C.R.S. Section 1-4-909
Protest of designations and nominations

(1)

A petition or certificate of designation or nomination that has been verified and appears to be sufficient under this code shall be deemed valid unless a petition for a review of the validity of the petition pursuant to section 1-1-113 is filed with the district court within five days after the election official’s statement of sufficiency is issued or, in the case of a certificate of designation, within five days after the certificate of designation is filed with the designated election official.

(1.5)

If the election official determines that a petition is insufficient, the candidate named in the petition may petition the district court within five days for a review of the determination pursuant to section 1-1-113.

(1.7)

Intentionally left blank —Ed.

(a)

If a candidate submits a petition to the secretary of state at least fourteen days prior to the deadline to submit the petition and the secretary of state determines that the petition is insufficient, then the petition is insufficient unless the candidate files a protest in writing under oath in the office of the secretary of state within seven days after the secretary of state determined the petition was insufficient.

(b)

In the protest, the candidate must identify with particularity the signature lines that the candidate believes the secretary of state should have accepted but that the secretary of state rejected. A candidate may not include in the protest signature lines that the secretary of state rejected solely for a signature discrepancy under section 1-4-908 (1.5) that the candidate did not cure.

(c)

After a candidate files a protest, the secretary of state may convene a hearing, which must be held before the secretary of state or a designee of the secretary of state is appointed as the hearing officer. The secretary of state shall provide notice of the date and time of the hearing to the candidate by e-mail or mail no later than five days prior to the hearing. The testimony in every hearing must be under oath. The hearing must be summary and not subject to delay.

(d)

The candidate filing a protest has the burden of sustaining the protest by a preponderance of the evidence. In determining whether any signature line should be accepted or rejected, the secretary of state may consider whether the signature on the petition matches the signature of the eligible elector identified by the candidate and whether the signer otherwise substantially complied with the requirements of this section when signing the petition. The secretary of state shall decide the protest no later than seven days before the deadline to certify ballot content pursuant to section 1-5-203 (1) for candidates to be placed on the primary election ballot and no later than fourteen days before the deadline to certify ballot content pursuant to section 1-5-203 (1) for any other candidate in any other election.

(e)

The decision upon matters of substance is open to review, if application is made within five days, in the manner provided in section 1-1-113, to the district court. The remedy in all cases must be summary, and the decision of any court having jurisdiction is final and not subject to review by any other court; except that the supreme court, in the exercise of its discretion, may review any judicial proceeding as provided in section 1-1-113.

(2)

This section does not apply to any nomination made at a primary election.

Source: Section 1-4-909 — Protest of designations and nominations, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-01.­pdf (accessed Oct. 20, 2023).

1‑4‑101
Primary elections - when - nominations - expenses 1‑4‑102
Methods of placing names on primary ballot 1‑4‑103
Order of names on primary ballot 1‑4‑104
Party nominees 1‑4‑104.5
Primary election canceled - when 1‑4‑105
Defeated candidate ineligible 1‑4‑201
Time of holding general election 1‑4‑202
United States senators 1‑4‑203
Representatives in congress 1‑4‑204
State and district officers 1‑4‑205
County commissioners 1‑4‑206
Other county officers 1‑4‑301
Time of holding presidential elections 1‑4‑302
Party nominations to be made by convention 1‑4‑304
Presidential electors 1‑4‑305
Compensation 1‑4‑401
Time of congressional vacancy elections 1‑4‑401.5
Special congressional vacancy election - continuity in representation - rules 1‑4‑402
Nominations of political party candidates 1‑4‑403
Nomination of unaffiliated candidates for congressional vacancy election 1‑4‑404
Nomination and acceptance of candidate 1‑4‑501
Only eligible electors eligible for office 1‑4‑502
Methods of nomination for partisan candidates 1‑4‑503
Method of nomination for nonpartisan candidates 1‑4‑504
Documents are public records 1‑4‑601
Designation of candidates for primary election - definition 1‑4‑602
Delegates to party assemblies - definition 1‑4‑603
Designation of major political party candidates by petition 1‑4‑604
Filing of petitions and certificates of designation by assembly - legislative declaration 1‑4‑605
Order of names on primary ballot 1‑4‑701
Party nominations to be made by convention 1‑4‑702
Nominations of candidates for general election by convention 1‑4‑801
Designation of party candidates by petition 1‑4‑802
Petitions for nominating minor political party and unaffiliated candidates for a partisan office 1‑4‑803
Petitions for nominating school district directors 1‑4‑805
Petitions for nominating municipal candidates in coordinated elections 1‑4‑806
Preregistrants eligible to sign petitions 1‑4‑901
Designation of petition 1‑4‑902
Form of petition 1‑4‑903
Approval of petition 1‑4‑904
Signatures on the petitions 1‑4‑905
Circulators - requirements - affidavits - notarization - training 1‑4‑905.5
Petition entities - requirements - violations - definitions 1‑4‑906
Candidate’s acceptance 1‑4‑907
Filing of petition 1‑4‑908
Review of petition - signature verification - notification - cure - rules 1‑4‑909
Protest of designations and nominations 1‑4‑911
Review of a protest 1‑4‑912
Cure - rules 1‑4‑1001
Withdrawal or disqualification from candidacy 1‑4‑1002
Vacancies in major party designation up to the sixty-eighth day before primary election day 1‑4‑1003
Vacancies in major party designation occurring between the sixty-seventh day before a primary election and the earliest day to mail primary election ballots 1‑4‑1004
Vacancies in major party designation occurring from the day after the earliest day to mail primary election ballots through primary election day 1‑4‑1005
Vacancies in major party nomination occurring from the day after primary election day through the earliest day to mail general election ballots 1‑4‑1006
Vacancies in major party nomination occurring from the day after the earliest day to mail general election ballots through general election day 1‑4‑1007
Vacancies in minor party designation or nomination 1‑4‑1008
Vacancies in unaffiliated designation or nomination 1‑4‑1009
Vacancies in school district director nomination 1‑4‑1010
Vacancies in office occurring from the sixty-eighth day prior to primary election day through the earliest day to mail general election ballots 1‑4‑1011
Vacancies of joint gubernatorial candidates - process for filling vacancy in nomination for office of lieutenant governor 1‑4‑1012
Remote participation in vacancy committee meetings 1‑4‑1101
Write-in candidate affidavit of intent 1‑4‑1102
Time of filing affidavit 1‑4‑1103
Write-in votes for governor, president 1‑4‑1201
Declaration 1‑4‑1202
Definitions 1‑4‑1203
Presidential primary elections - when - conduct 1‑4‑1204
Names on ballots 1‑4‑1205
Write-in candidate affidavit for presidential primary 1‑4‑1206
Presidential primary ballots - survey of returns 1‑4‑1207
Election results - certification - pledging of delegates 1‑4‑1301
Formation of minor political party 1‑4‑1302
Petition to qualify as a minor political party 1‑4‑1303
Qualifications to nominate by constitution or bylaws 1‑4‑1304
Nomination of candidates 1‑4‑1305
Disqualification of minor political party 1‑4‑1401
Legislative declaration 1‑4‑1402
Applicability of part 1‑4‑1403
Referral of question in single-county judicial districts 1‑4‑1404
Referral of question in multiple-county judicial districts 1‑4‑1405
Coordinated or general election ballot 1‑4‑1406
County clerk and recorder designated election official - certification of results to secretary of state 1‑4‑1407
Initiative - petition 1‑4‑1408
Prior actions not affected
Green check means up to date. Up to date

Current through Fall 2024

§ 1-4-909’s source at colorado​.gov