Colorado § 30-10-105 When office becomes vacant

Colorado Statutes

§ 30-10-105 — When office becomes vacant

Colorado § 30-10-105

Title 30Government

Art.County Officers

This text of Colorado § 30-10-105 (When office becomes vacant) is published on Counsel Stack Legal Research, covering Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Colo. Rev. Stat. § 30-10-105 (2026).

Text

(1)Every county office shall become vacant, on the happening of any one of the following events, before the expiration of the term of office:

(a)The death of the incumbent;

(b)The resignation of the incumbent;

(c)The removal of the incumbent;

(d)The incumbent's ceasing to be an inhabitant of the county for which he was elected or appointed;

(e)The incumbent's refusal or neglect to take an oath or affirmation in accordance with section 24-12-101, to give or renew his or her official bond, or to deposit such bond within the time prescribed by law;

(f)The decision of a competent tribunal declaring void his election or appointment;

(g)The incumbent is declared incapacitated in the manner provided in subsection (4) of this section.

(h)Repealed.

(2)In the event a county

Free access — add to your briefcase to read the full text and ask questions with AI

(1) Every county office shall
become vacant, on the happening of any one of the following events, before the
expiration of the term of office:

(a) The death of the incumbent;

(b) The resignation of the incumbent;

(c) The removal of the incumbent;

(d) The incumbent's ceasing to be an inhabitant of the county for which he
was elected or appointed;

(e) The incumbent's refusal or neglect to take an oath or affirmation in
accordance with section 24-12-101, to give or renew his or her official bond, or to
deposit such bond within the time prescribed by law;

(f) The decision of a competent tribunal declaring void his election or
appointment;

(g) The incumbent is declared incapacitated in the manner provided in
subsection (4) of this section.

(h) Repealed.

(2) In the event a county officer is found guilty of any felony or infamous
crime by a court or jury, the board of county commissioners shall immediately
suspend such county officer from office without pay until his conviction is final and
he has exhausted, or by failure to assert them has waived, all rights to new trial and
all rights of appeal. At the time such officer's conviction is final and he has
exhausted, or by failure to assert them has waived, all rights to appeal and new
trial, the said board shall remove such officer from office and his successor shall be
appointed as provided by statute, unless during such period of suspension a
successor has been duly elected and qualified and said successor, whether so
appointed or elected, shall be the duly constituted officer.

(3) Should the officer suspended from office by the board of county
commissioners as provided in this section be found not guilty in a state or federal
court either on appeal, original trial, or new trial, the board shall forthwith reinstate
such officer and give him his back pay, unless during such period of suspension a
successor to such suspended officer has been duly elected and qualified. In the
event a successor to such suspended officer has been so elected and qualified,
such suspended officer shall receive his back pay only up to the expiration date of
his regular term of office and he shall not be reinstated or paid further unless he is
such person duly elected and qualified.

(4) (a) Any county officer shall be declared incapacitated when there is a
judicial determination that he is unable to routinely and fully carry out the
responsibilities of his office by virtue of mental or physical illness or disability and
he has been so unable for a continuous period of not less than six months
immediately preceding the finding of incapacity. The quantum of proof required, the
procedures to be followed, and the rights reserved to the subject of any
determination of incapacity under this subsection (4) shall be those specified for
the appointment of guardians in part 3 of article 14 of title 15, C.R.S., to the extent
applicable.

(b) A proceeding to determine incapacity under this subsection (4) shall be
commenced in the district court by a majority of the board of county
commissioners. With respect to a county commissioner, proceedings shall be
commenced when said commissioner fails to attend any regular meeting of the
board of county commissioners for a period of six months. With respect to any
county officer other than a county commissioner, proceedings shall be commenced
when such officer fails to report to his office or other regular place of business for a
period of six months.

(c) In any county having a population of less than one hundred thousand, the
county shall be represented in the district court by the district attorney or by a
qualified attorney acting for the district attorney who is appointed by the district
court for that purpose. In any county having a population of one hundred thousand
or more, the county shall be represented by the county attorney or a qualified
attorney acting for the county attorney who is appointed by the district court for
that purpose.

Legislative History

Source: G.L. � 561. G.S. � 661. R.S. 08: � 1359. C.L. � 8836. CSA: C. 45, � 183. CRS 53: � 35-1-5. L. 57: p. 308, � 1. C.R.S. 1963: � 35-1-5. L. 89: (1)(g) and (4) added, p. 1277, �� 1, 2, effective March 9. L. 90: (1)(h) added, p. 1445, � 2, effective April 5; (1)(h) repealed, p. 1847, � 43, effective May 31. L. 2000: (4)(a) amended, p. 1835, � 15, effective January 1, 2001. L. 2018: (1)(e) amended, (HB 18-1138), ch. 88, p. 696, � 20, effective August 8.