Title 31, Government - Municipal
0 chapters · 923 sections in this title.
Colo. Rev. Stat. § 31-10-1001 When absent electors may vote
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Any registered elector of a municipality may cast a ballot at the election in the manner provided in sections 31-10-1001 to 31-10-1007. Source: L. 75: Entire title R&RE, p. 1060, � 1, effective July 1. L. 87: Entire section amended, p. 329, � 88, effective July 1. L. 93: Entire s…
Colo. Rev. Stat. § 31-10-1003 Self-affirmation on return envelope
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(1) The return envelope shall have printed on its face a self-affirmation substantially in the following form: State of .... Municipality of ...., County of .... I, ...., affirm and say that I am a qualified and registered elector in the municipality of .... and state of Colorado…
Colo. Rev. Stat. § 31-10-1004 Manner of absentee voting by paper ballot
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(1) Any registered elector applying for and receiving an absent voter's ballot, in casting the ballot, shall make and subscribe to the self-affirmation on the return identification envelope. The voter shall then mark the ballot. The voter shall fold the ballot so as to conceal th…
Colo. Rev. Stat. § 31-10-1005 Absent voters' voting machines - electronic voting systems
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(1) Any municipality using voting machines may provide one or more voting machines in the clerk's office for the use of qualified applicants for absent voters' ballots. If such machines are provided, they shall be available from twelve days prior to the election until the closing…
Colo. Rev. Stat. § 31-10-1006 Delivery to judges
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Not later than 8:30 a.m. on the day of any municipal election, the clerk shall deliver to the judges of one of the precincts of the municipality, which precinct shall be selected by the clerk, all the absent voters' envelopes received up to that time, in sealed packages, taking a…
Colo. Rev. Stat. § 31-10-1007 Casting and counting absentee ballots
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(1) If the self-affirmation on the envelope containing the absentee voter's ballot is properly sworn to, one of the judges shall open such voter's identification envelope in the presence of a majority of the judges, and, after announcing in an audible voice the name of such absen…
Colo. Rev. Stat. § 31-10-1008 Challenge of absentee ballots - rejection - record
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(1) The vote of any absentee voter may be challenged in the same manner as other votes are challenged, and the judges of election shall have power to determine the legality of such ballot. If the challenge is sustained or if the judges determine that the self-affirmation accompan…
Colo. Rev. Stat. § 31-10-1009 Oaths for absentee ballots. (Repealed)
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Source: L. 75: Entire title R&RE, p. 1063, � 1, effective July 1. L. 87: Entire section amended, p. 331, � 93, effective July 1. L. 91: Entire section repealed, p. 642, � 92, effective May 1. Editor's note: Before its repeal, this section was similar to former � 31-10-809 as it e…
Colo. Rev. Stat. § 31-10-101 Short title
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This article shall be known and may be cited as the Colorado Municipal Election Code of 1965. Source: L. 75: Entire title R&RE, p. 1039, � 1, effective July 1. Editor's note: This section is similar to former � 31-10-101 as it existed prior to 1975.
Colo. Rev. Stat. § 31-10-1010 Emergency absentee voting - definition
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(1) (a) If the voter is confined in a hospital or his or her place of residence on election day because of conditions arising after the closing day for absent voters' ballot applications, the voter may request in a written statement, signed by him or her, that the clerk send him …
Colo. Rev. Stat. § 31-10-102 Definitions
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As used in this article, unless the context otherwise requires: (1) Clerk means the clerk of the municipality who is the custodian of the official records of the municipality or any person delegated by the clerk to exercise any of his powers, duties, or functions. (2) Election of…
Colo. Rev. Stat. § 31-10-102.7 Applicability of the Uniform Election Code of 1992
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Any municipality may provide by ordinance or resolution that it will utilize the requirements and procedures of the Uniform Election Code of 1992, articles 1 to 13 of title 1, C.R.S., in lieu of this article, with respect to any election. Source: L. 92: Entire section added, p. 8…
Colo. Rev. Stat. § 31-10-103 Computation of time
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Calendar days shall be used in all computations of time made under this article 10. In computing time for any act to be done before any municipal election, the first day shall be included, and the last, or election, day shall be excluded. Saturdays, Sundays, and legal holidays sh…
Colo. Rev. Stat. § 31-10-104 Powers of clerk and deputy
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(1) Except where otherwise provided in this article, the clerk shall render all interpretations and shall make all initial decisions as to controversies or other matters arising in the operation of this article. (2) All powers and authority granted to the clerk by this article ma…
Colo. Rev. Stat. § 31-10-105 Election commission
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The election commission in municipalities having such commission has all the powers and jurisdiction and shall perform all the duties provided by this article with respect to clerks and governing bodies, but the election commission does not have the authority to call a special el…
Colo. Rev. Stat. § 31-10-106 Copies of election laws and manual provided
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At least sixty days before any regular election, the secretary of state shall provide each municipal clerk a copy of the municipal election laws of the state. Source: L. 75: Entire title R&RE, p. 1040, � 1, effective July 1. L. 93: Entire section amended, pp. 1707, 1438, �� 2, 13…
Colo. Rev. Stat. § 31-10-107 Forms prescribed. (Repealed)
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Source: L. 75: Entire title R&RE, p. 1040, � 1, effective July 1. L. 96: Entire section repealed, p. 1769, � 65, effective July 1. Editor's note: Before its repeal, this section was similar to former � 31-10-108 as it existed prior to 1975.
Colo. Rev. Stat. § 31-10-108 Special elections
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Special elections shall be held on any Tuesday designated by ordinance or resolution of the governing body. No special election shall be held within the ninety days preceding a regular election. No special election shall be called within sixty days before the date thereof, nor sh…
Colo. Rev. Stat. § 31-10-1101 No voting unless registered
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Unless otherwise permitted pursuant to section 31-10-203, no person shall be permitted to vote at any regular or special election unless his or her name is found on the registration list or official registration book or unless registration in that precinct is confirmed as provide…
Colo. Rev. Stat. § 31-10-1102 Right to vote may be challenged
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(1) When any person whose name appears on the registration list or in the registration book makes application for a ballot, his right to vote at that poll and election may be challenged. If the person so applying is not entitled to vote, no ballot shall be delivered to him. Any p…
Colo. Rev. Stat. § 31-10-1103 Challenge to be made by written oath
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Each challenge shall 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 judges of election shall deliver all challenges and oaths to the clerk at the time the other elect…
Colo. Rev. Stat. § 31-10-1104 Challenge questions asked voter
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(1) If a person offering to vote is challenged as unqualified, one of the judges shall tender to him the following written oath or affirmation: You do solemnly swear or affirm that you will fully and truly answer all such questions as are put to you touching your place of residen…
Colo. Rev. Stat. § 31-10-1105 Oath of challenged voter
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(1) If the challenge is not withdrawn after the person offering to vote has answered the questions put to him or her, one of the judges shall tender the following oath: You do solemnly swear or affirm that you are a citizen of the United States of the age of eighteen years or ove…
Colo. Rev. Stat. § 31-10-1106 Refusal to answer questions or take oath
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If the challenged person refuses to answer fully any question which is put to him as provided in section 31-10-1104 or refuses to take the oath or affirmation tendered as provided in section 31-10-1105, the judges shall reject his vote. Source: L. 75: Entire title R&RE, p. 1065, …
Colo. Rev. Stat. § 31-10-1201 Returns - canvass
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The returns of all municipal elections shall be made to the clerk of the municipality. The clerk shall request the assistance of the mayor of the municipality in conducting the canvass of votes. If there is no mayor or if the mayor has been a candidate at the election, the clerk …
Colo. Rev. Stat. § 31-10-1202 Imperfect returns
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When the clerk and his assistant find that the returns from any precinct do not strictly conform to the requirements of law in making, certifying, and returning the same, the votes cast in such precinct nevertheless shall be canvassed and counted if such returns are sufficiently …
Colo. Rev. Stat. § 31-10-1203 Corrections
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If, upon proceeding to canvass the votes, it clearly appears to the clerk and his assistant that in any statement produced to them certain matters are omitted which should have been inserted or that any mistakes which are merely clerical exist, they shall cause the statement to b…
Colo. Rev. Stat. § 31-10-1204 Tie - lots - notice to candidates
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If any two or more candidates receive an equal and the highest number of votes for the same office and if there are not enough offices remaining for all such candidates, the clerk and his assistant shall determine by lot the person who shall be elected. Reasonable notice shall be…
Colo. Rev. Stat. § 31-10-1205 Statement - certificates of election
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(1) The clerk shall immediately make out statements from the abstract of votes which shall show the names of the candidates and the whole number of votes given to each, distinguishing the several precincts in which they were given. The clerk and his assistant shall certify such s…
Colo. Rev. Stat. § 31-10-1206 Fees of municipal judge
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Each municipal judge appointed to assist the clerk in opening the returns of any municipal election and making abstracts of the votes cast thereat, as required in this article, shall receive for such services the sum of ten dollars for each day in which he is actually engaged the…
Colo. Rev. Stat. § 31-10-1207 Recount
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(1) The municipal clerk shall conduct a recount of the votes cast in any election if it appears, as evidenced by the survey of returns, that the difference between the highest number of votes cast in the election and the next highest number of votes cast in the election is less t…
Colo. Rev. Stat. § 31-10-1301 Who may contest - causes
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(1) The election of any person declared duly elected to any municipal office may be contested by any registered elector of such municipality: (a) When the contestee is not eligible for the office to which he has been declared elected; (b) When illegal votes have been received or …
Colo. Rev. Stat. § 31-10-1302 District judge to preside - bond
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(1) All contested election cases of municipal officers shall be tried and determined in the district court of the county in which the municipality is located. Where a municipality is located in more than one county, the district court of either county has jurisdiction. The style …
Colo. Rev. Stat. § 31-10-1303 Filing statement - contents
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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 31-10-1207 (2), or within ten days after the conclusion of a recount conducted pursuant to sec…
Colo. Rev. Stat. § 31-10-1304 Summons - answer
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(1) The clerk of the district court shall thereupon issue a summons in the ordinary form, in which the contestor shall be named as plaintiff and the contestee as defendant, stating the court in which the action is brought and a brief statement of the causes of contest, as set for…
Colo. Rev. Stat. § 31-10-1305 Trial and appeals
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Immediately after the joining of issue, the district court shall fix a day for the trial to commence, not more than twenty days nor less than ten days after the joining of issue. Such trial shall take precedence over all other business in said court. The testimony may be oral or …
Colo. Rev. Stat. § 31-10-1306 Recount
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If, upon the trial of any contested election under this article, the statement or counterstatement sets forth an error in canvass sufficient to change the result, the trial judge has the power to conduct a recount of the ballots cast or the votes tabulated on the voting machines …
Colo. Rev. Stat. § 31-10-1307 Judgment
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The court shall pronounce judgment whether the contestee or any other person was duly elected. The person so declared elected is entitled to the office upon qualification. If the judgment is against the contestee and he has received his certificate, the judgment annuls it. If the…
Colo. Rev. Stat. § 31-10-1308 Ballot questions and ballot issues - how contested
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(1) The results of an election on any ballot question may be contested in the manner provided by this part 13. The grounds for such contest shall be those grounds set forth in section 31-10-1301 (1)(b), (1)(c), and (1)(d). The contestee shall be the appropriate election official.…
Colo. Rev. Stat. § 31-10-1401 Controversies
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(1) 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 c…
Colo. Rev. Stat. § 31-10-1402 Correction of errors
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(1) The clerk shall, on his own motion, correct without delay any error in publication or sample or official ballots which he discovers or which is brought to his attention and which can be corrected without interfering with the timely distribution of the ballots. (2) When it app…
Colo. Rev. Stat. § 31-10-1501 District attorney or attorney general to prosecute
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(1) Any person may file with the district attorney an affidavit stating the name of any person who has violated any of the provisions of this article and stating the facts which constitute the alleged offense. Upon the filing of such affidavit, the district attorney shall forthwi…
Colo. Rev. Stat. § 31-10-1502 Sufficiency of complaint - judicial notice
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Irregularities or defects in the mode of calling, giving notice of, convening, holding, or conducting any regular or special election constitutes no defense to a prosecution for a violation of this article. When an offense is committed in relation to any municipal election, an in…
Colo. Rev. Stat. § 31-10-1503 Immunity of witness from prosecution
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Any person violating any provision of this article is a competent witness against any other such violator and may be compelled to attend and testify upon any trial, hearing, proceeding, or investigation in the same manner as any other person, but the testimony so given shall not …
Colo. Rev. Stat. § 31-10-1504 Penalties for election offenses
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In all cases where an offense is denominated by this article as being a misdemeanor and no penalty is specified, the offender, upon conviction thereof, shall be punished by a fine of not more than one thousand dollars, or by imprisonment in the county jail for not more than one y…
Colo. Rev. Stat. § 31-10-1505 Payment of fines
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All fines collected under the provisions of this article shall be paid to the county in which the municipality concerned is located. Source: L. 75: Entire title R&RE, p. 1070, � 1, effective July 1. Editor's note: This section is similar to former � 31-10-1305 as it existed prior…
Colo. Rev. Stat. § 31-10-1506 Perjury
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Any person, having taken any oath or made any affirmation required by this article, who swears or affirms willfully, corruptly, and falsely in a matter material to the issue or point in question or suborns any other person to swear or affirm willfully, corruptly, and falsely comm…
Colo. Rev. Stat. § 31-10-1507 Forgery
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Any person who falsely makes, alters, forges, or counterfeits any ballot before or after it has been cast, or who forges any name of a person as a signer or witness to a petition or nomination paper, or who forges the name of a registered elector to an absent voter's ballot commi…
Colo. Rev. Stat. § 31-10-1508 Tampering with nomination papers
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Any person who, being in possession of nomination papers entitled to be filed under this article 10, wrongfully or willfully destroys, defaces, mutilates, suppresses, neglects, or fails to cause the same to be filed by the proper time in the clerk's office or who files any such p…
Colo. Rev. Stat. § 31-10-1509 Bribery of petition signers
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Any person who offers or knowingly permits any person to offer for his or her benefit any bribe or promise of gain to an elector to induce the elector to sign any nomination petition or other election paper, or any person who accepts any such bribe or promise of gain of any kind …