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 thirteenth day after a primary election and the eighteenth day after a general election, 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 twentieth day after a primary election and no later than the thirtieth day after any other election, 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) Each county clerk and recorder shall transmit a list of the names of those candidates elected to county offices to the secretary of state no later than the sixteenth day after the election.
Source: L. 92: Entire article R&RE, p. 777, § 13, effective January 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.
Annotator’s note. The following annotations include cases decided under former provisions similar to this section.
The duty of canvassing is imposed on the state board of canvassers [now secretary of state] as an executive entity, not individually. Orman v. People, 18 Colo. App. 302, 71 P. 430 (1903).
And is political and governmental in character. Orman v. People, 18 Colo. App. 302, 71 P. 430 (1903).
Courts have no jurisdiction to control the state board of canvassers’ [now secretary of state’s] canvassing returns by mandamus. Greenwood Cem. Land Co. v. Routt, 17 Colo. 156, 28 P. 1125 (1892); Orman v. People, 18 Colo. App. 302, 71 P. 430 (1903).
And even if the courts had jurisdiction the writ would lie only to command the board [now secretary] to act, and not to control his discretion by commanding him how to act. Orman v. People, 18 Colo. App. 302, 71 P. 430 (1903).
- Canvassing & Certification of Election Results
- Election Day
- Recounts & Contests
- Regulation & Duties of Election Officials
- Regulation of Polling Places
1. Definition for 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.
2. Definition for 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.
3. Definition for 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.
4. Definition for Secretary
The Colorado secretary of state. C.R.S. § 1-1.5-102.
5. Definition for 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.
Case Name: Orman v. People
Citation: 18 Colo. App. 302, 71 P. 430 (1903)
Case PDF: Orman v. People
Case Summary: Appellate courts can exercise jurisdiction to review a trial court's writ of mandamus in a dispute over a congressional election. Upon finding jurisdiction, the court reversed a writ that compelled the Colorado Board of Elections to enjoin the use of an abstract of votes. The Board's work with abstracts includes work not subject to a writ of mandamus.