(1) A judgment against the contestor pursuant to the provisions of sections 1-11-211 and 1-11-212, concerning election of a candidate or determination of a ballot question, shall provide that the contestor is liable for all fees incurred in the contested election by all contestees, including reasonable costs and attorney fees.
(2) A judgment against the contestor pursuant to the provisions of sections 1-11-211 and 1-11-212, concerning the determination of a ballot issue, or pursuant to section 1-11-212.5, concerning the determination of a ballot issue that includes approval of the creation of any debt or other financial obligation, shall provide that the contestor is liable for all fees incurred in the contested election by all contestees, including reasonable costs and attorneys fees, but a judgment for costs and fees shall be awarded in favor of the state or a political subdivision only if the suit is ruled frivolous, as provided in article 17 of title 13, C.R.S.
Source: L. 92: Entire article R&RE, p. 793, § 14, effective January 1, 1993. L. 94: Entire section amended, p. 1178, § 69, effective July 1. L. 2003: (2) amended, p. 750, § 4, effective August 6.
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