 2013: Entire section repealed, (HB 13-1303), ch. 185, p. 752, § 138, effective May 10.
In 2013, this section was repealed by the "Voter Access and Modernized Elections Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 8.5 - PROVISIONAL BALLOTS (§§ 1-8.5-101 — 1-8.5-112) › Section 1-8.5-108 - [Repealed]

Repealed by 2013 Ch. 185,§138, eff. 5/10/2013.
L. 2005: Entire article added, p. 1418, § 39, effective June 6; entire article added, p. 1453, § 39, effective June 6. L. 2006: (2) and (3) amended, p. 2034, § 19, effective June 6. L. 2013: Entire section repealed, (HB 13-1303), ch. 185, p. 752, § 138, effective May 10.
In 2013, this section was repealed by the "Voter Access and Modernized Elections Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 8.5 - PROVISIONAL BALLOTS (§§ 1-8.5-101 — 1-8.5-112) › Section 1-8.5-109 - [Repealed]

Repealed by 2013 Ch. 185,§138, eff. 5/10/2013.
L. 2005: Entire article added, p. 1418, § 39, effective June 6; entire article added, p. 1453, § 39, effective June 6. L. 2006: Entire section amended, p. 2035, § 20, effective June 6; entire section amended, p. 280, § 1, effective August 7. L. 2013: Entire section repealed, (HB 13-1303), ch. 185, p. 752, § 138, effective May 10.
In 2013, this section was repealed by the "Voter Access and Modernized Elections Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 8.5 - PROVISIONAL BALLOTS (§§ 1-8.5-101 — 1-8.5-112) › Section 1-8.5-110 - Handling of provisional ballots - reporting of results

(1)
Provisional ballots shall be kept separate from all other ballots and counted separately.
(2)
If twenty-five or more provisional ballots are cast and counted in a county, the designated election official shall report the results of voting by provisional ballot as a separate total. If fewer than twenty-five provisional ballots are cast and counted, the results of voting by provisional ballot shall be included in the results of regular voting.
(3)
Votes cast by provisional ballot shall not be included in any unofficial results reported and shall be reported only as part of the official canvass.
(4)
The designated election official shall keep a log of each provisional ballot cast, each provisional ballot counted, and each provisional ballot rejected. The code for the acceptance or rejection of the provisional ballot as prescribed by the secretary of state shall be marked on the log. The designated election official shall keep all rejected provisional ballots in their unopened envelopes for no less than twenty-five months.
Amended by 2013 Ch. 185,§ 110, eff. 5/10/2013.
L. 2005: Entire article added, p. 1418, § 39, effective June 6; entire article added, p. 1453, § 39, effective June 6. L. 2007: (2) amended, p. 1795, § 56, effective June 1. L. 2013: (2) amended, (HB 13-1303), ch. 185, p. 745, § 110, effective May 10.
In 2013, subsection (2) was amended by the "Voter Access and Modernized Elections Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 8.5 - PROVISIONAL BALLOTS (§§ 1-8.5-101 — 1-8.5-112) › Section 1-8.5-111 - Information system

For any election held on or after January 1, 2004, in which a provisional ballot is cast, the county clerk and recorder or designated election official shall establish a system allowing an elector who cast a provisional ballot to discover whether the ballot was counted and, if the ballot was not counted, the reason the ballot was not counted. The system shall provide access to this information at no cost to the voter by toll-free telephone call, internet website, or other suitable medium, in accordance with the federal "Help America Vote Act of 2002", Pub.L. 107-252. Information about a provisional ballot shall be disclosed only to the voter who cast the ballot.
L. 2005: Entire article added, p. 1419, § 39, effective June 6; entire article added, p. 1454, § 39, effective June 6.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 8.5 - PROVISIONAL BALLOTS (§§ 1-8.5-101 — 1-8.5-112) › Section 1-8.5-112 - Rules

The secretary of state shall promulgate all appropriate rules in accordance with article
4
of title
24
, C.R.S., for the purpose of ensuring the uniform application of this article.
L. 2005: Entire article added, p. 1419, § 39, effective June 6; entire article added, p. 1454, § 39, effective June 6.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 9 - CHALLENGES (§§ 1-9-101 — 1-9-301) › Part 2 - CHALLENGES TO VOTING (§§ 1-9-201 — 1-9-210) › Section 1-9-201 - Right to vote may be challenged

(1)
(a)
A person's right to vote at a polling location or in an election may be challenged on one or more of the following grounds:
(I)
The person is not a citizen of the United States;
(II)
The person has not resided in the state for twenty-two days immediately preceding the election;
(III)
The person will not be eighteen years of age or older on or before election day; or
(IV)
If being a property owner or the spouse or civil union partner of a property owner is required for the election, the person is not a property owner or the spouse or civil union partner of a property owner.
(b)
If a person whose right to vote is challenged at a polling location refuses to answer the questions asked or sign the challenge form in accordance with section
1-9-203
, the person shall be offered a provisional ballot. If the person casts a provisional ballot, the election judge shall attach the challenge form to the provisional ballot envelope and indicate "Challenge" on the provisional ballot envelope.
(2)
An election judge shall challenge any person intending to vote who the judge believes is not an eligible elector as provided in subsection (1)(a) of this section. In addition, challenges may be made by watchers or any eligible elector of the precinct as provided in subsection (1)(a) of this section.
(3)
A challenge at a polling location shall be made in the presence of the person whose right to vote is challenged.
Amended by 2022 Ch. 421, § 4, eff. 8/10/2022.
Amended by 2021 Ch. 282, § 42, eff. 6/21/2021.
Amended by 2013 Ch. 185, § 112, eff. 5/10/2013.
L. 80: Entire article R&RE, p. 381, § 1, effective 1/1/1981. L. 92: Entire article amended, p. 772, § 12, effective 1/1/1993. L. 2005: Entire section amended, p. 1419, § 40, effective June 6; entire section amended, p. 1454, § 40, effective June 6. L. 2013: (1) and (3) amended, (HB 13-1303), ch. 746, p. 746, § 112, effective May 10.
(1) This section is similar to former § 1-8-102 as it existed prior to 1980.
(2) Section 85 of chapter 282 (SB 21-250), Session Laws of Colorado 2021, provides that the act changing this section applies to elections conducted on or after June 21, 2021.
2022 Ch. 421, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
In 2013, subsections (1) and (3) were amended by the "Voter Access and Modernized Elections Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 9 - CHALLENGES (§§ 1-9-101 — 1-9-301) › Part 2 - CHALLENGES TO VOTING (§§ 1-9-201 — 1-9-210) › Section 1-9-202 - Challenge to be made by written oath

Each challenge must be made by written oath on a form provided by an election judge. The form must include a space for the name of the person challenged and the specific factual basis for the challenge of the person's right to vote as set forth in section
1-9-201 (1)(a)
and must be signed by the challenger under penalty of perjury in the second degree, as specified in section
1-13-104
. The election judges shall forthwith deliver all challenges to the designated election official. No oral challenge is permitted.
Amended by 2021 Ch. 282, § 43, eff. 6/21/2021.
L. 80: Entire article R&RE, p. 381, § 1, effective 1/1/1981. L. 92: Entire article amended, p. 773, § 12, effective 1/1/1993. L. 2005: Entire section amended, p. 1420, § 41, effective June 6; entire section amended, p. 1455, § 41, effective June 6.
(1) This section is similar to former § 1-8-103 as it existed prior to 1980.
(2) Section 85 of chapter 282 (SB 21-250), Session Laws of Colorado 2021, provides that the act changing this section applies to elections conducted on or after June 21, 2021.
For oaths and affirmations generally, see article 12 of title 24 .
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 9 - CHALLENGES (§§ 1-9-101 — 1-9-301) › Part 2 - CHALLENGES TO VOTING (§§ 1-9-201 — 1-9-210) › Section 1-9-204 - [Repealed]

Repealed by 2021 Ch. 282, § 83, eff. 6/21/2021.
L. 80: Entire article R&RE, p. 383, § 1, effective 1/1/1981. L. 91: (1) amended, p. 638, § 78, effective May 1. L. 92: Entire article amended, p. 774, § 12, effective 1/1/1993. L. 94: (1) amended, p. 1771, § 33, effective 1/1/1995. L. 96: (1) amended, p. 1763, § 47, effective July 1. L. 99: (1) amended, p. 778, § 64, effective May 20. L. 2005: Entire section amended, p. 1420, § 43, effective June 6; entire section amended, p. 1455, § 43, effective June 6. L. 2013: (1) amended, (HB 13-1303), ch. 747, p. 747, § 114, effective May 10. L. 2019: (1) amended, (HB 19-1278), ch. 3033, p. 3033, § 44, effective August 2.
(1) This section was similar to former § 1-8-105 as it existed prior to 1980.
(2) Section 85 of chapter 282 (SB 21-250), Session Laws of Colorado 2021, provides that the act repealing this section applies to elections conducted on or after June 21, 2021.
Amended by 2019 Ch. 326, § 44, eff. 8/2/2019.
Amended by 2013 Ch. 185, § 114, eff. 5/10/2013.
L. 80: Entire article R&RE, p. 383, § 1, effective January 1, 1981. L. 91: (1) amended, p. 638, § 78, effective May 1. L. 92: Entire article amended, p. 774, § 12, effective January 1, 1993. L. 94: (1) amended, p. 1771, § 33, effective January 1, 1995. L. 96: (1) amended, p. 1763, § 47, effective July 1. L. 99: (1) amended, p. 778, § 64, effective May 20. L. 2005: Entire section amended, p. 1420, § 43, effective June 6; entire section amended, p. 1455, § 43, effective June 6. L. 2013: (1) amended, (HB 13-1303), ch. 185, p. 747, § 114, effective May 10.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 9 - CHALLENGES (§§ 1-9-101 — 1-9-301) › Part 2 - CHALLENGES TO VOTING (§§ 1-9-201 — 1-9-210) › Section 1-9-205 - [Repealed]

L. 80: Entire article R&RE, p. 383, § 1, effective 1/1/1981. L. 92: Entire article amended, p. 774, § 12, effective 1/1/1993. L. 2005: Entire section repealed, p. 1425, § 56, effective June 6; entire section repealed, p. 1461, § 56, effective June 6.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 9 - CHALLENGES (§§ 1-9-101 — 1-9-301) › Part 2 - CHALLENGES TO VOTING (§§ 1-9-201 — 1-9-210) › Section 1-9-206 - [Repealed]

L. 80: Entire article R&RE, p. 383, § 1, effective 1/1/1981. L. 92: Entire article amended, p. 775, § 12, effective 1/1/1993. L. 93: Entire section amended, p. 1432, § 110, effective July 1. L. 2002: Entire section amended, p. 1636, § 21, effective June 7. L. 2005: Entire section amended, p. 1420, § 44, effective June 6; entire section amended, p. 1456, § 44, effective June 6. L. 2007: Entire section repealed, p. 1795, § 57, effective June 1.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 9 - CHALLENGES (§§ 1-9-101 — 1-9-301) › Part 2 - CHALLENGES TO VOTING (§§ 1-9-201 — 1-9-210) › Section 1-9-207 - Challenges of ballots cast by mail

(1)
The ballot of any elector that has been cast by mail may be challenged using a challenge form signed by the challenger under penalty of perjury setting forth the name of the person challenged and the basis for the challenge. Challenged ballots, except those rejected for forgery of a deceased person's signature on a mail ballot affidavit or submission of multiple ballots, must be counted. The election judges shall forthwith deliver all challenges, together with the affidavits of the persons challenged, to the county clerk and recorder or designated election official, as applicable.
(2)
A mail ballot may not be challenged under this section solely on the basis of the signature that appears on the mail ballot. Signatures on mail ballots must be reviewed in accordance with section
1-7.5-107.3
.
Amended by 2021 Ch. 282,§ 45, eff. 6/21/2021.
L. 94: Entire section added, p. 1169, § 46, effective July 1. L. 2002: Entire section amended, p. 1636, § 22, effective June 7. L. 2005: Entire section amended, p. 1421, § 45, effective June 6; entire section amended, p. 1456, § 45, effective June 6. L. 2007: Entire section amended, p. 1795, § 58, effective June 1.
Section 85 of chapter 282 (SB 21-250), Session Laws of Colorado 2021, provides that the act changing this section applies to elections conducted on or after June 21, 2021.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 9 - CHALLENGES (§§ 1-9-101 — 1-9-301) › Part 2 - CHALLENGES TO VOTING (§§ 1-9-201 — 1-9-210) › Section 1-9-208 - Challenges of provisional ballots

The ballot of any provisional voter may be challenged using a challenge form signed by the challenger under penalty of perjury setting forth the name of the person challenged and the basis for the challenge. Challenged provisional ballots, except those rejected for submission of multiple ballots, must be counted if the other requirements for counting provisional ballots are satisfied. The election judges shall deliver all challenges, together with the affidavits of the persons challenged, to the county clerk and recorder or the designated election official.
Amended by 2021 Ch. 282,§ 46, eff. 6/21/2021.
Amended by 2013 Ch. 185,§ 115, eff. 5/10/2013.
L. 2002: Entire section added, p. 1636, § 23, effective June 7. L. 2005: Entire section amended, p. 1421, § 46, effective June 6; entire section amended, p. 1456, § 46, effective June 6. L. 2007: Entire section amended, p. 1796, § 59, effective June 1. L. 2013: Entire section amended, (HB 13-1303), ch. 747, p. 747, § 115, effective May 10.
Section 85 of chapter 282 (SB 21-250), Session Laws of Colorado 2021, provides that the act changing this section applies to elections conducted on or after June 21, 2021.
In 2013, this section was amended by the "Voter Access and Modernized Elections Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 9 - CHALLENGES (§§ 1-9-101 — 1-9-301) › Part 2 - CHALLENGES TO VOTING (§§ 1-9-201 — 1-9-210) › Section 1-9-209 - Challenges delivered to district attorney

The county clerk and recorder or designated election official shall forthwith deliver a challenge that is not withdrawn, along with the affidavit of the elector on the mail-in, provisional ballot, or mail ballot return envelope, to the district attorney for investigation and action. When practicable, the district attorney shall complete the investigation within ten days after receiving the challenge.
L. 2005: Entire section added, p. 1421, § 47, effective June 6; entire section added, p. 1457, § 47, effective June 6. L. 2007: Entire section amended, p. 1796, § 60, effective June 1.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 9 - CHALLENGES (§§ 1-9-101 — 1-9-301) › Part 2 - CHALLENGES TO VOTING (§§ 1-9-201 — 1-9-210) › Section 1-9-210 - Copy of challenge delivered to elector

When a challenge is made to a person who cast a mail ballot or provisional ballot and the person was not present at the time of the challenge, the county clerk and recorder or designated election official shall notify and mail a copy of the challenge to the person challenged in accordance with the rules of the secretary of state.
Amended by 2014 Ch. 2,§ 42, eff. 2/18/2014.
L. 2005: Entire section added, p. 1422, § 47, effective June 6; entire section added, p. 1457, § 47, effective June 6. L. 2007: Entire section amended, p. 1796, § 61, effective June 1. L. 2014: Entire section amended, (HB 14-1164), ch. 2, p. 74, § 42, effective February 18.
For the legislative declaration in HB 14-1164, see section 1 of chapter 2, Session Laws of Colorado 2014.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 9 - CHALLENGES (§§ 1-9-101 — 1-9-301) › Part 3 - [Repealed] PROVISIONAL BALLOTS (§ 1-9-301) › Section 1-9-301 - to 1-9-306 - [Repealed]

L. 2005: Entire part repealed, p. 1425, § 56, effective June 6; entire part repealed, p. 1461, § 56, effective June 6.
This part 3 was added in 2002.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 10 - SURVEY OF RETURNS (§§ 1-10-101 — 1-10-301) › Part 1 - SURVEY OF RETURNS - PARTISAN ELECTIONS (§§ 1-10-101 — 1-10-106) › Section 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.
L. 99: Entire section added, p. 478, § 3, effective July 1. L. 2009: Entire section amended, (HB 09-1336), ch. 261, p. 1199, §9, effective August 5.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 10 - SURVEY OF RETURNS (§§ 1-10-101 — 1-10-301) › Part 1 - SURVEY OF RETURNS - PARTISAN ELECTIONS (§§ 1-10-101 — 1-10-106) › Section 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.
Amended by 2018 Ch. 262, § 33, eff. 5/29/2018.
L. 92: Entire article R&RE, p. 776, § 13, effective 1/1/1993. L. 94: (1) and (3) amended, p. 1169, § 47, effective July 1. L. 99: Entire section amended, p. 479, § 4, effective July 1. L. 2002: (1) amended, p. 1638, § 26, effective June 7. L. 2005: (1) amended, p. 1422, § 48, effective June 6; (1) amended, p. 1457, § 48, effective June 6. L. 2018: (1) amended, (SB 18-233), ch. 262, p. 1615, § 33, effective May 29.
This section is similar to former § 1-10-102(1) as it existed prior to 1992.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 10 - SURVEY OF RETURNS (§§ 1-10-101 — 1-10-301) › Part 1 - SURVEY OF RETURNS - PARTISAN ELECTIONS (§§ 1-10-101 — 1-10-106) › Section 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.
Amended by 2018 Ch. 262, § 34, eff. 5/29/2018.
L. 92: Entire article R&RE, p. 777, § 13, effective 1/1/1993. L. 94: (1) amended, p. 1169, § 48, effective July 1. L. 99: Entire section amended, p. 479, § 5, effective July 1. L. 2002: Entire section amended, p. 1638, § 27, effective June 7. L. 2005: (1) and (2) amended, p. 1422, § 49, effective June 6; (1) and (2) amended, p. 1457, § 49, effective June 6. L. 2011: (2) amended, (SB 11 -189), ch. 243, p. 1066, § 17, effective May 27. L. 2018: Entire section amended, (SB 18-233), ch. 262, p. 1615, § 34, effective May 29.
This section is similar to former § 1-10-104 (1) as it existed prior to 1992.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 10 - SURVEY OF RETURNS (§§ 1-10-101 — 1-10-301) › Part 1 - SURVEY OF RETURNS - PARTISAN ELECTIONS (§§ 1-10-101 — 1-10-106) › Section 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.
Amended by 2022 Ch. 322, § 14, eff. 6/2/2022.
L. 92: Entire article R&RE, p. 777, § 13, effective 1/1/1993. L. 99: Entire section amended, p. 480, § 6, effective July 1.
This section is similar to former § 1-10-105 as it existed prior to 1992.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 10 - SURVEY OF RETURNS (§§ 1-10-101 — 1-10-301) › Part 1 - SURVEY OF RETURNS - PARTISAN ELECTIONS (§§ 1-10-101 — 1-10-106) › Section 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.
L. 2009: Entire section added, (HB 09-1336), ch. 261, p. 1199, §10, effective August 5.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 10 - SURVEY OF RETURNS (§§ 1-10-101 — 1-10-301) › Part 1 - SURVEY OF RETURNS - PARTISAN ELECTIONS (§§ 1-10-101 — 1-10-106) › Section 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.
Amended by 2013 Ch. 185,§138, eff. 5/10/2013.
L. 2005: Entire section added, p. 1422, § 50, effective June 6; entire section added, p. 1457, § 50, effective June 6. L. 2006: (1)(c) amended, p. 2035, § 22, effective June 6. L. 2007: (1)(c) amended, p. 1796, § 62, effective June 1. L. 2013: (1)(b) and (1)(c) repealed, (HB 13-1303), ch. 185, p. 752, § 138, effective May 10.
In 2013, subsections (1)(b) and (1)(c) were repealed by the "Voter Access and Modernized Elections Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 10 - SURVEY OF RETURNS (§§ 1-10-101 — 1-10-301) › Part 2 - SURVEY OF RETURNS - NONPARTISAN ELECTIONS (§§ 1-10-201 — 1-10-205) › Section 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.
L. 92: Entire article R&RE, p. 778, § 13, effective 1/1/1993. L. 93: Entire section amended, p. 1433, § 111, effective July 1. L. 99: Entire section amended, p. 482, § 9, effective July 1.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 10 - SURVEY OF RETURNS (§§ 1-10-101 — 1-10-301) › Part 2 - SURVEY OF RETURNS - NONPARTISAN ELECTIONS (§§ 1-10-201 — 1-10-205) › Section 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.
Amended by 2018 Ch. 262, § 35, eff. 5/29/2018.
L. 92: Entire article R&RE, p. 778, § 13, effective 1/1/1993. L. 93: (1) amended, p. 1433, § 112, effective July 1. L. 94: Entire section amended, p. 1170, § 51, effective July 1. L. 95: Entire section amended, p. 843, § 67, effective July 1. L. 99: Entire section amended, p. 482, § 10, effective July 1. L. 2010: (1) amended, (HB 10 -1116), ch. 194, p. 839, § 26, effective May 5. L. 2018: (1) amended, (SB 18-233), ch. 262, p. 1615, § 35, effective May 29.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 10 - SURVEY OF RETURNS (§§ 1-10-101 — 1-10-301) › Part 2 - SURVEY OF RETURNS - NONPARTISAN ELECTIONS (§§ 1-10-201 — 1-10-205) › Section 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.
L. 92: Entire article R&RE, p. 779, § 13, effective 1/1/1993. L. 94: Entire section amended, p. 1171, § 52, effective July 1. L. 99: Entire section amended, p. 483, § 11, effective July 1.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 10 - SURVEY OF RETURNS (§§ 1-10-101 — 1-10-301) › Part 2 - SURVEY OF RETURNS - NONPARTISAN ELECTIONS (§§ 1-10-201 — 1-10-205) › Section 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.
L. 92: Entire article R&RE, p. 779, § 13, effective 1/1/1993. L. 99: Entire section amended, p. 483, § 12, effective July 1.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 10 - SURVEY OF RETURNS (§§ 1-10-101 — 1-10-301) › Part 3 - [Repealed] RECOUNTS (§ 1-10-301) › Section 1-10-301 - to 1-10-309 - [Repealed]

L. 99: Entire part repealed, p. 492, § 24, effective July 1.
(1) This part 3 originated as part of the repeal and reenactment of this article in 1992.
(2) Sections 1-10-301 to 1-10-307 were relocated to article
10.5
of this title 1. Former C.R.S. section numbers are shown in editor's notes following those sections that were relocated.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 10.5 - RECOUNTS (§§ 1-10.5-101 — 1-10.5-110) › Section 1-10.5-101 - Recounts required - expenses

(1)
(a)
(Deleted by amendment, L. 2001, p. 1265, § 1, effective June 5, 2001.)
(b)
A recount of any election contest shall be held if the difference between the highest number of votes cast in that election contest and the next highest number of votes cast in that election contest is less than or equal to one-half of one percent of the highest vote cast in that election contest. If there is more than one person to be elected in an election contest, a recount shall be held if the difference between the votes cast for the candidate who won the election with the least votes and the candidate who lost the election with the most votes is less than or equal to one-half of one percent of the votes cast for the candidate who won the election with the least votes. A recount shall occur only after the canvass board certifies the original vote count.
(2)
Except as provided in section
1-10.5-106
, any expenses incurred in conducting a recount in any political subdivision shall be paid by the entity that certified the candidate, ballot question, or ballot issue for the ballot. Members of the canvass board who assist in any recount shall receive the same fees authorized for counting judges in section
1-6-115
.
L. 99: Entire article added with relocations, p. 483, § 13, effective July 1. L. 2001: (1) amended, p. 1265, § 1, effective June 5. L. 2006: (1)(b) amended, p. 277, § 1, effective August 7.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 10.5 - RECOUNTS (§§ 1-10.5-101 — 1-10.5-110) › Section 1-10.5-103 - Recount for other offices, ballot issues, and ballot questions in an election coordinated by county clerk and recorder

In any election coordinated by the county clerk and recorder, if it appears, as evidenced by the official abstract of votes cast, that a recount is required for any office, ballot question, or ballot issue not included in section
1-10.5-102
, the county clerk and recorder shall order a recount of the votes cast for the office, ballot question, or ballot issue to be conducted in accordance with section
1-10.5-102
. Any recount of the votes must be completed no later than the thirty-first day after the election. A political subdivision that referred a ballot issue or ballot question to the electors may waive the automatic recount provisions of this section if the ballot issue or ballot question fails by giving written notice to the county clerk and recorder within twenty-three days after any election.
Amended by 2023 Ch. 399,§ 39, eff. 6/6/2023.
Amended by 2018 Ch. 262, § 37, eff. 5/29/2018.
L. 99: Entire article added with relocations, p. 485, § 13, effective July 1. L. 2001: Entire section amended, p. 300, § 2, effective August 8. L. 2002: Entire section amended, p. 1639, § 29, effective June 7. L. 2005: Entire section amended, p. 1424, § 52, effective June 6; entire section amended, p. 1459, § 52, effective June 6. L. 2018: Entire section amended, (SB 18-233), ch. 262, p. 1616, § 37, effective May 29.
This section is similar to former § 1-10-302 as it existed prior to 1999.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 10.5 - RECOUNTS (§§ 1-10.5-101 — 1-10.5-110) › Section 1-10.5-104 - [Repealed]

Repealed by 2024 Ch. 468,§ 41, eff. 6/6/2024.
L. 99: Entire article added with relocations, p. 485, § 13, effective July 1. L. 2001: Entire section amended, p. 301, § 3, effective August 8. L. 2002: Entire section amended, p. 1639, § 30, effective June 7.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 10.5 - RECOUNTS (§§ 1-10.5-101 — 1-10.5-110) › Section 1-10.5-105 - Notice of recount

Notice prior to the recount must be given to all candidates and, in the case of a ballot issue or ballot question, any petition representative identified pursuant to section
1-40-113
, any governing body, or any agent of an issue committee, if such committee is required to report contributions to the secretary of state pursuant to the "Fair Campaign Practices Act", article
45
of this title, that are affected by the result of the election. Notice must be given by e-mail, telephone, facsimile transmission, or personal service.
Amended by 2021 Ch. 282,§ 50, eff. 6/21/2021.
L. 99: Entire article added with relocations, p. 485, § 13, effective July 1.
Section 85 of chapter 282 (SB 21-250), Session Laws of Colorado 2021, provides that the act changing this section applies to elections conducted on or after June 21, 2021.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 10.5 - RECOUNTS (§§ 1-10.5-101 — 1-10.5-110) › Section 1-10.5-107 - Canvass board to conduct recount

(1)
Any county clerk and recorder or governing body required to conduct a recount shall arrange to have the recount made by the canvass board who officiated in certifying the official abstract of votes cast. If any member of the canvass board cannot participate in the recount, another person shall be appointed in the manner provided by law for appointment of the members of the original board.
(2)
Any canvass board making a recount under the provisions of this section may employ assistants and clerks as necessary for the conduct of the recount.
(3)
The canvass board may require the production of any documentary evidence regarding any vote cast or counted and may correct the abstract of votes cast in accordance with its findings based on the evidence presented.
(4)
At the conclusion of the recount, the canvass board shall make the returns of all partisan, nonpartisan, ballot issue, and ballot question elections to the designated election official and provide a copy to the persons or groups requesting the recount or notified of the recount pursuant to sections
1-10.5-105
and
1-10.5-106
. The canvass board shall meet and issue an amended abstract of votes cast for the office, ballot issue, or ballot question that is the subject of the recount and deliver it to the designated election official.
(5)
The designated election official shall notify the governing body of the results of the recount.
L. 99: Entire article added with relocations, p. 487, § 13, effective July 1.
This section is similar to former § 1-10-305 as it existed prior to 1999.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 10.5 - RECOUNTS (§§ 1-10.5-101 — 1-10.5-110) › Section 1-10.5-108 - [Repealed]

L. 99: Entire article added with relocations, p. 487, § 13, effective July 1. L. 2001: Entire section amended, p. 301, § 4, effective August 8. L. 2005: Entire section repealed, p. 1425, § 56, effective June 6; entire section repealed, p. 1461, § 56, effective June 6.
This section was similar to former § 1-10-306 as it existed prior to 1999.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 10.5 - RECOUNTS (§§ 1-10.5-101 — 1-10.5-110) › Section 1-10.5-110 - [Repealed]

L. 2000: Entire section added, p. 1727, § 2, effective July 1. L. 2004: (1)(b), (3), and (4) amended, p. 1360, § 27, effective May 28. L. 2005: Entire section repealed, p. 1425, § 56, effective June 6; entire section repealed, p. 1461, § 56, effective June 6.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 11 - CERTIFICATES OF ELECTION AND ELECTION CONTESTS (§§ 1-11-101 — 1-11-311) › Part 1 - TIE VOTES AND CERTIFICATES OF ELECTION (§§ 1-11-101 — 1-11-108) › Section 1-11-101 - Tie votes at partisan elections

(1)
If at any general or congressional vacancy election, after all recounts have been completed, any two or more pairs of joint candidates for the offices of governor and lieutenant governor or if two or more candidates for the offices of secretary of state, state treasurer, or attorney general tie for the highest number of votes for the same office, one of the pairs or one of the individual candidates shall be chosen by the two houses of the general assembly on a joint ballot.
(2)
If at any general or congressional vacancy election, after all recounts have been completed, any two or more persons tie for the highest number of votes for presidential electors, for United States senator, for representative in congress, for regent of the university of Colorado, for member of the state board of education, for state senator or state representative, or for district attorney, the secretary of state shall proceed to determine by lot which of the candidates shall be declared elected. Reasonable notice shall be given to the candidates of the time when the election will be determined.
(3)
If at any primary election, after all recounts have been completed, any two or more candidates for an office other than a county office of the same political party tie for the highest number of votes for the same office, the tie shall be resolved in a manner agreed upon by the tying candidates. In case the candidates fail to agree on the method of resolution within five days after the canvass is complete, the tie shall be resolved by lot to be cast as the secretary of state may determine.
(4)
If at any primary election involving a county office, after all recounts have been completed, two or more candidates of the same political party tie for the highest number of votes for the same office, the canvass board shall determine by lot the person who shall be elected. The canvass board shall provide the candidates affected by the tie vote reasonable notice of the time when the election will be determined.
L. 92: Entire article R&RE, p. 783, § 14, effective 1/1/1993. L. 99: Entire section amended, p. 488, § 14, effective July 1.
Subsection (2) is similar to former § 1-10-104 (3)(a), and subsection (3) is similar to former § 1-10-104 (3)(b) , as they existed prior to 1992.
For appointment of the original county board of canvassers, see § 1-10-101(1)(a) .