A Bill for an Act
Page 1, Line 101Concerning the authority at a general or congressional
Page 1, Line 102vacancy election of the candidate nominated to be on
Page 1, Line 103the ballot by a participating political party to choose
Page 1, Line 104the watchers in count facilities.
Bill Summary
(Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.)
Section 2 of the bill modifies current law to authorize, but not require, a candidate nominated to be on the ballot by a participating political party (candidate-nominee) in a general or congressional vacancy election to choose the watchers permitted in each central count facility. These watchers must be selected by the candidate-nominee in accordance with existing processes and limitations for such watchers.
If a candidate-nominee exercises their authority to choose the watchers in each central count facility, then the participating political party represented by the candidate-nominee must abide by the candidate-nominee's choices and is not entitled to different or additional watchers at the count facilities. The participating political party remains entitled to watchers of its choice during signature verification and at each voter service and polling center in accordance with current law.
Section 3 requires that the same provisions for watchers at general and congressional vacancy elections, as modified by section 2, be applied to any recount for a United States senator, representative in congress, and any state office or district office of state concern.
Section 1 makes a conforming amendment to the definition of "watcher".
Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 2, Line 2SECTION 1. In Colorado Revised Statutes, 1-1-104, amend (51) as follows:
Page 2, Line 31-1-104. Definitions. As used in this code, unless the context otherwise requires:
Page 2, Line 4(51) "Watcher" means an eligible elector other than a candidate
Page 2, Line 5on the ballot who has been selected by a political party chairperson on
Page 2, Line 6behalf of the political party; by a party candidate at a primary election,
Page 2, Line 7by an unaffiliated candidate at a general, congressional vacancy, or
Page 2, Line 8nonpartisan election; or by a person designated by either the opponents
Page 2, Line 9or the proponents in the case of a ballot issue or ballot question.
Page 2, Line 10"Watcher" also means an eligible elector selected by a
Page 2, Line 11candidate on the ballot for the office of United States senator,
Page 2, Line 12representative in congress, any state office or district office of
Page 2, Line 13state concern, or any county office who is subject to a recount.
Page 2, Line 14If selected by a political party chairperson or a party candidate, the
Page 3, Line 1watcher must be affiliated with that political party or unaffiliated as
Page 3, Line 2shown in the statewide voter registration system. If selected by an
Page 3, Line 3unaffiliated candidate, the watcher must be unaffiliated as shown in the statewide voter registration system.
Page 3, Line 5SECTION 2. In Colorado Revised Statutes, 1-10.5-102, amend (2) as follows:
Page 3, Line 61-10.5-102. Recounts for congressional, state, and district
Page 3, Line 7offices, state ballot questions, and state ballot issues. (2) The secretary
Page 3, Line 8of state shall notify the county clerk and recorder of each county involved
Page 3, Line 9of a public recount to be conducted in the county. The recount must be
Page 3, Line 10completed no later than the thirty-first day after any election. The
Page 3, Line 11secretary of state shall promulgate and provide each county clerk and
Page 3, Line 12recorder with the necessary rules to conduct the recount in a fair,
Page 3, Line 13impartial, and uniform manner, including provisions for watchers during
Page 3, Line 14the recount. The rules adopted by the secretary of state shall
Page 3, Line 15require the county clerk and recorder to allow any candidate
Page 3, Line 16who is subject to a recount to select one watcher for the
Page 3, Line 17recount in addition to any watchers otherwise selected for the
Page 3, Line 18recount. Any rule concerning the conduct of a recount must take into
Page 3, Line 19account the type of voting system and equipment used by the county in which the recount is to be conducted.
Page 3, Line 20SECTION 3. In Colorado Revised Statutes, amend 1-10.5-103 as follows:
Page 3, Line 211-10.5-103. Recount for other offices, ballot issues, and ballot
Page 3, Line 22questions in an election coordinated by county clerk and recorder. In
Page 3, Line 23any election coordinated by the county clerk and recorder, if it appears,
Page 4, Line 1as evidenced by the official abstract of votes cast, that a recount is
Page 4, Line 2required for any office, ballot question, or ballot issue not included in
Page 4, Line 3section 1-10.5-102, the county clerk and recorder shall order a recount of
Page 4, Line 4the votes cast for the office, ballot question, or ballot issue to be
Page 4, Line 5conducted in accordance with section 1-10.5-102. Any recount of the
Page 4, Line 6votes must be completed no later than the thirty-first day after the
Page 4, Line 7election. The county clerk and recorder shall ensure that any
Page 4, Line 8candidate subject to a recount pursuant to this section may
Page 4, Line 9select one watcher for the recount in addition to any watchers
Page 4, Line 10otherwise selected for the recount. A political subdivision that
Page 4, Line 11referred a ballot issue or ballot question to the electors may waive the
Page 4, Line 12automatic recount provisions of this section if the ballot issue or ballot
Page 4, Line 13question fails by giving written notice to the county clerk and recorder within twenty-three days after any election.
Page 4, Line 14SECTION 4. Act subject to petition - effective date -
Page 4, Line 15applicability. (1) This act takes effect at 12:01 a.m. on the day following
Page 4, Line 16the expiration of the ninety-day period after final adjournment of the
Page 4, Line 17general assembly; except that, if a referendum petition is filed pursuant
Page 4, Line 18to section 1 (3) of article V of the state constitution against this act or an
Page 4, Line 19item, section, or part of this act within such period, then the act, item,
Page 4, Line 20section, or part will not take effect unless approved by the people at the
Page 4, Line 21general election to be held in November 2026 and, in such case, will take
Page 4, Line 22effect on the date of the official declaration of the vote thereon by the governor.
Page 4, Line 23(2) This act applies to recounts held on or after the applicable effective date of this act.