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Colorado Statutes § 1-4-501 Only eligible electors eligible for office

⤴ Up to Article 4: Elections - Access to Ballot by Candidates

Statute Text

(1) No person except an eligible elector who is at least eighteen years of age, unless another age is required by law, is eligible to hold any office in this state. No person is eligible to be a designee or candidate for office unless that person fully meets the qualifications of that office as stated in the constitution and statutes of this state on or before the date the term of that office begins. The designated election official shall not certify the name of any designee or candidate who fails to swear or affirm under oath that he or she will fully meet the qualifications of the office if elected; or who is unable to provide proof that he or she meets any requirements of the office relating to registration, residence, or property ownership; or who the designated election official determines is not qualified to hold the office that he or she seeks based on residency requirements. The information found on the person's voter registration record is admissible as prima facie evidence of compliance with this section.
(2) No person is eligible to be a candidate for more than one office at one time; except that this subsection (2) does not apply to memberships on different special district boards. This subsection (2) shall not prohibit a candidate or elected official of any political subdivision from being a candidate or member of the board of directors of any special district or districts in which he or she is an eligible elector, unless otherwise prohibited by law.
(3) The qualification of any candidate may be challenged by an eligible elector who lives in the district for which the candidate seeks office within five days after the designated election official's statement is issued that certifies the candidate to the ballot. The challenge shall be made by verified petition setting forth the facts alleged concerning the qualification of the candidate and shall be filed in the district court in the county in which the official who certified the candidate to the ballot is located. The hearing on the qualification of the candidate shall be held in not less than five nor more than ten days after the date the election official's statement is issued that certifies the candidate to the ballot. The court shall hear the testimony and other evidence and, within forty-eight hours after the close of the hearing, determine whether the candidate meets the qualifications for the office for which the candidate has declared. The provisions of section 13-17-101 regarding frivolous, groundless, or vexatious actions apply to this section.

History

Amended by 2023 Ch. 399 , § 10 , eff. 6/6/2023 .

Amended by 2017 Ch. 234 , § 1 , eff. 8/9/2017 .

L. 92: Entire part R&RE, p. 677, § 5, effective 1/1/1993 . L. 94: (2) amended, p. 1153, § 12, effective July 1. L. 95: Entire section amended, p. 829, § 27, effective July 1. L. 2017: (1) amended, (SB 17-209), ch. 234, p. 946, § 1, effective August 9.

Editor's Note

This section is similar to former § 1-4-501 as it existed prior to 1992.

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Prior Versions of This Statute