§ 31-2-223 — Affidavit - evidence - protest procedure

Colorado § 31-2-223

• Jurisdiction: Colorado
• Title 31: Government
• Art.: Formation and Reorganization

Text

(1) All petitions to
initiate the adoption, amendment, or repeal of a home rule charter, including the
formation of a new charter commission, shall have attached thereto an affidavit of
the circulator of the petition stating that each signature on the petition is the
signature of the person whose name it purports to be and that to the best of the
knowledge and belief of the affiant each of the persons signing such petition was at
the time of signing a registered elector. A protest in writing, under oath, may be
filed in the office in which such petition has been filed by some registered elector of
the municipality or territory proposed to be incorporated within thirty days after
such petition is filed, setting forth with particularity the grounds of such protest
and the names protested. In such event the officer with whom such petition is filed
shall mail a copy of the protest to the persons named in such petition as
representing the signers thereof at the addresses therein given, together with a
notice fixing a time for hearing the protest not less than five nor more than twenty
days after such notice is mailed. If, at such hearing, such protest is denied in whole
or in part, the person filing the same, within ten days after such denial, may file an
amended protest, a copy of which shall be mailed to the persons named in the
petition and on which a hearing shall be held as in the case of the original protest;
but no person shall be entitled to amend an amended protest.

(2) All records and hearings shall be public, and all testimony shall be under
oath. The officer with whom such petition is filed shall have the power to issue
subpoenas to compel the attendance of witnesses and the production of
documents. Upon failure of any witness to obey the subpoena, the officer may
petition the district court, and, upon proper showing, the court may enter an order
compelling the witness to appear and testify or produce documentary evidence.
Failure to obey the order of court shall be punishable as a contempt of court.
Hearings shall be had as soon as is conveniently possible and must be concluded
within thirty days after the commencement thereof, and the result of such hearings
shall be certified to the persons representing the signers of such petition. In case
the petition is declared insufficient in form or number of signatures of registered
electors, it may be withdrawn by a majority in number of the persons representing
the signers of such petition and, within fifteen days after the insufficiency is
declared, may be amended or additional names signed thereto as in the first
instance and refiled as an original petition. The finding as to the sufficiency of any
petition may be reviewed by the district court of the county in which such petition is
filed, but any such review shall be timely made, and, upon application, the decision
of such court thereon shall be reviewed by the supreme court.

Legislative History

Source: L. 84: Entire section added, p. 834, � 5, effective April 25. L. 85: Entire section amended, p. 1348, � 18, effective April 30. L. 2000: (1) amended, p. 792, � 8, effective August 2.