reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 12 - RECALL AND VACANCIES IN OFFICE (§§ 1-12-100.5 — 1-12-210) › Part 1 - RECALL FROM OFFICE (§§ 1-12-100.5 — 1-12-123) › Section 1-12-100.5 - Definitions

As used in this part 1, and for purposes of article XXI of the state constitution, unless the context otherwise requires:
(1)
"Approved as to form" means that the appropriate designated election official has reviewed the blank form of a petition and has approved the form as meeting the standards set forth in this article.
(2)
"Circulated" means presented to an elector for the collection of a signature and other information required by this article.
(2.5)
"Circulator" means a person who presents to other persons for possible signature a petition for recall as described in this article.
(3)
"Committee" means the committee of signers described in section
1-12-108(2)
.
(3.5)
"Date for holding the election" means the first day on which recall mail ballots are to be made available to eligible electors at the county clerk and recorder's office or other suitable location pursuant to the election plan approved under section
1-12-114(1)(a)
.
(4)
"Elected officer" means any person elected to public office or appointed to fill a vacancy in an elected position of public office.
(5)
"Designated election official" means the secretary of state or a county clerk and recorder.
(6)
"Fails to qualify" means not satisfying the constitutional or statutory qualifications for office, whether by reason of age, citizenship, residency, or sufficient number of valid nomination petition signatures required by section
1-12-117(3)
.
(7)
"Fully adjudicated" means to have been decided by a final judgment by a court of competent jurisdiction and from which there can be no appeal.
(7.5)
"General election" means an election held on the Tuesday succeeding the first Monday of November in an even-numbered year or an election held on the first Tuesday of November in an odd-numbered year.
(8)
"Recall petition entity" means a person, as defined in section
2-4-401
, C.R.S., that provides compensation to a circulator to circulate a recall petition.
Amended by 2021 Ch. 282,§ 52, eff. 6/21/2021.
Amended by 2019 Ch. 326,§ 45, eff. 8/2/2019.
Amended by 2014 Ch. 170,§ 2, eff. 5/9/2014.
L. 2012: Entire section added, (HB 12-1293), ch. 1038, p. 1038, § 1, effective May 29. L. 2014: IP amended and (2.5), (3.5), (5), (6), (7), and (8) added, (SB 14-158), ch. 170, p. 617, § 2, effective May 9. L. 2019: (7.5) added, (HB 19-1278), ch. 326, p. 3034, § 45, effective August 2.
Section 85 of chapter 282 (SB 21-250), Session Laws of Colorado 2021, provides that the act changing this section applies to elections conducted on or after June 21, 2021.
(1) For the legislative declaration in SB 14-158, see section 1 of chapter 170, Session Laws of Colorado 2014. (2) For the short title ("Colorado Votes Act") in HB 19-1278, see section 1 of chapter 326, Session Laws of Colorado 2019.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 12 - RECALL AND VACANCIES IN OFFICE (§§ 1-12-100.5 — 1-12-210) › Part 1 - RECALL FROM OFFICE (§§ 1-12-100.5 — 1-12-123) › Section 1-12-101 - Elected officers subject to recall

Every elected officer of this state or any political subdivision thereof is subject to recall from office at any time by the eligible electors entitled to vote for a successor to the incumbent. The recall of any state officer shall be governed by the recall of state officers procedure set forth in this article.
L. 92: Entire article R&RE, p. 793, § 15, effective 1/1/1993.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 12 - RECALL AND VACANCIES IN OFFICE (§§ 1-12-100.5 — 1-12-210) › Part 1 - RECALL FROM OFFICE (§§ 1-12-100.5 — 1-12-123) › Section 1-12-102 - Limitations

(1)
No recall petition may be circulated or filed against any elected officer until the officer has actually held office for at least six months following the last election, or six months following the assumption of office by an appointed official; except that a recall petition may be filed against any member of the general assembly at any time after the fifth day following the convening and organizing of the general assembly after the election or appointment of the official sought to be recalled.
(2)
After one recall petition and election, no further petition may be filed against the same state or county officer during the term for which the officer was elected, unless the petitioners signing the petition equal fifty percent of the votes cast at the last preceding general election for all of the candidates for the office held by the officer.
(3)
After one recall petition and election, no further petition may be filed against the same school board officer during the term for which the officer was elected, unless the petitioners signing the petition equal one and one-half times the number of signatures required on the first petition filed against the same officer.
(4)
No recall petition may be circulated or filed against any elected officer whose office is up for election within six months.
Amended by 2021 Ch. 282, § 53, eff. 6/21/2021.
L. 92: Entire article R&RE, p. 793, § 15, effective 1/1/1993. L. 97: (4) added, p. 1061, § 1, effective May 27.
Section 85 of chapter 282 (SB 21-250), Session Laws of Colorado 2021, provides that the act changing this section applies to elections conducted on or after June 21, 2021.
For the power of the county central committee to fill vacancies, see § 1-3-104 .
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 12 - RECALL AND VACANCIES IN OFFICE (§§ 1-12-100.5 — 1-12-210) › Part 1 - RECALL FROM OFFICE (§§ 1-12-100.5 — 1-12-123) › Section 1-12-103 - Petition for recall - statement of grounds

Eligible electors of the state or a political subdivision may initiate the recall of an elected official by signing a petition that demands the election of a successor to the officer named in the petition. The petition must contain a general statement, consisting of two hundred words or less, stating the ground or grounds on which the recall is sought. The general statement shall not include any profane or false statements. The statement is for the information of the electors who are the sole and exclusive judges of the legality, reasonableness, and sufficiency of the ground or grounds assigned for the recall. The ground or grounds are not open to review.
Amended by 2021 Ch. 282, § 54, eff. 6/21/2021.
L. 92: Entire article R&RE, p. 794, § 15, effective 1/1/1993. L. 2012: Entire section amended, (HB 12-1293), ch. 1038, p. 1038, § 2, effective May 29.
Section 85 of chapter 282 (SB 21-250), Session Laws of Colorado 2021, provides that the act changing this section applies to elections conducted on or after June 21, 2021.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 12 - RECALL AND VACANCIES IN OFFICE (§§ 1-12-100.5 — 1-12-210) › Part 1 - RECALL FROM OFFICE (§§ 1-12-100.5 — 1-12-123) › Section 1-12-104 - Signatures required for state and county officers

(1)
A petition to recall a state or county officer shall be signed by eligible electors equal in number to twenty-five percent of the entire vote cast at the last preceding general election for all candidates for the office which the incumbent sought to be recalled occupies.
(2)
If more than one person is required by law to be elected to fill the office to which the person sought to be recalled is an incumbent, then the petition shall be signed by eligible electors entitled to vote for a successor to the incumbent sought to be recalled equal in number to twenty-five percent of the entire vote cast at the last preceding general election for all candidates for the office to which the incumbent sought to be recalled was elected, the entire vote being divided by the number of all officers elected to the office at the last preceding general election.
L. 92: Entire article R&RE, p. 794, § 15, effective 1/1/1993. L. 97: (1) amended, p. 1061, § 2, effective May 27.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 12 - RECALL AND VACANCIES IN OFFICE (§§ 1-12-100.5 — 1-12-210) › Part 1 - RECALL FROM OFFICE (§§ 1-12-100.5 — 1-12-123) › Section 1-12-105 - Signatures required for school district officers

A petition to recall a school district officer shall be signed by eligible electors of the school district equal in number to at least forty percent of the entire vote cast at the last preceding election for all candidates for the school district director position occupied by the incumbent sought to be recalled. If no such election was held, the petition shall be signed by eligible electors of the school district equal in number to at least ten percent of those electors residing within the school district on the date that the petition is approved as to form under section
1-12-108 (4)
. In no case shall the number required for recall be less than ten percent of eligible electors qualified to vote in the most recent biennial school election; except that no more than fifteen thousand signatures is required.
Amended by 2018 Ch. 262, § 39, eff. 5/29/2018.
L. 92: Entire article R&RE, p. 794, § 15, effective 1/1/1993. L. 97: Entire section amended, p. 1061, § 3, effective May 27. L. 2012: Entire section amended, (HB 12-1293), ch. 236, p. 1039, § 3, effective May 29. L. 2018: Entire section amended, (SB 18-233), ch. 262, p. 1617, § 39, effective May 29.
For the determination of existence of vacancy in county offices, see § 30-10-105 .
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 12 - RECALL AND VACANCIES IN OFFICE (§§ 1-12-100.5 — 1-12-210) › Part 1 - RECALL FROM OFFICE (§§ 1-12-100.5 — 1-12-123) › Section 1-12-106 - [Repealed]

Repealed by 2021 Ch. 282, § 83, eff. 6/21/2021.
L. 92: Entire article R&RE, p. 794, § 15, effective 1/1/1993. L. 97: Entire section amended, p. 1062, § 4, effective May 27. L. 2012: Entire section amended, (HB 12-1293), ch. 1039, p. 1039, § 4, effective May 29.
Section 85 of chapter 282 (SB 21-250), Session Laws of Colorado 2021, provides that the act repealing this section applies to elections conducted on or after June 21, 2021.
L. 92: Entire article R&RE, p. 794, § 15, effective January 1, 1993. L. 97: Entire section amended, p. 1062, § 4, effective May 27. L. 2012: Entire section amended, (HB 12-1293), ch. 236, p. 1039, § 4, effective May 29.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 12 - RECALL AND VACANCIES IN OFFICE (§§ 1-12-100.5 — 1-12-210) › Part 1 - RECALL FROM OFFICE (§§ 1-12-100.5 — 1-12-123) › Section 1-12-107 - Designated election officials

(1)
For state recall elections, the petition shall be filed with the secretary of state who shall review and approve as to form the petition for recall as provided in section
1-12-108 (4)
, certify the sufficiency of the petition, and notify the governor, who shall set the date for the election. The election must be conducted by the appropriate county clerk and recorders in the manner provided in this title 1 for state elections.
(2)
For county recall elections, the county clerk and recorder shall review and approve as to form the petition as provided in section
1-12-108 (4)
. The petition shall be filed with the county clerk and recorder who shall certify the sufficiency of the petition and call and conduct the election.
(3)
For school board recall elections, the county clerk and recorder shall review and approve as to form the petition as provided in section
1-12-108 (4)
. The petition shall be filed with the county clerk and recorder of the county in which the school district's administrative offices are located. The clerk and recorder of the county shall certify the sufficiency of the petition and call and conduct the election.
(4)
Repealed.
(5)
No designated election official may, by rule, regulation, order, or any other official act, suspend or avoid the requirement that recall elections be held as mail ballot elections.
Amended by 2021 Ch. 282, § 55, eff. 6/21/2021.
Amended by 2014 Ch. 170, § 3, eff. 5/9/2014.
L. 92: Entire article R&RE, p. 795, § 15, effective 1/1/1993. L. 2012: Entire section amended, (HB 12-1293), ch. 1039, p. 1039, § 5, effective May 29. L. 2014: (5) added, (SB 14-158), ch. 618, p. 618, § 3, effective May 9.
Section 85 of chapter 282 (SB 21-250), Session Laws of Colorado 2021, provides that the act changing this section applies to elections conducted on or after June 21, 2021.
For the legislative declaration in SB 14-158, see section 1 of chapter 170, Session Laws of Colorado 2014.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 12 - RECALL AND VACANCIES IN OFFICE (§§ 1-12-100.5 — 1-12-210) › Part 1 - RECALL FROM OFFICE (§§ 1-12-100.5 — 1-12-123) › Section 1-12-108.5 - [Repealed]

Repealed by 2021 Ch. 282,§ 83, eff. 6/21/2021.
L. 2014: Entire section added, (SB 14-158), ch. 619, p. 619, § 5, effective May 9.
Section 85 of chapter 282 (SB 21-250), Session Laws of Colorado 2021, provides that the act repealing this section applies to elections conducted on or after June 21, 2021.
Added by 2014 Ch. 170,§ 5, eff. 5/9/2014.
L. 2014: Entire section added, (SB 14-158), ch. 170, p. 619, § 5, effective May 9.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 12 - RECALL AND VACANCIES IN OFFICE (§§ 1-12-100.5 — 1-12-210) › Part 1 - RECALL FROM OFFICE (§§ 1-12-100.5 — 1-12-123) › Section 1-12-109 - Resignation

If an officer whose recall is sought offers a resignation, it shall be accepted and the vacancy caused by the resignation shall be filled as provided by law. The person appointed to fill the vacancy caused by the resignation shall hold the office only until the person elected at the recall election is qualified; except that, if the recall election is canceled in accordance with section
1-12-110 (1)
, the person appointed to fill the vacancy shall hold the office until it is filled at the next regularly scheduled election for that office.
L. 92: Entire article R&RE, p. 795, § 15, effective 1/1/1993. L. 2012: Entire section amended, (HB 12-1293), ch. 236, p. 1044, § 7, effective May 29.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 12 - RECALL AND VACANCIES IN OFFICE (§§ 1-12-100.5 — 1-12-210) › Part 1 - RECALL FROM OFFICE (§§ 1-12-100.5 — 1-12-123) › Section 1-12-110 - Call for election - cancellation of recall election

(1)
If the officer whose recall is sought does not resign within five days after the sufficiency of the recall petition has been certified by the designated election official and the time for protest has passed, the designated election official shall call the election and set the election date as required by section
1-12-111
; except that, if the officer whose recall is sought resigns at any time prior to the deadline to submit a petition as a successor candidate in accordance with section
1-12-117
, the recall election shall be canceled.
(2)
If the officer whose recall is sought resigns at any time after the deadline to submit a petition as a successor candidate, the recall election shall be called and held notwithstanding the resignation.
L. 92: Entire article R&RE, p. 795, § 15, effective 1/1/1993. L. 95: (1) amended, p. 849, § 73, effective July 1. L. 2012: Entire section amended, (HB 12-1293), ch. 236, p. 1044, § 8, effective May 29.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 12 - RECALL AND VACANCIES IN OFFICE (§§ 1-12-100.5 — 1-12-210) › Part 1 - RECALL FROM OFFICE (§§ 1-12-100.5 — 1-12-123) › Section 1-12-111.5 - [Repealed]

Repealed by 2021 Ch. 282,§ 83, eff. 6/21/2021.
L. 2012: Entire section added, (HB 12-1293), ch. 1045, p. 1045, § 10, effective May 29. L. 2019: Entire section amended, (HB 19-1278), ch. 3035, p. 3035, § 47, effective August 2.
Section 85 of chapter 282 (SB 21-250), Session Laws of Colorado 2021, provides that the act repealing this section applies to elections conducted on or after June 21, 2021.
Amended by 2019 Ch. 326,§ 47, eff. 8/2/2019.
L. 2012: Entire section added, (HB 12-1293), ch. 236, p. 1045, § 10, effective May 29.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 12 - RECALL AND VACANCIES IN OFFICE (§§ 1-12-100.5 — 1-12-210) › Part 1 - RECALL FROM OFFICE (§§ 1-12-100.5 — 1-12-123) › Section 1-12-111.7 - Recall election notice - publication

(1)
For a recall election of a state officer, the governor and the secretary of state shall publish notice of the recall election on their websites.
(2)
For a recall election for an officer other than a state officer, the designated election official shall publish notice of the recall election on its website or in a newspaper of general circulation in accordance with section
1-5-205
.
Amended by 2021 Ch. 282,§ 58, eff. 6/21/2021.
L. 2012: Entire section added, (HB 12-1293), ch. 1045, p. 1045, § 11, effective May 29.
Section 85 of chapter 282 (SB 21-250), Session Laws of Colorado 2021, provides that the act changing this section applies to elections conducted on or after June 21, 2021.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 12 - RECALL AND VACANCIES IN OFFICE (§§ 1-12-100.5 — 1-12-210) › Part 1 - RECALL FROM OFFICE (§§ 1-12-100.5 — 1-12-123) › Section 1-12-112 - Ballots - statement included

(1)
In addition to all other requirements of law, the official ballot must contain the statement described in section
1-12-103
stating the grounds for demanding the officer's recall. The officer sought to be recalled may submit to the designated election official a statement of three hundred words or fewer justifying the officer's course of conduct. The officer shall not include any profane or false statements in the statement of justification. The officer shall submit the statement no later than ten days after the statement of sufficiency has been submitted or created. The official ballot must contain the statement of justification if submitted pursuant to this subsection (1).
(2)
Ballots for the election of a successor to the officer sought to be recalled must contain the candidates' names, which must be placed on the ballot by lot.
(3)
The official ballot for the election of a successor to the officer sought to be recalled shall contain a blank space in which the elector may write the name of a write-in candidate who has timely filed an affidavit of intent in accordance with section
1-12-115
.
Amended by 2021 Ch. 282, § 59, eff. 6/21/2021.
L. 92: Entire article R&RE, p. 796, § 15, effective 1/1/1993. L. 97: (1) amended, p. 1063, § 7, effective May 27. L. 2012: (1) amended and (3) added, (HB 12-1293), ch. 1045, p. 1045, § 12, effective May 29.
Section 85 of chapter 282 (SB 21-250), Session Laws of Colorado 2021, provides that the act changing this section applies to elections conducted on or after June 21, 2021.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 12 - RECALL AND VACANCIES IN OFFICE (§§ 1-12-100.5 — 1-12-210) › Part 1 - RECALL FROM OFFICE (§§ 1-12-100.5 — 1-12-123) › Section 1-12-113 - Conduct and timing of recall election

(1)
Except as modified by this article, the recall election and election of a successor shall be conducted according to articles
1
to
13
of this title.
(2)
Except as otherwise provided in this part 1, for a recall election, all events in the uniform election code that are to be completed by the secretary of state, designated election official, or coordinated election official on or before the forty-fifth day prior to the election must be completed no later than the thirty-fifth day prior to the recall election.
Amended by 2021 Ch. 282, § 60, eff. 6/21/2021.
L. 92: Entire article R&RE, p. 796, § 15, effective 1/1/1993. L. 2012: Entire section amended, (HB 12-1293), ch. 1045, p. 1045, § 13, effective May 29.
Section 85 of chapter 282 (SB 21-250), Session Laws of Colorado 2021, provides that the act changing this section applies to elections conducted on or after June 21, 2021.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 12 - RECALL AND VACANCIES IN OFFICE (§§ 1-12-100.5 — 1-12-210) › Part 1 - RECALL FROM OFFICE (§§ 1-12-100.5 — 1-12-123) › Section 1-12-115 - Write-in candidates

No write-in vote for any office shall be counted unless an affidavit of intent has been filed indicating that the person for whom the write-in vote is made desires the office and is legally qualified to assume the duties of the office if elected. The affidavit of intent must be filed with the designated election official no later than twenty-five calendar days before the date for holding the election.
Amended by 2021 Ch. 282, § 62, eff. 6/21/2021.
L. 92: Entire article R&RE, p. 796, § 15, effective 1/1/1993. L. 95: Entire section amended, p. 849, § 75, effective July 1. L. 2012: Entire section amended, (HB 12-1293), ch. 1046, p. 1046, § 15, effective May 29.
Section 85 of chapter 282 (SB 21-250), Session Laws of Colorado 2021, provides that the act changing this section applies to elections conducted on or after June 21, 2021.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 12 - RECALL AND VACANCIES IN OFFICE (§§ 1-12-100.5 — 1-12-210) › Part 1 - RECALL FROM OFFICE (§§ 1-12-100.5 — 1-12-123) › Section 1-12-116 - Sufficiency of the recall

If a majority of those voting on the question of the recall of any incumbent from office vote "no", the incumbent continues in office; if a majority vote "yes", the incumbent is removed from office upon the qualification of the successor. If an even number of electors vote "no" and "yes" on the question of the recall of the incumbent from office, the incumbent continues in office.
Amended by 2021 Ch. 282, § 63, eff. 6/21/2021.
L. 92: Entire article R&RE, p. 796, § 15, effective 1/1/1993.
Section 85 of chapter 282 (SB 21-250), Session Laws of Colorado 2021, provides that the act changing this section applies to elections conducted on or after June 21, 2021.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 12 - RECALL AND VACANCIES IN OFFICE (§§ 1-12-100.5 — 1-12-210) › Part 1 - RECALL FROM OFFICE (§§ 1-12-100.5 — 1-12-123) › Section 1-12-118 - Election of successor

(1)
The election of a successor is held at the same time as the recall election. The names of those persons nominated as candidates to succeed the person sought to be recalled, except write-in candidates, shall appear on the ballot. The name of the person against whom the petition is filed shall not appear on the ballot as a candidate for office.
(2)
(Deleted by amendment, L. 95, p. 850, § 77, effective July 1, 1995.)
Amended by 2014 Ch. 170, § 9, eff. 5/9/2014.
L. 92: Entire article R&RE, p. 797, § 15, effective 1/1/1993. L. 95: Entire section amended, p. 850, § 77, effective July 1. L. 2012: (1) amended, (HB 12-1293), ch. 236, p. 1047, § 17, effective May 29. L. 2014: (1) amended, (SB 14-158), ch. 170, p. 621, § 9, effective May 9.
For the legislative declaration in SB 14-158, see section 1 of chapter 170, Session Laws of Colorado 2014.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 12 - RECALL AND VACANCIES IN OFFICE (§§ 1-12-100.5 — 1-12-210) › Part 1 - RECALL FROM OFFICE (§§ 1-12-100.5 — 1-12-123) › Section 1-12-118.5 - Postelection protest of successor candidate qualification - procedure

(1)
(a)
Within seventy-two hours after certification of results of a recall election conducted under this article, any elector who is registered in a political subdivision represented by an official subject to recall may file a protest using the procedures in section
1-1-113
alleging that the successor candidate who received the highest number of votes fails to qualify for the office. The protest must be filed in the district court in the county in which the petition determination was issued.
(b)
Any protest filed under paragraph (a) of this subsection (1) takes precedence over all other nonemergency civil matters before the district court.
(2)
If the court determines, pursuant to a protest filed under subsection (1) of this section, that the successor candidate against whom the protest is made fails to qualify, that individual may not take office. In such case, the office is deemed vacant and shall be filled according to law, including section 2 (3) of article V of the state constitution and part 2 of this article. The officer recalled in the recall election at which the unqualified successor was elected is ineligible to fill the vacancy.
Added by 2014 Ch. 170,§ 10, eff. 5/9/2014.
L. 2014: Entire section added, (SB 14-158), ch. 170, p. 622, § 10, effective May 9.
For the legislative declaration in SB 14-158, see section 1 of chapter 170, Session Laws of Colorado 2014.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 12 - RECALL AND VACANCIES IN OFFICE (§§ 1-12-100.5 — 1-12-210) › Part 1 - RECALL FROM OFFICE (§§ 1-12-100.5 — 1-12-123) › Section 1-12-119 - Canvass of votes - notification of results

(1)
For the recall of a partisan officer, the canvass board shall be composed of one representative from each major political party and the county clerk and recorder.
(2)
For the recall of a nonpartisan officer, the canvass board shall be composed of the designated election official, one member of the governing body, and one eligible elector of the political subdivision.
(3)
The canvass board shall complete and certify the abstract of votes in accordance with article
10
of this title.
(4)
If the majority of those voting on the recall question voted "yes", upon receipt of the certified abstract of votes cast, the designated election official shall issue a certificate of election to the successor candidate who received the highest number of votes. A copy of the certificate shall be transmitted by the secretary of state to the appropriate house of the general assembly for recall elections concerning the general assembly and to the governor for the recall of all other elections of state officers. For all other recall elections, a copy of the certificate shall be transmitted to the governing body of the political subdivision. The candidate who received the highest number of votes shall be sworn in and shall assume the duties of the office upon certification of the election results.
(5)
If less than a majority of those voting on the recall question voted "yes", upon receipt of the certified abstract of votes cast, the designated election official shall notify in writing the incumbent, each candidate for the office, the committee, and the governing body of the incumbent.
L. 92: Entire article R&RE, p. 797, § 15, effective 1/1/1993. L. 95: (3) and (4) amended, p. 850, § 78, effective July 1. L. 99: Entire section amended, p. 491, § 22, effective July 1. L. 2012: Entire section amended, (HB 12-1293), ch. 236, p. 1047, § 18, effective May 29.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 12 - RECALL AND VACANCIES IN OFFICE (§§ 1-12-100.5 — 1-12-210) › Part 1 - RECALL FROM OFFICE (§§ 1-12-100.5 — 1-12-123) › Section 1-12-120 - Cost of recall election

(1)
If at any recall election for a state office the incumbent whose recall is sought is not recalled, the incumbent shall be repaid from the state treasury any money authorized by this article which the incumbent actually expended as an expense of the recall election. In no event shall the sum repaid be greater than an amount equal to ten cents per voter. The general assembly shall provide an appropriation for state recall elections.
(2)
If, at any recall election for a county or local government office, an election is held and the incumbent is not recalled, the governing body shall authorize a resolution for repayment from the general fund of the political subdivision any money authorized to be repaid to the incumbent by this article 12, which the incumbent actually expended as an expense of the election. In no event shall the sum repaid exceed forty cents per eligible elector as defined in section
1-1-104 (16)
, subject to a maximum repayment of ten thousand dollars.
(3)
Authorized expenses only include money spent after a petition has been deemed sufficient by the designated election official in challenging the sufficiency of the recall petition and in presenting to the electors the official position of the incumbent, including campaign literature, advertising, and maintaining campaign headquarters.
(4)
Unauthorized expenses include money spent prior to the date on which a petition has been deemed sufficient by the designated election official; money spent on challenges and court actions not pertaining to the sufficiency of the recall petition; personal expenses for meals; lodging and mileage for the incumbent; costs of maintaining a campaign staff and associated expenses; reimbursement for expenses incurred by a campaign committee which has solicited contributions; reimbursement of any kind for employees in the incumbent's office; and all expenses incurred prior to the filing of the recall petition.
(5)
The incumbent shall file a complete and detailed request for reimbursement within sixty days after the date of the recall election with the governing body of the political subdivision holding the recall election, who shall then review the reimbursement request for appropriateness under subsection (2) of this section and shall refer the request, with recommendations, to the general assembly at its next general session for state recall elections or to the treasurer of the governing body for all other elections within thirty days after receipt of the request for reimbursement.
Amended by 2021 Ch. 282, § 65, eff. 6/21/2021.
L. 92: Entire article R&RE, p. 798, § 15, effective 1/1/1993. L. 97: (2) amended, p. 1064, § 9, effective May 27.
Section 85 of chapter 282 (SB 21-250), Session Laws of Colorado 2021, provides that the act changing this section applies to elections conducted on or after June 21, 2021.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 12 - RECALL AND VACANCIES IN OFFICE (§§ 1-12-100.5 — 1-12-210) › Part 1 - RECALL FROM OFFICE (§§ 1-12-100.5 — 1-12-123) › Section 1-12-120.5 - Reimbursement for recall election expenses

A political subdivision shall reimburse the office of the county clerk and recorder for reasonable expenses incurred by the county clerk and recorder in performing duties relating to the recall of an incumbent of the political subdivision under this part 1.
L. 2012: Entire section added, (HB 12-1293), ch. 236, p. 1048, § 19, effective May 29.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 12 - RECALL AND VACANCIES IN OFFICE (§§ 1-12-100.5 — 1-12-210) › Part 1 - RECALL FROM OFFICE (§§ 1-12-100.5 — 1-12-123) › Section 1-12-121 - Special provisions

(1)
If the governor is sought to be recalled under this article by recall petition filed in the office of the secretary of state, the duties imposed upon the governor by this article and article XXI of the state constitution as to that recall petition shall be performed by the lieutenant governor. If the secretary of state is sought to be recalled under this article by recall petition filed in the office of the secretary of state, the duties imposed upon the secretary of state by this article and article XXI of the state constitution as to that recall petition shall be performed by the state auditor.
(2)
If recall is sought of any other elected or appointed officer who is charged with responsibilities under this article, the governing body shall immediately appoint another person to perform those duties.
L. 92: Entire article R&RE, p. 799, § 15, effective 1/1/1993. L. 2012: Entire section amended, (HB 12-1293), ch. 236, p. 1048, § 20, effective May 29.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 12 - RECALL AND VACANCIES IN OFFICE (§§ 1-12-100.5 — 1-12-210) › Part 1 - RECALL FROM OFFICE (§§ 1-12-100.5 — 1-12-123) › Section 1-12-122 - Recalls subject to "Fair Campaign Practices Act"

Recall elections are subject to the appropriate sections of article
45
of this title.
L. 95: Entire section added, p. 850, § 79, effective July 1.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 12 - RECALL AND VACANCIES IN OFFICE (§§ 1-12-100.5 — 1-12-210) › Part 1 - RECALL FROM OFFICE (§§ 1-12-100.5 — 1-12-123) › Section 1-12-123 - Conflicts with constitutional requirements for recall of state officers or other elections laws

(1)
To the extent that this part 1 concerning the recall of state officers conflicts with article XXI of the state constitution, article XXI of the state constitution controls.
(2)
To the extent that this part 1 conflicts with other provisions of this code, this part 1 controls.
Amended by 2014 Ch. 170,§ 11, eff. 5/9/2014.
L. 97: Entire section added, p. 1064, § 10, effective May 27. L. 2014: Entire section amended, (SB 14-158), ch. 170, p. 622, § 11, effective May 9.
For the legislative declaration in SB 14-158, see section 1 of chapter 170, Session Laws of Colorado 2014.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 12 - RECALL AND VACANCIES IN OFFICE (§§ 1-12-100.5 — 1-12-210) › Part 2 - VACANCIES IN OFFICE (§§ 1-12-201 — 1-12-210) › Section 1-12-201 - Vacancies in office of United States senator

(1)
When a vacancy occurs in the office of United States senator from this state, the governor shall make a temporary appointment to fill the vacancy until it is filled by election.
(2)
When a vacancy occurs, the governor shall direct the secretary of state to include in the general election notice for the next general election a notice of the filling of the vacancy. The secretary of state shall give notice accordingly. At the election, the vacancy shall be filled for the unexpired term. If, for any reason, no United States senator is elected at the next general election, the person temporarily appointed by the governor shall hold the office until a United States senator is elected at a succeeding general election.
L. 92: Entire article R&RE, p. 799, § 15, effective 1/1/1993.
This section is similar to former § 1-12-101 as it existed prior to 1992.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 12 - RECALL AND VACANCIES IN OFFICE (§§ 1-12-100.5 — 1-12-210) › Part 2 - VACANCIES IN OFFICE (§§ 1-12-201 — 1-12-210) › Section 1-12-202 - Vacancies in office of representative in congress

Except as provided in section
1-4-401.5
, when any vacancy occurs in the office of representative in congress from this state, the governor shall set a day to hold a congressional vacancy election to fill the vacancy and cause notice of the election to be given as required in part 2 of article
5
of this title; but congressional vacancy elections shall not be held within the ninety-day period preceding a general election.
L. 92: Entire article R&RE, p. 800, § 15, effective 1/1/1993. L. 2008: Entire section amended, p. 410, § 5, effective August 5.
This section is similar to former § 1-12-102 as it existed prior to 1992.
For registration for congressional vacancy elections, see § 1-2-210 ; for power of the county central committee to fill vacancies, see § 1-3-104 .
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 12 - RECALL AND VACANCIES IN OFFICE (§§ 1-12-100.5 — 1-12-210) › Part 2 - VACANCIES IN OFFICE (§§ 1-12-201 — 1-12-210) › Section 1-12-204 - Vacancies in state and district offices

All vacancies in any state office and in the office of district attorney shall be filled by appointment by the governor until the next general election after the vacancy occurs, when the vacancy shall be filled by election.
L. 92: Entire article R&RE, p. 801, § 15, effective 1/1/1993.
This section is similar to former § 1-12-104 as it existed prior to 1992.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 12 - RECALL AND VACANCIES IN OFFICE (§§ 1-12-100.5 — 1-12-210) › Part 2 - VACANCIES IN OFFICE (§§ 1-12-201 — 1-12-210) › Section 1-12-205 - Vacancies in county offices

All vacancies in any county office, except that of county commissioner, shall be filled by appointment by the board of county commissioners of the county in which the vacancy occurs, until the next general election, at which time the vacancy shall be filled by election.
L. 92: Entire article R&RE, p. 801, § 15, effective 1/1/1993.
This section is similar to former § 1-12-105 as it existed prior to 1992.
For determination of existence of vacancy in county offices, see § 30-10-105 .
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 12 - RECALL AND VACANCIES IN OFFICE (§§ 1-12-100.5 — 1-12-210) › Part 2 - VACANCIES IN OFFICE (§§ 1-12-201 — 1-12-210) › Section 1-12-207 - Vacancies on nonpartisan boards

(1)
Any vacancy on a nonpartisan board shall be filled by appointment by the remaining director or directors. The appointee shall meet all of the qualifications for holding the office. The appointee shall serve until the next regular election, at which time any remaining unexpired portion of the term shall be filled by election. If the board fails, neglects, or refuses to fill any vacancy within sixty days after it occurs, the board of county commissioners of the county in which the organizational petition is filed shall fill the vacancy.
(2)
If there are no duly elected directors and if the failure to appoint a new board will result in the interruption of services that are being provided by the district, then the board of county commissioners of the county in which the organizational petition is filed may appoint all directors. Any board appointed pursuant to this subsection (2) shall call a special election within six months after its appointment.
L. 92: Entire article R&RE, p. 802, § 15, effective 1/1/1993.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 12 - RECALL AND VACANCIES IN OFFICE (§§ 1-12-100.5 — 1-12-210) › Part 2 - VACANCIES IN OFFICE (§§ 1-12-201 — 1-12-210) › Section 1-12-208 - Unexpired terms less than ninety days

No person shall be elected to fill a vacancy in an elective office when the unexpired term is, at the time of the election, less than ninety days. In such case, the person appointed to fill the vacancy shall continue to hold the office for the remainder of the unexpired term and until the successor elected at the election is duly qualified.
L. 92: Entire article R&RE, p. 802, § 15, effective 1/1/1993.
This section is similar to former § 1-12-107 as it existed prior to 1992.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 12 - RECALL AND VACANCIES IN OFFICE (§§ 1-12-100.5 — 1-12-210) › Part 2 - VACANCIES IN OFFICE (§§ 1-12-201 — 1-12-210) › Section 1-12-209 - Terms of persons filling vacancies

Except for appointments on nonpartisan boards, any officers elected or appointed to fill vacancies as provided in this article shall qualify and enter upon the duties of their offices immediately thereafter. If elected or appointed, the officers shall hold the office during the unexpired term for which they were elected and until their successors are elected, qualified, and take office on the second Tuesday of January, except as otherwise provided by law, in accordance with section
1-1-201
.
L. 92: Entire article R&RE, p. 802, § 15, effective 1/1/1993.
This section is similar to former § 1-12-108 as it existed prior to 1992.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 12 - RECALL AND VACANCIES IN OFFICE (§§ 1-12-100.5 — 1-12-210) › Part 2 - VACANCIES IN OFFICE (§§ 1-12-201 — 1-12-210) › Section 1-12-210 - Certification of appointment

All appointments under this article shall be evidenced by an appropriate entry in the minutes of the meeting of the governing board, and the appointing body shall cause a notice of appointment and the oath of office to be delivered to the person appointed. A duplicate of each notice of appointment, an acceptance of appointment, and the mailing address of the person appointed shall be kept as a permanent record by the appointing body and forwarded to any other appropriate official.
L. 92: Entire article R&RE, p. 803, § 15, effective 1/1/1993.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 13 - ELECTION OFFENSES (§§ 1-13-101 — 1-13-804) › Part 1 - OFFENSES - GENERAL PROVISIONS (§§ 1-13-101 — 1-13-114) › Section 1-13-101 - District attorney or attorney general to prosecute

(1)
Any person may file an affidavit with the district attorney stating the name of any person who has violated any of the provisions of this code and stating the facts which constitute the alleged offense. Upon the filing of such affidavit, the district attorney shall forthwith investigate, and, if reasonable grounds appear therefor, he shall prosecute the violator.
(2)
The attorney general shall have equal power with district attorneys to file and prosecute informations or complaints against any persons for violating any of the provisions of this code.
L. 80: Entire article R&RE, p. 428, § 1, effective 1/1/1981.
This section is similar to former § 1-13-101 as it existed prior to 1980.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 13 - ELECTION OFFENSES (§§ 1-13-101 — 1-13-804) › Part 1 - OFFENSES - GENERAL PROVISIONS (§§ 1-13-101 — 1-13-114) › Section 1-13-102 - Sufficiency of complaint - judicial notice

Irregularities or defects in the mode of calling, giving notice of, convening, holding, or conducting any general, primary, or congressional vacancy election authorized by law constitute no defense to a prosecution for a violation of this code. When an offense is committed in relation to any general, primary, or congressional vacancy election, an indictment, information, or complaint for such offense is sufficient if it alleges that such election was authorized by law without stating the call or notice of the election, the names of the judges holding such election, or the names of the persons voted for at such election. Judicial notice shall be taken of the holding of any general, primary, or congressional vacancy election.
L. 80: Entire article R&RE, p. 428, § 1, effective 1/1/1981.
This section is similar to former § 1-13-102 as it existed prior to 1980.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 13 - ELECTION OFFENSES (§§ 1-13-101 — 1-13-804) › Part 1 - OFFENSES - GENERAL PROVISIONS (§§ 1-13-101 — 1-13-114) › Section 1-13-103 - Immunity of witness from prosecution

Any person violating any of the provisions of this code is a competent witness against any other violator and may be compelled to attend and testify at any trial, hearing, proceeding, or investigation in the same manner as other persons; but the testimony so given shall not be used in any prosecution or proceeding, civil or criminal, against the person so testifying, except for perjury in giving such testimony. A person so testifying shall not thereafter be liable to indictment, prosecution, or punishment for the offense with reference to which his testimony was given and may plead or prove the giving of testimony accordingly in bar of such indictment or prosecution.
L. 80: Entire article R&RE, p. 429, § 1, effective 1/1/1981.
This section is similar to former §§ 1-13-103 and 1-30-116 as they existed prior to 1980.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 13 - ELECTION OFFENSES (§§ 1-13-101 — 1-13-804) › Part 1 - OFFENSES - GENERAL PROVISIONS (§§ 1-13-101 — 1-13-114) › Section 1-13-104 - Perjury

Any person, having taken any oath or made any affirmation required by this code, who swears or affirms willfully, corruptly, and falsely in a matter material to the issue or point in question or who suborns any other person to swear or affirm as aforesaid commits perjury in the second degree as set forth in section
18-8-503
, C.R.S., and shall be punished as provided in section
18-1.3-501
, C.R.S.
L. 80: Entire article R&RE, p. 429, § 1, effective 1/1/1981. L. 2002: Entire section amended, p. 1464, § 5, effective October 1.
The provisions of this section are similar to provisions of several former sections as they existed prior to 1980.
For the legislative declaration contained in the 2002 act amending this section, see section 1 of chapter 318, Session Laws of Colorado 2002.