1-5-208. Election may be canceled – when
Overview of Statute
Designated election officials may cancel uncontested non-partisan elections if meeting listed criteria. In certain circumstances, the governing body may also withdraw ballot issues or questions and cancel elections by resolution. However, neither the governing body nor designated election officials may cancel an election in part, unless the cancellation is caused by changes to ballot issues or questions. Upon cancellation, the governing body must give notice and reimburse costs to affected election officials. The governing body must also post notice of the cancellation at each polling location, the office of the designated election official, and the office of the county clerk and recorder. For special district elections, the governing body must provide notice to the local government. In addition, the governing body must notify candidates of the election cancellation and satisfy other related requirements.
(1) (Deleted by amendment, L. 2010, (HB 10-1116), ch. 194, p. 832, § 11, effective May 5, 2010.)
(1.5) Except as provided in section 1-4-104.5, if the only matter before the electors in a nonpartisan election is the election of persons to office and if, at the close of business on the sixty-third day before the election, there are not more candidates than offices to be filled at the election, including candidates filing affidavits of intent, the designated election official, if instructed by resolution of the governing body, shall cancel the election and declare the candidates elected.
(2) Except for initiative and recall elections, no later than twenty-five days before an election conducted as a coordinated election in November, and at any time prior to any other elections, a governing body may by resolution withdraw one or more ballot issues or ballot questions from the ballot. The ballot issues and ballot questions shall be deemed to have not been submitted and votes cast on the ballot issues and ballot questions shall either not be counted or shall be deemed invalid by action of the governing body.
(3) If the electors are to consider the election of persons to office and ballot issues or ballot questions, the election may be canceled by the governing body only in the event that all of the conditions of subsection (1.5) of this section exist and that all ballot issues or ballot questions have been withdrawn from the ballot pursuant to subsection (2) of this section.
(4) Except as provided in subsection (2) of this section, no election may be canceled in part.
(5) Unless otherwise provided by an intergovernmental agreement pursuant to section 1-7-116, upon receipt of an invoice, the governing body shall within thirty days promptly pay all costs accrued by the county clerk and recorder and any coordinating political subdivision attributable to the canceled election or withdrawn ballot issues or ballot questions.
(6) The governing body shall provide notice by publication of the cancellation of the election. A copy of the notice shall be posted at each polling location of the political subdivision, in the office of the designated election official, and in the office of the clerk and recorder for each county in which the political subdivision is located and, for special districts, a copy of the notice shall be filed in the office of the division of local government. The governing body shall also notify the candidates that the election was canceled and that they were elected by acclamation.
Source: L. 92: Entire article R&RE, p. 705, § 8, effective January 1, 1993.L. 94: Entire section amended, p. 1160, § 28, effective July 1; entire section amended, p. 1769, § 28, effective January 1, 1995.L. 95: (1) and (6) amended, p. 837, § 51, effective July 1.L. 96: (1) amended and (1.5) added, p. 1743, § 34, effective July 1.L. 2000: (2), (3), (4), and (5) amended, p. 790, § 1, effective August 2.L. 2010: (1) and (1.5) amended, (HB 10-1116), ch. 194, p. 832, § 11, effective May 5.L. 2012: (3) amended,(HB 12-1292), ch. 181, p. 682, § 19, effective May 17.L. 2013: (6) amended, (HB 13-1303), ch. 185, p. 710, § 38, effective May 10.
Editor’s note: Amendments to this section in House Bill 94-1286 and House Bill 94-1294 were harmonized.
Cross references: In 2013, subsection (6) was amended by the “Voter Access and Modernized Elections Act”. For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013.
1. Definition for Political subdivision
A governing subdivision of the state, including counties, municipalities, school districts, and special districts. C.R.S. § 1-7.5-103.
2. 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.
3. 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.
4. Definition for Person
Any natural person, partnership, committee, association, corporation, labor organization, political party, or other organization or group of persons. Section 2(11) of article XXVIII of the state constitution.
5. 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.
6. 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.