1-1-106. Computation of time
(1) Calendar days shall be used in all computations of time made under the provisions of this code.
(2) In computing any period of days prescribed by this code, the day of the act or event from which the designated period of days begins to run shall not be included and the last day shall be included. Saturdays, Sundays, and legal holidays shall be included, except as provided in subsection (4) of this section.
(3) If a number of months is to be computed by counting the months from a particular day, the period shall end on the same numerical day in the concluding month as the day of the month from which the computation is begun; except that, if there are not that many days in the concluding month, the counting period shall end on the last day of the concluding month.
(4) If the last day for any act to be done or the last day of any period is a Saturday, Sunday, or legal holiday and completion of such act involves a filing or other action during business hours, the period is extended to include the next day which is not a Saturday, Sunday, or legal holiday.
(5) If the state constitution or a state statute requires doing an act in “not less than” or “no later than” or “at least” a certain number of days or “prior to” a certain number of days or a certain number of months “before” the date of an election, or any phrase that suggests a similar meaning, the period is shortened to and ends on the prior business day that is not a Saturday, Sunday, or legal holiday, except as provided in section 1-2-201 (3).
Source: L. 92: Entire article R&RE, p. 631, § 1, effective January 1, 1993.L. 93: (5) amended, p. 1395, § 3, effective July 1.L. 95: (2) and (5) amended, p. 820, § 2, effective July 1.L. 96: (5) amended, p. 1773, § 76, effective July 1.L. 99: (4) and (5) amended, p. 756, § 2, effective May 20.
Editor’s note: This section is similar to former § 1-1-105 as it existed prior to 1992.
Cross references: For computation of time under the statutes generally, see § 2-4-108.
This section shall be used in all computations of time made under the provisions of the elections statutes which relate to general, primary, and special (now congressional vacancy) elections. Ray v. Mickelson, 196 Colo. 325, 584 P.2d 1215 (1978) (decided under former law).
1. Definition for State
A state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. C.R.S. § 1-8.3-102.
2. Definition for Election
Any election under the “Uniform Election Code of 1992” or the “Colorado Municipal Election Code of 1965”, article 10 of title 31, C.R.S. C.R.S. § 1-7.5-103.
Case Name: Ray v. Mickelson
Citation: 584 P.2d 1215, 196 Colo. 325 (1978)
Case Summary: Holding that a candidate could not represent a political party if not a member of the party for at least 12 months immediately preceding the election. Not important that county assembly mistakenly designated candidate as the primary nominee, party voters properly nominated the candidate, and the contestor improperly filed the complaint. Lastly, the trial court acted within its discretion to permit the contestor to supply additional evidence demonstrating a right to bring the contest.