In case a vacancy occurs in any county office, or in any precinct office in any county in this state, by reason of death, resignation, removal, or otherwise, the board of county commissioners of such county has power to fill such vacancy by appointment, subject to section 9 of article XIV of the state constitution, until an election can be held as provided by law.
Source: G.L. § 474. G.S. § 553. R.S. 08: § 1240. C.L. § 8716. CSA: C. 45, § 63. CRS 53: § 36-1-17. C.R.S. 1963: § 36-1-17.
ANNOTATION
One appointed to fill the vacant and unexpired term of a public office holds precisely as his predecessor would have done had the vacancy not occurred. People ex rel. Callaway v. De Guelle, 47 Colo. 13, 105 P. 1110 (1909).
And where a sheriff incumbent was reelected, but failed to qualify for the second term and died before his first term expired, one appointed by the board of county commissioners to the vacancy, held only to the second Tuesday of the succeeding January, the day appointed by law for the commencement of the second term of his predecessor, even though by express terms, his appointment was "until the next general election"; that upon the second Tuesday of the succeeding January there was a vacancy, and one then appointed by the county commissioners to fill it was entitled to the office until the next general election. People ex rel. Callaway v. De Guelle, 47 Colo. 13, 105 P. 1110 (1909).