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Colorado > Colorado Electoral Code > Recall and Vacancies In Office

1-12-123. Conflicts with constitutional requirements for recall of state officers or other elections laws

Overview of Statute

Article XXI of the Colorado Constitution controls in the event of conflict with any provision governing the recall of state officers outlined in part one of this article. However, part one will control in the event of conflict with any other provisions of the state code.

Statute

(1) To the extent that this part 1 concerning the recall of state officers conflicts with article XXI of the state constitution, article XXI of the state constitution controls.

(2) To the extent that this part 1 conflicts with other provisions of this code, this part 1 controls.

 

 

Source: L. 97: Entire section added, p. 1064, § 10, effective May 27.L. 2014: Entire section amended, (SB 14-158), ch. 170, p. 622, § 11, 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 [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 [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.

State Constitutional Provisions

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