(1) When the taxpaying electors of any county in this state are desirous of changing the county seat of the county in which they reside from the place where such county seat has been permanently located, they may at any time present to the board of county commissioners of such county a petition signed by a majority of such taxpaying electors whose names shall appear on the last tax roll. No names shall be withdrawn from said petition after the same has been presented to the board of county commissioners, except in cases of actual fraud in the procuring of signatures to the same.
(2) Thereupon it is the duty of the board to require the county clerk and recorder, in giving notice for the next general election, to notify the registered voters of said county to designate upon their ballots at such election the place of their choice; and, if upon canvassing the votes polled or given it appears that any one place has two-thirds of all legal votes polled or given, such place shall be the county seat, and notice of any change thereby made shall be given as provided by law. Where there are no county buildings and the petition so states, it shall not be necessary for such majority to be more than a mere majority of all the legal votes cast to effect such removal.
(3) The term "taxpaying electors" as used in this section means only those persons who are qualified voters under the registration and election laws of this state, and who in the calendar year last preceding the year in which such petition is presented as aforesaid have paid a tax, or are liable for the payment of such tax, on real or personal property assessed to them and owned by them in the county in which such petition is presented.
Source: R.S. p. 162, § 42. G.L. omitted. G.S. § 685. L. 1885: p. 163, § 1. L. 1891: p. 117, § 1. R.S. 08: § 1167. L. 11: p. 263, § 1. L. 13: p. 229, § 1. C.L. § 8655. CSA: C. 44, § 98. CRS 53: § 34-3-7. C.R.S. 1963: § 34-3-7. L. 85: (2) amended, p. 1343, § 5, effective April 30.
ANNOTATION
Under the constitution the general assembly has no power to remove a county seat. Coleman v. People, 7 Colo. App. 243, 42 P. 1041 (1895).
Regulated by general law. The constitution deprives the general assembly of power to remove a county seat, but permits the question of such removal to be regulated by general law, with the limitations, that there can be no removal unless a majority of the electors vote for it, and that no proposition on the subject shall be submitted more often than once in four years. Coleman v. People, 7 Colo. App. 243, 42 P. 1041 (1895).
Voting majorities required for placement or removal. The plain meaning of this section is that where the county seat has not been permanently located a majority of all the legal votes upon the proposition must be in favor of some one place, and if it has been permanently established, it requires a two-thirds vote in favor of some one place before a removal can be effected. Bd. of Comm'rs v. People ex rel. Love, 26 Colo. 297, 57 P. 1080 (1899).
Where the relator, in mandamus proceedings to compel the removal of a county seat, has long been a resident of the county, without taking steps to test the legality of its location, he should not be permitted to initiate such proceedings. Coleman v. People, 7 Colo. App. 243, 42 P. 1041 (1895).