2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL DISTRICT ACT (§§ 32-1-101 — 32-1-1807) › Article 1 - SPECIAL DISTRICT PROVISIONS (§§ 32-1-101 — 32-1-1807) › Part 8 - ELECTIONS (§§ 32-1-801 — 32-1-809) › Section 32-1-808 - Transfer of property title to qualify electors - limitations - validation

(1)
(a)
No person shall knowingly take or place title to taxable property in the name of another or enter into a contract to purchase or sell taxable property for the purpose of attempting to qualify such person as an eligible elector at any special district election. Any ballot cast in violation of this subsection (1) as determined in an election contest conducted pursuant to article
13.5
of title
1
, C.R.S., shall be void.
(b)
No person shall aid or assist any person in doing any of the acts described in paragraph (a) of this subsection (1).
(2)
(a)
A person may take or place title to taxable property in the name of another or enter into a contract to purchase or sell taxable property for the purpose of attempting to qualify such person as an eligible elector for any special district election under the following circumstances:
(I)
A vacancy exists on the board of the special district and, within ten days of the publication of notice of such vacancy, no otherwise qualified eligible elector files a letter of interest in filling such position with the board;
(II)
In any organizational election at which there are more than ten eligible electors, on or after the second day before the filing deadline for self-nomination and acceptance forms or letters pursuant to section
32-1-305.5(4)
, the number of otherwise qualified eligible electors who have filed such self-nomination and acceptance forms or letters is less than the number of special district director offices to be voted upon at such election;
(III)
There are less than eleven eligible electors as of any date before an organizational election; or
(IV)
On or after the day after the filing deadline for self-nomination and acceptance forms or letters pursuant to section
1-13.5-303
, C.R.S., before any regular special district election, the number of otherwise qualified eligible electors who have filed self-nomination and acceptance forms or letters pursuant to section
1-13.5-303
, C.R.S., is less than the number of special district director offices to be voted upon at the election.
(b)
(I)
Notwithstanding any other provision of law, no person shall place title to taxable property in the name of another or enter into a contract to sell taxable property for the purpose of attempting to qualify more than the number of persons who are necessary to be eligible electors in order to:
(A)
Fill a vacancy on a board except as permitted by the provisions of subparagraph (I) of paragraph (a) of this subsection (2); or
(B)
Become a candidate for director in a special district election except as permitted by the provisions of subparagraphs (II), (III), and (IV) of paragraph (a) of this subsection (2).
(II)
The incidental qualification of the spouse of a person as an eligible elector pursuant to section
32-1-103(5)(a)(II)
shall not constitute a qualification of more than the number of persons necessary to be eligible electors under subparagraph (I) of this paragraph (b).
(3)
It shall not constitute a violation of subsection (1) of this section for a person to take or place title to taxable property in the name of another or to enter into a contract to purchase or sell taxable property in substitution of property acquired in accordance with subsection (2) of this section.
(4)
Any person who is an eligible elector as of July 1, 2006, or who has been qualified as an eligible elector under this section shall remain qualified as an eligible elector until such time as such person ceases to meet the qualifications set forth in section
32-1-103(5)
.
(5)
Any person elected to a board whose qualification as an eligible elector is not challenged and overturned in accordance with the requirements specified in article
13.5
of title
1
, C.R.S., shall not be subject to further challenge based upon qualification as a property owner under this section.
(6)
(a)
Notwithstanding any provision of law to the contrary:
(I)
The qualification of any person appointed or elected to a board prior to April 21, 2016, is hereby validated, ratified, and confirmed and may not be challenged, except as provided in this subsection (6), unless a contest was initiated prior to April 21, 2016.
(II)
The qualification of any person appointed or elected to a board on May 3, 2016, is hereby validated, ratified, and confirmed and may not be challenged, except as provided in this subsection (6), unless a contest was initiated within the time period specified in section
1-11-213
or
1-13.5-1403
, C.R.S., as applicable.
(b)
Except where a contest to the qualifications of a person to serve on a board has been timely initiated as described in this subsection (6), this subsection (6) validates, ratifies, and confirms the qualifications of any person appointed or elected to a board prior to May 3, 2016, notwithstanding any defects and irregularities in such qualifications. All actions undertaken by any board member who may not have been qualified to serve on the board when appointed or elected on or before May 3, 2016, shall be considered as actions of a de facto officer and director and as valid and effective.
(c)
Nothing in this subsection (6) is intended to limit challenges by legal proceedings in the nature of quo warranto to the continuing service of persons appointed or elected to a board who may no longer be eligible to serve in accordance with section
32-1-905
together with challenges to the actions of such board taken after initiation of those legal proceedings.
Amended by 2016 Ch. 210,§ 90, eff. 6/6/2016.
Amended by 2016 Ch. 174,§ 3, eff. 5/18/2016.
Amended by 2014 Ch. 2,§ 47, eff. 2/18/2014.
L. 2006: Entire section added, p. 135, § 1, effective March 29. L. 2014: (2)(a)(IV) amended, (HB 14-1164), ch. 2, p. 75, § 47, effective February 18. L. 2016: (5) amended and (6) added, (SB 16-211), ch. 174, p. 596, § 3, effective May 18; (1)(a) and (5) amended, (SB 16-189), ch. 210, p. 787, § 90, effective June 6.
Amendments to subsection (5) by SB 16-189 and SB 16-211 were harmonized.
(1) For the legislative declaration in HB 14-1164, see section 1 of chapter 2, Session Laws of Colorado 2014. (2) For the legislative declaration in SB 16-211, see section 1 of chapter 174, Session Laws of Colorado 2016.