(1) In conducting any election contest for any of the offices named in section 1-11-205, the following rules apply:
(a) On the appointed day and hour, the general assembly, with its proper officers, shall convene in joint session.
(b) The president of the senate shall preside; but, when the president is the contestee, the president pro tempore of the senate shall preside.
(c) The parties to the contest shall then be called by the secretary of the senate. If they answer, their appearance shall be recorded.
(d) The testimony of the contestor shall be introduced first, followed by the testimony of the contestee. After the testimony has been presented on both sides, the contestor or contestor's counsel may open the argument, and the contestee or counsel may then proceed to make a defense, and the contestor may be heard in reply.
(e) After the arguments by the parties are completed, any member of the joint session may offer the reasons for the member's intended vote. The session may limit the time for argument and debate.
(f) The secretary of the senate shall keep a regular journal of the proceedings. The decision shall be taken by a call of the members, and a majority of all the votes given shall prevail.
Source: L. 92: Entire article R&RE, p. 787, § 14, effective January 1, 1993.
Editor's note: This section is similar to former § 1-11-205 as it existed prior to 1992.
Structure Colorado Code
Article 11 - Certificates of Election and Election Contests
§ 1-11-202. Who May Contest Election
§ 1-11-203. Contests Arising Out of Primary Elections
§ 1-11-204. Contests for Presidential Elector
§ 1-11-205. Contests for State Officers
§ 1-11-206. Evidence in Contests for State Officers
§ 1-11-207. Rules for Conducting Contests for State Officers
§ 1-11-208. Contests for State Senator or Representative
§ 1-11-208.5. Certification of Questions to Administrative Law Judge
§ 1-11-209. Depositions in Contests for State Senator or Representative
§ 1-11-210. Secretary of State to Transmit Papers in Contests for State Senator or Representative
§ 1-11-211. Contests for District Attorneys
§ 1-11-212. Contests for County and Nonpartisan Officers - Ballot Issues and Ballot Questions
§ 1-11-212.5. Contests Concerning Bond Elections
§ 1-11-213. Rules for Conducting Contests in District Court
§ 1-11-214. Trial and Appeals in Contests for County and Nonpartisan Elections
§ 1-11-215. Recount in Contests for County and Nonpartisan Elections
§ 1-11-216. Judgment in Contests for County and Nonpartisan Elections
§ 1-11-216.5. Judgment in Election Contests - Creation of Financial Obligation