HomeMy WebLinkAbout1983-05-18 Memo RE- Contest of Elections,
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MEMO
TO: Mayor Otis and Members of City Council
Andy Mccown, City Manager
Gary R. Higbee, ex officio City Clerk-Treasurer .,.......--
DATE: May 18, 1 983
RE: Contest of Elections
T h e Engl e wood Horn e Rule Charter, Section 10, states:
"All municipal elections shall be governed
by the provisions of the Colorado Municipal
Election Laws, and as hereafter amended or
modified except as otherwise provided in
this Charter."
The City of Englewood has not enacted either a specific charter
or ordinance provision relating to the contest of elections.
Consequently, the Colorado Municipal Election Code of 1969,
as amended, governs this matter.
Colorado Revised Statutes (C.R.S.) 77 revision, 31-10-1301,
indicates who may contest an election and the cause therefor.
In summary, it is as follows:
1) Any election may be contested by any qualified
elector of the municipality.
2) Cause. An election may only be contested for the
following causes (in summary):
a. The subject matter is not eligible for election.
b. Illegal votes have been received or legal votes
rejected in sufficient numbers to change the
result.
c. An error or mistake which would be sufficient
to change the result.
d. For malconduct, fraud, corruption on the part
of an election official that would change the
result.
e . For any other cause that showed that another
result is legally correct.
Colorado Revised Statutes 1977 Revision, 31-10-1302, r e q uir e s t h ut
an action be filed in the District Court (in the case of Englewoo d ,
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Mayor Otis and Members of City Council
Andy Mccown, City Manager
Gary R. Higbee, ex officio City Clerk-Treasurer
Page 2
May 18, 1983
in the District Court in and for the County of Arapahoe) setting
forth the reasons for the contested election, and the filing of
a bond. The bond will be with sureties and also conditioned
in such an amount to pay all costs.
The statement must be filed within ten days after the votes
were canvassed. The District Judge shall cause testimony to be
taken at the appropriate time.
A r ecount is permitted only if the trial judge orders the same
to be made.
SUMMA RY:
A recount is permitted only pursuant to the order of a court of
competent jurisdiction .
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