reglab/housing_qa huggingface dataset:
CO Code § 31-10-1301 (2021)
2021 Colorado Code|Title 31 - Government - Municipal|Article 10 - Municipal Election Code|Part 13 - Contests|§ 31-10-1301. Who May Contest - Causes

  The election of any person declared duly elected to any municipal office may be contested by any registered elector of such municipality:   When the contestee is not eligible for the office to which he has been declared elected;    When illegal votes have been received or legal votes rejected at the polls in sufficient numbers to change the results;    For any error or mistake on the part of any of the judges of election or the clerk and his assistant in counting or declaring the result of the election if the error or mistake would be sufficient to change the result;    For malconduct, fraud, or corruption on the part of the judges of election in any precinct or any clerk or his assistant if the malconduct, fraud, or corruption would be sufficient to change the result;    For any other cause which shows that another was the legally elected person.        History. Source: L. 75: Entire title R&RE, p. 1067, § 1, effective July 1. L. 87: IP(1) amended, p. 331, § 94, effective July 1.    Editor's note:   This section is similar to former § 31-10-1101 as it existed prior to 1975.   ANNOTATION   Subsection (1)(b) requires the contestor to prove for whom the illegal votes were cast, but the contestor cannot compel the testimony of the ineligible voters. Mahaffey v. Barnhill, 855 P.2d 847 (Colo. 1993).   Illegal votes have been received in sufficient numbers to change the results of an election when the number meets or exceeds the margin of victory. Mahaffey v. Barnhill, 855 P.2d 847 (Colo. 1993).   Applied in Jones v. Samora, 2014 CO 4M, 318 P.3d 462.
CO Code § 31-10-1302 (2021)
2021 Colorado Code|Title 31 - Government - Municipal|Article 10 - Municipal Election Code|Part 13 - Contests|§ 31-10-1302. District Judge to Preside - Bond

  All contested election cases of municipal officers shall be tried and determined in the district court of the county in which the municipality is located. Where a municipality is located in more than one county, the district court of either county has jurisdiction. The style and form of process, the manner of service of process and papers, the fees of officers, and judgment for costs and execution thereon shall be according to the rules and practices of the district court.    Before the district court is required to take jurisdiction of the contest, the contestor must file with the clerk of said court a bond, with sureties, to be approved by the district judge, running to said contestee and conditioned to pay all costs in case of failure to maintain his contest.     History. Source: L. 75: Entire title R&RE, p. 1067, § 1, effective July 1.    Editor's note:   This section is similar to former § 31-10-1102 as it existed prior to 1975.   ANNOTATION   A cost bond need not be filed for a district court to have jurisdiction over an election contest. The language is permissive so the court may require a cost bond before it accepts jurisdiction but it need not do so. Mahaffey v. Barnhill, 855 P.2d 847 (Colo. 1993).
CO Code § 31-10-1303 (2021)
2021 Colorado Code|Title 31 - Government - Municipal|Article 10 - Municipal Election Code|Part 13 - Contests|§ 31-10-1303. Filing Statement - Contents

 The contestor shall file in the office of the clerk of the district court, within ten days after the expiration of the period within which a recount may be requested pursuant to section (2) , or within ten days after the conclusion of a recount conducted pursuant to section 31-10-1207 , whichever is later, a written statement of the contestor's intention to contest the election, setting forth the name of the contestor, that the contestor is a registered elector of the municipality, the name of the contestee, the office contested, the time of election, and the particular causes of the contest. The statement shall be verified by the affidavit of the contestor or some registered elector of the municipality that the causes set forth in such statement are true to the best of the affiant's knowledge and belief.   History. Source: L. 75: Entire title R&RE, p. 1067, § 1, effective July 1. L. 87: Entire section amended, p. 332, § 95, effective July 1. L. 2000: Entire section amended, p. 799, § 20, effective August 2.    Editor's note:   This section is similar to former § 31-10-1103 as it existed prior to 1975.   ANNOTATION   Declaratory judgment action to determine whether sales and use tax properly authorized under municipal election is an election contest and therefore must be brought within ten days of canvassing. Molleck v. City of Golden, 884 P.2d 725 (Colo. 1994).
CO Code § 31-10-1304 (2021)
2021 Colorado Code|Title 31 - Government - Municipal|Article 10 - Municipal Election Code|Part 13 - Contests|§ 31-10-1304. Summons - Answer

  The clerk of the district court shall thereupon issue a summons in the ordinary form, in which the contestor shall be named as plaintiff and the contestee as defendant, stating the court in which the action is brought and a brief statement of the causes of contest, as set forth in the contestor's statement. The summons shall be served upon the contestee in the same manner as other summonses are served out of the district court of this state.    The contestee, within ten days after the service of such summons, shall make and file his answer to the same with the clerk of said court in which he shall either admit or specifically deny each allegation intended to be controverted by the contestee on the trial of such contest and shall set up in such answer any counterstatement which he relies upon as entitling him to the office to which he has been declared elected.    When the reception of illegal votes or the rejection of legal votes is alleged as the cause of the contest, a list of the number of persons who so voted or offered to vote shall be set forth in the statement of contestor and shall be likewise set forth in the answer of contestee if any such cause is alleged in his answer by way of counterstatement.    When the answer of the contestee contains new matter constituting a counterstatement, the contestor, within ten days after the filing of such answer, shall reply to the same, admitting or specifically denying, under oath, each allegation contained in such counterstatement intended by him to be controverted on the trial, and file the same in the office of the clerk of the district court.     History. Source: L. 75: Entire title R&RE, p. 1067, § 1, effective July 1.    Editor's note:   This section is similar to former § 31-10-1104 as it existed prior to 1975.
CO Code § 31-10-1305 (2021)
2021 Colorado Code|Title 31 - Government - Municipal|Article 10 - Municipal Election Code|Part 13 - Contests|§ 31-10-1305. Trial and Appeals

 Immediately after the joining of issue, the district court shall fix a day for the trial to commence, not more than twenty days nor less than ten days after the joining of issue. Such trial shall take precedence over all other business in said court. The testimony may be oral or by depositions taken before any officer authorized to take depositions. Any depositions taken to be used upon the trial of such contest may be taken upon four days' notice thereof. The district judge shall cause the testimony to be taken in full and filed in said cause. The trial of such causes shall be conducted according to the rules and practice of the district court in other cases. Such proceedings may be reviewed and finally adjudicated by the supreme court of this state if application to such court is made by either party and if the supreme court is willing to assume jurisdiction of the case.   History. Source: L. 75: Entire title R&RE, p. 1068, § 1, effective July 1.    Editor's note:   This section is similar to former § 31-10-1105 as it existed prior to 1975.   ANNOTATION   Statute creates no limitation on the district court's power to hear a controversy. It does not state that jurisdiction is lacking absent the setting of a trial within its limitations. Mahaffey v. Barnhill, 855 P.2d 847 (Colo. 1993).
CO Code § 31-10-1306 (2021)
2021 Colorado Code|Title 31 - Government - Municipal|Article 10 - Municipal Election Code|Part 13 - Contests|§ 31-10-1306. Recount

 If, upon the trial of any contested election under this article, the statement or counterstatement sets forth an error in canvass sufficient to change the result, the trial judge has the power to conduct a recount of the ballots cast or the votes tabulated on the voting machines in the precinct where the alleged error was made. The court may also require the production before it of such witnesses, documents, records, and other evidence as may have or may contain information regarding the legality of any vote cast or counted for either of the contesting candidates or the correct number of votes cast for either candidate and may correct the canvass in accordance with the evidence presented and its findings thereon.   History. Source: L. 75: Entire title R&RE, p. 1068, § 1, effective July 1.    Editor's note:   This section is similar to former § 31-10-1106 as it existed prior to 1975.
CO Code § 31-10-1307 (2021)
2021 Colorado Code|Title 31 - Government - Municipal|Article 10 - Municipal Election Code|Part 13 - Contests|§ 31-10-1307. Judgment

 The court shall pronounce judgment whether the contestee or any other person was duly elected. The person so declared elected is entitled to the office upon qualification. If the judgment is against the contestee and he has received his certificate, the judgment annuls it. If the court finds that no person was duly elected, the judgment shall be that the election be set aside and that a vacancy exists.   History. Source: L. 75: Entire title R&RE, p. 1068, § 1, effective July 1.    Editor's note:   This section is similar to former § 31-10-1107 as it existed prior to 1975.   ANNOTATION   Applied in Jones v. Samora, 2014 CO 4M, 318 P.3d 462.
CO Code § 31-10-1308 (2021)
2021 Colorado Code|Title 31 - Government - Municipal|Article 10 - Municipal Election Code|Part 13 - Contests|§ 31-10-1308. Ballot Questions and Ballot Issues - How Contested

  The results of an election on any ballot question may be contested in the manner provided by this part 13. The grounds for such contest shall be those grounds set forth in section 31-10-1301 (1)(b), (1)(c), and (1)(d). The contestee shall be the appropriate election official. In addition to other matters required to be set forth by this part 13, the statement of intention to contest the election shall set forth the question contested.    Any contest arising out of a ballot issue or ballot question, as defined in section 1-1-104 (2.3) and (2.7), C.R.S., concerning the order on the ballot or concerning whether the form or content of any ballot title meets the requirements of section 20 of article X of the state constitution, shall be conducted as provided in section 1-11-203.5, C.R.S.    The result of an election on any ballot issue, as defined in section 1-1-104 (2.3), C.R.S., approving the creation of any debt or other financial obligation may be contested in the manner provided by this part 13. The grounds for such contest shall be those grounds set forth in sections 1-11-201 (4), C.R.S., and 31-10-1301 (1)(b), (1)(c), and (1)(d). The contestee shall be the municipality for which the ballot issue was decided.     History. Source: L. 81: Entire section added, p. 1507, § 31, effective July 1. L. 94: Entire section amended, p. 1192, § 94, effective July 1. L. 2000: (2) amended, p. 799, § 21, effective August 2. L. 2003: (3) added, p. 750, § 7, effective August 6.    Editor's note:   This section is similar to former § 31-10-1108 as it existed prior to 1975.
CO Code § 31-10-1401 (2021)
2021 Colorado Code|Title 31 - Government - Municipal|Article 10 - Municipal Election Code|Part 14 - Other Judicial Proceedings|§ 31-10-1401. Controversies

  When any controversy arises between any official charged with any duty or function under this article and any candidate or other person, the district court, upon the filing of a verified petition by any such official or person setting forth in concise form the nature of the controversy and the relief sought, shall issue an order commanding the respondent in such petition to appear before the court and answer under oath to such petition. It is the duty of the court to summarily hear and dispose of any such issues, with a view to obtaining a substantial compliance with the provisions of this article by the parties to such controversy, and to make and enter orders and judgments and to follow the procedures of such court to enforce all such orders and judgments.    Such proceedings may be reviewed and finally adjudicated by the supreme court of this state if application to such court is made within five days after the termination thereof by the court in which the petition was filed and if the supreme court is willing to assume jurisdiction of the case.     History. Source: L. 75: Entire title R&RE, p. 1068, § 1, effective July 1.    Editor's note:   This section is similar to former § 31-10-1201 as it existed prior to 1975.   ANNOTATION   Annotator's note. Since § 31-10-1401 is similar to former § 31-10-1201 prior to the 1975 repeal and reenactment of this title, and laws antecedent thereto, relevant cases construing a prior provision have been included in the annotations to this section.   There is no ambiguity in the explicit language of the statute which names the district court as the forum in which such petitions are to filed. Birkenmayer v. Carter, 165 Colo. 459 , 439 P.2d 991 (1968).   Jurisdiction continues past election. Because the municipal election was 20 days ago and persons elected on that date are now in office, it appears that no remedy is afforded the petitioner whose name was omitted from the ballot in connection with the election; nevertheless, the district court erred in dismissing the action of the ground that it had no jurisdiction of the present controversy. Birkenmayer v. Carter, 165 Colo. 459 , 439 P.2d 991 (1968).   Applied in Theobald v. Byrns, 195 Colo. 330 , 579 P.2d 609 (1978).
CO Code § 31-10-1402 (2021)
2021 Colorado Code|Title 31 - Government - Municipal|Article 10 - Municipal Election Code|Part 14 - Other Judicial Proceedings|§ 31-10-1402. Correction of Errors

  The clerk shall, on his own motion, correct without delay any error in publication or sample or official ballots which he discovers or which is brought to his attention and which can be corrected without interfering with the timely distribution of the ballots.    When it appears by verified petition of a candidate or his agent to the district court that an error or omission has occurred in the publication of the names or descriptions of the candidates or in the printing of the sample or official ballots which has not been corrected by the clerk, the court shall issue an order requiring the clerk to forthwith correct such error or to forthwith show cause why such error should not be corrected. Costs, including a reasonable attorney fee, may be taxed in the discretion of such court against either party.    Such proceedings may be reviewed and finally adjudicated by the supreme court of this state if application to such court is made within five days after the termination thereof by the court in which the petition was filed and if the supreme court is willing to assume jurisdiction of the case.     History. Source: L. 75: Entire title R&RE, p. 1069, § 1, effective July 1.    Editor's note:   This section is similar to former § 31-10-1202 as it existed prior to 1975.
CO Code § 31-10-1501 (2021)
2021 Colorado Code|Title 31 - Government - Municipal|Article 10 - Municipal Election Code|Part 15 - Election Offenses|§ 31-10-1501. District Attorney or Attorney General to Prosecute

  Any person may file with the district attorney an affidavit stating the name of any person who has violated any of the provisions of this article and stating the facts which constitute the alleged offense. Upon the filing of such affidavit, the district attorney shall forthwith investigate, and, if reasonable grounds appear therefor, he shall prosecute the same.    The attorney general of the state shall have equal power with district attorneys to file informations or complaints against any person for violating any provision of this article.     History. Source: L. 75: Entire title R&RE, p. 1069, § 1, effective July 1.    Editor's note:   This section is similar to former § 31-10-1301 as it existed prior to 1975.
CO Code § 31-10-1502 (2021)
2021 Colorado Code|Title 31 - Government - Municipal|Article 10 - Municipal Election Code|Part 15 - Election Offenses|§ 31-10-1502. Sufficiency of Complaint - Judicial Notice

 Irregularities or defects in the mode of calling, giving notice of, convening, holding, or conducting any regular or special election constitutes no defense to a prosecution for a violation of this article. When an offense is committed in relation to any municipal election, an indictment, information, or complaint for such offense is sufficient if it alleges that such election was authorized by law, without stating the call or notice of the election, the names of the judges of election holding such election, or the names of the persons voted for at such election. Judicial notice shall be taken of the holding of any regular or special election.   History. Source: L. 75: Entire title R&RE, p. 1069, § 1, effective July 1. L. 81: Entire section amended, p. 1507, § 32, effective July 1.    Editor's note:   This section is similar to former § 31-10-1302 as it existed prior to 1975.
CO Code § 31-10-1503 (2021)
2021 Colorado Code|Title 31 - Government - Municipal|Article 10 - Municipal Election Code|Part 15 - Election Offenses|§ 31-10-1503. Immunity of Witness From Prosecution

 Any person violating any provision of this article is a competent witness against any other such violator and may be compelled to attend and testify upon any trial, hearing, proceeding, or investigation in the same manner as any other person, but the testimony so given shall not be used in any prosecution or proceeding, civil or criminal, against the person so testifying except for perjury in giving such testimony. A person so testifying shall not thereafter be liable to indictment, prosecution, or punishment for the offense with reference to which his testimony was given and may plead or prove the giving of testimony accordingly in bar of such indictment or prosecution.   History. Source: L. 75: Entire title R&RE, p. 1070, § 1, effective July 1.    Editor's note:   This section is similar to former § 31-10-1303 as it existed prior to 1975.
CO Code § 31-10-1504 (2021)
2021 Colorado Code|Title 31 - Government - Municipal|Article 10 - Municipal Election Code|Part 15 - Election Offenses|§ 31-10-1504. Penalties for Election Offenses

 In all cases where an offense is denominated by this article as being a misdemeanor and no penalty is specified, the offender, upon conviction thereof, shall be punished by a fine of not more than one thousand dollars, or by imprisonment in the county jail for not more than one year, or by both such fine and imprisonment.   History. Source: L. 75: Entire title R&RE, p. 1070, § 1, effective July 1.    Editor's note:   This section is similar to former § 31-10-1304 as it existed prior to 1975.
CO Code § 31-10-1505 (2021)
2021 Colorado Code|Title 31 - Government - Municipal|Article 10 - Municipal Election Code|Part 15 - Election Offenses|§ 31-10-1505. Payment of Fines

 All fines collected under the provisions of this article shall be paid to the county in which the municipality concerned is located.   History. Source: L. 75: Entire title R&RE, p. 1070, § 1, effective July 1.    Editor's note:   This section is similar to former § 31-10-1305 as it existed prior to 1975.
CO Code § 31-10-1506 (2021)
2021 Colorado Code|Title 31 - Government - Municipal|Article 10 - Municipal Election Code|Part 15 - Election Offenses|§ 31-10-1506. Perjury

 Any person, having taken any oath or made any affirmation required by this article, who swears or affirms willfully, corruptly, and falsely in a matter material to the issue or point in question or suborns any other person to swear or affirm willfully, corruptly, and falsely commits perjury in the second degree or subornation of perjury.   History. Source: L. 75: Entire title R&RE, p. 1070, § 1, effective July 1.    Editor's note:   This section is similar to former § 31-10-1306 as it existed prior to 1975.
CO Code § 31-10-1507 (2021)
2021 Colorado Code|Title 31 - Government - Municipal|Article 10 - Municipal Election Code|Part 15 - Election Offenses|§ 31-10-1507. Forgery

 Any person who falsely makes, alters, forges, or counterfeits any ballot before or after it has been cast, or who forges any name of a person as a signer or witness to a petition or nomination paper, or who forges the name of a registered elector to an absent voter's ballot commits forgery.   History. Source: L. 75: Entire title R&RE, p. 1070, § 1, effective July 1. L. 97: Entire section amended, p. 1027, § 57, effective August 6.    Editor's note:   This section is similar to former § 31-10-1307 as it existed prior to 1975.
CO Code § 31-10-1508 (2021)
2021 Colorado Code|Title 31 - Government - Municipal|Article 10 - Municipal Election Code|Part 15 - Election Offenses|§ 31-10-1508. Tampering With Nomination Papers

 [ ] Any person who, being in possession of nomination papers entitled to be filed under this article, wrongfully or willfully destroys, defaces, mutilates, suppresses, neglects, or fails to cause the same to be filed by the proper time in the clerk's office or who files any such paper knowing the same, or any part thereof, to be falsely made commits a misdemeanor and, upon conviction thereof, shall be punished as provided in section 31-10-1504 .  Editor's note: This version of this section is effective until March 1, 2022.  History. Source: L. 75: Entire title R&RE, p. 1070, § 1, effective July 1. L. 2021: Entire section amended,(SB 21-271), ch. 462, p. 3251, § 512, effective March 1, 2022.    Editor's note:    This section is similar to former § 31-10-1308 as it existed prior to 1975.    Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.
CO Code § 31-10-1508 (2021)
2021 Colorado Code|Title 31 - Government - Municipal|Article 10 - Municipal Election Code|Part 15 - Election Offenses|§ 31-10-1508. Tampering With Nomination Papers

 [ ] Any person who, being in possession of nomination papers entitled to be filed under this article 10, wrongfully or willfully destroys, defaces, mutilates, suppresses, neglects, or fails to cause the same to be filed by the proper time in the clerk's office or who files any such paper knowing the same, or any part thereof, to be falsely made commits a class 2 misdemeanor.  Editor's note: This version of this section is effective March 1, 2022.  History. Source: L. 75: Entire title R&RE, p. 1070, § 1, effective July 1. L. 2021: Entire section amended,(SB 21-271), ch. 462, p. 3251, § 512, effective March 1, 2022.