Colorado § 1-47-206 - Remedy for violation of Colorado Voting Rights Act - preliminary relief - award of costs and fees.

§ 1-47-206. Remedy for violation of Colorado Voting Rights Act - preliminary relief - award of costs and fees.

(1) (a) An aggrieved person that brings a civil action against a political subdivision pursuant to section 1-47-201, or the attorney general, may seek preliminary relief concerning an upcoming election held in the political subdivision, including if the civil action is brought within the one-hundred-twenty-day period prior to the election.

(b) A court of competent jurisdiction hearing a civil action filed pursuant to section 1-47-201 that seeks preliminary relief pursuant to subsection (1)(a) of this section shall grant preliminary relief if the court determines that:

(I) The aggrieved person or the attorney general is reasonably likely to succeed on the merits;

(II) There is a danger of immediate and irreparable injury, loss, or damage that may be prevented by granting preliminary relief; and

(III) An appropriate remedy to the alleged violation can be implemented prior to the election in a manner that will not unduly disrupt the election.

(2) (a) If a court of competent jurisdiction hearing a civil action filed pursuant to section 1-47-201 finds a violation of this article 47, the court shall order appropriate remedies that are tailored to address the violation.

(b) The court shall consider remedies proposed by a party and may consider remedies proposed by interested nonparties. The court shall not provide deference or priority to a remedy proposed by a defendant or political subdivision.

(c) In determining an appropriate remedy, the court shall consider how disruptive the remedy will be to state law, the uniform conduct of general, primary, or coordinated elections or an imminent municipal election, and the operations of the political subdivision.

(d) If a provision of law other than this article 47 would preclude an otherwise appropriate remedy, the court may nonetheless order a political subdivision to implement the remedy that is inconsistent with that provision of law.

(e) A remedy ordered by a court must not impede a political subdivision's or the state's ability to verify voter identity on mail ballot envelopes according to applicable procedures set forth in the "Uniform Election Code of 1992", the "Colorado Municipal Election Code of 1965", and rules adopted by the secretary of state.

(3) If a court of competent jurisdiction hearing a civil action filed pursuant to section 1-47-201 finds a violation of this article 47, the court may award reasonable attorney fees and costs to the prevailing party; except that, if a political subdivision is the prevailing party, the court may not award fees or costs unless the court finds the civil action to be frivolous.

Source: L. 2025: Entire article added, (SB 25-001), ch. 178, p. 756, § 11, effective August 6.