BOND ELECTION CONTESTS

Denver Revised Municipal Code ch. 15, art. IV

in effect

Denver Revised Municipal Code § 15-61 When permitted.

Sec. 15-61. - When permitted. Any election declared to have carried on the authorization to issue any bonds, by approval of a bond question, charter amendment, or otherwise, may be contested by any elector of the city by suit against it as contestee and defendant in any court of competent jurisdiction therefor: (1) When illegal votes have been received or legal votes rejected, at the polls in sufficient numbers to change the results; (2) For an error or mistake on the part of any of the judges of election or the clerk and recorder and its officers and employees in counting or declaring the result of the election, if the error or mistake would be sufficient to change the result; (3) For malconduct, fraud or corruption on the part of the judges of election in any precinct, or the clerk and recorder, if the malconduct, fraud or corruption would be sufficient to change the result; (4) When the bonds are authorized to be issued for an invalid purpose; (5) For any other cause which shows that the bonds were not validly authorized at the election. (Code 1950, § 112.1; Ord. No. 264-07, § 11, 6-11-07)

Denver Revised Municipal Code § 15-62 Rules and practices.

Sec. 15-62. - Rules and practices. The style and form of process, the manner of service of process and papers, the fees of officers, and judgment for costs and execution thereon for bond election contests shall be according to the rules and practices of the county court. (Code 1950, § 112.2)

Denver Revised Municipal Code § 15-63 Bond required to pay costs of contest.

Sec. 15-63. - Bond required to pay costs of contest. Before the county court shall be required to take jurisdiction of the bond election contest, the contestor must file with the clerk of the court a bond, with sureties, to be approved by the judge thereof, running to the city as contestee and conditioned to pay all costs in case of failure of the contestor to maintain the contest. (Code 1950, § 112.2)

Denver Revised Municipal Code § 15-64 Written complaint.

Sec. 15-64. - Written complaint. When the validity of any bond election is contested, the plaintiff must, within thirty (30) days after the returns of the election are canvassed and the result thereof declared and published, file with the clerk of the court a verified written complaint setting forth specifically: (1) The name of the party contesting the bond election, and a statement that the plaintiff or each plaintiff is an elector of the city; (2) The proposition voted on at the bond election which are contested, the name of the city as defendant and the contestee, and the time of the election; (3) The particular grounds of such contest; (4) No such contest shall be maintained and no bond election shall be set aside or held invalid unless such a complaint is filed within the period prescribed in this section. (Code 1950, § 112.3)

Denver Revised Municipal Code § 15-65 Application of election laws.

Sec. 15-65. - Application of election laws. Except as otherwise provided in this article, the election laws pertaining to contested election cases of municipal offices as provided in the municipal election code (C.R.S. 1973, 31-10-101 et seq.), as from time to time amended, shall be applicable to bond elections; but any such contest shall be regarded as one contesting the outcome of the vote on the proposition authorizing the issuance of bonds, rather than election to office, and the city, as contestee, rather than a person declared to have been elected to office, shall be regarded as the defendant. (Code 1950, § 112.4)

Denver Revised Municipal Code § 15-66 Time to proceed to issue bonds.

Sec. 15-66. - Time to proceed to issue bonds. If the clerk and recorder shall have declared the bond proposition to have carried and no contest shall have been filed, or if such a contest is filed after it shall have been favorably terminated, the council may proceed to issue the bonds voted at the election at one time or from time to time. (Code 1950, § 112.4-1; Ord. No. 264-07, § 12, 6-11-07)

Source: City and County of Denver, Revised Municipal Code and Charter (Municode Library, library.municode.com)URL: https://library.municode.com/co/denver/codes/code_of_ordinances?nodeId=TITIIREMUCO_CH15EL_ARTIVBOELCOFetched: 10/27/2026