1-12-119. Canvass of votes – notification of results
Overview of Statute
The canvass board for recall elections of partisan officers must be composed of one representative from each major political party and the county clerk and recorder. For recall of a nonpartisan officer, the canvass board will instead be composed of the designated election official, one member of the governing body, and one eligible elector of the political subdivision. Article 10 of this title will govern how the boards complete and certify the abstract of votes. Upon the completion of a successful recall election, the designated election official will issue a certificate of election to the governmental body where the recall election occurs and the winning candidate will assume the duties of office after being sworn in. When a majority of voters approve a recall question, the election official must also notify all candidates, the incumbent, the committee, and the governing body of these results.
Statute
(1) For the recall of a partisan officer, the canvass board shall be composed of one representative from each major political party and the county clerk and recorder.
(2) For the recall of a nonpartisan officer, the canvass board shall be composed of the designated election official, one member of the governing body, and one eligible elector of the political subdivision.
(3) The canvass board shall complete and certify the abstract of votes in accordance with article 10 of this title.
(4) If the majority of those voting on the recall question voted “yes”, upon receipt of the certified abstract of votes cast, the designated election official shall issue a certificate of election to the successor candidate who received the highest number of votes. A copy of the certificate shall be transmitted by the secretary of state to the appropriate house of the general assembly for recall elections concerning the general assembly and to the governor for the recall of all other elections of state officers. For all other recall elections, a copy of the certificate shall be transmitted to the governing body of the political subdivision. The candidate who received the highest number of votes shall be sworn in and shall assume the duties of the office upon certification of the election results.
(5) If less than a majority of those voting on the recall question voted “yes”, upon receipt of the certified abstract of votes cast, the designated election official shall notify in writing the incumbent, each candidate for the office, the committee, and the governing body of the incumbent.
Source: L. 92: Entire article R&RE, p. 797, § 15, effective January 1, 1993.L. 95: (3) and (4) amended, p. 850, § 78, effective July 1.L. 99: Entire section amended, p. 491, § 22, effective July 1.L. 2012: Entire section amended, (HB 12-1293), ch. 236, p. 1047, § 18, effective May 29.
- Cross-References:
- Ballot Initiatives & Recall Elections
- Canvassing & Certification of Election Results
- Election Offenses & Judicial Proceedings
- Recalls
1. Definition for Political party
Any group of registered electors who, by petition or assembly, nominate candidates for the official general election ballot. “Political party” includes affiliated party organizations at the state, county, and election district levels, and all such affiliates are considered to be a single entity for the purposes of this article, except as otherwise provided in section 7. Section 2(13) of article XXVIII of the state constitution.
2. Definition for Political subdivision
A governing subdivision of the state, including counties, municipalities, school districts, and special districts. C.R.S. § 1-7.5-103.
3. 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.
4. 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.
5. Definition for Title
A brief statement that fairly and accurately represents the true intent and meaning of the proposed text of the initiative.
6. 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.
7. 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.
8. Definition for Secretary
The Colorado secretary of state. C.R.S. § 1-1.5-102.
9. Definition for Committee
The committee of signers described in section 1-12-108(2). C.R.S. § 1-12-100.5.
10. Definition for Candidate
Any person who seeks nomination or election to any state or local public office that is to be voted on in this state at any primary election, general election, school district election, special district election, or municipal election. “Candidate” also includes a judge or justice of any court of record who seeks to be retained in office pursuant to the provisions of section 25 of article VI. A person is a candidate for election if the person has publicly announced an intention to seek election to public office or retention of a judicial office and thereafter has received a contribution or made an expenditure in support of the candidacy. A person remains a candidate for purposes of this article so long as the candidate maintains a registered candidate committee. A person who maintains a candidate committee after an election cycle, but who has not publicly announced an intention to seek election to public office in the next or any subsequent election cycle, is a candidate for purposes of this article. Section 2(2) of article XXVIII of the state constitution.