There are two ways in which a recount is triggered in Colorado:
The first day that interested parties may request and file for a recount at their own expense is no sooner than 10 days or later than 22 days after Election Day.
The recount cannot occur until the certification of final results is completed by the canvass board no later than the 22nd day after Election Day.
An interested party is defined by Colorado Revised Statute § 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.
If the recount is triggered due to a vote differential of less than or equal to 0.5% between any election item winner and any election item loser, the entity (State, County, Municipality, etc.) that certified the ballot measure is responsible for the fees (Colorado Revised Statute § 1-10.5-101(1)(b)).
If the recount comes at the request of an interested party, the interested party is responsible for the expense of the recount provided the results of the recount do not change the outcome of the election. If the recount does reverse the outcome of the election, or if the recount shows that a recount should have automatically been triggered, the cost of the recount will be refunded to the interested party (Colorado Revised Statute § 1-10.5-106(2)).
Fees assessed for recounts of results where the interested party requesting the recount was less than five percent (5%) from prevailing in the election will be determined by adding all of the additional costs that will be incurred by conducting the recount. This fee will include but is not limited to costs for election judges, Canvass Board members, temporary staff used just for the recount, additional office supplies, etc. Normal operating costs for the Elections Division are not included.
The county clerk must determine the cost of the recount within 4 days of receiving the request to recount, but no later than 24 days following the election (Colorado Revised Statute § 1-10.5-106(2)).
Fees assessed for recounts of results where the interested party requesting the recount was five percent (5%) or more from prevailing in the election will be determined by adding all of the total costs associated with conducting the recount. This fee will include but is not limited to costs for election judges, Canvass Board members, staff time needed to conduct the recount, additional office supplies, prorated percentage of utilities, and any other normal operating costs for the Elections Division directly related to performing the recount.
The county clerk must determine the cost of the recount within 4 days of receiving the request to recount, but no later than 24 days following the election (Colorado Revised Statute § 1-10.5-106(2)).
