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colorado > Colorado Electoral Code > Recall and Vacancies In Office

1-12-207. Vacancies on nonpartisan boards

Overview of Statute

The remaining director or directors on a nonpartisan board will appoint a qualified individual to fill any vacancy on its board. This appointee will serve until the next regular election when someone will be elected to fill the remaining portion of the term. Should the board fail, neglect, or refuse to fill the vacancy within sixty days, then the board of county commissioners must fill the vacancy. If no duly elected directors remain and the district cannot continue to operate, the board of commissioners must appoint all directors. Boards appointed under these circumstances must call a special election no later than six months after its appointment.

Statute

(1) Any vacancy on a nonpartisan board shall be filled by appointment by the remaining director or directors. The appointee shall meet all of the qualifications for holding the office. The appointee shall serve until the next regular election, at which time any remaining unexpired portion of the term shall be filled by election. If the board fails, neglects, or refuses to fill any vacancy within sixty days after it occurs, the board of county commissioners of the county in which the organizational petition is filed shall fill the vacancy.

(2) If there are no duly elected directors and if the failure to appoint a new board will result in the interruption of services that are being provided by the district, then the board of county commissioners of the county in which the organizational petition is filed may appoint all directors. Any board appointed pursuant to this subsection (2) shall call a special election within six months after its appointment.

 

 

Source: L. 92: Entire article R&RE, p. 802, § 15, effective January 1, 1993.

 

ANNOTATION

A director appointed to the board of a ground water management district pursuant to § 37-90-126 must stand for election at the district’s next regular election. The ground water management law does not address the issue. Because the election code was intended to provide answers to election procedures not included in other statutes, this section controls. Deutsch v. Kalcevic, 140 P.3d 340 (Colo. App. 2006).

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.