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

1-11-218. Violations by the governing body

Overview of Statute

Contestors who successfully challenge either the results of any county or nonpartisan election, as described in C.R.S. § 1-11-211 or C.R.S. § 1-11-212, or ballot issues that approve the creation of any debt or other financial obligation, according to C.R.S. § 1-11-212.5, may commence a civil action to recover costs and reasonable attorney fees from the governing body.

Statute

(1) If the results of any county or nonpartisan election are disallowed as the result of a proceeding held pursuant to sections 1-11-211 and 1-11-212, the elector who instituted the proceedings may commence a civil action to recover costs and reasonable attorney fees from the governing body.

(2) If the result of any election approving the creation of any debt or other financial obligation is set aside as the result of a proceeding held pursuant to this part 2, the elector who instituted the proceeding may commence a civil action to recover costs and reasonable attorney fees from the governing body.

 

 

Source: L. 92: Entire article R&RE, p. 793, § 14, effective January 1, 1993.L. 94: Entire section amended, p. 1179, § 70, effective July 1.L. 2003: Entire section amended, p. 750, § 5, effective August 6.

Definition [Section]

A bound compilation of initiative forms approved by the secretary of state, which shall include pages that contain the warning required by section 1-40-110 (1), the ballot title, the abstract required by section 1-40-110 (3), and a copy of the proposed measure; succeeding pages that contain the warning, the ballot title, and ruled lines numbered consecutively for registered electors’ signatures; and a final page that contains the affidavit required by section 1-40-111 (2). Each section shall be consecutively prenumbered by the petitioner prior to circulation.

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.