Colorado Code
Part 5 - Electronic Voting Equipment
§ 1-7-508. Determination of Improperly Marked Ballots

(1) If any ballot is damaged or defective so that it cannot properly be counted by the electronic vote-counting equipment, a true duplicate copy shall be made of the damaged ballot in the presence of two witnesses. The duplicate ballot shall be substituted for the damaged ballot. Every duplicate ballot shall be clearly labeled as such and shall bear a serial number which shall be recorded on the damaged ballot.
(2) [ Editor's note: This version of subsection (2) is effective until July 1, 2022. ] Votes cast for an office to be filled or a ballot question or ballot issue to be decided shall not be counted if a voter marks more names than there are persons to be elected to an office or if for any reason it is impossible to determine the elector's choice of candidate or vote concerning the ballot question or ballot issue. A defective or an incomplete mark on any ballot in a proper place shall be counted if no other mark is on the ballot indicating an intention to vote for some other candidate or ballot question or ballot issue.
(2) [ Editor's note: This version of subsection (2) is effective July 1, 2022. ] Votes cast for an office to be filled or a ballot question or ballot issue to be decided shall not be counted if a voter marks more names than there are persons to be elected to an office or if for any reason it is impossible to determine the elector's choice of candidate or vote concerning the ballot question or ballot issue; except that an elector's rankings of multiple candidates in an election using instant runoff voting shall be recorded and counted in accordance with section 1-7-1003 and rules promulgated by the secretary of state. A defective or an incomplete mark on any ballot in a proper place shall be counted if no other mark is on the ballot indicating an intention to vote for some other candidate or ballot question or ballot issue.
(3) No ballot shall be counted unless it has the official endorsement required by section 1-5-407 (1).
(4) Ballots not counted because of the election judges' inability to determine the elector's intent for all candidates and ballot issues shall be marked "defective" on the back, banded together, separated from the other ballots, and preserved by the designated election official pursuant to section 1-7-801.
Source: L. 92: Entire article R&RE, p. 749, § 9, effective January 1, 1993. L. 2004: (2) amended, pp. 1359, 1213, §§ 22, 108, effective January 1, 2006. L. 2012: (3) amended, (HB 12-1292), ch. 181, p. 686, § 30, effective May 17. L. 2021: (2) amended, (HB 21-1071), ch. 367, p. 2421, § 12, effective July 1, 2022.
Cross references: For the legislative declaration contained in the 2004 act amending subsection (2), see section 1 of chapter 334, Session Laws of Colorado 2004.

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