1-7-407. Close of polls – primary
Overview of Statute
If no election contest is properly filed by any candidate in a primary election, the county clerk and recorder may unlock and break the seals of voting machines after fifteen days have passed since the primary election.
In the event no election contest is filed by any candidate in a primary election within the time prescribed by section 1-11-203, the county clerk and recorder may unlock and break the seals of voting machines at any time after the fifteenth day following the date of the primary election.
Source: L. 92: Entire article R&RE, p. 744, § 9, effective January 1, 1993.L. 93: Entire section amended, p. 1767, § 8, effective June 6.
Editor’s note: This section is similar to former § 1-7-406 (2) as it existed prior to 1992.
Where there is a discrepancy between the tally list and the certificate of the judges of election as to the number of votes any candidate received, the certificate only can be considered and cannot be changed by the canvassers by reference to the tally list. People ex rel. Miller v. Tool, 35 Colo. 225, 86 P. 224, 86 P. 229, 86 P. 231, (1905)(decided under former law).
- Regulation of Polling Places
- Regulation & Duties of Election Officials
- Voting Technology
- Election Day
- Storage and Control of Voting Machines
1. 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.
2. 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: People ex rel. Miller v. Tool
Citation: 35 Colo. 225, 86 P. 224, 86 P. 229, 86 P. 231 (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.