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colorado > Colorado Electoral Code > Survey of Returns

1-10-104. Imperfect returns – corrections

Statute

(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.

 

 

Source: L. 92: Entire article R&RE, p. 777, § 13, effective January 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.
 
ANNOTATION

Annotator’s note. The following annotations include cases decided under former provisions similar to this section.

Certificate mistakes cannot be corrected by reference to tally lists. Mistakes in filling out the certificates of the judges of elections cannot be corrected by the canvassers or precinct election officials by reference to the tally lists, inasmuch as errors of this kind do not come within the provisions for correcting imperfect returns. People ex rel. Miller v. Tool, 35 Colo. 225, 86 P. 224, 86 P. 229, 86 P. 231 (1905).

But election judges may correct where clerical mistake in certificate. Where the number of votes in precinct, as shown by the tallies and figures in the pollbook do not correspond to number certified, but there is a clear case of a clerical mistake in the certificate, the judges of election, when they are notified of the error, have a right to correct, and should correct, such error. People ex rel. Harper v. Ingles, 106 Colo. 213, 103 P.2d 475 (1940).

Definition [State]

A state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. C.R.S. § 1-8.3-102.

Definition [Ballot]

(a) A federal write-in absentee ballot;

(b) A ballot specifically prepared or distributed for use by a covered voter in accordance with this article; or

(c) A ballot cast by a covered voter in accordance with this article.

(2) “Covered voter” means:

(a) A uniformed-service voter defined in paragraph (a) of subsection (9) of this section who is a resident of this state but who is absent from this state by reason of active duty and who otherwise satisfies this state’s voter eligibility requirements;

(b) An overseas voter who, before leaving the United States, was last eligible to vote in this state and, except for a state residency requirement, otherwise satisfies this state’s voter eligibility requirements;

(c) An overseas voter who, before leaving the United States, would have been last eligible to vote in this state had the voter then been of voting age and, except for a state residency requirement, otherwise satisfies this state’s voter eligibility requirements; or

(d) An overseas voter who was born outside the United States, is not described in paragraph (b) or (c) of this subsection (2), and, except for a state residency requirement, otherwise satisfies this state’s voter eligibility requirements if the last place where a parent, legal guardian, spouse, or civil union partner of the voter was, or under this article would have been, eligible to vote before leaving the United States is within this state.

C.R.S. § 1-8.3-102.

Definition [Election]

Any election under the “Uniform Election Code of 1992” or the “Colorado Municipal Election Code of 1965”, article 10 of title 31, C.R.S. C.R.S. § 1-7.5-103.

Definition [Secretary]

The Colorado secretary of state. C.R.S. § 1-1.5-102.

Definition [Candidate]

Any person who seeks nomination or election to any state or local public office that is to be voted on in this state at any primary election, general election, school district election, special district election, or municipal election. “Candidate” also includes a judge or justice of any court of record who seeks to be retained in office pursuant to the provisions of section 25 of article VI. A person is a candidate for election if the person has publicly announced an intention to seek election to public office or retention of a judicial office and thereafter has received a contribution or made an expenditure in support of the candidacy. A person remains a candidate for purposes of this article so long as the candidate maintains a registered candidate committee. A person who maintains a candidate committee after an election cycle, but who has not publicly announced an intention to seek election to public office in the next or any subsequent election cycle, is a candidate for purposes of this article. Section 2(2) of article XXVIII of the state constitution.

Cases

colorado Cases

Case Name: People ex rel. Miller v. Tool

Citation: 35 Colo. 225, 86 P. 224, 86 P. 229, 86 P. 231 (1905)

Year: 1905

Case PDF: People ex rel. Miller v. Tool

Case Summary: A temporary election commission participating in a vote count should disregard tally lists if different than a precinct election official's certificate. Decided in part under former statutory provisions.

Case Name: People ex rel. Harper v. Ingles

Citation: 106 Colo. 213, 103 P.2d 475 (1940)

Year: 1940

Case URL: https://perma.cc/6XY7-5YKB

Case Summary: A losing candidate for the office of city treasurer denied a writ of mandamus to compel a clerk to certify the election in her favor. Contestor argued that the number of votes cast in a precinct that she lost exceeded the number of eligible voters, but she failed to show that she should have won the precinct.

Out-of-State Cases

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