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Colorado > Colorado Electoral Code > Recall and Vacancies In Office

1-12-111. Setting date of recall election

Overview of Statute

Upon the filing of a sufficient recall petition, and after the time for protest lapses, the designated election official or governor must set a date for holding an election between thirty and sixty days after the date of the filed petition. However, when a sufficient petition is filed within ninety days of a general election, the recall election will be held with the general election.

Statute

If the recall petition is held to be sufficient under section 1-12-108 (8) (c) and after the time for protest has passed and any such protest has been fully adjudicated, the designated election official or governor, as appropriate, without delay, shall set a date for holding the election not less than thirty nor more than sixty days after the petition has been filed and thus deemed sufficient by the designated election official and either the time for protest has passed or the time for such protest to be fully adjudicated has passed; however, if a general election is to be held within ninety days after the petition has been deemed sufficient and the time for protest has passed and the time for such protest to be fully adjudicated has passed, the recall election must be held as a part of that election.

 

 

Source: L. 92: Entire article R&RE, p. 796, § 15, effective January 1, 1993.L. 97: Entire section amended, p. 1063, § 6, effective May 27.L. 2012: Entire section amended, (HB 12-1293), ch. 236, p. 1044, § 9, effective May 29.L. 2014: Entire section amended, (SB 14-158), ch. 170, p. 619, § 6, effective May 9.

 

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 [Fully adjudicated]

To have been decided by a final judgment by a court of competent jurisdiction and from which there can be no appeal. 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 [Date for holding the election]

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.

C.R.S. § 1-12-100.5.

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.

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