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Colorado > Colorado Electoral Code > Election Offenses

1-13-110. Wagers with electors

Statute

It is unlawful for any person, including any candidate for election to public office, before or during any election provided by law, to make any bet or wager with an elector, or take a share or interest in, or in any manner become a party to, any such bet or wager, or provide or agree to provide any money to be used by another in making such bet or wager upon any event or contingency arising out of such election. Each such offense is a misdemeanor, and, upon conviction thereof, the offender shall be punished as provided in section 1-13-111.

 

 

Source: L. 80: Entire article R&RE, p. 430, § 1, effective January 1, 1981.

Editor’s note: This section is similar to former § § 1-13-126 and 1-30-104 as they existed prior to 1980.
 
ANNOTATION

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

The prohibition of wagers with electors is penal in nature. Bd. of Trustees v. People ex rel. Keith, 13 Colo. App. 553, 59 P. 72 (1899).

But it does not make a forfeiture of office a part of the punishment. Bd. of Trustees v. People ex rel. Keith, 13 Colo. App. 553, 59 P. 72 (1899).

Even if the offense were sufficient to justify a removal from office, a board of trustees could not remove the mayor of a town on such charge till he had been tried and convicted in a court of competent jurisdiction. Bd. of Trustees v. People ex rel. Keith, 13 Colo. App. 553, 59 P. 72 (1899).
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 [Candidate]

Any person who seeks nomination or election to any state or local public office that is to be voted on in this state at any primary election, general election, school district election, special district election, or municipal election. “Candidate” also includes a judge or justice of any court of record who seeks to be retained in office pursuant to the provisions of section 25 of article VI. A person is a candidate for election if the person has publicly announced an intention to seek election to public office or retention of a judicial office and thereafter has received a contribution or made an expenditure in support of the candidacy. A person remains a candidate for purposes of this article so long as the candidate maintains a registered candidate committee. A person who maintains a candidate committee after an election cycle, but who has not publicly announced an intention to seek election to public office in the next or any subsequent election cycle, is a candidate for purposes of this article. Section 2(2) of article XXVIII of the state constitution.

Cases

colorado Cases

Case Name: Bd. of Trustees v. People ex rel. Keith

Citation: 59 P. 72 (Colo. App. 1899)

Year: 1899

Case Summary: Affirming judgment of district court who removed mayor from office for official misconduct. Mayor contended that he was unlawfully ousted by the board.

Out-of-State Cases

Federal Cases