Colorado § 1-4-501 - Only eligible electors eligible for office.

§ 1-4-501. Only eligible electors eligible for office.

(1) No person except an eligible elector who is at least eighteen years old, unless another age is required by law, is eligible to hold any office in this state. No person is eligible to be a designee or candidate for office at a presidential primary, state primary, general election, congressional vacancy election, or other coordinated election unless that person fully meets the qualifications of that office as stated in the constitution and statutes of the United States or this state on or before the date the term of that office begins. The secretary of state or designated election official, as applicable, shall not certify the name of any designee or candidate who fails to swear or affirm under oath that they will fully meet the qualifications of the office if elected; or who is unable to provide proof that they meet any requirements of the office relating to registration, residence, or property ownership; or who the secretary of state or designated election official determines is not qualified to hold the office that they seek based on residency requirements, or other requirements that are objectively verifiable such as age, place of birth, term limits, or party affiliation. The information found on the person's voter registration record is admissible as prima facie evidence of compliance with this section.

(2) No person is eligible to be a candidate for more than one office at one time; except that this subsection (2) does not apply to memberships on different special district boards. This subsection (2) shall not prohibit a candidate or elected official of any political subdivision from being a candidate or member of the board of directors of any special district or districts in which they are an eligible elector, unless otherwise prohibited by law.

(3) The qualification of any candidate may be challenged by an eligible elector who lives in the district for which the candidate seeks office within five days after the designated election official's statement is issued that certifies the candidate to the ballot. The challenge shall be made by verified petition setting forth the facts alleged concerning the qualification of the candidate and shall be filed in the district court in the county in which the official who certified the candidate to the ballot is located. The hearing on the qualification of the candidate shall be held in not less than five nor more than ten days after the date the election official's statement is issued that certifies the candidate to the ballot. The court shall hear the testimony and other evidence and, within forty-eight hours after the close of the hearing, determine whether the candidate meets the qualifications for the office for which the candidate has declared. The provisions of section 13-17-101 regarding frivolous, groundless, or vexatious actions apply to this section.

Source: L. 92: Entire part R&RE, p. 677, § 5, effective January 1, 1993. L. 94: (2) amended, p. 1153, § 12, effective July 1. L. 95: Entire section amended, p. 829, § 27, effective July 1. L. 2017: (1) amended, (SB 17-209), ch. 234, p. 946, § 1, effective August 9. L. 2023: (3) amended, (SB 23-276), ch. 399, p. 2376, § 10, effective June 6. L. 2026: (1) and (2) amended, (HB 26-1113), ch. 267, p. 1493, § 20, effective June 1.

Editor's note: This section is similar to former § 1-4-501 as it existed prior to 1992.

Cross references: For electors only eligible to office, see also § 6 of art. VII, Colo. Const.; for disqualifications from holding office of trust or profit, see § 4 of art. XII, Colo. Const.

ANNOTATION

Annotator's note. The following annotations include cases decided under former provisions similar to this section.

One obtaining office illegally, guilty only of misdemeanor, not disqualified. People ex rel. Thomas v. Goddard, 8 Colo. 432, 7 P. 301 (1885).

Section does not conflict with § 4 of art. V, Colo. Const. Romero v. Sandoval, 685 P.2d 772 (Colo. 1984).

Conflict with § 1-1-113. Because § 1-1-113 permits the adjudication of controversies arising from any wrongful act that occurs prior to the day of an election, without further limitation, while subsection (3) of this section provides a specific challenge to the qualification of a candidate if made by filing a verified petition with the district court within five days of his or her certification to the ballot, the two provisions very much appear to be in conflict. Because effect can reasonably be given to both provisions and because this section is the later adopted of the two, the legislative prescription for this conflict is to give effect to subsection (3) of this section as the special, or more specific, provision. Carson v. Reiner, 2016 CO 38, 370 P.3d 1137.

Compliance with residency requirement can be proven by means other than the voter registration page. Romero v. Sandoval, 685 P.2d 772 (Colo. 1984).