When an election is ordered by the board of county commissioners of any county on the question of removal or location of the county seat, it is the duty of such board of county commissioners to appoint special judges and registers of such elections, and to provide a special ballot box in each voting precinct in which shall be deposited all the ballots cast at such election in such precinct on the question of location or removal of the county seat.
Source: L. 1881: p. 103, § 1. G.S. § 1284. R.S. 08: § 1171. C.L. § 8649. CSA: C. 44, § 92. CRS 53: § 34-3-1. C.R.S. 1963: § 34-3-1.
ANNOTATION
The constitutional prohibition against local or special laws in certain enumerated cases, locating or changing county seats being one of those cases, was held to be wholly prospective and intended to affect only future legislation. People v. Bd. of County Comm'rs, 6 Colo. 202 (1882).
Construction with general election laws. Although registration of electors to vote on the question of removal of a county seat is governed by this and the following sections, they are not exclusive but must be construed with the provisions concerning general elections. People ex rel. Roberg v. Bd. of Comm'rs, 86 Colo. 249, 281 P. 117 (1929).
The section governing registration of electors does not repeal this article concerning elections for the removal of county seats. People ex rel. Roberg v. Bd. of Comm'rs, 86 Colo. 249, 281 P. 117 (1929).
In the absence of fraud and where there is a substantial compliance with the statute, informalities and innocent departures on the part of the election board in the matter of an election to remove a county seat, will not render the election void, where it appears that there was a conscientious determination on the part of the election officials to ascertain the will of the electorate on the question submitted, which was carried into effect. People ex rel. Roberg v. Bd. of Comm'rs, 86 Colo. 249, 281 P. 117 (1929).
The act of February 11, 1881, was intended to establish a uniform procedure regulating all elections concerning county seats, and it applies to the conduct of an election for the permanent location of a county seat. Town of Sugar City v. Bd. of Comm'rs, 57 Colo. 432, 140 P. 809 (1914).
Since the act of 1881 was inconsistent with and repugnant to former legislation upon this subject, although it contained no repealing clause, it was well settled that, notwithstanding such omission, so much of former legislation as was in conflict with the latter provisions was impliedly repealed. Town of Sugar City v. Bd. of Comm'rs, 57 Colo. 432, 140 P. 809 (1914).