1-12-117. Nomination of successor – ballot certification
Overview of Statute
Successor candidates in partisan recall elections must meet the relevant qualifications, either for a party or unaffiliated candidate, and receive a nomination by a political party or unaffiliated petition. Nomination petitions must be filed between the first permissible day for filing a petition and the fifteenth day prior to the date that an election is held. For nonpartisan elections, nomination petitions for candidates whose names will appear on the ballot must be circulated in this same time frame. Either Title 1, Art. 4, Pt. 8 or other relevant statutory sections govern the number of required votes for any nomination petition.
Designated election officials must verify candidate petitions within forty-eight hours after the deadline to file a petition, and then certify the petition no later than two business days following this date. A recalled officer is not eligible to serve as a candidate to fill any vacancy resulting from a recall election.
(1) For partisan elections, a candidate to succeed the officer sought to be recalled shall meet the qualifications of a party candidate or an unaffiliated candidate as provided in part 8 of article 4 of this title and shall be nominated by a political party petition or an unaffiliated petition as provided in part 9 of article 4 of this title. Nomination petitions may be circulated beginning the first date on which a protest may be filed and shall be filed no later than fifteen calendar days prior to the date for holding the election as provided in section 1-12-111.
(2) For nonpartisan elections, nomination petitions for candidates whose names are to appear on the ballot may be circulated beginning the first date on which a protest may be filed and shall be filed no later than fifteen calendar days prior to the date for holding the election as provided in section 1-12-111.
(3) (a) Every nomination petition shall be signed by the number of eligible electors required for the office in part 8 of article 4 of this title or as otherwise provided by law.
(b) (I) The designated election official shall verify successor candidate petitions within forty-eight hours after the deadline to file such petitions as set forth in subsections (1) and (2) of this section.
(II) The designated election official shall certify the ballot content as soon as possible, but not later than two business days after the date upon which the verification of successor candidate petitions is required pursuant to subparagraph (I) of this paragraph (b).
(4) The officer who was sought to be recalled is not eligible as a candidate in the election to fill any vacancy resulting from the recall election.
Source: L. 92: Entire article R&RE, p. 797, § 15, effective January 1, 1993.L. 94: Entire section amended, p. 1179, § 71, effective July 1.L. 95: Entire section amended, pp. 849, 862, § § 76, 123, effective July 1.L. 97: Entire section amended, p. 1064, § 8, effective May 27.L. 2012: Entire section amended, (HB 12-1293), ch. 236 p. 1046, § 16, effective May 29.L. 2014: (1), (2), and (3) amended, (SB 14-158), ch. 170, p. 621, § 8, effective May 9.
Cross references: For the legislative declaration in SB 14-158, see section 1 of chapter 170, Session Laws of Colorado 2014.
1. Definition for 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.
2. Definition for Political party
Any group of registered electors who, by petition or assembly, nominate candidates for the official general election ballot. “Political party” includes affiliated party organizations at the state, county, and election district levels, and all such affiliates are considered to be a single entity for the purposes of this article, except as otherwise provided in section 7. Section 2(13) of article XXVIII of the state constitution.
3. Definition for 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.
4. Definition for 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.
5. Definition for 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.
6. Definition for 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.
7. Definition for 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.