Colorado § 1-11-208 - Contests for state senator or representative.

§ 1-11-208. Contests for state senator or representative.

(1) The election of any person as a state senator or a member of the state house of representatives may be contested by any eligible elector of the district to be represented by the senator or representative. Each house of the general assembly shall hear and determine election contests of its own members. In furtherance of resolving such a contest, the house of the general assembly before which any contest is to be tried shall certify questions pursuant to section 1-11-208.5 to the office of administrative courts for referral to an administrative law judge.

(2) The contestor, within ten days after the completion of the official abstract of votes cast, shall file in the office of the secretary of state a verified statement of intention to contest the election, setting forth the name of the contestor, that the contestor is an eligible elector of the district, the name of the contestee, the office being contested, the time of the election, and the particular grounds for the contest, and shall serve a copy upon the contestee. The contestor shall file with the secretary of state fifteen thousand dollars to be placed in escrow running to the contestee and conditioned to pay all costs in case of failure to maintain the contest.

(3) The contestee, within ten days after personal service of the statement, shall file in the office of the secretary of state an answer, duly verified, admitting or specifically denying each allegation and containing any new matter or counterstatement which the contestee believes may entitle him or her to retain the seat in the general assembly to which elected. The contestee shall serve a copy upon the contestor.

(4) When the answer of the contestee contains new matter constituting a counterstatement, the contestor, within ten days after the service of the answer, shall file in the office of the secretary of state a reply admitting or specifically denying under oath each allegation contained in the counterstatement, and shall serve a copy upon the contestee.

Source: L. 92: Entire article R&RE, p. 788, § 14, effective January 1, 1993. L. 99: (1) amended, p. 1384, § 2, effective June 4; (2) amended, p. 491, § 20, effective July 1. L. 2005: (1) amended, p. 852, § 5, effective June 1. L. 2021: (2) amended, (SB 21-250), ch. 282, p. 1653, § 51, effective June 21.

Editor's note: This section is similar to former § 1-11-206 as it existed prior to 1992.

ANNOTATION

Authority of courts to determine election controversies when no candidate declared duly elected. State constitutional provisions and statutes permitting general assembly to judge election of members does not limit subject matter jurisdiction of district court to hear controversies related to elections where no candidate is yet declared duly elected by secretary of state. Meyer v. Lamm, 846 P.2d 862 (Colo. 1993) (decided under former law).