Special elections shall be held on any Tuesday designated by ordinance or resolution of the governing body. No special election shall be held within the ninety days preceding a regular election. No special election shall be called within sixty days before the date thereof, nor shall any special election be held within the thirty-two days before or after the date of a primary, general, or congressional vacancy election. A special election may be held at the same time and place as a primary, congressional vacancy, or general election as a coordinated election pursuant to section 1-7-116, C.R.S., or may be conducted at the same time as a mail ballot election pursuant to article 7.5 of title 1, C.R.S. Special elections shall be conducted as nearly as practicable in the same manner as regular elections.
Source: L. 75: Entire title R&RE, p. 1040, � 1, effective July 1. L. 81: Entire section amended, p. 296, � 18, effective June 19. L. 95: Entire section amended, p. 856, � 99, effective July 1. L. 2000: Entire section amended, p. 796, � 15, effective August 2. L. 2005: Entire section amended, p. 774, � 58, effective June 1. L. 2015: Entire section amended, (HB 15-1130), ch. 230, p. 856, � 7, effective August 5.
Editor's note: This section is similar to former � 31-10-109 as it existed prior to 1975.
Cross references: For the legislative declaration in HB 15-1130, see section 1 of chapter 230, Session Laws of Colorado 2015.
31-10-109. Submission of question on regular election date for municipalities. (1) (a) Pursuant to section 31-11-111 (2), the governing body of each municipality, in consultation with the clerk and recorder of the county in which the municipality is located, may submit to a vote of the registered electors of the municipality for placement on the ballot the question of whether the regular election date of such municipality shall be changed to either the Tuesday succeeding the first Monday of November in each odd-numbered year or the Tuesday succeeding the first Monday of November in each even-numbered year.
(b) Where a majority of the registered electors voting on the question submitted in accordance with the requirements of paragraph (a) of this subsection (1) approve a change in the regular election date of the municipality, the governing body of the municipality shall by ordinance establish its new regular election date in accordance with the vote of the registered electors and may include in the ordinance any alteration in the terms of office of officials that may be necessary to accomplish the change in election dates in an orderly manner. In no event shall the ordinance shorten the term of any elected official in office at the time of its adoption.
(2) Procedures for submitting the question described in paragraph (a) of subsection (1) of this section to the registered electors of the municipality shall follow the procedures set forth in article 11 of this title pertaining to municipal initiatives.
(3) Any municipality that has changed its regular election date in accordance with the requirements of this section may change its regular election date pursuant to the procedures specified in subsection (1) of this section for the sole purpose of making the regular election date of the municipality the regular election date in effect prior to the change in such date commenced under this section.
Source: L. 2004: Entire section added, p. 809, � 4, effective July 1.