§ 1-9-101 — Challenge of illegal or fraudulent registration

Colorado § 1-9-101

• Jurisdiction: Colorado
• Title 01: Elections
• Art.: Challenges

Text

(1) (a) Any
registered elector may, by written challenge, protest against the registration of any
person whose name appears in a county registration record. The written challenge
shall state the precinct number, the name of the challenged registrant, the basis for
such challenge, the facts supporting the challenge, and some documentary
evidence to support the basis for the challenge, and shall bear the signature and
address of the challenger. The written challenge and supporting evidence shall be
filed with the county clerk and recorder no later than sixty days before any election.
The county clerk and recorder shall notify the registrant of the challenge and shall
set a time and place for a hearing to be held not later than thirty days after the
filing of the challenge, at which hearing the challenged registrant shall have the
opportunity to appear. The person challenging the registration shall appear and
shall bear the burden of proof of the allegations in the challenge. The county clerk
and recorder shall conduct the hearing and receive testimony and evidence, shall
render a decision in accordance with paragraph (b) of this subsection (1) no later
than five days thereafter, and shall notify both parties of the decision.

(b) In rendering a decision, the county clerk and recorder has the following
options:

(I) If the county clerk and recorder finds sufficient evidence to support the
allegations in the challenge, he or she shall cancel the registered elector's name
from the statewide voter registration system; or

(II) (Deleted by amendment, L. 2013.)

(III) If the county clerk and recorder finds no evidence or insufficient
evidence to support the allegations in the challenge, he or she shall deny the
challenge to cancel the registered elector's name from the statewide voter
registration system.

(2) All appeals from the decision of the county clerk and recorder shall be to
the district court within three days after the decision is issued. The appellant shall
file in the district court a verified petition setting forth the facts presented at the
hearing, the decision of the county clerk and recorder, and the basis for the appeal.
Within twenty-four hours, the clerk of the district court shall mail to the other party
a notice of the appeal and the time set for hearing, which shall be not less than
three days nor more than five days after the date of filing.

(3) The court shall hear the testimony and other evidence and investigate
summarily and, within forty-eight hours after the close of the evidence, determine
whether or not the charges are sustained. Only competent legal evidence may be
received at the hearing or considered by the court, and no name registered in
accordance with law shall be canceled from the statewide voter registration system
unless it is proven that the challenged person does not reside at the address
provided by the person at the time of registration. No presumption may be made
against any person whose registration is challenged merely because of the failure
of that person to attend the hearing. The court has the power to subpoena any
person as a witness at the hearing and make any necessary investigation to
ascertain the truth of any of the charges in the petition if the method of the
investigation does not cause unnecessary delay or interfere with the final
disposition of the cause within the time provided for in this section. The hearing on
any petition is summary and final and is not subject to delay. At the close of the
hearing, the court shall announce the names in the petition as to which the charges
have been sustained and shall direct the clerk of the court to certify forthwith to
the county clerk and recorder the lists of names of those persons, with their
addresses, arranged alphabetically and according to precinct. The county clerk and
recorder, upon receipt of the list from the court, shall forthwith cancel those names
from the statewide voter registration system for the proper precinct with the
notation that the names were canceled pursuant to court order, giving the date of
the order. The decision of the court is final, and no appeal lies to any other court;
except that the supreme court, in the exercise of its discretion, may review any
such proceedings in a summary way.

Legislative History

Source: L. 80: Entire article R&RE, p. 380, � 1, effective January 1, 1981. L. 87: (1) and (3) amended, p. 295, � 29, effective June 26. L. 89: (3) amended, p. 309, � 20, effective May 9. L. 91: (1)(b)(II) amended, p. 637, � 76, effective May 1. L. 92: Entire article amended, p. 771, � 12, effective January 1, 1993. L. 93: (1)(b)(II) amended, p. 1769, � 16, effective June 6. L. 97: (1)(b)(II) amended, p. 477, � 21, effective July 1. L. 99: (1)(a) amended, p. 778, � 63, effective May 20. L. 2000: (1)(a) amended, p. 301, � 1, effective August 2. L. 2013: (1)(b) amended, (HB 13-1303), ch. 185, p. 745, � 111, effective May 10. L. 2016: (1)(b)(I), (1)(b)(III), and (3) amended, (SB 16-142), ch. 173, p. 585, � 59, effective May 18.