Colorado § 31-10-305 - Objections to nominations.

§ 31-10-305. Objections to nominations.

All petitions of nomination and affidavits that are in apparent conformity with the provisions of section 31-10-302, as determined by the clerk, are valid unless objection thereto is duly made in writing within three days after the filing of the same. In case objection is made, notice thereof shall be forthwith mailed to any candidate who may be affected thereby. The clerk shall decide objections within at least forty-eight hours after the same are filed, and any objections sustained may be remedied or defect cured upon the original petition, by an amendment thereto, or by filing a new petition within three days after the objection is sustained, but in no event later than the sixty-fourth day before the day of election. The clerk shall pass upon the validity of all objections, whether of form or substance, and the clerk's decisions upon matters of form shall be final. The clerk's decisions upon matters of substance shall be open to review if prompt application is made, as provided in section 31-10-1401, but the remedy in all cases shall be summary, and the decision of the district court shall be final and not subject to review by any other court; except that the supreme court, in the exercise of its discretion, may review any proceeding in a summary way.

Source: L. 75: Entire title R&RE, p. 1045, § 1, effective July 1. L. 77: Entire section amended, p. 286, § 59, effective June 29. L. 79: Entire section amended, p. 1176, § 14, effective July 1. L. 93: Entire section amended, p. 1708, § 5, effective July 1. L. 2015: Entire section amended, (HB 15-1130), ch. 230, p. 856, § 9, effective August 5.

Editor's note: This section is similar to former § 31-10-305 as it existed prior to 1975.

Cross references: For the legislative declaration in HB 15-1130, see section 1 of chapter 230, Session Laws of Colorado 2015.

ANNOTATION

Action not brought pursuant to section. Whatever conflict of jurisdiction appears to exist in this section in connection with rulings on "objections to nominating petitions", the action is not brought pursuant to it where from the face of the petition it appears that this is a controversy between the candidate and the "official charged with any duty or function" in the particular election and, also, that the petitioner seeks to correct errors in the publication of the names and descriptions of the candidates. Birkenmayer v. Carter, 165 Colo. 459, 439 P.2d 991 (1968).

Applied in Theobald v. Byrns, 195 Colo. 330, 579 P.2d 609 (1978).