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Colorado Statutes § 1-10-104 Imperfect returns - corrections

⤴ Up to Article 10: Survey of Returns

Statute Text

(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.

History

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.

Editor's Note

This section is similar to former § 1-10-105 as it existed prior to 1992.

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Prior Versions of This Statute