Colorado Revised Statutes

Colo. Rev. Stat. § 31-10-1301 (2026)

Who may contest - causes

✓ current as of July 2026
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(1) The election of any person declared duly elected to any municipal office may be contested by any registered elector of such municipality:

(a) When the contestee is not eligible for the office to which he has been declared elected;

(b) When illegal votes have been received or legal votes rejected at the polls in sufficient numbers to change the results;

(c) For any error or mistake on the part of any of the judges of election or the clerk and his assistant in counting or declaring the result of the election if the error or mistake would be sufficient to change the result;

(d) For malconduct, fraud, or corruption on the part of the judges of election in any precinct or any clerk or his assistant if the malconduct, fraud, or corruption would be sufficient to change the result;

(e) For any other cause which shows that another was the legally elected person.

Source: L. 75: Entire title R&RE, p. 1067, § 1, effective July 1. L. 87: IP(1) amended, p. 331, § 94, effective July 1. Editor's note: This section is similar to former § 31-10-1101 as it existed prior to 1975.

Notes of Decisions
Cited in 4 cases, 1980–2014 · leading case: Mahaffey v. Barnhill, 855 P.2d 847 (Colo. 1993).
Mahaffey v. Barnhill, 855 P.2d 847 (Colo. 1993). · cites it 15× “Pursuant to section 31-10-1301, 12B C.R.S. (1986 & 1992 Supp.”
Jones v. Samora, 318 P.3d 462 (Colo. 2014). · cites it 4× “{ 10 Jones and Citizen Center, a Colorado nonprofit corporation, filed an election contest and complaint pursuant to sections 31-10-1301, et seq., in the District Court for Saguache County.”
Molleck v. City of Golden, 884 P.2d 725 (Colo. 1994). · cites it 5× “5 Molleck contends that her challenge is not an election “contest” under section 31-10-1301, 12B C.R.S. (1986 & 1994 Supp.”
Gordon v. Blackburn, 618 P.2d 668 (Colo. 1980). · cites it 2× “NOTES [1] See sections 31-10-1301(1)(b) and 31-10-1307, C.”
Colo. Rev. Stat. § 31-10-1301(1): 2 cases
Mahaffey v. Barnhill, 855 P.2d 847 (Colo. 1993). “Pursuant to section 31-10-1301, 12B C.R.S. (1986 & 1992 Supp.”
Molleck v. City of Golden, 884 P.2d 725 (Colo. 1994). “5 Molleck contends that her challenge is not an election “contest” under section 31-10-1301, 12B C.R.S. (1986 & 1994 Supp.”
Colo. Rev. Stat. § 31-10-1301(1)(b): 2 cases
Mahaffey v. Barnhill, 855 P.2d 847 (Colo. 1993). “Pursuant to section 31-10-1301, 12B C.R.S. (1986 & 1992 Supp.”
Gordon v. Blackburn, 618 P.2d 668 (Colo. 1980). “NOTES [1] See sections 31-10-1301(1)(b) and 31-10-1307, C.”
Colo. Rev. Stat. § 31-10-1301(l)(b): 2 cases
Mahaffey v. Barnhill, 855 P.2d 847 (Colo. 1993). “Pursuant to section 31-10-1301, 12B C.R.S. (1986 & 1992 Supp.”
Gordon v. Blackburn, 618 P.2d 668 (Colo. 1980). “NOTES [1] See sections 31-10-1301(1)(b) and 31-10-1307, C.”
Colo. Rev. Stat. § 31-10-1301(l)(e): 1 case
Molleck v. City of Golden, 884 P.2d 725 (Colo. 1994). “5 Molleck contends that her challenge is not an election “contest” under section 31-10-1301, 12B C.R.S. (1986 & 1994 Supp.”
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