§ 1-12-120 — Cost of recall election

Colorado § 1-12-120

• Jurisdiction: Colorado
• Title 01: Elections
• Art.: Recall and Vacancies in Office

Text

(1) If at any recall election for a state office
the incumbent whose recall is sought is not recalled, the incumbent shall be repaid
from the state treasury any money authorized by this article which the incumbent
actually expended as an expense of the recall election. In no event shall the sum
repaid be greater than an amount equal to ten cents per voter. The general
assembly shall provide an appropriation for state recall elections.

(2) If, at any recall election for a county or local government office, an
election is held and the incumbent is not recalled, the governing body shall
authorize a resolution for repayment from the general fund of the political
subdivision any money authorized to be repaid to the incumbent by this article 12,
which the incumbent actually expended as an expense of the election. In no event
shall the sum repaid exceed forty cents per eligible elector as defined in section 1-1-104 (16), subject to a maximum repayment of ten thousand dollars.

(3) Authorized expenses only include money spent after a petition has been
deemed sufficient by the designated election official in challenging the sufficiency
of the recall petition and in presenting to the electors the official position of the
incumbent, including campaign literature, advertising, and maintaining campaign
headquarters.

(4) Unauthorized expenses include money spent prior to the date on which a
petition has been deemed sufficient by the designated election official; money
spent on challenges and court actions not pertaining to the sufficiency of the recall
petition; personal expenses for meals; lodging and mileage for the incumbent; costs
of maintaining a campaign staff and associated expenses; reimbursement for
expenses incurred by a campaign committee which has solicited contributions;
reimbursement of any kind for employees in the incumbent's office; and all
expenses incurred prior to the filing of the recall petition.

(5) The incumbent shall file a complete and detailed request for
reimbursement within sixty days after the date of the recall election with the
governing body of the political subdivision holding the recall election, who shall
then review the reimbursement request for appropriateness under subsection (2) of
this section and shall refer the request, with recommendations, to the general
assembly at its next general session for state recall elections or to the treasurer of
the governing body for all other elections within thirty days after receipt of the
request for reimbursement.

Legislative History

Source: L. 92: Entire article R&RE, p. 798, � 15, effective January 1, 1993. L. 97: (2) amended, p. 1064, � 9, effective May 27. L. 2021: (2), (3), and (4) amended, (SB 21-250), ch. 282, p. 1666, � 65, effective June 21.