reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 11 - CERTIFICATES OF ELECTION AND ELECTION CONTESTS (§§ 1-11-101 — 1-11-311) › Part 1 - TIE VOTES AND CERTIFICATES OF ELECTION (§§ 1-11-101 — 1-11-108) › Section 1-11-102 - Tie votes in nonpartisan elections

If any two or more candidates tie for the highest number of votes for the same office and if there are not enough offices remaining for all the candidates, the board of canvassers shall determine by lot the person who shall be elected. Reasonable notice shall be given to the candidates who are involved of the time when the election will be determined.
L. 92: Entire article R&RE, p. 784, § 14, effective 1/1/1993.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 11 - CERTIFICATES OF ELECTION AND ELECTION CONTESTS (§§ 1-11-101 — 1-11-311) › Part 1 - TIE VOTES AND CERTIFICATES OF ELECTION (§§ 1-11-101 — 1-11-108) › Section 1-11-102.5 - Ballot issue and ballot question - majority required

If any ballot issue or ballot question is approved by less than a majority of the votes cast, the issue or question shall be considered to have failed.
L. 95: Entire section added, p. 845, § 71, effective July 1.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 11 - CERTIFICATES OF ELECTION AND ELECTION CONTESTS (§§ 1-11-101 — 1-11-311) › Part 1 - TIE VOTES AND CERTIFICATES OF ELECTION (§§ 1-11-101 — 1-11-108) › Section 1-11-103 - Certificates of election for nonpartisan, ballot issue, or ballot question elections

(1)
Except in the case of offices for which a recount is required, immediately after the final abstract of votes cast for each office has been prepared and certified, the designated election official shall notify the candidates of their election to office. After any required bond and oath is filed, the designated election official shall make a formal certificate of election for each person who was elected and shall deliver the formal certificate to that person.
(2)
Except in the case of ballot issues or ballot questions for which a recount is required, immediately after the abstract of votes cast for each ballot issue or ballot question has been prepared and certified, the designated election official shall notify the governing body of the political subdivision conducting the election and the petition representatives of a ballot issue or ballot question of the election result and shall make a certificate of the votes cast for and against each ballot issue and for and against each ballot question available for public inspection in the office of the designated election official for no less than ten days following the completion of the abstract of votes cast by the canvass board.
(3)
The results of a special district election shall be certified to the division of local government within thirty days after the election as provided in section
32-1-104 (1)
, C.R.S. If an election is canceled, the notice and a copy of the resolution of cancellation shall be filed with the division of local government.
L. 92: Entire article R&RE, p. 784, § 14, effective 1/1/1993. L. 93: Entire section amended, p. 1435, § 118, effective July 1. L. 94: Entire section amended, p. 1174, § 59, effective July 1. L. 99: (1) and (2) amended, p. 489, § 15, effective July 1; (3) amended, p. 452, § 10, effective August 4.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 11 - CERTIFICATES OF ELECTION AND ELECTION CONTESTS (§§ 1-11-101 — 1-11-311) › Part 1 - TIE VOTES AND CERTIFICATES OF ELECTION (§§ 1-11-101 — 1-11-108) › Section 1-11-104 - Certificates of election for county officers

Except in the case of offices for which a recount is required, immediately after the final abstract of votes cast for county officers has been prepared and certified, the county clerk and recorder shall make a certificate of election, or a certificate of nomination in the case of a primary election, for each person declared to be elected or nominated to each office and shall deliver the certificates to that person.
Amended by 2024 Ch. 468,§ 43, eff. 6/6/2024.
L. 92: Entire article R&RE, p. 784, § 14, effective 1/1/1993. L. 99: Entire section amended, p. 489, § 16, effective July 1.
This section is similar to former § 1-10-201 as it existed prior to 1992.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 11 - CERTIFICATES OF ELECTION AND ELECTION CONTESTS (§§ 1-11-101 — 1-11-311) › Part 1 - TIE VOTES AND CERTIFICATES OF ELECTION (§§ 1-11-101 — 1-11-108) › Section 1-11-105 - Certificates of election for national, state, and district officers

Immediately after the results of an election have been certified pursuant to section
1-10-105 (1)
, the secretary of state shall make and transmit a certificate of election, certified under the secretary of state's seal of office, to each of the persons declared to be elected to national, state, and district offices of state concern and shall record in a book to be kept for that purpose each such certification. If the secretary of state is unable to certify the candidate elected to a state or district office of state concern, no such certification of election may be transmitted by the secretary of state until the candidate elected has been determined.
Amended by 2016 Ch. 173, § 62, eff. 5/18/2016.
L. 92: Entire article R&RE, p. 784, § 14, effective 1/1/1993. L. 94: Entire section amended, p. 1175, § 60, effective July 1. L. 99: Entire section amended, p. 490, § 17, effective July 1. L. 2016: Entire section amended, (SB 16-142), ch. 173, p. 587, § 62, effective May 18.
This section is similar to former § 1-10-202 as it existed prior to 1992.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 11 - CERTIFICATES OF ELECTION AND ELECTION CONTESTS (§§ 1-11-101 — 1-11-311) › Part 1 - TIE VOTES AND CERTIFICATES OF ELECTION (§§ 1-11-101 — 1-11-108) › Section 1-11-106 - Delivery of certified list of results

Upon the organization of the house of representatives, the secretary of state shall deliver to the speaker of the house a certified list of candidates elected to each state office and of each member elected to the general assembly showing the member's district. If the secretary of state is unable to certify the candidate elected to state office or the member elected to the general assembly from a particular district, the secretary of state shall also deliver a list of the state offices or districts for which no certification may be made. The speaker, upon receipt of the certified list and, if delivered, the list of offices and districts for which no certification may be made and before proceeding to other business, shall open and announce the results in the presence of a majority of the members of both houses of the general assembly, who shall assemble for that purpose in the chamber of the house of representatives. The person having the highest number of votes for any of the offices shall be declared duly elected by the presiding officer of the joint assembly.
Amended by 2024 Ch. 468,§ 44, eff. 6/6/2024.
L. 92: Entire article R&RE, p. 784, § 14, effective 1/1/1993. L. 99: Entire section amended, p. 490, § 18, effective July 1.
This section is similar to former § 1-10-103 as it existed prior to 1992.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 11 - CERTIFICATES OF ELECTION AND ELECTION CONTESTS (§§ 1-11-101 — 1-11-311) › Part 1 - TIE VOTES AND CERTIFICATES OF ELECTION (§§ 1-11-101 — 1-11-108) › Section 1-11-107 - Lists of presidential electors

The secretary of state shall prepare a certificate of election for each presidential elector who is elected at any general election. The governor shall sign and affix the seal of the state to the certificates. The secretary of state shall deliver six copies of the certificate to each elector on the date of or before the meeting of the electors to cast ballots as required in section
1-4-304
.
Amended by 2023 Ch. 399,§ 41, eff. 6/6/2023.
L. 92: Entire article R&RE, p. 785, § 14, effective 1/1/1993.
This section is similar to former § 1-10-204 as it existed prior to 1992.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 11 - CERTIFICATES OF ELECTION AND ELECTION CONTESTS (§§ 1-11-101 — 1-11-311) › Part 1 - TIE VOTES AND CERTIFICATES OF ELECTION (§§ 1-11-101 — 1-11-108) › Section 1-11-108 - [Repealed]

L. 92: Entire article R&RE, p. 785, § 14, effective 1/1/1993. L. 94: (1)(a) amended, p. 1175, § 61, effective July 1. L. 99: Entire section repealed, p. 492, § 24, effective July 1.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 11 - CERTIFICATES OF ELECTION AND ELECTION CONTESTS (§§ 1-11-101 — 1-11-311) › Part 2 - ELECTION CONTESTS (§§ 1-11-201 — 1-11-218) › Section 1-11-201 - Causes of contest

(1)
The election of any candidate to any office may be contested on any of the following grounds:
(a)
That the candidate elected is not eligible to hold the office for which elected;
(b)
That illegal votes were received or legal votes rejected at the polls in sufficient numbers to change the result of the election;
(c)
That an election judge or canvass board has made an error in counting or declaring the result of an election that changed the result of the election;
(d)
That an election judge, canvass board, or member of a canvass board has committed malconduct, fraud, or corruption that changed the result of the election; or
(e)
That, for any reason, another candidate was legally elected to the office.
(2)
For the purpose of this part 2, if the election or nomination of either the governor or lieutenant governor is found to be invalid for any reason, the finding shall not in any way be construed to invalidate the election or nomination of the other joint candidate.
(3)
The result of any election to determine a ballot issue or ballot question may be contested on any of the following grounds:
(a)
That illegal votes were received or legal votes were rejected at the polls in sufficient numbers to change the result of the election;
(b)
That an election judge or canvass board has made an error in counting or declaring the result of an election that changed the result of the election; or
(c)
That an election judge, canvass board, or member of a canvass board has committed misconduct, fraud, or corruption that changed the result of the election.
(4)
In addition to the grounds set forth in subsection (3) of this section, the result of any election to determine a ballot issue that includes approval of the creation of any debt or other financial obligation may be contested if the notice required by section
1-7-908
is not provided in accordance with that section or contains any material misstatement of the information required to be set forth in the notice.
L. 92: Entire article R&RE, p. 785, § 14, effective 1/1/1993. L. 94: (3) added, p. 1175, § 62, effective July 1. L. 99: (1)(c), (1)(d), (3)(b), and (3)(c) amended, p. 490, § 19, effective July 1. L. 2003: (4) added, p. 749, § 2, effective August 6.
This section is similar to former § 1-11-201 as it existed prior to 1992.
For contests for county and nonpartisan officers, ballot issues, and ballot questions, see § 1-11-212 ; for contested elections, see C.R.C.P. 100.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 11 - CERTIFICATES OF ELECTION AND ELECTION CONTESTS (§§ 1-11-101 — 1-11-311) › Part 2 - ELECTION CONTESTS (§§ 1-11-201 — 1-11-218) › Section 1-11-202 - Who may contest election

The election of any candidate or the results of an election on any ballot issue or ballot question may be contested by any eligible elector of the political subdivision.
L. 92: Entire article R&RE, p. 786, § 14, effective 1/1/1993. L. 94: Entire section amended, p. 1175, § 63, effective July 1.
For causes of contest, see § 1-11-201 ; for contested elections, see C.R.C.P. 100.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 11 - CERTIFICATES OF ELECTION AND ELECTION CONTESTS (§§ 1-11-101 — 1-11-311) › Part 2 - ELECTION CONTESTS (§§ 1-11-201 — 1-11-218) › Section 1-11-203 - Contests arising out of primary elections

(1)
All election contests arising out of a primary election, except contests for national or state offices, shall be summarily adjudicated by the district court sitting for the political subdivision within which a contest arises. The court which first acquires jurisdiction of any contest shall have original jurisdiction, subject to appellate review as provided by law and the Colorado appellate rules. In all cases involving contests for state offices, the supreme court shall take original jurisdiction for the purpose of summarily adjudicating any contest.
(2)
Every contest shall be instituted by verified petition to the proper court, setting forth the grounds for the contest. The petition shall be filed and a copy served on the contestee within five days after the occurrence of the grounds of the contest. The contestee shall answer under oath within five days after service. If the petition cannot be personally served within the state on the contestee, service may be made by leaving a copy of the petition with the clerk of the court having original jurisdiction of the controversy or contest who shall search for the contestee so that an answer may be filed. Upon the expiration of the time for the answer, the court having jurisdiction of the contest shall forthwith set the matter for trial on the merits and shall summarily adjudicate it.
L. 92: Entire article R&RE, p. 786, § 14, effective 1/1/1993.
This section is similar to former § 1-11-214 as it existed prior to 1992.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 11 - CERTIFICATES OF ELECTION AND ELECTION CONTESTS (§§ 1-11-101 — 1-11-311) › Part 2 - ELECTION CONTESTS (§§ 1-11-201 — 1-11-218) › Section 1-11-204 - Contests for presidential elector

The supreme court of this state has original jurisdiction for the adjudication of contests concerning presidential electors and shall prescribe rules for practice and proceedings for such contests. No justice of the court who is a contestor in the election contest shall be permitted to hear and determine the matter. A contest must be filed with the supreme court no later than twenty-four days after the general election notwithstanding the fact that a recount may be ongoing. The supreme court is required to rule on a contest before the deadline to issue and submit the certificate of ascertainment pursuant to the requirements of the federal "Electoral Count Reform and Presidential Transition Improvement Act of 2022", 3 U.S.C. sec. 5. The supreme court shall prioritize election contests of presidential electors over all regular business of the court so that election results are determined as soon as practicable.
Amended by 2024 Ch. 468,§ 45, eff. 6/6/2024.
L. 92: Entire article R&RE, p. 786, § 14, effective 1/1/1993.
This section is similar to former § 1-11-202 as it existed prior to 1992.
For contested elections, see C.R.C.P. 100.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 11 - CERTIFICATES OF ELECTION AND ELECTION CONTESTS (§§ 1-11-101 — 1-11-311) › Part 2 - ELECTION CONTESTS (§§ 1-11-201 — 1-11-218) › Section 1-11-205 - Contests for state officers

(1)
Proceedings to contest the election of any person declared elected governor, lieutenant governor, secretary of state, state treasurer, attorney general, member of the state board of education, or regent of the university of Colorado may be commenced by filing with the secretary of the senate, between the sixth and tenth legislative days of the first session of the general assembly after the day of the election, a notice of intention to contest the election, specifying the particular grounds on which the contestor means to rely. The contestor shall file with the secretary of the senate a bond, with sureties, running to the contestee and conditioned to pay all costs in case of failure to maintain the contest. The secretary of the senate shall determine the sufficiency of the bond, and, if it is sufficient, approve it.
(2)
Upon the notice of intention being filed, and the bond being approved by the secretary of the senate, the general assembly shall determine by resolution on what day they will meet in joint session to take action in the contest.
(3)
A certified copy of the notice filed by any contestor shall be served upon the contestee, together with a notice that the contestee is required to attend the joint session on the day fixed to answer the contest.
L. 92: Entire article R&RE, p. 786, § 14, effective 1/1/1993.
This section is similar to former § 1-11-203 as it existed prior to 1992.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 11 - CERTIFICATES OF ELECTION AND ELECTION CONTESTS (§§ 1-11-101 — 1-11-311) › Part 2 - ELECTION CONTESTS (§§ 1-11-201 — 1-11-218) › Section 1-11-206 - Evidence in contests for state officers

On the hearing of any election contest for any of the offices named in section
1-11-205
, the parties to the contest may introduce written testimony, taken in a manner prescribed by the joint session. No depositions shall be read in the hearing unless the opposite party had reasonable notice of the time and place of the taking of the deposition.
L. 92: Entire article R&RE, p. 787, § 14, effective 1/1/1993.
This section is similar to former § 1-11-204 as it existed prior to 1992.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 11 - CERTIFICATES OF ELECTION AND ELECTION CONTESTS (§§ 1-11-101 — 1-11-311) › Part 2 - ELECTION CONTESTS (§§ 1-11-201 — 1-11-218) › Section 1-11-207 - Rules for conducting contests for state officers

(1)
In conducting any election contest for any of the offices named in section
1-11-205
, the following rules apply:
(a)
On the appointed day and hour, the general assembly, with its proper officers, shall convene in joint session.
(b)
The president of the senate shall preside; but, when the president is the contestee, the president pro tempore of the senate shall preside.
(c)
The parties to the contest shall then be called by the secretary of the senate. If they answer, their appearance shall be recorded.
(d)
The testimony of the contestor shall be introduced first, followed by the testimony of the contestee. After the testimony has been presented on both sides, the contestor or contestor's counsel may open the argument, and the contestee or counsel may then proceed to make a defense, and the contestor may be heard in reply.
(e)
After the arguments by the parties are completed, any member of the joint session may offer the reasons for the member's intended vote. The session may limit the time for argument and debate.
(f)
The secretary of the senate shall keep a regular journal of the proceedings. The decision shall be taken by a call of the members, and a majority of all the votes given shall prevail.
L. 92: Entire article R&RE, p. 787, § 14, effective 1/1/1993.
This section is similar to former § 1-11-205 as it existed prior to 1992.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 11 - CERTIFICATES OF ELECTION AND ELECTION CONTESTS (§§ 1-11-101 — 1-11-311) › Part 2 - ELECTION CONTESTS (§§ 1-11-201 — 1-11-218) › Section 1-11-208 - Contests for state senator or representative

(1)
The election of any person as a state senator or a member of the state house of representatives may be contested by any eligible elector of the district to be represented by the senator or representative. Each house of the general assembly shall hear and determine election contests of its own members. In furtherance of resolving such a contest, the house of the general assembly before which any contest is to be tried shall certify questions pursuant to section
1-11-208.5
to the office of administrative courts for referral to an administrative law judge.
(2)
The contestor, within ten days after the completion of the official abstract of votes cast, shall file in the office of the secretary of state a verified statement of intention to contest the election, setting forth the name of the contestor, that the contestor is an eligible elector of the district, the name of the contestee, the office being contested, the time of the election, and the particular grounds for the contest, and shall serve a copy upon the contestee. The contestor shall file with the secretary of state fifteen thousand dollars to be placed in escrow running to the contestee and conditioned to pay all costs in case of failure to maintain the contest.
(3)
The contestee, within ten days after personal service of the statement, shall file in the office of the secretary of state an answer, duly verified, admitting or specifically denying each allegation and containing any new matter or counterstatement which the contestee believes may entitle him or her to retain the seat in the general assembly to which elected. The contestee shall serve a copy upon the contestor.
(4)
When the answer of the contestee contains new matter constituting a counterstatement, the contestor, within ten days after the service of the answer, shall file in the office of the secretary of state a reply admitting or specifically denying under oath each allegation contained in the counterstatement, and shall serve a copy upon the contestee.
Amended by 2021 Ch. 282, § 51, eff. 6/21/2021.
L. 92: Entire article R&RE, p. 788, § 14, effective 1/1/1993. L. 99: (1) amended, p. 1384, § 2, effective June 4; (2) amended, p. 491, § 20, effective July 1. L. 2005: (1) amended, p. 852, § 5, effective June 1.
(1) This section is similar to former § 1-11-206 as it existed prior to 1992.
(2) Section 85 of chapter 282 (SB 21-250), Session Laws of Colorado 2021, provides that the act changing this section applies to elections conducted on or after June 21, 2021.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 11 - CERTIFICATES OF ELECTION AND ELECTION CONTESTS (§§ 1-11-101 — 1-11-311) › Part 2 - ELECTION CONTESTS (§§ 1-11-201 — 1-11-218) › Section 1-11-210 - Secretary of state to transmit papers in contests for state senator or representative

The secretary of state shall deliver the sealed envelope containing depositions, notices, and proofs of service, together with the statement of contestor, answer of contestee, and reply, to the presiding officer of the body in which the contest for senator or representative is to be tried, immediately upon the organization of the body or as soon thereafter as documents are received. The presiding officer, immediately upon receiving the documents, shall give notice to the body that the papers are in the officer's possession.
L. 92: Entire article R&RE, p. 790, § 14, effective 1/1/1993.
This section is similar to former § 1-11-208 as it existed prior to 1992.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 11 - CERTIFICATES OF ELECTION AND ELECTION CONTESTS (§§ 1-11-101 — 1-11-311) › Part 2 - ELECTION CONTESTS (§§ 1-11-201 — 1-11-218) › Section 1-11-211 - Contests for district attorneys

The district court of the judicial district in which the contest for the office of district attorney arises has jurisdiction for the adjudication of contests for the office of district attorney. No district judge who is a contestor in any election contest shall be permitted to hear and determine the matter. In that case, the supreme court shall appoint a district judge to hear and decide the contest.
L. 92: Entire article R&RE, p. 790, § 14, effective 1/1/1993.
This section is similar to former § 1-11-209 as it existed prior to 1992.
For venue, see C.R.C.P. 98 and Crim. P. 18; for contested elections, see C.R.C.P. 100.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 11 - CERTIFICATES OF ELECTION AND ELECTION CONTESTS (§§ 1-11-101 — 1-11-311) › Part 2 - ELECTION CONTESTS (§§ 1-11-201 — 1-11-218) › Section 1-11-212 - Contests for county and nonpartisan officers - ballot issues and ballot questions

Contested election cases of county and nonpartisan officers and ballot issues and ballot questions shall be tried and decided by the district court for the county in which the contest arises. If a political subdivision is located in more than one county, the district court of either county may take jurisdiction.
L. 92: Entire article R&RE, p. 790, § 14, effective 1/1/1993. L. 94: Entire section amended, p. 1177, § 65, effective July 1.
This section is similar to former § 1-11-201 (1) as it existed prior to 1992.
For contested elections, see C.R.C.P. 100.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 11 - CERTIFICATES OF ELECTION AND ELECTION CONTESTS (§§ 1-11-101 — 1-11-311) › Part 2 - ELECTION CONTESTS (§§ 1-11-201 — 1-11-218) › Section 1-11-212.5 - Contests concerning bond elections

Except as otherwise provided in this part 2, the result of an election on a ballot issue seeking approval to create any debt or other financial obligation may be contested based on the grounds set forth in section
1-11-201(4)
in the manner provided by this part 2 for contesting the result of any other election.
L. 2003: Entire section added, p. 749, § 3, effective August 6.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 11 - CERTIFICATES OF ELECTION AND ELECTION CONTESTS (§§ 1-11-101 — 1-11-311) › Part 2 - ELECTION CONTESTS (§§ 1-11-201 — 1-11-218) › Section 1-11-214 - Trial and appeals in contests for county and nonpartisan elections

(1)
Immediately after the issue is joined, the district judge shall set the date for trial, which shall be not more than twenty days nor less than ten days after the issue was joined. The trial shall take precedence over all other business of the court. Any depositions to be used in the trial may be taken upon four days' notice before any officer authorized to take depositions. The testimony at trial may be made orally or by depositions. The district judge shall cause the testimony to be taken in full and filed in the cause. The trial shall be conducted according to district court rules and practice.
(2)
An appeal from the judgment may be taken to the supreme court, in the same manner as other cases tried in the district court. The appeal shall be filed, the bill of exceptions settled, the bond for costs executed and filed, and the record transmitted to the clerk of the supreme court within twenty days from the date the judgment is entered. The supreme court shall advance the case to the head of the calendar and shall hear and determine the matter with all reasonable dispatch.
L. 92: Entire article R&RE, p. 792, § 14, effective 1/1/1993.
This section is similar to former § 1-11-211 as it existed prior to 1992.
For depositions, see C.R.C.P. 26 to 37; for trial of contested elections, see C.R.C.P. 100.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 11 - CERTIFICATES OF ELECTION AND ELECTION CONTESTS (§§ 1-11-101 — 1-11-311) › Part 2 - ELECTION CONTESTS (§§ 1-11-201 — 1-11-218) › Section 1-11-215 - Recount in contests for county and nonpartisan elections

If, at trial of any election contest as provided in section
1-11-214
and this section, the statement or counterstatement alleges an error in the abstract of votes cast sufficient to change the result, the district judge has the power to order a recount of the ballots cast or the votes tabulated in the precincts in which the alleged error was made. The court may also require the production before it of witnesses, documents, records, and other evidence as may have or contain information regarding the legality of any vote cast or counted for either of the contesting candidates or a ballot issue or ballot question, or concerning the correct number of votes cast for a candidate or a ballot issue or ballot question. The court may order the returns corrected in accordance with the evidence presented and the court's findings.
L. 92: Entire article R&RE, p. 792, § 14, effective 1/1/1993. L. 94: Entire section amended, p. 1178, § 67, effective July 1. L. 99: Entire section amended, p. 491, § 21, effective July 1.
This section is similar to former § 1-11-212 as it existed prior to 1992.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 11 - CERTIFICATES OF ELECTION AND ELECTION CONTESTS (§§ 1-11-101 — 1-11-311) › Part 2 - ELECTION CONTESTS (§§ 1-11-201 — 1-11-218) › Section 1-11-216 - Judgment in contests for county and nonpartisan elections

The district court shall pronounce judgment on whether the contestee or any other person was legally elected to the contested office or on whether the ballot issue or ballot question was enacted. The court's judgment declaring a person elected entitles that person to take office when the term of office begins, upon proper qualification. If the judgment is against a contestee who has received a certificate, the judgment annuls the certificate. If the court finds that no person was legally elected, the judgment shall set aside the election and declare a vacancy in the office contested.
L. 92: Entire article R&RE, p. 792, § 14, effective 1/1/1993. L. 94: Entire section amended, p. 1178, § 68, effective July 1.
This section is similar to former § 1-11-213 as it existed prior to 1992.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 11 - CERTIFICATES OF ELECTION AND ELECTION CONTESTS (§§ 1-11-101 — 1-11-311) › Part 2 - ELECTION CONTESTS (§§ 1-11-201 — 1-11-218) › Section 1-11-216.5 - Judgment in election contests - creation of financial obligation

The district court shall pronounce judgment on whether the approval of a ballot issue to create any debt or other financial obligation should be set aside based on the grounds set forth in section
1-11-201(4)
.
L. 2003: Entire section added, p. 749, § 3, effective August 6.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 11 - CERTIFICATES OF ELECTION AND ELECTION CONTESTS (§§ 1-11-101 — 1-11-311) › Part 2 - ELECTION CONTESTS (§§ 1-11-201 — 1-11-218) › Section 1-11-217 - Costs of election contest

(1)
A judgment against the contestor pursuant to the provisions of sections
1-11-211
and
1-11-212
, concerning election of a candidate or determination of a ballot question, shall provide that the contestor is liable for all fees incurred in the contested election by all contestees, including reasonable costs and attorney fees.
(2)
A judgment against the contestor pursuant to the provisions of sections
1-11-211
and
1-11-212
, concerning the determination of a ballot issue, or pursuant to section
1-11-212.5
, concerning the determination of a ballot issue that includes approval of the creation of any debt or other financial obligation, shall provide that the contestor is liable for all fees incurred in the contested election by all contestees, including reasonable costs and attorneys fees, but a judgment for costs and fees shall be awarded in favor of the state or a political subdivision only if the suit is ruled frivolous, as provided in article
17
of title
13
, C.R.S.
L. 92: Entire article R&RE, p. 793, § 14, effective 1/1/1993. L. 94: Entire section amended, p. 1178, § 69, effective July 1. L. 2003: (2) amended, p. 750, § 4, effective August 6.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 11 - CERTIFICATES OF ELECTION AND ELECTION CONTESTS (§§ 1-11-101 — 1-11-311) › Part 2 - ELECTION CONTESTS (§§ 1-11-201 — 1-11-218) › Section 1-11-218 - Violations by the governing body

(1)
If the results of any county or nonpartisan election are disallowed as the result of a proceeding held pursuant to sections
1-11-211
and
1-11-212
, the elector who instituted the proceedings may commence a civil action to recover costs and reasonable attorney fees from the governing body.
(2)
If the result of any election approving the creation of any debt or other financial obligation is set aside as the result of a proceeding held pursuant to this part 2, the elector who instituted the proceeding may commence a civil action to recover costs and reasonable attorney fees from the governing body.
L. 92: Entire article R&RE, p. 793, § 14, effective 1/1/1993. L. 94: Entire section amended, p. 1179, § 70, effective July 1. L. 2003: Entire section amended, p. 750, § 5, effective August 6.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 11 - CERTIFICATES OF ELECTION AND ELECTION CONTESTS (§§ 1-11-101 — 1-11-311) › Part 3 - SPECIAL LEGISLATIVE ELECTION PROCEDURE - MEMBERS OF THE GENERAL ASSEMBLY (§§ 1-11-301 — 1-11-311) › Section 1-11-301 - Legislative declaration

(1)
The general assembly hereby finds and declares that:
(a)
Section 10 of article V of the Colorado constitution provides that each house of the general assembly shall judge the election and qualification of its members;
(b)
Section 11 of article VII of the Colorado constitution authorizes the general assembly to pass laws to secure the purity of elections;
(c)
In furtherance of these constitutional provisions and the plenary power of the general assembly, the general assembly may enact laws to enable a house of the general assembly to call a special legislative election in the event such house is unable to declare a person duly elected in a district as a member of the state senate or the state house of representatives because an accurate and verifiable vote count showing that the person has the highest number of votes cast in such district cannot be obtained from the general election returns.
L. 99: Entire part added, p. 1386, § 4, effective June 4.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 11 - CERTIFICATES OF ELECTION AND ELECTION CONTESTS (§§ 1-11-101 — 1-11-311) › Part 3 - SPECIAL LEGISLATIVE ELECTION PROCEDURE - MEMBERS OF THE GENERAL ASSEMBLY (§§ 1-11-301 — 1-11-311) › Section 1-11-302 - Causes of special legislative election

(1)
The state senate or the state house of representatives, acting by resolution, may call a special legislative election for a state senate or house of representatives district following any general election pursuant to this part 3 if:
(a)
The election of any person as a member of the state senate or the state house of representatives is contested pursuant to section
1-11-208
; and
(b)
A committee on credentials, a committee of reference, or an administrative law judge pursuant to section
1-11-208.5
recommends a special legislative election.
(2)
Such resolution shall direct the secretary of state to give notice to the county clerk and recorder of each county in which such district is located to call a special legislative election for the entire district pursuant to section
1-11-303
. Such resolution shall further specify that the candidates at such election shall, subject to the withdrawal of a candidate pursuant to section
1-11-306
, be the same as the candidates on the ballot in such district for the state senate or the state house of representatives seat at the preceding general election from which the election contest arises.
Amended by 2016 Ch. 173,§ 63, eff. 5/18/2016.
L. 99: Entire part added, p. 1387, § 4, effective June 4. L. 2016: IP(1) amended, (SB 16-142), ch. 173, p. 587, § 63, effective May 18.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 11 - CERTIFICATES OF ELECTION AND ELECTION CONTESTS (§§ 1-11-101 — 1-11-311) › Part 3 - SPECIAL LEGISLATIVE ELECTION PROCEDURE - MEMBERS OF THE GENERAL ASSEMBLY (§§ 1-11-301 — 1-11-311) › Section 1-11-303 - Call for special legislative election

(1)
Within three days after receipt of a resolution calling for a special legislative election pursuant to section
1-11-302
, the secretary of state shall make and deliver or transmit to the county clerk and recorder of each county in which the district for the contested state senate or house of representatives seat is located a written notice calling a special legislative election in said district. The secretary of state shall further specify the name and party of each candidate and the district number of the contested state senate or house of representatives seat. Except as otherwise provided in section
1-11-306
, candidates shall be the same as the candidates on the ballot in such district for the state senate or house of representatives at the preceding general election from which the contest was filed pursuant to section
1-11-208
.
(2)
A special legislative election called pursuant to this section shall be held in the entire district for the contested state senate or state house of representatives seat and no precinct or precincts in the district may be excluded from such election.
L. 99: Entire part added, p. 1387, § 4, effective June 4.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 11 - CERTIFICATES OF ELECTION AND ELECTION CONTESTS (§§ 1-11-101 — 1-11-311) › Part 3 - SPECIAL LEGISLATIVE ELECTION PROCEDURE - MEMBERS OF THE GENERAL ASSEMBLY (§§ 1-11-301 — 1-11-311) › Section 1-11-304 - Date of election

Within three days after receipt of the secretary of state's notice pursuant to section
1-11-303
, the county clerk and recorder or coordinated election official shall set a date for the special legislative election that is not less than forty-five days nor more than sixty days from the date of such receipt.
L. 99: Entire part added, p. 1387, § 4, effective June 4.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 11 - CERTIFICATES OF ELECTION AND ELECTION CONTESTS (§§ 1-11-101 — 1-11-311) › Part 3 - SPECIAL LEGISLATIVE ELECTION PROCEDURE - MEMBERS OF THE GENERAL ASSEMBLY (§§ 1-11-301 — 1-11-311) › Section 1-11-305 - Notice of special legislative election

The county clerk and recorder shall give notice of the special legislative election pursuant to section
1-5-205
.
Amended by 2016 Ch. 173,§ 64, eff. 5/18/2016.
L. 99: Entire part added, p. 1388, § 4, effective June 4. L. 2016: Entire section amended, (SB 16-142), ch. 173, p. 587, § 64, effective May 18.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 11 - CERTIFICATES OF ELECTION AND ELECTION CONTESTS (§§ 1-11-101 — 1-11-311) › Part 3 - SPECIAL LEGISLATIVE ELECTION PROCEDURE - MEMBERS OF THE GENERAL ASSEMBLY (§§ 1-11-301 — 1-11-311) › Section 1-11-306 - Withdrawal from special legislative election

A candidate on the ballot at the special legislative election may withdraw his or her candidacy at any time after the notice of special legislative election given under section
1-11-305
. The special legislative election shall be called and held notwithstanding such withdrawal; except that, if, at the close of business on the tenth day before such election, there is not more than one candidate on the ballot by reason of such withdrawal, the designated election official shall cancel the election and declare the candidate elected. Notice of such cancellation shall be made as provided in section
1-5-208(6)
.
L. 99: Entire part added, p. 1388, § 4, effective June 4.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 11 - CERTIFICATES OF ELECTION AND ELECTION CONTESTS (§§ 1-11-101 — 1-11-311) › Part 3 - SPECIAL LEGISLATIVE ELECTION PROCEDURE - MEMBERS OF THE GENERAL ASSEMBLY (§§ 1-11-301 — 1-11-311) › Section 1-11-307 - Conduct of special legislative election

The special legislative election shall be conducted according to the provisions of articles
1
to 13 of this title.
L. 99: Entire part added, p.
13
88, § 4, effective June 4.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 11 - CERTIFICATES OF ELECTION AND ELECTION CONTESTS (§§ 1-11-101 — 1-11-311) › Part 3 - SPECIAL LEGISLATIVE ELECTION PROCEDURE - MEMBERS OF THE GENERAL ASSEMBLY (§§ 1-11-301 — 1-11-311) › Section 1-11-308 - [Repealed]

Repealed by 2013 Ch. 185,§138, eff. 5/10/2013.
L. 99: Entire part added, p. 1388, § 4, effective June 4. L. 2007: Entire section amended, p. 1796, § 63, effective June 1. L. 2013: Entire section repealed, (HB 13-1303), ch. 185, p. 752, § 138, effective May 10.
In 2013, this section was repealed by the "Voter Access and Modernized Elections Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 11 - CERTIFICATES OF ELECTION AND ELECTION CONTESTS (§§ 1-11-101 — 1-11-311) › Part 3 - SPECIAL LEGISLATIVE ELECTION PROCEDURE - MEMBERS OF THE GENERAL ASSEMBLY (§§ 1-11-301 — 1-11-311) › Section 1-11-309 - [Repealed]

Repealed by 2013 Ch. 185,§138, eff. 5/10/2013.
L. 99: Entire part added, p. 1388, § 4, effective June 4. L. 2013: Entire section repealed, (HB 13-1303), ch. 185, p. 752, § 138, effective May 10.
In 2013, this section was repealed by the "Voter Access and Modernized Elections Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 11 - CERTIFICATES OF ELECTION AND ELECTION CONTESTS (§§ 1-11-101 — 1-11-311) › Part 3 - SPECIAL LEGISLATIVE ELECTION PROCEDURE - MEMBERS OF THE GENERAL ASSEMBLY (§§ 1-11-301 — 1-11-311) › Section 1-11-310 - Survey of returns

(1)
The board of canvassers for a special legislative election shall be organized as provided in section
1-10-101
.
(2)
The county clerk and recorder shall contact the secretary of state on election night with the unofficial count.
(3)
The board of canvassers for a special legislative election shall commence a survey of the returns on the day following such election.
(4)
The certified survey of returns shall be sent by certified mail or hand delivered to the secretary of state no later than the close of business on the fifth day after the special legislative election.
(5)
Upon receipt of the certified survey of returns, the secretary of state shall issue a certificate of election to the candidate who received the highest number of votes and shall transmit a copy of the certificate to the appropriate house of the general assembly.
L. 99: Entire part added, p. 1388, § 4, effective June 4.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 11 - CERTIFICATES OF ELECTION AND ELECTION CONTESTS (§§ 1-11-101 — 1-11-311) › Part 3 - SPECIAL LEGISLATIVE ELECTION PROCEDURE - MEMBERS OF THE GENERAL ASSEMBLY (§§ 1-11-301 — 1-11-311) › Section 1-11-311 - Special legislative elections subject to "Fair Campaign Practices Act"

Special legislative elections conducted in accordance with this part 3 are subject to the appropriate sections of article
45
of this title.
L. 99: Entire part added, p. 1389, § 4, effective June 4.