(1) The designated election official shall correct without delay any errors in publication or in sample or official ballots which are discovered or brought to the official's attention and which can be corrected without interfering with the timely distribution of the ballots.
When it appears by verified petition of a candidate or the candidate's agent to anydistrict court that any error or omission has occurred in the publication of the names or description of the candidates or in the printing of sample or official election ballots which has been brought to the attention of the designated election official and has not been corrected, the court shall issue an order requiring the designated election official to correct the error forthwith or to show cause why the error should not be corrected. Costs, including reasonable attorney fees, may be assessed in the discretion of the court against either party.
If, before the date set for election, a duly nominated candidate withdraws by filing anaffidavit of withdrawal with the designated election official, or dies and the fact of the death becomes known to the designated election official before the ballots are printed, or is deemed disqualified, the name of the candidate shall not be printed on the ballots. Except in the case of a vacancy to be filled in accordance with section 1-4-1005, 1-4-1006, or 1-4-1009, if the ballots are already printed, the votes cast for the withdrawn, deceased, or disqualified candidate are invalid and shall not be counted.
Source: L. 92: Entire article R&RE, p. 715, § 8, effective January 1, 1993. L. 99: (3) amended, p. 934, § 3, effective August 4. L. 2007: (3) amended, p. 1975, § 17, effective August 3. L. 2017: (3) amended, (SB 17-209), ch. 234, p. 963, § 9, effective August 9.
Editor's note: This section is similar to former § 1-6-409 as it existed prior to 1992.
Cross references: For taxing reasonable attorney fees in favor of the defendant when an action is vexatiously commenced, see C.R.C.P. 3(a).