§ 1-11-208.5 — Certification of questions to administrative law judge

Colorado § 1-11-208.5

• Jurisdiction: Colorado
• Title 01: Elections
• Art.: Certificates of Election and Election Contests

Text

(1) The
house of the general assembly in which any contest for senator or representative,
as applicable, is to be tried shall certify questions to the office of administrative
courts for referral to an administrative law judge. The questions shall relate
exclusively to the election returns in the district and the number of votes cast for
each of the candidates for the contested seat. No question may be certified
regarding the eligibility or qualification of any person for the contested office.

(2) Upon certification pursuant to subsection (1) of this section, the house of
the general assembly in which the contest is to be tried shall transmit to the
administrative law judge any papers submitted by the secretary of state pursuant
to section 1-11-210 or any other documents submitted to that house in connection
with the election contest.

(3) The administrative law judge shall have jurisdiction to make findings of
fact on the questions certified by a house of the general assembly pursuant to
subsection (1) of this section. Further evidence upon the points specified in such
questions may be submitted by the contestor, the contestee, or both, in such
contest. The administrative law judge may take and consider such additional
evidence but shall limit its findings of fact to the questions certified.

(4) Any issues of law or findings of fact decided in a prior judicial proceeding
that affect a party that contests an election for state senator or representative
pursuant to section 1-11-208 shall not be conclusive upon an administrative law
judge conducting fact finding or making recommendations pursuant to this section.

(5) The administrative law judge shall hold a hearing within twenty days after
the date that questions were certified to the administrative law judge pursuant to
subsection (1) of this section. The administrative law judge's findings of fact and
recommendations shall be completed not more than ten days after the date of the
hearing. Such findings of fact and recommendations shall take precedence over all
other business of the administrative law judge.

(6) (a) If the administrative law judge finds that, based on a preponderance of
the evidence, an accurate and verifiable vote count can be determined in the
contested district showing that a person had the highest number of votes cast in
the district for the contested state senate or state house of representatives seat,
the administrative law judge shall make recommendations to the house that
certified the questions, including, but not limited to, that such person be seated as
the senator or representative from the contested district.

(b) If the administrative law judge finds that, based on a preponderance of
the evidence, irregularities in the votes cast or counted in the district for the
contested state senate or state house of representatives seat both prevented an
accurate and verifiable vote count and may have directly affected the outcome of
the election, the administrative law judge shall make recommendations to the
house that certified the questions, including, but not limited to, that such house
further resolve the election contest or call a special legislative election pursuant to
section 1-11-303.

(7) The administrative law judge shall transmit all the files and records of the
proceedings to the presiding officer of the house in which the contest for senator or
representative was filed.

(8) The administrative law judge's findings of fact and recommendations
shall be final and not be subject to review by any other court.

(9) Upon receipt of such findings of fact and recommendations, the house in
which the contest for senator or representative arose may take appropriate action,
including, but not limited to:

(a) A trial of the election contest;

(b) Declaration of the duly elected member in the contested district in
accordance with the findings of the administrative law judge; or

(c) Adoption of a resolution pursuant to section 1-11-302 calling for a special
legislative election.

Legislative History

Source: L. 99: Entire section added, p. 1385, � 3, effective June 4. L. 2005: (1) amended, p. 853, � 6, effective June 1.