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Democrat may seek ‘legal remedies’ after El Paso County recount ends with three votes separating candidates

Recount ended in a tie, with the winning difference decided in the adjudication process
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EL PASO COUNTY, Colo. — The recount for Colorado House District 16 (HD-16) ended with just three votes separating the two candidates. The slim margin and manner in which the votes were decided led the losing candidate, incumbent Democrat Steph Vigil, to state she might seek “legal remedies.”

"The recount in House District 16 has now been completed and certified by the official canvas board, including the representatives from both the Republican and Democrat party.  I am humbled and honored to have been elected to serve the voters of House District 16.

I want to thank my large team of volunteers, community members, and especially the voters, for your support and embracing my optimistic vision of Colorado.   We ran a positive, fact-based campaign, highlighting my position on the issues important to House District 16 voters, with specific emphasis on increasing public safety, prioritizing affordable living and lower taxes, and championing education and parental rights.

I look forward to listening and engaging with the community to represent the voters of House District 16."
Republican Rebecca Keltie

Under Colorado law, a recount must occur when a race is within a half percentage point.

Initially, Keltie was the unofficial winner after counting concluded on Nov. 25 with just seven votes separating the candidates.

Keltie immediately drove to Denver following notification of her victory for her new lawmaker orientation at the Colorado State Capitol.

She released the following statement:

"The recount in House District 16 has now been completed and certified by the official canvas board, including the representatives from both the Republican and Democrat party.  I am humbled and honored to have been elected to serve the voters of House District 16.

I want to thank my large team of volunteers, community members, and especially the voters, for your support and embracing my optimistic vision of Colorado.   We ran a positive, fact-based campaign, highlighting my position on the issues important to House District 16 voters, with specific emphasis on increasing public safety, prioritizing affordable living and lower taxes, and championing education and parental rights.

I look forward to listening and engaging with the community to represent the voters of House District 16."

The difference between the candidates then dropped to just six votes after a ballot cast legally was counted late after being delayed by winter weather.

Rep. Steph Vigil previously said she would honor the results of the recount and election, but partially stepped back from her commitment on Thursday.

"The mandatory recount for HD-16 brought this race to a tie. It was only in the process of the canvass board's review that three Vigil votes were reversed, which therefore tilted the election in Ms Keltie's favor by three votes. It's my understanding that the canvass board's report will be certified by the Secretary of State, which will make Ms Keltie representative-elect for HD-16,” Vigil said in an emailed statement.

In that statement, Vigil attacked her opponent for previous election denialism.

"In this moment of rising authoritarianism, attacks on democracy, and the scapegoating of minority groups for political gain, it is certainly distressing to see a campaign based on fear and hatred prevail, by any amount; especially by a candidate who's demonstrated a clear pattern of trafficking in election denial, but is suddenly fully confident in the very system she has repeatedly attacked," Vigil said. "Let's be clear: three votes is hardly a landslide. So many community members have reached out to express their frustration. Please know that you're not alone and I'm not going anywhere. We will continue to fight for our values together, in whatever way we can.”

Vigil said the fight isn't over yet.

"There are legal remedies available to me to investigate possible variables that would return the results to what the recount process initially determined, but I will need to consult with legal experts before making a decision of that magnitude,” Vigil added.

El Paso County Clerk and Recorder Steve Schleiker said last week, a team of bipartisan election judges and adjudicators would be recounting all 380,000 ballots cast in the November General Election despite HD-16 only having about 40,000 ballots.

Schleiker said this was decided so that all ballots for the district would be counted without missing any, and that it would take longer to sort through and separate only the HD-16 ballots.

Speaking on the phone after her victory, Keltie confirmed it came down to the adjudication process since the recount ended in a tie, meaning the bipartisan adjudicators and canvass board ultimately decide the race.

Adjudication occurs when a ballot has an unclear marking, such as one bubble partially filled in for one candidate and fully filled in for the other.

The adjudicators, one Republican and one Democrat, must then determine the voter’s intent. If they still disagree, then they bring it in front of the canvass board, Schleiker explained last week as the recount began. It’s unclear how many votes might have appeared before the canvass board at the time of this writing.

The Colorado Secretary of State's Office is expected to formally announce the results of the recount.

When the recount began, Schleiker said it’s rare for votes to flip in a recount, and if they do, it happens during the adjudication process.

“This is where we have brought back veteran bipartisan judges that are going to be working as far as tabulating the ballots and also adjudicating the ballots,” Schleiker said last week. “So these are individuals that have worked numerous elections, to include our general election.”

Secretary of State Jena Griswold announced the mandatory recount on Nov. 25, noting it must be completed by Dec. 6.

Email Senior Reporter Brett Forrest at brett.forrest@koaa.com. Follow @brettforrestTVon X and Brett Forrest News on Facebook.

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