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Colorado > Colorado Electoral Code > Recall and Vacancies In Office

1-12-209. Terms of persons filling vacancies

Overview of Statute

Except for appointments on nonpartisan boards, officers elected or appointed to fill a vacancy will assume office immediately after a determination of his or her qualifications and will hold the office until a successor is elected and takes office. The successors later elected will begin office according to the provisions outlined in C.R.S. § 1-1-201.

Statute

Except for appointments on nonpartisan boards, any officers elected or appointed to fill vacancies as provided in this article shall qualify and enter upon the duties of their offices immediately thereafter. If elected or appointed, the officers shall hold the office during the unexpired term for which they were elected and until their successors are elected, qualified, and take office on the second Tuesday of January, except as otherwise provided by law, in accordance with section 1-1-201.

 

 

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

Editor’s note: This section is similar to former § 1-12-108 as it existed prior to 1992.
 
ANNOTATION

Annotator’s note. The following annotations include a case decided under former provisions similar to this section.

One appointed to fill the vacant and unexpired term of a public office holds precisely as his predecessor would have done had the vacancy not occurred. People ex rel. Callaway v. De Guelle, 47 Colo. 13, 105 P. 1110 (1909).

And one elected to a public office has a contingent or inchoate right which becomes absolute upon qualification. No one can enter into the office during the term for which another is elected, until the officer elected is ousted, or his right terminated, which can never occur until the day appointed by law for the enforcement of his term. If at that date he has failed to qualify, the office is vacant. People ex rel. Callaway v. De Guelle, 47 Colo. 13, 105 P. 1110 (1909).
Definition [Section]

A bound compilation of initiative forms approved by the secretary of state, which shall include pages that contain the warning required by section 1-40-110 (1), the ballot title, the abstract required by section 1-40-110 (3), and a copy of the proposed measure; succeeding pages that contain the warning, the ballot title, and ruled lines numbered consecutively for registered electors’ signatures; and a final page that contains the affidavit required by section 1-40-111 (2). Each section shall be consecutively prenumbered by the petitioner prior to circulation.

Cases

colorado Cases

Case Name: People ex rel. Callaway v. De Guelle

Citation: 105 P. 1110 (Colo. 1909)

Year: 1909

Case PDF: People ex rel. Callaway v. De Guelle

Case Summary:

  1. One appointed to fill the vacant and unexpired term of a public office holds precisely as his predecessor would have done had the vacancy not occurred.
  2. One elected to a public office has a contingent or inchoate right which becomes absolute upon qualification. No one can enter into the office during the term for which another is elected, until the officer elected is ousted, or his right terminated, which can never occur until the day appointed by law for the enforcement of his term. If at that date he has failed to qualify, the office is vacant.
  3. An appointee to fill a vacancy under our law holds until the next general election, if no new term intervenes between the time of his appointment and the time of such election; but, if a new term commences during the interval, the term of the appointee ends, and the one entitled to the new term has a right thereto; but if such one on the arrival of the term does not appear and qualify, though the reason thereof be death, there is a vacancy in the office for the term. That until an appointment is made the incumbent of the previous  term holds over; but when an appointment is made, and the appointee qualifies, the previous term and the rights of the incumbent to the office are ended.

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