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What happens if there is an election controversy?
Basically, anyone can petition the district court for relief concerning any election controversy. But that doesn’t mean the court will act or agree with the petition.
When any controversy arises between any official charged with any duty or function under this article and any candidate or other person, the district court, upon the filing of a verified petition by any such official or person setting forth in concise form the nature of the controversy and the relief sought, shall issue an order commanding the respondent in the petition to appear before the court and answer under oath to the petition. It is the duty of the court to summarily hear and dispose of any such issues, with a view to obtaining a substantial compliance with this article by the parties to the controversy, and to make and enter orders and judgments and to follow the procedures of the court to enforce all such orders and judgments.
C.R.S. Section 1-13.5-1501
Note: Statute states “…the board shall govern the conduct of all subsequent regular and special elections… and shall render all interpretations and make all decisions as to controversies or other matters arising in the conduct of the elections.” If a complainant does not wish to file a petition with the district court, the matter can be taken to the district’s board of directors.
C.R.S. Section 32-1-804(1)
And…The designated election official shall render all interpretations and shall make all initial decisions as to controversies or other matters arising in the operation of this article.
C.R.S. Section 1-13.5-108
Generally, the DEO will be the decision-maker unless time and complexity of the issue requires that a decision be made by the Board of directors. As an appointed extension of the Board, the DEO will generally operate independently.
Why would someone contest a candidate election?
The election of any candidate to any office may be contested on any of the following grounds (paraphrased):
- The candidate elected is not eligible to hold the office for which elected.
- Illegal votes were received or legal votes rejected at the polls in sufficient numbers to change the result of the election.
- Any election judge or canvass board member has made an error in counting or declaring the result of an election that changed the result of an election.
- An election judge, canvass board, or member of a canvass board has committed malconduct, fraud, or corruption that changed the result of the election.
- For any other cause, another candidate was the legally elected person.
C.R.S. Section 1-13.5-1401
What are the causes for contest of an election to determine a ballot issue or ballot question?
Similar to candidate contests, the result of any election to determine a ballot issue or a ballot question may be contested on any of the following grounds:
- b) Illegal votes were received or legal votes were rejected at the polls in sufficient numbers to change the results of the election.
- c) That an election judge or canvass board has made an error in counting or declaring the result of an election that changed the result of the election.
- d) An election judge, canvass board, or member of a canvass board has committed misconduct, fraud, or corruption that changed the result of the election.
C.R.S. Section 1-13.5-1408
In addition, the result of any election to determine a ballot issue that includes approval of the creation of any debt or other financial obligation may be contested if the notice (to create a financial obligation) required by C.R.S. Section 1-7-908 is not provided in accordance with that section or contains any material misstatement of the information required to be set forth in the notice.
C.R.S. Section 1-13.5-1408, 1-11-201(3), 1-11-201(4), 1-13.5-1401(1)(b), (c), & (d)
Contests regarding issue or question format use 1-13.5-1408(2)
Who may contest an election?
The election of any candidate or the results of an election on any ballot issue or ballot question may be contested by any eligible elector of the political subdivision.
The individual contesting the election must file a written statement of intent to contest the election with the clerk of the district court within ten days after the canvass board’s certification of election.
C.R.S. Section 1-13.5-1403; 1-11-213(4)
What is the decision-making body for nonpartisan officers, ballot issue and ballot question election contests for nonpartisan elections?
All contested election cases of nonpartisan officers and ballot issues/ballot questions are tried and decided by the district court for the county in which the contest arises. If a political subdivision is located in more than one county, the district court of either county may take jurisdiction.
C.R.S. Section 1-13.5-1401 et. seq
What is the deadline for election contests?
27 days after the election for an election where no recount occurs. Or,
38 days for an election where a recount does occur.
The contestor shall file in the office of the clerk of the district court, within ten days after the expiration of the period within which a recount may be requested pursuant to section 1-13.5-1306, or within ten days after the conclusion of a recount conducted pursuant to section 1-13.5-1306, whichever is later…
C.R.S. Section 1-13.5-1403