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Colorado Revised Statutes

Colo. Rev. Stat. § 1-1-112 (2024)

Powers and duties of election commission

✓ C.R.S. 2024: the 2025 and 2026 sessions are not included
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(Repealed) Source: L. 92: Entire article R&RE, p. 635, § 1, effective January 1, 1993. L. 2016: Entire section repealed, (SB 16-142), ch. 173, p. 593, § 82, effective May 18.

Editor's note: This section is similar to former § 1-1-110 as it existed prior to 1992. 1-1-113. Neglect of duty and wrongful acts - procedures for adjudication of controversies - review by supreme court. (1) When any controversy arises between any official charged with any duty or function under this code and any candidate, or any officers or representatives of a political party, or any persons who have made nominations or when any eligible elector files a verified petition in a district court of competent jurisdiction alleging that a person charged with a duty under this code has committed or is about to commit a breach or neglect of duty or other wrongful act, after notice to the official which includes an opportunity to be heard, upon a finding of good cause, the district court shall issue an order requiring substantial compliance with the provisions of this code. The order shall require the person charged to forthwith perform the duty or to desist from the wrongful act or to forthwith show cause why the order should not be obeyed. The burden of proof is on the petitioner.

(2) Repealed.

(3) The proceedings may be reviewed and finally adjudicated by the supreme court of this state, if either party makes application to the supreme court within three days after the district court proceedings are terminated, unless the supreme court, in its discretion, declines jurisdiction of the case. If the supreme court declines to review the proceedings, the decision of the district court shall be final and not subject to further appellate review.

(4) Except as otherwise provided in this part 1, the procedure specified in this section shall be the exclusive method for the adjudication of controversies arising from a breach or neglect of duty or other wrongful act that occurs prior to the day of an election.

(5) Notwithstanding any other provision of law, the procedures specified in section 1- 1.5-105 shall constitute the exclusive administrative remedy for a complaint arising under Title III of the federal "Help America Vote Act of 2002", Pub.L. 107-252.

Source: L. 92: Entire article R&RE, p. 635, § 1, effective January 1, 1993. L. 93: (1) amended, p. 1396, § 8, effective July 1. L. 94: (2) amended and (4) added, p. 1151, § 4, effective July 1. L. 2003: (5) added, p. 2065, § 6, effective May 22. L. 2007: (3) amended, p. 1968, § 3, effective August 3. L. 2010: (2) repealed, (HB 10-1291), ch. 325, p. 1506, § 2, effective July 1.

Editor's note: This section is similar to former § 1-1-111 as it existed prior to 1992.

Cross references: (1) For violation of duty and penalty therefor, see § 1-13-107.

(2) For the "Help America Vote Act of 2002", see Pub.L. 107-252, codified at 42 U.S.C. sec. 15301 et seq.

Notes of Decisions
Cited in 5 cases, 1984–1993 · leading case: Meyer v. Lamm, 846 P.2d 862 (Colo. 1993).
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Meyer v. Lamm, 846 P.2d 862 (Colo. 1993). · cites it 12× “First, the court concluded that it could exercise subject matter jurisdiction over the controversy under section 1-1-112, as well as under the court's inherent power to decide statutory and constitutional issues, notwithstanding article V, section 10.”
Colorado Libertarian Party v. Sec'y of State, 817 P.2d 998 (Colo. 1991). · cites it 8× “On September 4, 1990, the CLP and Heid filed a verified petition in district court pursuant to section 1-1-112, 1B C.R.S. (1980), [4] requesting the court to enjoin the Secretary of State from enforcing section 1-4-801(1)(i) against the CLP and Heid, to declare section…”
Romero v. Sandoval, 685 P.2d 772 (Colo. 1984). · cites it 2× “We granted review under section 1-1-112(2), IB C.R.S. (1980) of a Denver District Court judgment upholding the secretary of state’s refusal to certify the petitioner, Edward 0.”
Nat'l Prohibition Party v. State, 752 P.2d 80 (Colo. 1988). · cites it 2× “We accepted jurisdiction pursuant to section 1-1-112(2), IB C.R.S. (1980). II.”
Thournir v. Meyer, 708 F. Supp. 1183 (D. Colo. 1989). · cites it 2× “The Colorado Secretary of State sued in state court, pursuant to Colo.Rev.Stat. § 1-1-112, to have the plaintiff declared ineligible as a candidate.”
Colo. Rev. Stat. § 1-1-112(1): 1 case
Colorado Libertarian Party v. Sec'y of State, 817 P.2d 998 (Colo. 1991). “On September 4, 1990, the CLP and Heid filed a verified petition in district court pursuant to section 1-1-112, 1B C.R.S. (1980), [4] requesting the court to enjoin the Secretary of State from enforcing section 1-4-801(1)(i) against the CLP and Heid, to declare section…”
Colo. Rev. Stat. § 1-1-112(2): 3 cases
Meyer v. Lamm, 846 P.2d 862 (Colo. 1993). “First, the court concluded that it could exercise subject matter jurisdiction over the controversy under section 1-1-112, as well as under the court's inherent power to decide statutory and constitutional issues, notwithstanding article V, section 10.”
Romero v. Sandoval, 685 P.2d 772 (Colo. 1984). “We granted review under section 1-1-112(2), IB C.R.S. (1980) of a Denver District Court judgment upholding the secretary of state’s refusal to certify the petitioner, Edward 0.”
Nat'l Prohibition Party v. State, 752 P.2d 80 (Colo. 1988). “We accepted jurisdiction pursuant to section 1-1-112(2), IB C.R.S. (1980). II.”
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