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Colorado > Colorado Electoral Code > Colorado Local Government Election Code

1-13.5-306. Objections to nominations

Statute

All self-nomination and acceptance forms or letters, petitions of nomination, and affidavits of intent to be a write-in candidate that are in apparent conformity, as determined by the designated election official, with section 1-13.5-302, 1-13.5-303, or 1-13.5-305, are valid unless objection thereto is duly made in writing within three days after the filing of the same. In case an objection is made, the designated election official shall mail forthwith notice of the objection to any candidate for the same office. The designated election official shall decide objections within forty-eight hours after the same are filed, and any objections upheld may be remedied or defect cured upon the original petition, by an amendment thereto, or by filing a new self-nomination and acceptance form or letter, petition of nomination, or affidavit of intent, as applicable, within three days after the objection is upheld, but in no event later than the fifty-eighth day before the day of election. The designated election official shall pass upon the validity of all objections, whether of form or substance, and the designated election official’s decisions upon matters of form are final. The designated election official’s decisions upon matters of substance are open to review if prompt application is made, as provided in section 1-13.5-1501, but the remedy in all cases shall be summary, and the decision of the district court is final and not subject to review by any other court; except that the supreme court, in the exercise of its discretion, may review any proceeding in a summary way.

Source: L. 2014: Entire article added, (HB 14-1164), ch. 2, p. 14, § 6, effective February 18.

Definition [Designated election official]

The secretary of state, a county clerk and recorder, or other election official as provided by article XXI of the state constitution. C.R.S. § 1-12-100.5.

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.