Colorado Secretary of State’s Office Announces Two 2022 Primary Election Recounts

Denver, July 28, 2022 - Today, the Colorado Secretary of State’s Office received and accepted the required funds for a discretionary statewide recount of the Republican Primary race for Secretary of State and the Republican Primary race for State Senate District 9. All counties have been notified to begin preparations to proceed with a recount for these races which must be completed by Thursday, August 4th, 2022 as required by statute.

“Tina Peters and Lynda Zamora Wilson have requested and paid for a recount of the primary races for Secretary of State and State Senate District 9, respectively. The recounts will be conducted in accordance with the law, and will be finished by August 4,” said Secretary of State Jena Griswold.

Once the recounts begin, counties will work with their bipartisan canvass boards to complete a logic and accuracy test (LAT) on the required tabulation equipment. Following LAT tests, the counties will begin rescanning all ballots for the Statewide Republican Primary race for Secretary of State, and El Paso will also rescan ballots for the District 9 State Senate Republican Primary race.

On Monday, July 11, Colorado began the statewide bipartisan Risk-Limiting Audit (RLA) – a post-election audit that gives a statistical level of confidence that the outcome of an election is correct. Bipartisan county audit boards successfully completed the audit on Thursday, July 14. The reported winner in all the audited races was confirmed. The race for Secretary of State was specifically audited.  

Three additional candidates who requested recounts of their races did not provide required funds for discretionary recounts. Those candidates sought recounts in the Republican Primary races for State  House District 18, State House District 21, and the Statewide Senate race.

Statute Governing Election Recounts in Colorado: C.R.S. 1-10.5-106

(1) As used in this section, “interested party” means the candidate who lost the election, the political party or political organization of such candidate, any petition representative identified pursuant to section 1-40-113 for a ballot issue or ballot question that did not pass at the election, the governing body that referred a ballot question or ballot issue to the electorate if such ballot question or ballot issue did not pass at the election, or the agent of an issue committee that is required to report contributions pursuant to the “Fair Campaign Practices Act”, article 45 of this title, that either supported a ballot question or ballot issue that did not pass at the election or opposed a ballot question or ballot issue that passed at the election.

(2) Whenever a recount is not required, an interested party may submit a notarized written request for recount at the expense of the interested party making the request. This request shall be filed with the secretary of state, the county clerk and recorder, the designated election official, or other governing body that originally certified the candidate, ballot question, or ballot issue for the ballot within twenty-eight days after any primary, general, or coordinated election.

Such election official shall notify the political subdivision within which the election was held no later than the day following receipt of the request.

Before conducting the recount, the election official who will conduct the recount shall determine the cost of the recount within one day of receiving the request to recount, notify the interested party that requested the recount of the cost, and collect the costs of conducting the recount. If the request is filed with the secretary of state, the secretary of state shall determine the cost of the recount by adding the individual amounts determined by the political subdivisions conducting the recount.

The interested party that requested the recount shall pay the cost of the recount by certified funds to the election official with whom the request for a recount was filed within one day of receiving the election official’s cost determination.

The funds shall be placed in escrow for payment of all expenses incurred in the recount. If after the recount the result of the election is reversed in favor of the interested party that requested the recount or if the amended election count is such that a recount otherwise would have been required, the payment for expenses shall be refunded to the interested party that requested the recount.

Any escrow amounts not refunded to the interested party that requested the recount shall be paid to the election officials who conducted the recount.

Any recount of votes pursuant to this section shall be completed no later than the thirty-seventh day after any primary, general, or coordinated election.