Colo. Rev. Stat. » Title 1
Colorado Revised Statutes

Colo. Rev. Stat. § 1-40-123 (2026)

Counting of votes - effective date - conflicting provisions

✓ current as of July 2026
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(1) The votes on all measures submitted to the people shall be counted and properly entered after the votes for candidates for office cast at the same election are counted and shall be counted, canvassed, and returned and the result determined and certified in the manner provided by law concerning other elections. The secretary of state who has certified the election shall, without delay, make and transmit to the governor a certificate of election. The measure takes effect from and after the date of the official declaration of the vote by proclamation of the governor, but not later than thirty days after the votes have been canvassed, as provided in section 1 of article V of the state constitution.

(2) A majority of the votes cast thereon adopts any measure submitted for a proposed law, and, in case of adoption of conflicting provisions, the one that receives the greatest number of affirmative votes prevails in all particulars as to which there is a conflict.

(3) At least fifty-five percent of the votes cast thereon adopts any measure submitted for an amendment to the state constitution; except that a majority of the votes cast thereon adopts any measure submitted for an amendment to the state constitution that only repeals in whole or in part any provision of the state constitution. In the case of adoption of conflicting provisions, the one that receives the greatest number of affirmative votes prevails in all particulars as to which there is a conflict.

Source: L. 93: Entire article amended with relocations, p. 691, § 1, effective May 4. L. 95: Entire section amended, p. 436, § 17, effective May 8. L. 2017: Entire section amended, (SB 17-152), ch. 169, p. 620, § 7, effective August 9.

Editor's note: This section is similar to former § 1-40-113 as it existed prior to 1993.

Notes of Decisions
Cited in 3 cases, 1995–2015 · leading case: People v. Boyd, 2015 COA 109 (Colo. Ct. App. 2015).
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People v. Boyd, 2015 COA 109 (Colo. Ct. App. 2015). · cites it 22× “¶41       Finally, the dissent emphasizes section 1-40-123, C.R.S. 2014, which provides that a measure submitted to the people “shall take effect from and after the date of the official declaration of the vote by proclamation of the governor, but not later than thirty…”
Bolt v. Arapahoe Cnty. Sch. Dist. No. Six, 898 P.2d 525 (Colo. 1995). · cites it 3× “See § 1-40-123, IB C.R.S. (1994 Supp.) (providing that the Secretary of State, or other officer, “shall” transmit to the governor an “official certificate of election”).”
Bolt v. Arapahoe Cty. Sch. Dist. Six, 898 P.2d 525 (Colo. 1995). · cites it 3× “See § 1-40-123, 1B C.R.S. (1994 Supp.) (providing that the Secretary of State, or other officer, "shall" transmit to the governor an "official certificate of election").”
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