§ C.R.S. § 1-11-208.5Certification of questions to administrative law judge

(1) The house of
the general assembly in which any contest for senator or representative, as applicable, is to be
tried shall certify questions to the office of administrative courts for referral to an administrative
law judge. The questions shall relate exclusively to the election returns in the district and the
number of votes cast for each of the candidates for the contested seat. No question may be
certified regarding the eligibility or qualification of any person for the contested office.
(2) Upon certification pursuant to subsection (1) of this section, the house of the general
assembly in which the contest is to be tried shall transmit to the administrative law judge any
papers submitted by the secretary of state pursuant to section 1-11-210 or any other documents
submitted to that house in connection with the election contest.
(3) The administrative law judge shall have jurisdiction to make findings of fact on the
questions certified by a house of the general assembly pursuant to subsection (1) of this section.
Further evidence upon the points specified in such questions may be submitted by the contestor,
the contestee, or both, in such contest. The administrative law judge may take and consider such
additional evidence but shall limit its findings of fact to the questions certified.
(4) Any issues of law or findings of fact decided in a prior judicial proceeding that affect
a party that contests an election for state senator or representative pursuant to section 1-11-208
shall not be conclusive upon an administrative law judge conducting fact finding or making
recommendations pursuant to this section.
(5) The administrative law judge shall hold a hearing within twenty days after the date
that questions were certified to the administrative law judge pursuant to subsection (1) of this
section. The administrative law judge's findings of fact and recommendations shall be completed
not more than ten days after the date of the hearing. Such findings of fact and recommendations
shall take precedence over all other business of the administrative law judge.
(6) (a) If the administrative law judge finds that, based on a preponderance of the
evidence, an accurate and verifiable vote count can be determined in the contested district
showing that a person had the highest number of votes cast in the district for the contested state
senate or state house of representatives seat, the administrative law judge shall make
recommendations to the house that certified the questions, including, but not limited to, that such
person be seated as the senator or representative from the contested district.
(b) If the administrative law judge finds that, based on a preponderance of the evidence,
irregularities in the votes cast or counted in the district for the contested state senate or state
house of representatives seat both prevented an accurate and verifiable vote count and may have
directly affected the outcome of the election, the administrative law judge shall make
recommendations to the house that certified the questions, including, but not limited to, that such
house further resolve the election contest or call a special legislative election pursuant to section