(1) If at any general or congressional vacancy election, after all recounts have been completed, any two or more pairs of joint candidates for the offices of governor and lieutenant governor or if two or more candidates for the offices of secretary of state, state treasurer, or attorney general tie for the highest number of votes for the same office, one of the pairs or one of the individual candidates shall be chosen by the two houses of the general assembly on a joint ballot.
(2) If at any general or congressional vacancy election, after all recounts have been completed, any two or more persons tie for the highest number of votes for presidential electors, for United States senator, for representative in congress, for regent of the university of Colorado, for member of the state board of education, for state senator or state representative, or for district attorney, the secretary of state shall proceed to determine by lot which of the candidates shall be declared elected. Reasonable notice shall be given to the candidates of the time when the election will be determined.
(3) If at any primary election, after all recounts have been completed, any two or more candidates for an office other than a county office of the same political party tie for the highest number of votes for the same office, the tie shall be resolved in a manner agreed upon by the tying candidates. In case the candidates fail to agree on the method of resolution within five days after the canvass is complete, the tie shall be resolved by lot to be cast as the secretary of state may determine.
(4) If at any primary election involving a county office, after all recounts have been completed, two or more candidates of the same political party tie for the highest number of votes for the same office, the canvass board shall determine by lot the person who shall be elected. The canvass board shall provide the candidates affected by the tie vote reasonable notice of the time when the election will be determined.
Source: L. 92: Entire article R&RE, p. 783, § 14, effective January 1, 1993. L. 99: Entire section amended, p. 488, § 14, effective July 1.
Editor's note: Subsection (2) is similar to former § 1-10-104 (3)(a), and subsection (3) is similar to former § 1-10-104 (3)(b), as they existed prior to 1992.
Cross references: For appointment of the original county board of canvassers, see § 1-10-101 (1)(a).
Structure Colorado Code
Article 11 - Certificates of Election and Election Contests
Part 1 - Tie Votes and Certificates of Election
§ 1-11-101. Tie Votes at Partisan Elections
§ 1-11-102. Tie Votes in Nonpartisan Elections
§ 1-11-102.5. Ballot Issue and Ballot Question - Majority Required
§ 1-11-103. Certificates of Election for Nonpartisan, Ballot Issue, or Ballot Question Elections
§ 1-11-104. Certificates of Election for County and Precinct Officers
§ 1-11-105. Certificates of Election for National, State, and District Officers