Colorado § 1-5-412 - Correction of errors.

§ 1-5-412. Correction of errors.

(1) The designated election official shall correct without delay any errors in publication or in sample or official ballots which are discovered or brought to the official's attention and which can be corrected without interfering with the timely distribution of the ballots.

(2) When it appears by verified petition of a candidate or the candidate's agent to any district court that any error or omission has occurred in the publication of the names or description of the candidates or in the printing of sample or official election ballots which has been brought to the attention of the designated election official and has not been corrected, the court shall issue an order requiring the designated election official to correct the error forthwith or to show cause why the error should not be corrected. Costs, including reasonable attorney fees, may be assessed in the discretion of the court against either party.

(3) If, before the date set for election, a duly nominated candidate withdraws by filing an affidavit of withdrawal with the designated election official, or dies and the fact of the death becomes known to the designated election official before the ballots are printed, or is deemed disqualified, the name of the candidate shall not be printed on the ballots. Except in the case of a vacancy to be filled in accordance with section 1-4-1005, 1-4-1006, or 1-4-1009, if the ballots are already printed, the votes cast for the withdrawn, deceased, or disqualified candidate are invalid and shall not be counted.

Source: L. 92: Entire article R&RE, p. 715, § 8, effective January 1, 1993. L. 99: (3) amended, p. 934, § 3, effective August 4. L. 2007: (3) amended, p. 1975, § 17, effective August 3. L. 2017: (3) amended, (SB 17-209), ch. 234, p. 963, § 9, effective August 9.

Editor's note: This section is similar to former § 1-6-409 as it existed prior to 1992.

Cross references: For taxing reasonable attorney fees in favor of the defendant when an action is vexatiously commenced, see C.R.C.P. 3(a).

ANNOTATION

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

The purpose of allowing the correction of errors is to give the opposing candidate ample opportunity to see that his opponent's name was not upon an unauthorized ticket or under a device to the use of which he was not entitled. Allen v. Glynn, 17 Colo. 338, 29 P. 670 (1892).

As the fundamental object of all election laws is the freedom and purity of the ballot. Allen v. Glynn, 17 Colo. 338, 29 P. 670 (1892).

And ample provision is made for the correction of ballots prior to the election. Allen v. Glynn, 17 Colo. 338, 29 P. 670 (1892).

But it is the duty of candidates to make such objections in seasonable time, since it would not be in the interest of a fair expression of the will of the people to allow a candidate to lie by and not point out such objections as he may have to the form of the ballot until after the election has been held. Allen v. Glynn, 17 Colo. 338, 29 P. 670 (1892).

Moreover, the voter has no control whatever over the publication of the names of candidates or the form of the ballots. If, for some defect in these particulars, the ballot must be rejected, the door would be open to fraud. Allen v. Glynn, 17 Colo. 338, 29 P. 670 (1892).

Clerk cannot correct improper certification of nominations. It is the duty of the county clerk to cause to be printed the names as certified to him by the secretary of state, and if such nominations are improperly certified, it constitutes no such error or omission in the publication of the names or description of the candidates as he is authorized to correct. Smith v. Harris, 18 Colo. 274, 32 P. 616 (1893).