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

1-11-207. Rules for conducting contests for state officers

Overview of Statute

When contesting elections for state office, according to C.R.S. § 1-11-205, the president of the senate presiding, or the president pro tempore of the senate if the president is a contestee, will preside over a joint session convened to take action in the contest. The parties to the contest will be called by the secretary of senate, and if they appear will be called to testify. The contestor will testify first, then followed by the contestee, proceeded by contestor’s arguments and the contestee’s answer to these arguments. The contestor may also offer a reply to the constestee’s response. Following an opportunity for the members to give reason for their intended vote, the members will hold a majority vote to decide the outcome of the contest.

Statute

(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.

 

Source: L. 92: Entire article R&RE, p. 787, § 14, effective January 1, 1993.

Editor’s note: This section is similar to former § 1-11-205 as it existed prior to 1992.

 

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.