Co. Const. art. XXI, § 4 — Article XXI / Section 4
CO Const., Article XXI, Section 4
Status: in_force

Limitation - municipal corporations may adopt, when. No recall petition shall be circulated or filed against any officer until he has actually held his office for at least six months, save and except it may be filed against any member of the state legislature at any time after five days from the convening and organizing of the legislature after his election. After one recall petition and election, no further petition shall be filed against the same officer during the term for which he was elected, unless the petitioners signing said petition shall equal fifty percent of the votes cast at the last preceding general election for all of the candidates for the office held by such officer as herein above defined. In any recall election of a state elective officer, if the incumbent whose recall is sought is not recalled, he shall be repaid from the state treasury for the expenses of such election in the manner provided by law. The general assembly may establish procedures for the reimbursement by a local governmental entity of expenses incurred by an incumbent elective officer of such governmental entity whose recall is sought but who is not recalled. If the governor is sought to be recalled under the provisions of this article, the duties herein imposed upon him shall be performed by the lieutenant-governor; and if the secretary of state is sought to be recalled, the duties herein imposed upon him, shall be performed by the state auditor. The recall may also be exercised by the registered electors of each county, city and county, city and town of the state, with reference to the elective officers thereof, under such procedure as shall be provided by law. Until otherwise provided by law, the legislative body of any such county, city and county, city and town may provide for the manner of exercising such recall powers in such counties, cities and counties, cities and towns, but shall not require any such recall to be signed by registered electors more in number than twenty-five percent of the entire vote cast at the last preceding election, as in section 1 hereof more particularly set forth, for all the candidates for office which the incumbent sought to be recalled occupies, as herein above defined. Every person having authority to exercise or exercising any public or governmental duty, power or function, shall be an elective officer, or one appointed, drawn or designated in ​ accordance with law by an elective officer or officers, or by some board, commission, person or persons legally appointed by an elective officer or officers, each of which said elective officers shall be subject to the recall provision of this constitution; provided, that, subject to regulation by law, any person may, without compensation therefor, file petitions, or complaints in courts concerning crimes, or do police duty only in cases of immediate danger to person or property. Nothing herein contained shall be construed as affecting or limiting the present or future powers of cities and counties or cities having charters adopted under the authority given by the constitution, except as in the last three preceding paragraphs expressed. In the submission to the electors of any petition proposed under this article, all officers shall be guided by the general laws of the state, except as otherwise herein provided. This article is self-executing, but legislation may be enacted to facilitate its operations, but in no way limiting or restricting the provisions of this article, or the powers herein reserved. Source: Initiated 12: Entire article added, effective January 22, 1913, see L. 13, p. 676. L. 84: Entire section amended, p. 1149, effective upon proclamation of the Governor, L. 85, p. 1791, January 14, 1985. L. 88: Entire section amended, p. 1455, effective upon proclamation of the Governor, L. 89, p. 1660, January 3, 1989. Cross references: For recall of state and county officers, see part 1 article 12 of title 1; for recall of municipal officers, see part 5 of article 4 of title 31; for recall of special district directors, see § 32-1-906. Source: L. 2008: ARTICLE XXII. Intoxicating liquors, repealed in its entirety, p. 3112, effective upon proclamation of the Governor, L. 2009, p. 3384, January 8, 2009. Editor's note: This article was added in 1914. For the text of this article prior to its repeal in 2009, consult the 2008 Colorado Revised Statutes and the source notes for the history of amendments to the article.