EL PASO COUNTY — The recount for Colorado House District 16 (HD-16) ended with just a three-vote separation between 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.”
Republican Rebecca Keltie officially claimed victory Thursday, eight days after the recount began and one month to the day since Election Day.
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 a seven-vote difference. That then dropped to just six votes after a legally cast ballot 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.
"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 told KOAA last week that 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 decided 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 formally confirmed the recount results Thursday evening.
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.
In her emailed statement on Thursday, Vigil continued by attacking 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."
"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,” said Vigil.
Keltie immediately drove to Denver following notification of her victory for her new lawmaker orientation at the State Capitol.
Keltie sent a statement confirming Vigil's claim of adjudicators shifting three votes from Vigil to Keltie, noting it was a unanimous decision by the bipartisan canvass board, including the Democratic representative.
Keltie released the following statement:
“I am deeply honored to represent the good people of Colorado Springs and will work hard to represent all voices in my district, whether Republican, Democrat or Unaffiliated. While I’m disappointed that my opponent continues to lob personal attacks and threatens a potential lengthy and costly legal battle despite the final certified results finding she lost, I remain laser focused on preparing for the legislative session ahead and working with both parties to make Colorado a safer and more affordable place for all of our state’s citizens.”
“I have dedicated my life to serving our nation in the military and will take that same spirit of service with me to the State Capitol. I also make no bones about it - I won by a razor thin margin and will work hard to earn the trust and respect of all voters in my district. And let this be a lesson to voters everywhere - your vote matters!”
Email Senior Reporter Brett Forrest at brett.forrest@koaa.com. Follow @brettforrestTVon X and Brett Forrest News on Facebook.
HD16 headed to a recount, but is it the closest race ever in El Paso County?
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