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Colorado > Colorado Electoral Code > Recall and Vacancies In Office

1-12-105. Signatures required for school district officers

Overview of Statute

For recalls involving school district officers, petitions must be signed by eligible electors equal in number to at least forty percent of the vote count in the election for the officer. If no election was held, then the petition must be signed by eligible electors equal in number to at least ten percent of the number of electors residing within the school district at the time of the petition’s approval. The number of signatures must always equal at least ten percent of the eligible electors in the school district, so long as this number does not exceed fifteen thousand signatures.

Statute

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.

 

 

Source: L. 92: Entire article R&RE, p. 794, § 15, effective January 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.

 

Cross references: For the determination of existence of vacancy in county offices, see § 30-10-105.

Definition [Approved as to form]

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. C.R.S. § 1-12-100.5.

Definition [Section]

A bound compilation of initiative forms approved by the secretary of state, which shall include pages that contain the warning required by section 1-40-110 (1), the ballot title, the abstract required by section 1-40-110 (3), and a copy of the proposed measure; succeeding pages that contain the warning, the ballot title, and ruled lines numbered consecutively for registered electors’ signatures; and a final page that contains the affidavit required by section 1-40-111 (2). Each section shall be consecutively prenumbered by the petitioner prior to circulation.

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 [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.