(1) The election of any candidate to any office may be contested on any of the following grounds:
(a) That the candidate elected is not eligible to hold the office for which elected;
(b) That illegal votes were received or legal votes rejected at the polls in sufficient numbers to change the result of the election;
(c) That an election judge or canvass board has made an error in counting or declaring the result of an election that changed the result of the election;
(d) That an election judge, canvass board, or member of a canvass board has committed malconduct, fraud, or corruption that changed the result of the election; or
(e) That, for any reason, another candidate was legally elected to the office.
(2) For the purpose of this part 2, if the election or nomination of either the governor or lieutenant governor is found to be invalid for any reason, the finding shall not in any way be construed to invalidate the election or nomination of the other joint candidate.
(3) The result of any election to determine a ballot issue or ballot question may be contested on any of the following grounds:
(a) That illegal votes were received or legal votes were rejected at the polls in sufficient numbers to change the result of the election;
(b) That an election judge or canvass board has made an error in counting or declaring the result of an election that changed the result of the election; or
(c) That an election judge, canvass board, or member of a canvass board has committed misconduct, fraud, or corruption that changed the result of the election.
(4) In addition to the grounds set forth in subsection (3) of this section, the result of any election to determine a ballot issue that includes approval of the creation of any debt or other financial obligation may be contested if the notice required by section 1-7-908 is not provided in accordance with that section or contains any material misstatement of the information required to be set forth in the notice.
Source: L. 92: Entire article R&RE, p. 785, § 14, effective January 1, 1993. L. 94: (3) added, p. 1175, § 62, effective July 1. L. 99: (1)(c), (1)(d), (3)(b), and (3)(c) amended, p. 490, § 19, effective July 1. L. 2003: (4) added, p. 749, § 2, effective August 6.
Editor's note: This section is similar to former § 1-11-201 as it existed prior to 1992.
Cross references: For contests for county and nonpartisan officers, ballot issues, and ballot questions, see § 1-11-212; for contested elections, see C.R.C.P. 100.
Notes of Decisions
Cited in
6
cases, 1987–2016 · leading case:
Hanlen v. Gessler, 2014 CO 24, 333 P.3d 41.
Hanlen v. Gessler, 2014 CO 24, 333 P.3d 41.
· cites it 19× “8 23 On December 83, 2013, Figueroa filed an election contest under section 1-11-201, C.R.S. (2013), in the district court for the City and County of Broomfield.”
Busse v. City of Golden, 73 P.3d 660 (Colo. 2003).
· cites it 9× “§ 1-11-201(3) provides: The result of any election to determine a ballot issue or ballot question may be contested on any of the following grounds: (a) That illegal votes were received or legal votes were rejected at the polls in sufficient numbers to change the result of the…”
Figueroa v. Speers, 2015 CO 12, 343 P.3d 967.
· cites it 21× “" 110 Figueroa brings his election contest under two subsections of section 1-11-201. He first alleges that "the candidate elected [meaning Speers] is not eligible to hold the office for which elected" under subsection (1)(a).”
People v. Onesimo Romero, 746 P.2d 534 (Colo. 1987).
· cites it 9× “The defendant further contends that "one of the grounds for an election contest is that the candidate `is not eligible to the office to which he has been declared elected' "(citing section 1-11-201(1)(a), 1B C.”
Meyer v. Lamm, 846 P.2d 862 (Colo. 1993).
· cites it 2× “Moreover, the statutes governing the procedures for "election contests" for state senator or representative are contained in sections 1-11-201, and -206 to -208, 1B C.”
Carson v. Reiner, 2016 CO 38.
· cites it 8× “¶10 With regard to the questions whether Speers was eligible to hold office and, if not, whether Figueroa, the other candidate on the ballot, was instead the one who was legally elected, Figueroa filed a separate election contest in the district court, pursuant to section…”
Colo. Rev. Stat. § 1-11-201(1): 1 case
Hanlen v. Gessler, 2014 CO 24, 333 P.3d 41.
“8 23 On December 83, 2013, Figueroa filed an election contest under section 1-11-201, C.R.S. (2013), in the district court for the City and County of Broomfield.”
Colo. Rev. Stat. § 1-11-201(1)(a): 4 cases
Hanlen v. Gessler, 2014 CO 24, 333 P.3d 41.
“8 23 On December 83, 2013, Figueroa filed an election contest under section 1-11-201, C.R.S. (2013), in the district court for the City and County of Broomfield.”
Figueroa v. Speers, 2015 CO 12, 343 P.3d 967.
“" 110 Figueroa brings his election contest under two subsections of section 1-11-201. He first alleges that "the candidate elected [meaning Speers] is not eligible to hold the office for which elected" under subsection (1)(a).”
People v. Onesimo Romero, 746 P.2d 534 (Colo. 1987).
“The defendant further contends that "one of the grounds for an election contest is that the candidate `is not eligible to the office to which he has been declared elected' "(citing section 1-11-201(1)(a), 1B C.”
Carson v. Reiner, 2016 CO 38.
“¶10 With regard to the questions whether Speers was eligible to hold office and, if not, whether Figueroa, the other candidate on the ballot, was instead the one who was legally elected, Figueroa filed a separate election contest in the district court, pursuant to section…”
Colo. Rev. Stat. § 1-11-201(1)(b): 1 case
Hanlen v. Gessler, 2014 CO 24, 333 P.3d 41.
“8 23 On December 83, 2013, Figueroa filed an election contest under section 1-11-201, C.R.S. (2013), in the district court for the City and County of Broomfield.”
Colo. Rev. Stat. § 1-11-201(1)(e): 2 cases
Figueroa v. Speers, 2015 CO 12, 343 P.3d 967.
“" 110 Figueroa brings his election contest under two subsections of section 1-11-201. He first alleges that "the candidate elected [meaning Speers] is not eligible to hold the office for which elected" under subsection (1)(a).”
Hanlen v. Gessler, 2014 CO 24, 333 P.3d 41.
“8 23 On December 83, 2013, Figueroa filed an election contest under section 1-11-201, C.R.S. (2013), in the district court for the City and County of Broomfield.”
Colo. Rev. Stat. § 1-11-201(3): 1 case
Busse v. City of Golden, 73 P.3d 660 (Colo. 2003).
“§ 1-11-201(3) provides: The result of any election to determine a ballot issue or ballot question may be contested on any of the following grounds: (a) That illegal votes were received or legal votes were rejected at the polls in sufficient numbers to change the result of the…”
Colo. Rev. Stat. § 1-11-201(8): 1 case
Busse v. City of Golden, 73 P.3d 660 (Colo. 2003).
“§ 1-11-201(3) provides: The result of any election to determine a ballot issue or ballot question may be contested on any of the following grounds: (a) That illegal votes were received or legal votes were rejected at the polls in sufficient numbers to change the result of the…”
Colo. Rev. Stat. § 1-11-201(l)(a): 1 case
People v. Onesimo Romero, 746 P.2d 534 (Colo. 1987).
“The defendant further contends that "one of the grounds for an election contest is that the candidate `is not eligible to the office to which he has been declared elected' "(citing section 1-11-201(1)(a), 1B C.”
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