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Colorado Statutes, Title 31

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Title 31, Government - Municipal

0 chapters · 1,054 sections in this title.

All chapters in Title 311,054 Ch 25222 Ch 10168 Ch 3581 Ch 1266 Ch 2358 Ch 3058 Ch 455 Ch 3154 Ch 1553 Ch 249 Ch 30.541 Ch 31.533 Ch 2130 Ch 2025

1,054 sections·Filtered byTitle 31✕

Colo. Rev. Stat. § 31-4-301.5 Change in number of trustees
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(1) The trustees of any statutory town may be reduced in number from six to four or again increased from four to six in the manner provided in this section. (2) When a petition signed by five percent of the registered electors of the town requesting an election for the purpose of…
Colo. Rev. Stat. § 31-4-302 Mayor - powers
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The mayor or, in his absence, one of the trustees, who may be elected mayor pro tem, shall preside at all meetings of the board of trustees and shall have the same voting powers as any member of said board. The mayor shall be considered a member of the governing body and the boar…
Colo. Rev. Stat. § 31-4-303 Trustees to fill vacancy - mayor pro tem - clerk pro tem
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(1) The board of trustees has the power, by appointment, to fill all vacancies in the board or any other office, and the person so appointed shall hold office until the next regular election and until a successor is elected and has complied with section 31-4-401. The board also h…
Colo. Rev. Stat. § 31-4-304 Appointment of officers - compensation

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The board of trustees shall appoint a clerk, treasurer, and town attorney, or shall provide by ordinance for the election of such officers, and may appoint such other officers, including a town administrator, as it deems necessary for the good government of the corporation, and i…

Colo. Rev. Stat. § 31-4-305 Clerk - duties

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The clerk shall attend all meetings of the board of trustees and make a true and accurate record of all the proceedings, rules, and ordinances made and passed by the board of trustees. Records of the town shall be open to inspection at all reasonable times and under reasonable re…

Colo. Rev. Stat. § 31-4-306 Marshal or chief of police - powers and duties

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The marshal or chief of police has the same power that sheriffs have by law, coextensive with the county in cases of violation of town ordinances, for offenses committed within the limits of the town. He or she shall execute all writs and processes directed to him or her by the m…

Colo. Rev. Stat. § 31-4-307 Removal of officers - causes - notice

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By a majority vote of all members of the board of trustees, the mayor, the clerk, the treasurer, any member of the board, or any other officer of the town may be removed from office. No such removal shall be made without a charge in writing and an opportunity of hearing being giv…

Colo. Rev. Stat. § 31-4-401 Oath or affirmation of officers - bonds - waiver - declaring office vacant

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(1) All officers elected or appointed in any municipality shall take an oath or affirmation in accordance with section 24-12-101. (2) The governing body has the power to declare vacant the office of a person appointed or elected to an office who fails to take an oath or affirmati…

Colo. Rev. Stat. § 31-4-402 New bond

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In the event that the official bond of any officer of a city or town, after the taking and approval thereof, becomes insufficient by reason of the death or insolvency of any of the sureties thereon, the governing body of such city or town may require such officer to procure addit…

Colo. Rev. Stat. § 31-4-403 Lawful pay only for governing bodies

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No member of the governing body of any city or town shall receive any compensation for his services as such member except as provided by law. Source: L. 75: Entire title R&RE, p. 1035, § 1, effective July 1.

Colo. Rev. Stat. § 31-4-404 Not to be appointed to office

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(1) During the time for which he has been elected or for one year thereafter, no member of the governing body of any city or town shall be appointed to any municipal office which is created or the emoluments of which are increased during the term for which he has been elected exc…

Colo. Rev. Stat. § 31-4-405 Emoluments not to be increased

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The emoluments of any member of the governing body, including the mayor, trustees, and councilmen, shall not be increased or diminished during the term for which he has been elected or appointed except in the case of abolition of an office, in which case the emoluments of the off…

Colo. Rev. Stat. § 31-4-406 Territorial corporations - compensation fixed by electors

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In cities and towns of not more than five thousand inhabitants incorporated prior to July 3, 1877, the mayor and members of the governing body shall not receive any compensation for services rendered by them as such mayor or members unless the question of paying such mayor or mem…

Colo. Rev. Stat. § 31-4-407 Penalty for receiving illegal compensation

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Any mayor or member of the governing body of any city or town who takes or receives payment for any services rendered by him contrary to the provisions of section 31-4-406 commits a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than twenty-five…

Colo. Rev. Stat. § 31-4-501 Officers subject to recall

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Every elected or appointed officer of any municipality of the state of Colorado may be recalled from office at any time by the registered electors of the municipality in the manner provided in section 4 of article XXI of the state constitution. The provisions of this part 5 apply…

Colo. Rev. Stat. § 31-4-502 Procedure - petition - signatures

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(1) The procedure to effect the recall of an elective officer of a municipality shall be as follows: (a) (I) A petition containing the requisite number of signatures under subsection (1)(d) of this section must be filed in the office of the municipal clerk, demanding an election …

Colo. Rev. Stat. § 31-4-503 Petition in sections - signing - affidavit - review - tampering with petition

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(1) A recall petition may be circulated and signed in sections, but each section must contain a full and accurate copy of the title and text of the petition. (2) (a) Signatures for a recall petition need not all be on one sheet of paper. All recall petitions must be filed in the …

Colo. Rev. Stat. § 31-4-504 Resignation - vacancy filled - election - ballot - nomination

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(1) If any officer resigns by submitting a written letter of resignation to the clerk at any time prior to the recall election, all recall proceedings shall be terminated, and the vacancy caused by such resignation shall be filled as provided by law. If the resignation occurs aft…

Colo. Rev. Stat. § 31-4-504.5 Incumbent not recalled - reimbursement

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(1) If at any recall election the incumbent whose recall is sought is not recalled, or in the event of a protest, the hearing officer determines that the petitions are not sufficient based upon the conduct on the part of petition circulators, the municipality may repay the incumb…

Colo. Rev. Stat. § 31-4-505 Recall after six months - second petition

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(1) A recall petition shall not be circulated or filed and no pending recall proceedings may be continued against any officer until the officer has actually held the office for at least six months following the officer's election or reelection, or six months following the assumpt…

Colo. Rev. Stat. § 31-4-507 Powers of clerk and deputy

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(1) Except as otherwise provided in this article, the clerk shall render all interpretations and shall make all initial decisions as to controversies or other matters arising in the operation of this article. (2) All powers and authority granted to the clerk by this article may b…

Colo. Rev. Stat. § 31-10-1001 When absent electors may vote

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Any registered elector of a municipality may cast a ballot at the election in the manner provided in sections 31-10-1001 to 31-10-1007. Source: L. 75: Entire title R&RE, p. 1060, § 1, effective July 1. L. 87: Entire section amended, p. 329, § 88, effective July 1. L. 93: Entire s…

Colo. Rev. Stat. § 31-10-1002 Application for absentee voter's ballot - permanent absentee voter status - ballot delivery - list of absentee voters

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(1) Requests for an application for an absentee voter's ballot may be made orally or in writing. Applications for absentee voters' ballots shall be filed in writing and personally signed by the applicant or a family member related by blood, marriage, civil union, or adoption to t…

Colo. Rev. Stat. § 31-10-1003 Self-affirmation on return envelope

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(1) The return envelope shall have printed on its face a self-affirmation substantially in the following form: "State of .... Municipality of ...., County of .... I, ...., affirm and say that I am a qualified and registered elector in the municipality of .... and state of Color…

Colo. Rev. Stat. § 31-10-1004 Manner of absentee voting by paper ballot

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(1) Any registered elector applying for and receiving an absent voter's ballot, in casting the ballot, shall make and subscribe to the self-affirmation on the return identification envelope. The voter shall then mark the ballot. The voter shall fold the ballot so as to conceal th…

Colo. Rev. Stat. § 31-10-1005 Absent voters' voting machines - electronic voting systems

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(1) Any municipality using voting machines may provide one or more voting machines in the clerk's office for the use of qualified applicants for absent voters' ballots. If such machines are provided, they shall be available from twelve days prior to the election until the closing…

Colo. Rev. Stat. § 31-10-1006 Delivery to judges

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Not later than 8:30 a.m. on the day of any municipal election, the clerk shall deliver to the judges of one of the precincts of the municipality, which precinct shall be selected by the clerk, all the absent voters' envelopes received up to that time, in sealed packages, taking a…

Colo. Rev. Stat. § 31-10-1007 Casting and counting absentee ballots

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(1) If the self-affirmation on the envelope containing the absentee voter's ballot is properly sworn to, one of the judges shall open such voter's identification envelope in the presence of a majority of the judges, and, after announcing in an audible voice the name of such absen…

Colo. Rev. Stat. § 31-10-1008 Challenge of absentee ballots - rejection - record

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(1) The vote of any absentee voter may be challenged in the same manner as other votes are challenged, and the judges of election shall have power to determine the legality of such ballot. If the challenge is sustained or if the judges determine that the self-affirmation accompan…

Colo. Rev. Stat. § 31-10-101 Short title

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This article shall be known and may be cited as the "Colorado Municipal Election Code of 1965". Source: L. 75: Entire title R&RE, p. 1039, § 1, effective July 1.

Colo. Rev. Stat. § 31-10-1010 Emergency absentee voting - definition

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(1) (a) If the voter is confined in a hospital or his or her place of residence on election day because of conditions arising after the closing day for absent voters' ballot applications, the voter may request in a written statement, signed by him or her, that the clerk send him …

Colo. Rev. Stat. § 31-10-102 Definitions

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As used in this article, unless the context otherwise requires: (1) "Clerk" means the clerk of the municipality who is the custodian of the official records of the municipality or any person delegated by the clerk to exercise any of his powers, duties, or functions. (2) "Election…

Colo. Rev. Stat. § 31-10-102.5 Acts and elections conducted pursuant to provisions which refer to qualified electors

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Any elections, and any acts relating thereto, carried out under this article, which were conducted prior to July 1, 1987, pursuant to provisions which refer to a qualified elector rather than registered elector and which were valid when conducted, shall be deemed and held to be l…

Colo. Rev. Stat. § 31-10-102.7 Applicability of the "Uniform Election Code of 1992"

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Any municipality may provide by ordinance or resolution that it will utilize the requirements and procedures of the "Uniform Election Code of 1992", articles 1 to 13 of title 1, C.R.S., in lieu of this article, with respect to any election. Source: L. 92: Entire section added, p.…

Colo. Rev. Stat. § 31-10-102.8 Active military or overseas voters - timely mailing, casting, and receipt of ballot - definition

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(1) As used in this section, "ballot materials" means the standardized absentee-voting materials developed pursuant to section 1-8.3-104 (4)(a). (2) (a) Except as otherwise provided in paragraph (b) of this subsection (2), the clerk shall mail a ballot and ballot materials to any…

Colo. Rev. Stat. § 31-10-103 Computation of time

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Calendar days shall be used in all computations of time made under this article 10. In computing time for any act to be done before any municipal election, the first day shall be included, and the last, or election, day shall be excluded. Saturdays, Sundays, and legal holidays sh…

Colo. Rev. Stat. § 31-10-104 Powers of clerk and deputy

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(1) Except where otherwise provided in this article, the clerk shall render all interpretations and shall make all initial decisions as to controversies or other matters arising in the operation of this article. (2) All powers and authority granted to the clerk by this article ma…

Colo. Rev. Stat. § 31-10-105 Election commission

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The election commission in municipalities having such commission has all the powers and jurisdiction and shall perform all the duties provided by this article with respect to clerks and governing bodies, but the election commission does not have the authority to call a special el…

Colo. Rev. Stat. § 31-10-106 Copies of election laws and manual provided

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At least sixty days before any regular election, the secretary of state shall provide each municipal clerk a copy of the municipal election laws of the state. Source: L. 75: Entire title R&RE, p. 1040, § 1, effective July 1. L. 93: Entire section amended, pp. 1707, 1438, §§ 2, 13…

Colo. Rev. Stat. § 31-10-108 Special elections

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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 sh…

Colo. Rev. Stat. § 31-10-109 Submission of question on regular election date for municipalities

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(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 …

Colo. Rev. Stat. § 31-10-1101 No voting unless registered

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Unless otherwise permitted pursuant to section 31-10-203, no person shall be permitted to vote at any regular or special election unless his or her name is found on the registration list or official registration book or unless registration in that precinct is confirmed as provide…

Colo. Rev. Stat. § 31-10-1102 Right to vote may be challenged

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(1) When any person whose name appears on the registration list or in the registration book makes application for a ballot, his right to vote at that poll and election may be challenged. If the person so applying is not entitled to vote, no ballot shall be delivered to him. Any p…

Colo. Rev. Stat. § 31-10-1103 Challenge to be made by written oath

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Each challenge shall be made by written oath, signed by the challenger under penalty of perjury, setting forth the name of the person challenged and the basis for the challenge. The judges of election shall deliver all challenges and oaths to the clerk at the time the other elect…

Colo. Rev. Stat. § 31-10-1104 Challenge questions asked voter

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(1) If a person offering to vote is challenged as unqualified, one of the judges shall tender to him the following written oath or affirmation: "You do solemnly swear or affirm that you will fully and truly answer all such questions as are put to you touching your place of reside…

Colo. Rev. Stat. § 31-10-1105 Oath of challenged voter

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(1) If the challenge is not withdrawn after the person offering to vote has answered the questions put to him or her, one of the judges shall tender the following oath: "You do solemnly swear or affirm that you are a citizen of the United States of the age of eighteen years or ov…

Colo. Rev. Stat. § 31-10-1106 Refusal to answer questions or take oath

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If the challenged person refuses to answer fully any question which is put to him as provided in section 31-10-1104 or refuses to take the oath or affirmation tendered as provided in section 31-10-1105, the judges shall reject his vote. Source: L. 75: Entire title R&RE, p. 1065, …

Colo. Rev. Stat. § 31-10-1201 Returns - canvass

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The returns of all municipal elections shall be made to the clerk of the municipality. The clerk shall request the assistance of the mayor of the municipality in conducting the canvass of votes. If there is no mayor or if the mayor has been a candidate at the election, the clerk …

Colo. Rev. Stat. § 31-10-1202 Imperfect returns

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When the clerk and his assistant find that the returns from any precinct do not strictly conform to the requirements of law in making, certifying, and returning the same, the votes cast in such precinct nevertheless shall be canvassed and counted if such returns are sufficiently …

Colo. Rev. Stat. § 31-10-1203 Corrections

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If, upon proceeding to canvass the votes, it clearly appears to the clerk and his assistant that in any statement produced to them certain matters are omitted which should have been inserted or that any mistakes which are merely clerical exist, they shall cause the statement to b…