District elections conducted on or prior to May 3, 2016 - limitations on contests based on elector qualifications - exceptions - validation - definitions.

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(1) (a) Except as provided in paragraph (c) of this subsection (1), for any district election conducted under this code or the "Colorado Local Government Election Code", article 13.5 of this title, and notwithstanding any provision of law to the contrary:

  1. No district election conducted prior to April 21, 2016, may be contested on the grounds that any person who voted at such election was not an eligible elector unless such a contest was initiated prior to April 21, 2016.

  2. No district election conducted on May 3, 2016, may be contested on the grounds thatany person who voted at such election was not an eligible elector unless such a contest was initiated within the time period specified in section 1-11-213 or section 1-13.5-1403, C.R.S., as applicable.

  1. Except when a contest to elector qualifications has been timely initiated as describedin this section, this section validates, ratifies, and confirms the qualifications of any person who voted at any district election held on or before May 3, 2016, notwithstanding any defects or irregularities in such qualifications.

  2. The bar to election contests in paragraph (a) of this subsection (1) does not apply to:

  1. Any district election conducted after January 1, 2012, if the contest to such election ismade on the grounds that federal or state constitutional rights of eligible electors were violated in the conduct of the election; or

  2. Any district election conducted before January 1, 2012, if the contest to such election was initiated prior to April 21, 2016.

(2) For purposes of this section, "district" means any district formed under part 5 of article 20 of title 30, part 6 of article 25 of title 31, part 8 of article 25 of title 31, part 12 of article 25 of title 31, or article 1 of title 32, C.R.S.

Source: L. 2016: Entire section added, (SB 16-211), ch. 174, p. 595, § 2, effective May 18.

Cross references: For the legislative declaration in SB 16-211, see section 1 of chapter 174, Session Laws of Colorado 2016.


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