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Colorado > Colorado Electoral Code > Certificates of Election And Election Contests

1-11-205. Contests for state officers

Overview of Statute

Individuals planning to challenge the election of the governor, lieutenant governor, secretary of state, state treasurer, attorney general, member of the state board of education, or regent of the university of Colorado must first file a notice of intention to contest, including the grounds for the challenge, with the secretary of the senate between the sixth and tenth legislative days of the first session of the general assembly after election day. In addition, the contestor must file a bond, with sureties, to the secretary of senate, determined as sufficient by the secretary and payable to the contestee if the contest fails. The General Assembly will determine by resolution the day they will meet to answer any appropriately filed contest. The contestor will also be required to attend this joint session to answer the contest.

Statute

(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.

 

 

Source: L. 92: Entire article R&RE, p. 786, § 14, effective January 1, 1993.

 

Editor’s note: This section is similar to former § 1-11-203 as it existed prior to 1992.
 
ANNOTATION

Annotator’s note. The following annotations include a case decided under former provisions similar to this section.

Resolution that no person was elected may not be adopted. In a contest before the general assembly, the general assembly has no legal authority to adopt a resolution declaring that no person was elected and that a vacancy exists in the office. In re Senate Resolution No. 10, 33 Colo. 307, 79 P. 1009 (1905).

The provision for contesting the election of state officers does not contemplate giving any authority to the general assembly to decide anything more than the issues between the contestor and contestee and render judgment accordingly. In re Senate Resolution No. 10, 33 Colo. 307, 79 P. 1009 (1905).
Definition [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.

Definition [Person]

Any natural person, partnership, committee, association, corporation, labor organization, political party, or other organization or group of persons. Section 2(11) of article XXVIII of the state constitution.

Definition [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.

Definition [Secretary]

The Colorado secretary of state. C.R.S. § 1-1.5-102.

Cases

Colorado Cases

Out-of-State Cases

Case State: colorado

Case Name: In re Senate Resolution No. 10

Citation: 33 Colo. 307, 79 P. 1009 (1905)

Year: 1905

Case PDF: In re Senate Resolution No. 10

Case Summary: Court held that General Assembly may not adopt a report concerning potentially illegal votes cast in a challenge to the results of a gubernatorial election. Accordingly, the General Assembly may not declare a vacancy in office for the disputed election.

Federal Cases