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Colorado > Colorado Electoral Code > Recall and Vacancies In Office

1-12-100.5. Definitions

Overview of Statute

This section provides definitions for various terms used in part 1 of this article including “approved as to form,” “circulated,” “circulator,” “committee,” “date for holding the election,” “elected officer,” “designated election official,” “fails to quality,” “fully adjudicated,” and “recall petition entity.”

Statute

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 ballots:

(a) Are to be made available to eligible electors at voter service and polling centers pursuant to the election plan approved under section 1-12-114 (1) (a); and

(b) May be accepted for processing by a designated election official.

(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, a county clerk and recorder, or other election official as provided by article XXI of the state constitution.

(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.

(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.

 

 

Source: L. 2012: Entire section added, (HB 12-1293), ch. 236, 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.

 

Editor’s note: Articles 1 to 13 were numbered as articles 1, 3, 4, 9 to 19, and 21 of chapter 49, C.R.S. 1963. The substantive provisions of these articles were repealed and reenacted in 1980, resulting in the addition, relocation, and elimination of sections as well as subject matter. For amendments to these articles prior to 1980, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume. Former C.R.S. numbers prior to 1980 are shown in editor’s notes following those sections that were relocated. For a detailed comparison of these articles for 1980, see the comparative tables located in the back of the index.

Cross references: For school elections, see articles 30, 31, and 42 of title 22; for elections for removal of county seats, see article 8 of title 30; for municipal elections, see article 10 of title 31; for special district elections, see part 8 of article 1 of title 32; for exemption of certain statutory proceedings from the rules of civil procedure, see C.R.C.P. 81; for recall from office, see article XXI of the state constitution; for recall of state and county officers, see part 1 of article 12 of this title; for recall of municipal officers, see part 5 of article 4 of title 31; for recall of directors of special districts, see § § 32-1-906, 32-1-907.


Editor’s note: Articles 1 to 13 were repealed and reenacted in 1980, and this article was subsequently repealed and reenacted in 1992, resulting in the addition, relocation, and elimination of sections as well as subject matter. For amendments to this article prior to 1992, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume and the editor’s note following the title heading. Former C.R.S. section numbers are shown in editor’s notes following those sections that were relocated in 1992. For a detailed comparison of this article for 1980 and 1992, see the comparative tables located in the back of the index.


Cross references: For recall of state officers, including filling post-resignation vacancies, see also art. XXI, Colo. Const.; for recall of municipal officers, see part 5 of article 4 of title 31.

Editor’s note: Section 17 of chapter 170 (SB 14-158), Session Laws of Colorado 2014, provides that changes to this section by the act apply to any recall petition approved for circulation by a designated election official or to any recall election held on or after May 9, 2014.

Cross references: For the legislative declaration in SB 14-158, see section 1 of chapter 170, Session Laws of Colorado 2014.

Definition [Circulator]

A person who presents to other persons for possible signature a petition for recall as described in this article. C.R.S. § 1-12-100.5.

Definition [Designated election official]

The secretary of state, a county clerk and recorder, or other election official as provided by article XXI of the state constitution. C.R.S. § 1-12-100.5.

Definition [State]

A state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. C.R.S. § 1-8.3-102.

Definition [Ballot]

(a) A federal write-in absentee ballot;

(b) A ballot specifically prepared or distributed for use by a covered voter in accordance with this article; or

(c) A ballot cast by a covered voter in accordance with this article.

(2) “Covered voter” means:

(a) A uniformed-service voter defined in paragraph (a) of subsection (9) of this section who is a resident of this state but who is absent from this state by reason of active duty and who otherwise satisfies this state’s voter eligibility requirements;

(b) An overseas voter who, before leaving the United States, was last eligible to vote in this state and, except for a state residency requirement, otherwise satisfies this state’s voter eligibility requirements;

(c) An overseas voter who, before leaving the United States, would have been last eligible to vote in this state had the voter then been of voting age and, except for a state residency requirement, otherwise satisfies this state’s voter eligibility requirements; or

(d) An overseas voter who was born outside the United States, is not described in paragraph (b) or (c) of this subsection (2), and, except for a state residency requirement, otherwise satisfies this state’s voter eligibility requirements if the last place where a parent, legal guardian, spouse, or civil union partner of the voter was, or under this article would have been, eligible to vote before leaving the United States is within this state.

C.R.S. § 1-8.3-102.

Definition [Person]

Any natural person, partnership, committee, association, corporation, labor organization, political party, or other organization or group of persons. Section 2(11) of article XXVIII of the state constitution.

Definition [Election]

Any election under the “Uniform Election Code of 1992” or the “Colorado Municipal Election Code of 1965”, article 10 of title 31, C.R.S. C.R.S. § 1-7.5-103.

Definition [Secretary]

The Colorado secretary of state. C.R.S. § 1-1.5-102.

Definition [Committee]

The committee of signers described in section 1-12-108(2). C.R.S. § 1-12-100.5.