Colorado § 1-12-111 Setting date of recall election

Colorado Statutes

§ 1-12-111 — Setting date of recall election

Colorado·Title 01 Elections·Art. Recall and Vacancies in Office

(1)If the recall petition is held to be sufficient under section 1-12-108 (8)(c) and after the time for protest has passed and any such protest has been fully adjudicated, the designated election official shall wait five days to see if the incumbent resigns. If five days have passed and the incumbent has not resigned, the designated election official shall submit the certificate of sufficiency to the governor, or create the certificate and keep a copy, as appropriate, on the sixth day after the time for protest has passed and any such protest has been fully adjudicated. The designated election official shall post the certificate on his or her official website by twelve noon on the day after the day on which he or she submits or creates the certificate of sufficiency.

(2)After r

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(1) If the recall petition is held to be
sufficient under section 1-12-108 (8)(c) and after the time for protest has passed
and any such protest has been fully adjudicated, the designated election official
shall wait five days to see if the incumbent resigns. If five days have passed and the
incumbent has not resigned, the designated election official shall submit the
certificate of sufficiency to the governor, or create the certificate and keep a copy,
as appropriate, on the sixth day after the time for protest has passed and any such
protest has been fully adjudicated. The designated election official shall post the
certificate on his or her official website by twelve noon on the day after the day on
which he or she submits or creates the certificate of sufficiency.

(2) After receiving or creating the certificate of sufficiency, the governor or
designated election official shall, within twenty-four hours, set a date for holding
the election, which date shall be not less than thirty nor more than sixty days after
the certificate of sufficiency has been submitted to the governor or created; except
that, if a general election is to be held within ninety days after the certificate of
sufficiency has been submitted to the governor, the recall election must be held as
a part of that election. For a county or school district election, if a general election
is to be held within one hundred twenty days after the certificate of sufficiency has
been created, the recall election must be held as part of that election. Regardless
of any other requirement found in this section, a county or school district recall
election may not be held within sixty days after the date of a primary, general, or
congressional vacancy election.

(3) If, during the same fifteen-day period, the designated election official of
a county or school district office approves recall petitions for circulation against
more than one elected official in the same political subdivision, the designated
election official may delay setting the date for holding the election until the
sufficiency of all recall petitions for that political subdivision are finally determined
and adjudicated.

Colorado § 1-12-111 (Setting date of recall election) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

Source: L. 92: Entire article R&RE, p. 796, � 15, effective January 1, 1993. L. 97: Entire section amended, p. 1063, � 6, effective May 27. L. 2012: Entire section amended, (HB 12-1293), ch. 236, p. 1044, � 9, effective May 29. L. 2014: Entire section amended, (SB 14-158), ch. 170, p. 619, � 6, effective May 9. L. 2021: Entire section amended, (SB 21-250), ch. 282, p. 1662, � 57, effective June 21. L. 2023: (2) amended, (SB 23-276), ch. 399, p. 2392, � 42, effective June 6.