27-8-302. Jury trial. (1) When a proceeding under this chapter involves the determination of an issue of fact, the issue may be tried and determined in the same manner as issues of fact are tried and determined in other civil actions in the court in which the proceeding is pending.

(2) When a proceeding under this chapter challenges the constitutionality or other illegality of a legislative act or a proposed or adopted ballot issue, as defined in 13-1-101, and that proceeding involves the determination of an issue of fact, any party to the proceeding is entitled to a trial by jury on a determination of an issue of fact that is in dispute.