§ 1-11-203 — Contests arising out of primary elections

(1) All election contests
arising out of a primary election, except contests for national or state offices, shall
be summarily adjudicated by the district court sitting for the political subdivision
within which a contest arises. The court which first acquires jurisdiction of any
contest shall have original jurisdiction, subject to appellate review as provided by
law and the Colorado appellate rules. In all cases involving contests for state
offices, the supreme court shall take original jurisdiction for the purpose of
summarily adjudicating any contest.

(2) Every contest shall be instituted by verified petition to the proper court,
setting forth the grounds for the contest. The petition shall be filed and a copy
served on the contestee within five days after the occurrence of the grounds of the
contest. The contestee shall answer under oath within five days after service. If the
petition cannot be personally served within the state on the contestee, service may
be made by leaving a copy of the petition with the clerk of the court having original
jurisdiction of the controversy or contest who shall search for the contestee so that
an answer may be filed. Upon the expiration of the time for the answer, the court
having jurisdiction of the contest shall forthwith set the matter for trial on the
merits and shall summarily adjudicate it.

Legislative History

Source: L. 92: Entire article R&RE, p. 786, � 14, effective January 1, 1993.