Colorado § 30-26-102 - Election on bond issue - duties of judges.

§ 30-26-102. Election on bond issue - duties of judges.

(1) All persons voting on the question of funding indebtedness shall vote by separate ballot, which shall be deposited in a box to be used for that purpose only and on which ballot shall be printed the words "for funding county debt" or "against funding county debt"; and if, upon canvassing the vote, which shall be canvassed in the same manner as the vote for county officers, it appears that a majority of all the votes cast upon the question so submitted is for funding the county debt, the board of county commissioners shall be authorized to carry out the provisions of this part 1, and the canvassing board shall certify the vote, and it shall be made a part of the county records.

(2) The judges of election shall make and certify to the county clerk and recorder a separate list of the names of the electors voting upon the question of the funding of the county indebtedness in the order in which the ballot of the elector so voting is received, and each ballot shall be numbered in the order in which it is received and the number recorded on the said list of voters opposite the name of the voter who presents the ballot.

Source: L. 1881: p. 88, § 5. G.S. § 680. R.S. 08: § 1390. C.L. § 8851. CSA: C. 45, § 203. CRS 53: § 36-4-5. C.R.S. 1963: § 36-4-5.

Cross references: For manner of canvassing votes for county officers, see part 1 of article 10 of title 1.

ANNOTATION

Mandamus. Where a county, by an election conducted in substantial conformity to this section, voted to issue bonds as a means of funding its indebtedness, it was held, that the plaintiff, a holder of county warrants constituting a part of such floating debt, was entitled, upon tendering his warrants, and refusal on the part of the county commissioners to issue to him bonds to the amount of such warrants, to a mandamus to compel them to do so. Bd. of County Comm'rs v. People ex rel. Hurlbut, 10 Colo. 14, 14 P. 47 (1887).