§ C.R.S. § 1-9-101Challenge of illegal or fraudulent registration

(1) (a) Any registered elector
may, by written challenge, protest against the registration of any person whose name appears in a
county registration record. The written challenge shall state the precinct number, the name of the
challenged registrant, the basis for such challenge, the facts supporting the challenge, and some
documentary evidence to support the basis for the challenge, and shall bear the signature and
address of the challenger. The written challenge and supporting evidence shall be filed with the
county clerk and recorder no later than sixty days before any election. The county clerk and
recorder shall notify the registrant of the challenge and shall set a time and place for a hearing to
be held not later than thirty days after the filing of the challenge, at which hearing the challenged
registrant shall have the opportunity to appear. The person challenging the registration shall
appear and shall bear the burden of proof of the allegations in the challenge. The county clerk
and recorder shall conduct the hearing and receive testimony and evidence, shall render a
decision in accordance with paragraph (b) of this subsection (1) no later than five days
thereafter, and shall notify both parties of the decision.
(b) In rendering a decision, the county clerk and recorder has the following options:
(I) If the county clerk and recorder finds sufficient evidence to support the allegations in
the challenge, he or she shall cancel the registered elector's name from the statewide voter
registration system; or
(II) (Deleted by amendment, L. 2013.)
(III) If the county clerk and recorder finds no evidence or insufficient evidence to
support the allegations in the challenge, he or she shall deny the challenge to cancel the
registered elector's name from the statewide voter registration system.
(2) All appeals from the decision of the county clerk and recorder shall be to the district
court within three days after the decision is issued. The appellant shall file in the district court a
verified petition setting forth the facts presented at the hearing, the decision of the county clerk
and recorder, and the basis for the appeal. Within twenty-four hours, the clerk of the district
court shall mail to the other party a notice of the appeal and the time set for hearing, which shall
be not less than three days nor more than five days after the date of filing.
(3) The court shall hear the testimony and other evidence and investigate summarily and,
within forty-eight hours after the close of the evidence, determine whether or not the charges are
sustained. Only competent legal evidence may be received at the hearing or considered by the
court, and no name registered in accordance with law shall be canceled from the statewide voter
registration system unless it is proven that the challenged person does not reside at the address
provided by the person at the time of registration. No presumption may be made against any
person whose registration is challenged merely because of the failure of that person to attend the
Colorado Revised Statutes 2024
Page 325 of 561
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hearing. The court has the power to subpoena any person as a witness at the hearing and make
any necessary investigation to ascertain the truth of any of the charges in the petition if the
method of the investigation does not cause unnecessary delay or interfere with the final
disposition of the cause within the time provided for in this section. The hearing on any petition
is summary and final and is not subject to delay. At the close of the hearing, the court shall
announce the names in the petition as to which the charges have been sustained and shall direct
the clerk of the court to certify forthwith to the county clerk and recorder the lists of names of
those persons, with their addresses, arranged alphabetically and according to precinct. The
county clerk and recorder, upon receipt of the list from the court, shall forthwith cancel those
names from the statewide voter registration system for the proper precinct with the notation that
the names were canceled pursuant to court order, giving the date of the order. The decision of the
court is final, and no appeal lies to any other court; except that the supreme court, in the exercise
of its discretion, may review any such proceedings in a summary way.
Modernized Elections Act". For the short title and the legislative declaration, see sections 1 and
2 of chapter 185, Session Laws of Colorado 2013.
PART 2
CHALLENGES TO VOTING