5.2.9.010 Election Results Challenge Process.

(a) Any eligible voter of the Pueblo shall have the right to challenge the results of any election within three (3) days of the posting of the unofficial election results by filing a written challenge with the Election Commission.

(1) A challenge must contain the following information:

(A) The voter's name, address, telephone number and email address (if any);

(B) Sworn, notarized statement of facts alleged to show the violation or reason for the challenge that includes:

(i) Section of Election Law that was violated;

(ii) Identity of individual(s) involved in alleged violation(s);

(iii) Date, time and location of violation(s);

(iv) Estimated number of votes affected by the alleged violation(s);

(v) Name and telephone number of any witnesses to the alleged violation(s).

(b) The Election Commission shall make a determination on all election challenges within five (5) days of receipt of a challenge and the decision of the Election Commission shall be final for purposes of judicial review.

(1) The following shall be used by the Election Commission when considering submitted complaints:

(A) No official election shall be voided by decision of the Election Commission in response to a complaint unless the voter clearly demonstrates that:

(i) violation(s) of the Election Law occurred; and

(ii) said violation(s) would have changed the outcome of the election.

(c) Following receipt and review of a properly executed challenge and such other evidence before the Election Commission, the Election Commission shall issue findings:

(1) To dismiss the challenge, or

(2) To acknowledge the merit of the challenge but to reaffirm the election in question, or

(3) To acknowledge the merit of the challenge and to void the election in question.

The Election Commission shall notify the voter of its decision and shall post the decision at appropriate public places.

(d) If the voter who brought the challenge is not satisfied with the Election Commission's decision, he or she shall have the right to appeal the final decision made by the Election Commission by filing suit in the Trial Court of the Pueblo within five (5) days of the date of the decision of the Election Commission. The voter may not submit any evidence that was not before the Election Commission. A decision on an election challenge made by the Supreme Court of the Pueblo shall be final and shall not be subject to any further review by any other person or entity.

(1) A Court shall not overturn the decision of the Election Commission unless it is shown by clear and convincing evidence that the Petitioner (Voter) is clearly entitled to the relief requested because the Election Commission decision was:

(A) arbitrary and capricious;

(B) an abuse of discretion;

(D) contrary to the Pueblo's law.