§ 31-4-502 — Procedure - petition - signatures

Colorado § 31-4-502

• Jurisdiction: Colorado
• Title 31: Government
• Art.: Organizational Structure and Officers

Text

(1) The procedure to effect the
recall of an elective officer of a municipality shall be as follows:

(a) (I) A petition containing the requisite number of signatures under
subsection (1)(d) of this section must be filed in the office of the municipal clerk,
demanding an election of a successor to the officer named in the petition. Each
petition must designate by name and address not less than three nor more than five
persons, referred to in this section as the committee, who shall represent the
signers thereof in all matters affecting the petition. The person designated as a
member of the committee must be a registered elector of the municipality. The
petition shall clearly indicate the name of the municipality and the name of the
officer sought to be recalled. The petition must include the name of only one person
to be recalled. The petition must contain a general statement, of not more than two
hundred words, of the grounds on which the recall is sought, which statement is
intended for the information of the electors of the municipality. The electors are the
sole and exclusive judges of the legality, reasonableness, and sufficiency of the
grounds assigned for recall, and the grounds are not open to review.

(II) The signatures to a recall petition need not all be on one sheet of paper.
At the top of each page shall be printed, in bold-faced type, the following:

WARNING:

IT IS AGAINST THE LAW:

For anyone to sign this petition with any name other than one's own or to
knowingly sign one's name more than once for the same measure or to sign such
petition when not a registered elector.

Do not sign this petition unless you are a registered elector. To be a registered
elector, you must be a citizen of Colorado and registered to vote in (name of
municipality).

Do not sign this petition unless you have read or have had read to you the
proposed measure in its entirety and understand its meaning.

(b) Directly following the warning in paragraph (a) of this subsection (1) shall
be printed in bold-faced type the following:

Petition to recall (name of person sought to be recalled) from the office of (title of
office).

(c) A recall petition shall not be circulated until it has been approved as
meeting the requirements of this section as to form. The clerk shall approve or
disapprove a petition as to form no later than the close of the second business day
following submission of the proposed petition. The clerk shall mail or transmit
electronically written notice of the clerk's action to the officer sought to be
recalled on the day that any such petition is approved.

(d) A recall petition must be signed by registered electors entitled to vote for
a successor of the incumbent sought to be recalled equal in number to twenty-five
percent of the entire vote cast for all candidates for that particular office at the last
preceding regular election held in the municipality. If the person sought to be
recalled holds an office that more than one person is required by law to fill, then the
recall petition shall be signed by registered electors entitled to vote for a successor
to the incumbent sought to be recalled equal in number to twenty-five percent of
the entire vote cast at the last preceding regular election held in the municipality
for all candidates for the office, divided by the number of all officers elected to
such office at the last preceding regular election held in the municipality even if the
person sought to be recalled was elected at a different election.

Legislative History

Source: L. 75: Entire title R&RE, p. 1036, � 1, effective July 1. L. 81: (1)(a) amended, p. 1509, � 37, effective July 1. L. 85: (1)(a) to (1)(c) amended, p. 1349, � 21, effective April 30. L. 91: Entire section amended, p. 747, � 19, effective April 4. L. 2023: (1)(a)(I), (1)(c), and (1)(d) amended, (HB 23-1185), ch. 87, p. 310, � 6, effective August 7.