§ 2-2-303 — Committee on credentials - permanent organization

Colorado § 2-2-303

• Jurisdiction: Colorado
• Title 02: Legislative
• Art.: General Assembly

Text

(1) When the
houses are temporarily organized, the presiding officer in each house, with the
consent of said house, shall appoint a committee of three members thereof to
report upon the credentials of those claiming to be elected members of their
respective houses. When the report is made, those reported as elected shall
proceed to the permanent organization of their respective houses; except that a
committee on credentials may recommend that a person be seated as a member of
the general assembly pursuant to subsection (2) of this section pending the
outcome of an election contest or special legislative election called pursuant to
section 1-11-303, C.R.S. Each house will be the sole judge of the election returns and
qualifications of its own members.

(2) (a) In the event that the election of any person as a member of the state
senate or the state house of representatives at any general election held in
November, 2000, or thereafter is contested pursuant to section 1-11-208, C.R.S., a
committee on credentials may recommend to the state senate or the state house of
representatives that the person who is certified by the secretary of state as the
member elected in such state senate or state house of representatives district be
seated or may recommend to the state senate or the state house of representatives
that a contestor or contestee in such contest who was a candidate in such election
and who is not certified by the secretary of state be seated pending the outcome of
the election contest or a special legislative election called pursuant to section 1-11-303, C.R.S., if:

(I) An accurate and verifiable vote count showing the person having the
highest number of votes cast in the district for the contested state senate or the
state house of representatives seat cannot be obtained from the election returns;
and

(II) The inability to obtain an accurate and verifiable vote count may have
directly affected the outcome of the election.

(b) Any person that a credentials committee recommends be seated
pursuant to paragraph (a) of this subsection (2) shall have all the rights, powers,
and duties of a duly elected member of the general assembly pending the outcome
of an election contest or a special legislative election called pursuant to section 1-11-303, C.R.S.

(3) A committee on credentials that makes a recommendation pursuant to
subsection (2) of this section may, in such committee's report under subsection (1)
of this section, make recommendations to the house in which the contest was
initiated on matters arising from such contest, including, but not limited to:

(a) That the election contest be resolved by the committee on credentials of
such house;

(b) That such house call a special legislative election pursuant to section 1-11-303, C.R.S.;

(c) That the election contest be referred to a committee of reference in such
house to make recommendations on the resolution of the contest or for the purpose
of determining whether a special legislative election should be called pursuant to
section 1-11-303, C.R.S.

Legislative History

Source: G.L. � 1292. G.S. � 1577. R.S. 08: � 2897. C.L. � 4. CSA: C. 74, � 4. CRS 53: � 63-2-3. C.R.S. 1963: � 63-2-3. L. 65: p. 684, � 2. L. 99: Entire section amended, p. 1383, � 1, effective June 4.