At any hearing held under this article, the party
protesting the finding of the secretary of state concerning the sufficiency of signatures shall have
the burden of proof. Hearings shall be had as soon as is conveniently possible and shall be
concluded within thirty days after the commencement thereof, and the result of such hearings
shall be forthwith certified to the designated representatives of the signers and to the protestors
of the petition. The hearing shall be subject to the provisions of the Colorado rules of civil
procedure. Upon application, the decision of the court shall be reviewed by the Colorado
supreme court.
Source: L. 93: Entire article amended with relocations, p. 689, § 1, effective May 4. L.
95: Entire section amended, p. 436, § 14, effective May 8.
Editor's note: This section is similar to former § 1-40-109 (2)(a) as it existed prior to
1993, and the former § 1-40-119 was relocated to § 1-40-132 (1).
Notes of Decisions
McClellan v. Meyer, 900 P.2d 24 (Colo. 1995).
· cites it 8× “The appellants, the proponents of the initiative, appealed the district court's judgment directly to this court pursuant to section 1-40-119, 1B C.R.S. (1994 Supp.), and we accepted this appeal.”
Fabec v. Beck, 922 P.2d 330 (Colo. 1996).
· cites it 7× “We review the district court’s determinations on direct appeal pursuant to the jurisdictional authority set forth in section 1-40-119, IB C.R.S. (1995 Supp.), and now affirm in part and reverse in part.”
Buckley v. Chilcutt, 968 P.2d 112 (Colo. 1998).
· cites it 4× “Pursuant to section 1-40-119, 1 C.R.S. (1998), the Secretary of State Victoria Buckley (Secretary) brought this direct appeal from the judgment of the Denver District Court which ordered her to certify initiative 1997-98 #40, "Medical Use of Marijuana," for the 1998 general…”
Loonan v. Woodley, 882 P.2d 1380 (Colo. 1994).
· cites it 2× “Appellants appealed directly to this court under section 1-40-119, IB C.R.S. (1994 Supp.), and we accepted the appeal.”
Armstrong v. Davidson, 10 P.3d 1278 (Colo. 2000).
· cites it 2× “This appeal is before us pursuant to section 1-40-119, 1 C.R.S. (2000), which provides that we shall review the District Court's decision regarding a registered elector's protest of the Secretary of State's sufficiency determination.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.