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Colorado Statutes § 1-11-201 Causes of contest

⤴ Up to Article 11: Certificates of Election and Election Contests

Statute Text

(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.

History

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.

Editor's Note

This section is similar to former § 1-11-201 as it existed prior to 1992.

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Prior Versions of This Statute