8 CCR 1505-1-10.13 - Counting ballots during a recount

10.13.1 In accordance with section 1-10.5-102(3)(b), C.R.S., if there are no discrepancies in the test under Rule 10.12, the recount must be conducted in the same manner as the ballots were counted in the election except as outlined in this Rule. If there are unresolvable discrepancies in the test, the recount must be conducted as a hand count under Rule 10.13.5.

10.13.2 A clear audit trail must be maintained throughout the recount including, but not limited to, a log of seal numbers on transfer cases or ballot boxes, and the corresponding numbered seal for each transfer case or ballot box.

10.13.3 Ballots must be reviewed for voter intent using the standards in Rule 18.

(a) Every overvote, undervote, blank vote, ambiguous mark, and write-in vote in the races or measures subject to the recount must be reviewed in accordance with the Voter Intent Guide.

(b) The judges conducting the voter intent review may resolve the intent differently than the judges in the election.

10.13.4 To recount ballots by hand count.

(a) If the tabulation of the original count was conducted by hand count, the recount must be conducted by hand count

(b) allots must be counted in batches of 25 to ensure that the number of ballots recounted matches the number originally counted.

(c) Votes must be counted by individual hash marks in 25-count sections by two different judges.

10.13.5 Tabulation of ballots must be completed through a precise, controlled process that ensures each container of ballots is retabulated and resealed before tabulation of the next container begins.

10.13.6 The number of ballots counted according to the final results for that race or measure must be available during the recount for comparison purposes.

Notes

8 CCR 1505-1-10.13

37 CR 19, October 10,2014, effective 10/30/2014 39 CR 17, September 10, 2016, effective 9/30/2016 Renumbered from 8 CCR 1505-1-10.1240 CR 17, September 10, 2017, effective 9/30/2017 41 CR 08, April 25, 2018, effective 5/15/2018 41 CR 18, September 25, 2018, effective 10/15/2018 44 CR 18, September 25, 2021, effective 10/15/2021