Rule 100 - Contested Elections(a)Statement of Contest; Presidential Electors; Where Filed. Any qualified elector wishing to contest the election of any person to the office of presidential elector shall within 24 days after the general election, notwithstanding the fact that a recount may be ongoing, file in the office of the secretary of state a written statement of the contestor's intention to contest, which statement shall set forth: (1) The name of the contestor;(2) the name of the contestee; (4) the time of the election; and(5) the particular cause of contest. The statement shall be verified by the affidavit or declaration of the contesting party. In addition, by the same deadline, the contestor, or someone in behalf of the person for whose benefit the contest is made, shall also file a Petition Pursuant to C.R.C.P. 100 in the office of the clerk of the supreme court. The supreme court shall prioritize such a contest over all regular business of the court so that election results are determined as soon as practicable and will rule on the contest before the deadline to issue and submit the certificate of ascertainment pursuant to the requirements of the federal Electoral Count Reform and Presidential Transition Improvement Act of 2022, 3 U.S.C. § 5.(b)Statement of Contest; Other Offices; Where Filed. Any qualified elector wishing to contest the retention of any person to the office of supreme court justice, court of appeals judge, district, or county judge, shall within 35 days after the canvass of the secretary of state, in the case of a supreme court justice, court of appeals judge, or district judge, file in the office of the secretary of state a written statement of the contestor's intention to contest, and where the contest is for the office of county judge, such statement shall be filed in the office of the county clerk of the proper county within 35 days after the canvass by the county board of canvassers. The written statement shall set forth:(1) The name of the contestor;(2) the name of the contestee;(4) the time of the election; and(5) the particular cause of contest. The statement shall be verified by the affidavit or declaration of the contesting party. The contestor, or someone in behalf of the person for whose benefit the contest is made, shall, within 35 days after the filing of the statement of contest, file a Petition Pursuant to C.R.C.P. 100 in the office of the clerk of the supreme court when the contest relates to a supreme court justice; in the office of the clerk of the court of appeals when the contest relates to a court of appeals judge; or in the office of the clerk of the district court in the proper county when the contest relates to a district or county judge.(c)Determination. When the case is at issue, the court shall hear and determine the same in a summary manner, without the intervention of a jury. Source: Entire rule amended and adopted December 14, 2011, effective 1/1/2012, for all cases pending on or filed on or after January 1, 2012, pursuant to C.R.C.P. 1(b); amended and adopted by the Court, En Banc, October 2, 2024, effective 10/2/2024 effective immediately. Judges of courts of record, except Denver county judges, are appointed to office pursuant to section 20 of article VI and are elected pursuant to section 25 of article VI of the state constitution.
Annotation Annotator's note. Since section (b) of this rule supplanted rule 87 of the former Supreme Court Rules, cases construing that rule have been included in the annotations to this rule. Election contests, for whatever office, necessarily are and must be summary. Gunson v. Baldauf, 88 Colo. 436, 297 P. 516 (1931). The method of procedure to be followed depends upon the office sought to be contested. Gunson v. Baldauf, 88 Colo. 436, 297 P. 516 (1931). The sufficiency of a complaint may be questioned by motion. Gunson v. Baldauf, 88 Colo. 436, 297 P. 516 (1931). The incorporation of the notice of contest in contestor's petition, without further allegation of facts, does not constitute a statement of the grounds of contest as required by this rule and by logical pleading. Sparks v. Eldred, 78 Colo. 55, 239 P. 730 (1925).
For election contests, see part 2 of article 11 of title 1, C.R.S.; for canvassing of votes, see article 10 of title 1, C.R.S.