(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; (3) the office; (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.
Rule 100.Contested Elections
Current through June 1, 2026 · Last verified July 10, 2026
In one sentenceRule 100 lays out how a qualified voter contests the election of a presidential elector or the retention of a Colorado supreme court justice, court of appeals judge, district judge, or county judge, setting strict filing deadlines and directing the court to decide the contest quickly and without a jury.
Full Text of Rule 100
(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; (3) the office; (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.
Amendment History
Amended effective January 1, 2012; October 2, 2024.
Plain-English Summary
Rule 100 gives a Colorado voter a way to challenge specific election results in court. Contesting a presidential elector's election runs on a tight clock: the voter must file a written, verified statement of contest with the secretary of state within 24 days of the general election, and file a companion petition with the clerk of the supreme court by that same deadline. Because federal law sets a hard deadline for certifying presidential electors, the rule directs the supreme court to prioritize the case over its other business.
Challenging the retention of a supreme court justice, court of appeals judge, district judge, or county judge follows a longer timeline: the voter files a statement of contest within 35 days after the relevant canvass (with the secretary of state for judicial offices generally, or the county clerk for a county judge), then files a petition within 35 more days with the clerk of whichever court has jurisdiction over that office.
Both types of contest set out the same core facts — who is contesting, who is being contested, the office, the timing of the election, and the specific grounds — verified under oath. Once the case is at issue, the court hears and resolves it in a summary manner, without a jury.
Frequently Asked Questions
How long does a voter have to contest a presidential elector's election?
Within 24 days after the general election, the voter must file a verified statement of contest with the secretary of state and a companion petition with the clerk of the supreme court.
What is the deadline for contesting a judge's retention election?
A voter has 35 days after the relevant canvass to file a statement of contest, then 35 more days to file a petition with the clerk of the court that has jurisdiction over that judicial office.
Does a jury decide a contested election case?
No. Once the case is at issue, the court hears and determines it in a summary manner without a jury.
What must a statement of contest include?
It must name the contestor and the contestee, identify the office and the time of the election, state the particular cause of contest, and be verified by affidavit or declaration.
Source & verification. The rule text is reproduced verbatim from the
official Colorado Rules of Civil Procedure (Colo. R. Civ. P. 100). Prescribed by the Supreme Court of Colorado (C.R.S. § 13-2-108; Colo. Const. art. VI). The plain-English summary is original and written by us. Last verified July 10, 2026. ·
Official source
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