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Colorado > Colorado Electoral Code > Recall and Vacancies In Office

1-12-101. Elected officers subject to recall

Overview of Statute

Eligible electors in the state may both recall any elected officer in the state and political subdivisions and vote for a successor. These recalls will be governed by this article’s provisions.

Statute

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.

 

 

Source: L. 92: Entire article R&RE, p. 793, § 15, effective January 1, 1993.

Definition [Elected officer]

Any person elected to public office or appointed to fill a vacancy in an elected position of public office. C.R.S. § 1-12-100.5.

Definition [Political subdivision]

A governing subdivision of the state, including counties, municipalities, school districts, and special districts. C.R.S. § 1-7.5-103.

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.

Cases

Colorado Cases

Out-of-State Cases

Case State: colorado

Case Name: R.E.C.A.L.L. (Residents Extremely Concerned About La Plata’s Leadership) v. Sauer

Citation: 721 P.2d 154 (Colo. App. 1986)

Year: 1986

Case URL: https://www.ravellaw.com/opinions/ca6c1454b4b903a716050b9a797030ea?query=721%20P[...]

Case Summary: Both constitutional provisions governing recall of state officers and the statute relating to recall of county officers expressly require that circulators of recall petitions subscribe an oath. The simple statement appearing on the petition sheets at issue here includes neither a declaration that the statement is true, nor the formal words required by statute to be contained in oaths or affirmations. And, the statutes contemplate that oaths and affirmations must be administered to the maker by another person who is empowered so to act.

Case State: colorado

Case Name: Hazelwood v. Saul

Citation: 619 P.2d 499 (Colo. 1980)

Year: 1980

Case URL: https://www.ravellaw.com/opinions/2a5d8ec300bbb79d56eb26c642f27f3b?query=619%20P[...]

Case Summary:

  1. The right of recall is a fundamental right of the people.
  2. Statutes governing the exercise of the power to recall are to be liberally construed in favor of the ability to exercise it, and any limitations on that power must be strictly construed.
  3. Section 30–10–203(2), C.R.S. 1973, also requires that ‘[t]he person circulating such [signature] sheet must make and subscribe an oath on such sheet that the signatures thereon are genuine. . . .’ An oath that appears to be tampered by circulators with the other elements of the signatures, i.e., the addresses and dates of signing does not meet the requirements of section 30 10–203(2), C.R.S. 1973.

Federal Cases