Title 31, Government - Municipal
0 chapters · 923 sections in this title.
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 …
Colo. Rev. Stat. § 31-10-1510 Statements of expenses. (Repealed)
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Source: L. 75: Entire title R&RE, p. 1070, � 1, effective July 1. L. 85: Entire section repealed, p. 273, � 7, effective April 30. Editor's note: Before its repeal, this section was similar to former � 31-10-1310 as it existed prior to 1975.
Colo. Rev. Stat. § 31-10-1511 Custody and delivery of ballots and other election papers
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(1) Any election official having charge of official ballots, tally sheets, the registration book or list, and the pollbook who destroys, conceals, or suppresses the same, except as expressly permitted by this article 10, commits a class 1 misdemeanor. (2) Any election official wh…
Colo. Rev. Stat. § 31-10-1513 Unlawfully refusing or permitting to vote
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Any election judge who willfully and maliciously refuses or neglects to receive the ballot of any registered elector who has taken or offered to take the oath prescribed in section 31-10-1105 or knowingly and willfully permits any person to vote who is not entitled to vote at any…
Colo. Rev. Stat. § 31-10-1514 Revealing how elector voted
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Any election official, watcher, or person who assists an individual with a disability in voting and who reveals how the individual with a disability voted commits a class 2 misdemeanor. Source: L. 75: Entire title R&RE, p. 1071, � 1, effective July 1. L. 2014: Entire section amen…
Colo. Rev. Stat. § 31-10-1515 Violation of duty
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Any municipal official election official or other person upon whom any duty is imposed by this article 10 who violates, neglects, or omits to perform such duty or is guilty of corrupt conduct in the discharge of the same, or any notary public or other officer authorized by law to…
Colo. Rev. Stat. § 31-10-1516 Unlawful receipt of money
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(1) It is unlawful for any person, directly or indirectly, by himself or through any other person: (a) To receive, agree to, or contract for, before or during any municipal election, any money, gift, loan, or other valuable consideration for himself or any other person for voting…
Colo. Rev. Stat. § 31-10-1517 Disclosing or identifying vote
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(1) No person shall solicit or induce a voter to reveal how he or she voted. No voter shall place any mark upon his or her ballot by means of which it can be identified as the one voted by him or her, and no other mark shall be placed upon the ballot to identify it after it has b…
Colo. Rev. Stat. § 31-10-1518 Delivering and receiving ballots at polls
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(1) No voter shall receive an official ballot from any person except one of the judges of election, and no person other than a judge of election shall deliver an official ballot to a voter. (2) No person except a judge of election shall receive from any voter a ballot prepared fo…
Colo. Rev. Stat. § 31-10-1519 Voting twice
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Any person who votes more than once or, having voted once, offers to vote again or offers to deposit in the ballot box more than one ballot commits a class 2 misdemeanor. Source: L. 75: Entire title R&RE, p. 1072, � 1, effective July 1. L. 95: Entire section amended, p. 858, � 10…
Colo. Rev. Stat. § 31-10-1520 Voting in the wrong precinct
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Any person who, at any municipal election, fraudulently votes or offers to vote in any precinct in which he or she does not reside commits a class 2 misdemeanor. Source: L. 75: Entire title R&RE, p. 1072, � 1, effective July 1. L. 95: Entire section amended, p. 858, � 106, effect…
Colo. Rev. Stat. § 31-10-1521 Electioneering near polls
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Any person who does any electioneering on election day within any polling place or in any public street or room or in any public manner within one hundred feet of any building in which a polling place is located commits a class 2 misdemeanor. Source: L. 75: Entire title R&RE, p. …
Colo. Rev. Stat. § 31-10-1522 Employer's unlawful acts
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(1) It is unlawful for any employer, whether corporation, association, company, firm, or person, or any officer or agent of such employer: (a) To refuse any of his employees the privilege of taking time off to vote as provided in section 31-10-603; or (b) To influence the vote of…
Colo. Rev. Stat. § 31-10-1523 Intimidation
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It is unlawful for any person directly or indirectly, by himself or herself, or any other person in his or her behalf, to make use of any force, violence, restraint, abduction, duress, or forcible or fraudulent device or contrivance, or to inflict or threaten the infliction of an…
Colo. Rev. Stat. § 31-10-1524 Unlawfully giving or promising money
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(1) It is unlawful for any person, directly, by himself, or through any other person: (a) To pay, loan, or contribute or offer or promise to pay, loan, or contribute any money or other valuable consideration to or for any qualified or registered elector or to or for any other per…
Colo. Rev. Stat. § 31-10-1525 Corrupt means of influencing vote
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If any person, by bribery, menace, or other corrupt means or device whatsoever, either directly or indirectly, attempts to influence any voter of this state in giving the voter's vote or ballot, or deters the voter from giving the same, or disturbs or hinders the voter in the fre…
Colo. Rev. Stat. § 31-10-1526 Interference with voter while voting
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Any person who interferes with any voter when inside the immediate voting area or when marking a ballot or operating a voting machine commits a class 2 misdemeanor. Source: L. 75: Entire title R&RE, p. 1074, � 1, effective July 1. L. 2021: Entire section amended, (SB 21-271), ch.…
Colo. Rev. Stat. § 31-10-1527 Introducing liquor into polls - repeal. (Repealed)
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Source: L. 75: Entire title R&RE, p. 1074, � 1, effective July 1. L. 2021: Entire section repealed, (SB 21-271), ch. 462, p. 3254, � 530, effective March 1, 2022. Editor's note: (1) This section was similar to former � 31-10-1327 as it existed prior to 1975. (2) Subsection (2) pr…
Colo. Rev. Stat. § 31-10-1528 Inducing defective ballot
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Any person who willfully causes a ballot to misstate in any way the wishes of the voter casting the same or who causes any other deceit to be practiced with intent fraudulently to induce such voter to deposit a defective ballot so as to have the ballot thrown out and not counted …
Colo. Rev. Stat. § 31-10-1529 Personating elector
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Any person who falsely personates any registered elector and votes under the name of such elector commits a class 2 misdemeanor. Source: L. 75: Entire title R&RE, p. 1074, � 1, effective July 1. L. 95: Entire section amended, p. 858, � 107, effective July 1. L. 2021: Entire secti…
Colo. Rev. Stat. § 31-10-1530 Altering posted abstract of votes
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Any person who defaces, mutilates, alters, or unlawfully removes the abstract of votes posted outside of a polling place commits a class 2 misdemeanor. Source: L. 75: Entire title R&RE, p. 1074, � 1, effective July 1. L. 2021: Entire section amended, (SB 21-271), ch. 462, p. 3255…
Colo. Rev. Stat. § 31-10-1531 Wagers with electors
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It is unlawful for any person, including any candidate for public office, before or during any municipal election, to make any bet or wager with a qualified elector or take a share or interest in, or in any manner become a party to, any such bet or wager or provide or agree to pr…
Colo. Rev. Stat. § 31-10-1532 Tampering with notices or supplies
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Any person who, prior to a municipal election, willfully defaces, removes, or destroys any notice of election posted in accordance with the provisions of this article 10, or who, during an election, willfully defaces, removes, or destroys any card of instruction or sample ballot …
Colo. Rev. Stat. § 31-10-1534 Tampering with voting machine
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Any person who tampers with a voting machine before, during, or after any municipal election with intent to change the tabulation of votes thereon to reflect other than an accurate accounting commits a class 1 misdemeanor. Source: L. 75: Entire title R&RE, p. 1075, � 1, effective…
Colo. Rev. Stat. § 31-10-1535 Interference with election official
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Any person who at any municipal election intentionally interferes with any election official in the discharge of the election official's duty, or who induces any election official to violate or refuse to comply with the election official's duty, or who aids, counsels, procures, a…
Colo. Rev. Stat. § 31-10-1536 Unlawful qualification as taxpaying elector
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It is unlawful to take or place title to property in the name of another, or to pay the taxes, or to take or issue a tax receipt in the name of another for the purpose of attempting to qualify such person as a qualified taxpaying elector, or to aid or assist any person to do so. …
Colo. Rev. Stat. § 31-10-1537 Absentee voting
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Any election official or other person who knowingly violates any of the provisions of this article 10 relative to the casting of absent voters' ballots or who aids or abets fraud in connection with any absent vote cast or to be cast commits a class 2 misdemeanor. Source: L. 75: E…
Colo. Rev. Stat. § 31-10-1538 Article to be liberally construed
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This article shall be liberally construed so that all legally registered electors may be permitted to vote and so that fraud and corruption in municipal elections may be prevented. Source: L. 75: Entire title R&RE, p. 1076, � 1, effective July 1. Editor's note: This section is si…
Colo. Rev. Stat. § 31-10-1539 Applicability
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(1) This article shall apply to regular and special municipal elections. (2) This article shall not apply to cities, towns, or cities and counties having home rule, but any such city, town, or city and county may adopt all or any part of this article by reference. Source: L. 75: …
Colo. Rev. Stat. § 31-10-1540 Political campaign signs - restrictions. (Repealed)
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Source: L. 75: Entire title R&RE, p. 1076, � 1, effective July 1. L. 79: Entire section repealed, p. 293, � 1, effective June 7. Editor's note: Before its repeal, this section was similar to former � 31-10-1340 as it existed prior to 1975.
Colo. Rev. Stat. § 31-10-201 Qualifications of municipal electors
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(1) Every person who has attained the age of eighteen years possessing the following qualifications is entitled to register to vote at all municipal elections: (a) He is a citizen of the United States. (b) The person is a resident of the municipal precinct and has resided in this…