1-12-111.5. Nonpartisan recall mail ballot plan
Overview of Statute
For nonpartisan recall elections conducted by mail ballot, designated election officials must submit a written mail ballot plan to the Secretary of State within five calendar days of calling an election. The Secretary of State must approve or disapprove this recall mail ballot plan within five calendar days of receiving the plan, with written notice provided to the designated election official.
Statute
(1) If a nonpartisan recall election is to be conducted by mail ballot, the designated election official shall submit a written election plan to the secretary of state in accordance with section 1-7.5-105 no later than five calendar days after calling the election.
(2) The secretary of state shall approve or disapprove a recall election plan within five calendar days after receiving the plan and shall provide written notice to the designated election official.
Source: L. 2012: Entire section added, (HB 12-1293), ch. 236, p. 1045, § 10, effective May 29. L. 2019: Entire section amended, (HB 19-1278), ch. 326, p. 3035, § 47, effective August 2.
- Cross-References:
- Ballot Initiatives & Recall Elections
- Recalls
1. Definition for Designated election official
The secretary of state, a county clerk and recorder, or other election official as provided by article XXI of the state constitution. C.R.S. § 1-12-100.5.
2. Definition for State
A state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. C.R.S. § 1-8.3-102.
3. Definition for Ballot
(a) A federal write-in absentee ballot;
(b) A ballot specifically prepared or distributed for use by a covered voter in accordance with this article; or
(c) A ballot cast by a covered voter in accordance with this article.
(2) “Covered voter” means:
(a) A uniformed-service voter defined in paragraph (a) of subsection (9) of this section who is a resident of this state but who is absent from this state by reason of active duty and who otherwise satisfies this state’s voter eligibility requirements;
(b) An overseas voter who, before leaving the United States, was last eligible to vote in this state and, except for a state residency requirement, otherwise satisfies this state’s voter eligibility requirements;
(c) An overseas voter who, before leaving the United States, would have been last eligible to vote in this state had the voter then been of voting age and, except for a state residency requirement, otherwise satisfies this state’s voter eligibility requirements; or
(d) An overseas voter who was born outside the United States, is not described in paragraph (b) or (c) of this subsection (2), and, except for a state residency requirement, otherwise satisfies this state’s voter eligibility requirements if the last place where a parent, legal guardian, spouse, or civil union partner of the voter was, or under this article would have been, eligible to vote before leaving the United States is within this state.
C.R.S. § 1-8.3-102.
4. Definition for 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.
5. Definition for 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.
6. Definition for Secretary
The Colorado secretary of state. C.R.S. § 1-1.5-102.