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What is a challenge? How is it different from a contest?
A challenge is when a person’s right to vote is formally questioned, (generally) in person. A contest is when the outcome of an election is formally questioned.
Who is able to challenge a person’s right to vote?
Basically, any eligible elector (watchers must be eligible electors) and election judges.
It is the duty of any election judge to challenge any person offering to vote who he or she believes is not an eligible elector. In addition, challenges may be made by watchers or any eligible elector of the special district who is present.
C.R.S. Section 1-13.5-1202(2)
How is a challenge presented?
The process is detailed in statute. Note that this should be quite rare.
Each challenge must be made by written oath, signed by the challenger under penalty of perjury, setting forth the name of the person challenged and the basis for the challenge. The election judges shall deliver all challenges and oaths to the designated election official at the time the other election papers are returned. The designated election official shall deliver all challenges and oaths to the district attorney for investigation and appropriate action as soon as possible.
C.R.S. Section 1-13.5-1203
The challenged voter and the challenger and election judge should step away from the immediate area in order to allow other voters to proceed to vote.
The election judge will ask the challenged voter specific questions relative to the basis of the challenge (i.e., registration, residence, property ownership, see statute/form SD-38.2). If the voter answers the questions and takes the oath prescribed in section 1-13.5-1205, s(he) will be allowed to vote and the word “Sworn” must be written on the pollbook next to the person’s name.
If the challenged voter refuses to fully answer any question which is put to him or her or refuses to take the oath, the election judges shall reject the challenged person’s vote.
C.R.S. Section 1-13.5-1204-6
Voter challenge: SD-38.1
Oath of voter challenged: SD-38.2