Colorado § 1-5-208 Election may be canceled - when

Colorado Statutes

§ 1-5-208 — Election may be canceled - when

Colorado·Title 01 Elections·Art. Notice of and Preparation for Elections

(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 go

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(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that all ballot issues or ballot questions have been withdrawn from the ballot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 must be posted 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 must 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.

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Legislative History

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. L. 2016: (6) amended, (SB 16-142), ch. 173, p. 579, � 39, effective May 18. L. 2018: (6) amended, (SB 18-233), ch. 262, p. 1608, � 12, effective May 29.