First Regular Session
              Sixty-ninth General Assembly
                    STATE OF COLORADO
                                                 INTRODUCED
                                                           
                                                           
 LLS NO. 13-0656.01 Kate Meyer x4348     HOUSE BILL 13-1201
                    HOUSE SPONSORSHIP
 Buck,
 
                   SENATE SPONSORSHIP
 (None),
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 House Committees
 Senate Committees
 
 
 State, Veterans, & Military Affairs
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                         A BILL FOR AN ACT
       Concerning the relief that a court must order in specified
            election contests upon a showing that a certain
            quantum of illegal votes were cast.
       
       
                           Bill Summary
       
            (Note: This summary applies to this bill as introduced and does
       not reflect any amendments that may be subsequently adopted. If this bill
       passes third reading in the house of introduction, a bill summary that
       applies to the reengrossed version of this bill will be available at
       http://www.leg.state.co.us/billsummaries.)
       
            In election contests affecting county and nonpartisan races in
       which the contestor establishes that illegal votes were cast in a number
       greater than the margin of victory or within the margin required for a
       recount, the bill directs the judge presiding over the contest to,
       respectively, order a recount or invalidate the election and grant other
       appropriate relief.
       
       
       
       Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1.  In Colorado Revised Statutes, amend 1-11-215 as
       follows:
            1-11-215.  Recount or new election in contests for county and
       nonpartisan elections - when. (1) (a) (I)  If, at trial of any election
       contest as provided in section 1-11-214 and this section, the statement or
       counterstatement alleges an error in the abstract of votes cast sufficient
       to change the result, the district judge has the power to order a recount of
       the ballots cast or the votes tabulated in the precincts in which the alleged
       error was made.
            (II)  If, at trial of any election contest, the contestor
       establishes that illegal votes were cast in a number that, if
       invalidated, would place the election within the margin
       required for a recount pursuant to section 1-10.5-101, the court
       shall order a recount be held in accordance with article 10.5 of
       this title.
            (b)  If, at trial of any election contest, the contestor
       establishes that illegal votes were cast in a number equal to or
       greater than the margin of victory, the court shall declare the
       election invalid and grant other appropriate relief.
            (2)  The court may also require the production before it of
       witnesses, documents, records, and other evidence as may have or contain
       information regarding the legality of any vote cast or counted for either
       of the contesting candidates or a ballot issue or ballot question, or
       concerning the correct number of votes cast for a candidate or a ballot
       issue or ballot question.
            (3)  In case of a recount ordered pursuant to this section,
       the court may order the returns corrected in accordance with the evidence
       presented and the court's findings.
            SECTION 2.  Act subject to petition - effective date -
       applicability. (1)  This act takes effect at 12:01 a.m. on the day following
       the expiration of the ninety-day period after final adjournment of the
       general assembly (August 7, 2013, if adjournment sine die is on May 8,
       2013); except that, if a referendum petition is filed pursuant to section 1
       (3) of article V of the state constitution against this act or an item, section,
       or part of this act within such period, then the act, item, section, or part
       will not take effect unless approved by the people at the general election
       to be held in November 2014 and, in such case, will take effect on the
       date of the official declaration of the vote thereon by the governor.
            (2)  This act applies to election contests filed on or after the
       applicable effective date of this act.