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Colorado > Colorado Electoral Code > Recall and Vacancies In Office

1-12-102. Limitations

Overview of Statute

No recall petitions can be filed against an elected officer until the person has held office for at least six months. Members of the general assembly are exempt from this rule, and a recall petition may be filed against a member once five days have passed since the convening of the general assembly after an election.

After a recall petition and election, only petitions signed by a number of petitioners equal to at least half of the votes cast in the officer’s last election may be filed against the officer for the remainder of the elected term of office. Petitions for nonpartisan officers are handled differently. For the first year after a recall petition and election against a nonpartisan elected officer, only petitions signed by a number of petitioners equal to at least one and one-half times the number of required signatures on the first filed petition may be filed against the officer. No petitions may be filed against any officer during the person’s last six months in office.

Statute

(1) No recall petition shall be circulated or filed against any elected officer until the officer has actually held office for at least six months following the last election; 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.

(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 shall be filed against the same nonpartisan 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, until one year has elapsed from the date of the previous recall election.

(4) No recall petition shall be circulated or filed against any elected officer whose term of office will expire within six months.

 

 

Source: L. 92: Entire article R&RE, p. 793, § 15, effective January 1, 1993.L. 97: (4) added, p. 1061, § 1, effective May 27.

 

Cross references: For the power of the county central committee to fill vacancies, see § 1-3-104.

Definition [Circulated]

Presented to an elector for the collection of a signature and other information required by this article. C.R.S. § 1-12-100.5.

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 [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 [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 [Committee]

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

Definition [Candidate]

Any person who seeks nomination or election to any state or local public office that is to be voted on in this state at any primary election, general election, school district election, special district election, or municipal election. “Candidate” also includes a judge or justice of any court of record who seeks to be retained in office pursuant to the provisions of section 25 of article VI. A person is a candidate for election if the person has publicly announced an intention to seek election to public office or retention of a judicial office and thereafter has received a contribution or made an expenditure in support of the candidacy. A person remains a candidate for purposes of this article so long as the candidate maintains a registered candidate committee. A person who maintains a candidate committee after an election cycle, but who has not publicly announced an intention to seek election to public office in the next or any subsequent election cycle, is a candidate for purposes of this article. Section 2(2) of article XXVIII of the state constitution.

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