Colorado § 1-11-216 - Judgment in contests for county and nonpartisan elections.
Full text of Colorado Colorado Revised Statutes § 1-11-216 — Judgment in contests for county and nonpartisan elections., with citation guidance and answers to common questions.
§ 1-11-216. Judgment in contests for county and nonpartisan elections.
The district court shall pronounce judgment on whether the contestee or any other person was legally elected to the contested office or on whether the ballot issue or ballot question was enacted. The court's judgment declaring a person elected entitles that person to take office when the term of office begins, upon proper qualification. If the judgment is against a contestee who has received a certificate, the judgment annuls the certificate. If the court finds that no person was legally elected, the judgment shall set aside the election and declare a vacancy in the office contested.
Source: L. 92: Entire article R&RE, p. 792, § 14, effective January 1, 1993. L. 94: Entire section amended, p. 1178, § 68, effective July 1.
Editor's note: This section is similar to former § 1-11-213 as it existed prior to 1992.
ANNOTATION
Annotator's note. The following annotations include a case decided under former provisions similar to this section.
Candidate elected but unqualified to serve. An unqualified candidate was legally elected despite not meeting the residency requirement because the candidate received the most legal votes and a court did not deem the candidate unqualified prior to the election, and the opponent did not receive the most legal votes. Because the candidate who was legally elected was not qualified to serve in the office for which the candidate was elected, the district court correctly declared a vacancy in the office. Figueroa v. Speers, 2015 CO 12, 343 P.3d 967.
Court cannot after lapse of term suspend execution of judgment. Nordloh v. Packard, 45 Colo. 515, 101 P. 787 (1909).
And even during the term at which an election contest is determined, the court has no power to suspend execution of a judgment which awards the office to the contestor. Nordloh v. Packard, 45 Colo. 515, 101 P. 787 (1909).
Source: official Colorado text · Last verified 2026-08-27
Frequently Asked Questions About Colorado § 1-11-216
What does Colorado Revised Statutes § 1-11-216 cover?
Section 1-11-216 ("Judgment in contests for county and nonpartisan elections.") is part of the Colorado Revised Statutes, the codified statutory law of Colorado. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Colorado § 1-11-216?
A common citation format is "Colorado Revised Statutes § 1-11-216" (Colorado). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Colorado law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Colorado official source linked on this page or consult a licensed Colorado attorney.
How does Colorado § 1-11-216 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Colorado can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Colorado.