Secretary of state race recount yields no change for Peters in Montrose County

The complaint names Guynes and the other clerks in their official capacities, suing them for prospective relief over the recount. The suit also names Secretary of State Jena Griswold as a defendant.

The complaint document alleges the recount was not conducted according to the applicable law and that Dominion Voting Systems devices violate system standards, thereby rendering them not certifiable under Colorado law.

Peters in the suit asks the court to stop the recounts, although they have been completed. Her suit also asks for statutory compliance with furnishing the secretary of state access to the election records used in the recounts; for a requirement that the secretary conduct the recounts in accordance with statute; an order that the county clerks become official observers to any such recount — and for all expenses associated to be paid by the state general fund.

If the court issues the order, Peters also wants the counties to be ordered to pay expenses incurred prior in association with the recount, and the return of “all monies paid by the petitioner (herself) to the secretary,” as well as other relief the court is inclined to provide.

Although according to published reports, the recount gained Peters 13 more votes, Anderson also gained the same amount.

None of the new votes tallied for Peters were in Montrose County, however. Here, she neither added nor subtracted any votes, Guynes said. Guynes did not comment on the lawsuit, the response to which is in the hands of county attorneys across the state and had not been filed as of last report.

Although she lost statewide, Peters carried Montrose County in the primary election, with 4,232 votes to Anderson’s 3,443 and Mike O’Donnell’s 2,805.

Peters, who raised hundreds of thousands of dollars after losing the primary race to Anderson, paid for the recount herself as an interested party. The results in the original race weren’t close enough to trigger a statutory recount.

Guynes said Peters was on hand for Montrose’s canvass, which was certified Tuesday. “Our recount numbers were exactly the same,” she said.

Guynes is part of the canvass board, which includes the county clerk and an appointee from each major political party; ideally, a recount’s adjudicators are the same people who canvassed the original election, although they can decline participation.

Katharhynn Heidelberg is the Montrose Daily Press assistant editor and senior writer. Follow her on Twitter, @kathMDP.