Statute text

(1) No person except an eligible elector who is at least eighteen years of age, unless another age is required by law, is eligible to hold any office in this state. No person is eligible to be a designee or candidate for office unless that person fully meets the qualifications of that office as stated in the constitution and statutes of this state on or before the date the term of that office begins. The designated election official shall not certify the name of any designee or candidate who fails to swear or affirm under oath that he or she will fully meet the qualifications of the office if elected and who is unable to provide proof that he or she meets any requirements of the office relating to registration, residence, or property ownership. The information found on the person's voter registration record is admissible as prima facie evidence of compliance with this section.

(2) No person is eligible to be a candidate for more than one office at one time; except that this subsection (2) does not apply to memberships on different special district boards. This subsection (2) shall not prohibit a candidate or elected official of any political subdivision from being a candidate or member of the board of directors of any special district or districts in which he or she is an eligible elector, unless otherwise prohibited by law.

(3) The qualification of any candidate may be challenged by an eligible elector of the political subdivision within five days after the designated election official's statement is issued that certifies the candidate to the ballot. The challenge shall be made by verified petition setting forth the facts alleged concerning the qualification of the candidate and shall be filed in the district court in the county in which the political subdivision is located. The hearing on the qualification of the candidate shall be held in not less than five nor more than ten days after the date the election official's statement is issued that certifies the candidate to the ballot. The court shall hear the testimony and other evidence and, within forty-eight hours after the close of the hearing, determine whether the candidate meets the qualifications for the office for which the candidate has declared. Provisions of section 13-17-101, C.R.S., regarding frivolous, groundless, or vexatious actions shall apply to this section.

History

Source: L. 92: Entire part R&RE, p. 677, § 5, effective January 1, 1993. L. 94: (2) amended, p. 1153, § 12, effective July 1. L. 95: Entire section amended, p. 829, § 27, effective July 1.

Annotations

Editor's note: This section was contained in a part that was repealed and reenacted in 1980 and 1992. Provisions of this section, as it existed in 1992, are similar to those contained in 1-4-501 as said section existed in 1991, the year prior to the most recent repeal and reenactment of this part. Provisions of this section, as it existed in 1980, are similar to those contained in 1-2-105 as said section existed in 1979, the year prior to the first repeal and reenactment of this part.

Annotations

Cross references: For electors only eligible to office, see also § 6 of art. VII, Colo. Const.; for disqualifications from holding office of trust or profit, see § 4 of art. XII, Colo. Const.

Annotations

ANNOTATION

Annotations

Am. Jur.2d. See 26 Am. Jur.2d, Elections, § 251.

C.J.S. See 29 C.J.S., Elections, § 130.

Annotator's note. The following annotations include cases decided under former provisions similar to this section.

One obtaining office illegally, guilty only of misdemeanor, not disqualified. People ex rel. Thomas v. Goddard, 8 Colo. 432, 7 P. 301 (1885).

Section does not conflict with § 4 of art. V, Colo. Const. Romero v. Sandoval, 685 P.2d 772 (Colo. 1984).