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Colorado > Colorado Electoral Code > Recall and Vacancies In Office

1-12-109. Resignation

Overview of Statute

An officer’s resignation offered after a recall has been sought will be accepted. The person appointed to fill the vacancy will retain the office until a successor is elected in the recall election. If a recall election is canceled, the person appointed to the office will remain in office until the next scheduled election for the office.


If an officer whose recall is sought offers a resignation, it shall be accepted and the vacancy caused by the resignation shall be filled as provided by law. The person appointed to fill the vacancy caused by the resignation shall hold the office only until the person elected at the recall election is qualified; except that, if the recall election is canceled in accordance with section 1-12-110 (1), the person appointed to fill the vacancy shall hold the office until it is filled at the next regularly scheduled election for that office.



Source: L. 92: Entire article R&RE, p. 795, § 15, effective January 1, 1993.L. 2012: Entire section amended, (HB 12-1293), ch. 236, p. 1044, § 7, effective May 29.

Definition [Person]

Any natural person, partnership, committee, association, corporation, labor organization, political party, or other organization or group of persons. Section 2(11) of article XXVIII of the state constitution.

Definition [Section]

A bound compilation of initiative forms approved by the secretary of state, which shall include pages that contain the warning required by section 1-40-110 (1), the ballot title, the abstract required by section 1-40-110 (3), and a copy of the proposed measure; succeeding pages that contain the warning, the ballot title, and ruled lines numbered consecutively for registered electors’ signatures; and a final page that contains the affidavit required by section 1-40-111 (2). Each section shall be consecutively prenumbered by the petitioner prior to circulation.

Definition [Election]

Any election under the “Uniform Election Code of 1992” or the “Colorado Municipal Election Code of 1965”, article 10 of title 31, C.R.S. C.R.S. § 1-7.5-103.