Title 1, Elections
0 chapters · 550 sections in this title.
Colo. Rev. Stat. § 1-11-310 Survey of returns
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(1) The board of canvassers for a special legislative election shall be organized as provided in section 1-10-101. (2) The county clerk and recorder shall contact the secretary of state on election night with the unofficial count. (3) The board of canvassers for a special legisla…
Colo. Rev. Stat. § 1-12-100.5 Definitions
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As used in this part 1, and for purposes of article XXI of the state constitution, unless the context otherwise requires: (1) Approved as to form means that the appropriate designated election official has reviewed the blank form of a petition and has approved the form as meeting…
Colo. Rev. Stat. § 1-12-101 Elected officers subject to recall
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Every elected officer of this state or any political subdivision thereof is subject to recall from office at any time by the eligible electors entitled to vote for a successor to the incumbent. The recall of any state officer shall be governed by the recall of state officers proc…
Colo. Rev. Stat. § 1-12-102 Limitations
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(1) No recall petition may be circulated or filed against any elected officer until the officer has actually held office for at least six months following the last election, or six months following the assumption of office by an appointed official; except that a recall petition m…
Colo. Rev. Stat. § 1-12-103 Petition for recall - statement of grounds
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Eligible electors of the state or a political subdivision may initiate the recall of an elected official by signing a petition that demands the election of a successor to the officer named in the petition. The petition must contain a general statement, consisting of two hundred w…
Colo. Rev. Stat. § 1-12-104 Signatures required for state and county officers
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(1) A petition to recall a state or county officer shall be signed by eligible electors equal in number to twenty-five percent of the entire vote cast at the last preceding general election for all candidates for the office which the incumbent sought to be recalled occupies. (2) …
Colo. Rev. Stat. § 1-12-105 Signatures required for school district officers
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A petition to recall a school district officer shall be signed by eligible electors of the school district equal in number to at least forty percent of the entire vote cast at the last preceding election for all candidates for the school district director position occupied by the…
Colo. Rev. Stat. § 1-12-106 Signatures required for nonpartisan officers. (Repealed)
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Source: L. 92: Entire article R&RE, p. 794, � 15, effective January 1, 1993. L. 97: Entire section amended, p. 1062, � 4, effective May 27. L. 2012: Entire section amended, (HB 12-1293), ch. 236, p. 1039, � 4, effective May 29. L. 2021: Entire section repealed, (SB 21-250), ch. 2…
Colo. Rev. Stat. § 1-12-107 Designated election officials
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(1) For state recall elections, the petition shall be filed with the secretary of state who shall review and approve as to form the petition for recall as provided in section 1-12-108 (4), certify the sufficiency of the petition, and notify the governor, who shall set the date fo…
Colo. Rev. Stat. § 1-12-109 Resignation
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If an officer whose recall is sought offers a resignation, it shall be accepted and the vacancy caused by the resignation shall be filled as provided by law. The person appointed to fill the vacancy caused by the resignation shall hold the office only until the person elected at …
Colo. Rev. Stat. § 1-12-110 Call for election - cancellation of recall election
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(1) If the officer whose recall is sought does not resign within five days after the sufficiency of the recall petition has been certified by the designated election official and the time for protest has passed, the designated election official shall call the election and set the…
Colo. Rev. Stat. § 1-12-111 Setting date of recall election
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(1) If the recall petition is held to be sufficient under section 1-12-108 (8)(c) and after the time for protest has passed and any such protest has been fully adjudicated, the designated election official shall wait five days to see if the incumbent resigns. If five days have pa…
Colo. Rev. Stat. § 1-12-111.5 Nonpartisan recall election plan. (Repealed)
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Source: L. 2012: Entire section added, (HB 12-1293), ch. 236, p. 1045, � 10, effective May 29. L. 2019: Entire section amended, (HB 19-1278), ch. 326, p. 3035, � 47, effective August 2. L. 2021: Entire section repealed, (SB 21-250), ch. 282, p. 1672, � 83, effective June 21.
Colo. Rev. Stat. § 1-12-111.7 Recall election notice - publication
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(1) For a recall election of a state officer, the governor and the secretary of state shall publish notice of the recall election on their websites. (2) For a recall election for an officer other than a state officer, the designated election official shall publish notice of the r…
Colo. Rev. Stat. § 1-12-112 Ballots - statement included
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(1) In addition to all other requirements of law, the official ballot must contain the statement described in section 1-12-103 stating the grounds for demanding the officer's recall. The officer sought to be recalled may submit to the designated election official a statement of t…
Colo. Rev. Stat. § 1-12-113 Conduct and timing of recall election
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(1) Except as modified by this article, the recall election and election of a successor shall be conducted according to articles 1 to 13 of this title. (2) Except as otherwise provided in this part 1, for a recall election, all events in the uniform election code that are to be c…
Colo. Rev. Stat. § 1-12-115 Write-in candidates
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No write-in vote for any office shall be counted unless an affidavit of intent has been filed indicating that the person for whom the write-in vote is made desires the office and is legally qualified to assume the duties of the office if elected. The affidavit of intent must be f…
Colo. Rev. Stat. § 1-12-116 Sufficiency of the recall
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If a majority of those voting on the question of the recall of any incumbent from office vote no, the incumbent continues in office; if a majority vote yes, the incumbent is removed from office upon the qualification of the successor. If an even number of electors vote no and yes…
Colo. Rev. Stat. § 1-12-117 Nomination of successor - ballot certification
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(1) For partisan elections, a candidate to succeed the officer sought to be recalled must meet the qualifications of a party candidate or an unaffiliated candidate as provided in part 8 of article 4 of this title 1 and must be nominated by a political party petition or an unaffil…
Colo. Rev. Stat. § 1-12-118 Election of successor
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(1) The election of a successor is held at the same time as the recall election. The names of those persons nominated as candidates to succeed the person sought to be recalled, except write-in candidates, shall appear on the ballot. The name of the person against whom the petitio…
Colo. Rev. Stat. § 1-12-119 Canvass of votes - notification of results
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(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 offic…
Colo. Rev. Stat. § 1-12-120 Cost of recall election
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(1) If at any recall election for a state office the incumbent whose recall is sought is not recalled, the incumbent shall be repaid from the state treasury any money authorized by this article which the incumbent actually expended as an expense of the recall election. In no even…
Colo. Rev. Stat. § 1-12-120.5 Reimbursement for recall election expenses
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A political subdivision shall reimburse the office of the county clerk and recorder for reasonable expenses incurred by the county clerk and recorder in performing duties relating to the recall of an incumbent of the political subdivision under this part 1. Source: L. 2012: Entir…
Colo. Rev. Stat. § 1-12-121 Special provisions
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(1) If the governor is sought to be recalled under this article by recall petition filed in the office of the secretary of state, the duties imposed upon the governor by this article and article XXI of the state constitution as to that recall petition shall be performed by the li…
Colo. Rev. Stat. § 1-12-122 Recalls subject to Fair Campaign Practices Act
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Recall elections are subject to the appropriate sections of article 45 of this title. Source: L. 95: Entire section added, p. 850, � 79, effective July 1. 1-12-123. Conflicts with constitutional requirements for recall of state officers or other elections laws. (1) To the extent …
Colo. Rev. Stat. § 1-12-201 Vacancies in office of United States senator
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(1) When a vacancy occurs in the office of United States senator from this state, the governor shall make a temporary appointment to fill the vacancy until it is filled by election. (2) When a vacancy occurs, the governor shall direct the secretary of state to include in the gene…
Colo. Rev. Stat. § 1-12-202 Vacancies in office of representative in congress
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Except as provided in section 1-4-401.5, when any vacancy occurs in the office of representative in congress from this state, the governor shall set a day to hold a congressional vacancy election to fill the vacancy and cause notice of the election to be given as required in part…
Colo. Rev. Stat. § 1-12-203 Vacancies in general assembly
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(1) In the event of a vacancy in the general assembly caused by the death or resignation of a member who has been sworn into office, caused by the death or resignation of a member who has been elected to a seat but who has not yet been sworn into office, or caused by a person not…
Colo. Rev. Stat. § 1-12-204 Vacancies in state and district offices
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All vacancies in any state office and in the office of district attorney shall be filled by appointment by the governor until the next general election after the vacancy occurs, when the vacancy shall be filled by election. Source: L. 92: Entire article R&RE, p. 801, � 15, effect…
Colo. Rev. Stat. § 1-12-205 Vacancies in county offices
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All vacancies in any county office, except that of county commissioner, shall be filled by appointment by the board of county commissioners of the county in which the vacancy occurs, until the next general election, at which time the vacancy shall be filled by election. Source: L…
Colo. Rev. Stat. § 1-12-207 Vacancies on nonpartisan boards
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(1) Any vacancy on a nonpartisan board shall be filled by appointment by the remaining director or directors. The appointee shall meet all of the qualifications for holding the office. The appointee shall serve until the next regular election, at which time any remaining unexpire…
Colo. Rev. Stat. § 1-12-208 Unexpired terms less than ninety days
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No person shall be elected to fill a vacancy in an elective office when the unexpired term is, at the time of the election, less than ninety days. In such case, the person appointed to fill the vacancy shall continue to hold the office for the remainder of the unexpired term and …
Colo. Rev. Stat. § 1-12-209 Terms of persons filling vacancies
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Except for appointments on nonpartisan boards, any officers elected or appointed to fill vacancies as provided in this article shall qualify and enter upon the duties of their offices immediately thereafter. If elected or appointed, the officers shall hold the office during the u…
Colo. Rev. Stat. § 1-12-210 Certification of appointment
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All appointments under this article shall be evidenced by an appropriate entry in the minutes of the meeting of the governing board, and the appointing body shall cause a notice of appointment and the oath of office to be delivered to the person appointed. A duplicate of each not…
Colo. Rev. Stat. § 1-13-101 District attorney or attorney general to prosecute
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(1) Any person may file an affidavit with the district attorney stating the name of any person who has violated any of the provisions of this code and stating the facts which constitute the alleged offense. Upon the filing of such affidavit, the district attorney shall forthwith …
Colo. Rev. Stat. § 1-13-102 Sufficiency of complaint - judicial notice
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Irregularities or defects in the mode of calling, giving notice of, convening, holding, or conducting any general, primary, or congressional vacancy election authorized by law constitute no defense to a prosecution for a violation of this code. When an offense is committed in rel…
Colo. Rev. Stat. § 1-13-103 Immunity of witness from prosecution
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Any person violating any of the provisions of this code is a competent witness against any other violator and may be compelled to attend and testify at any trial, hearing, proceeding, or investigation in the same manner as other persons; but the testimony so given shall not be us…
Colo. Rev. Stat. § 1-13-104 Perjury
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Any person, having taken any oath or made any affirmation required by this code, who swears or affirms willfully, corruptly, and falsely in a matter material to the issue or point in question or who suborns any other person to swear or affirm as aforesaid commits perjury in the s…
Colo. Rev. Stat. § 1-13-105 False certificates by officers
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Any notary public or any officer authorized by law to administer oaths who knowingly makes a false certificate in regard to a matter connected with an election held under the laws of this state upon conviction shall be punished as provided in section 1-13-111. Source: L. 80: Enti…
Colo. Rev. Stat. § 1-13-106 Forgery
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Any person who falsely makes, alters, forges, or counterfeits any ballot before or after it has been cast, or who forges any name of a person as a signer or witness to a petition or nomination paper, or who forges any letter of acceptance, declination, or withdrawal, or who forge…
Colo. Rev. Stat. § 1-13-107 Violation of duty
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Any public officer, election official, or other person upon whom any duty is imposed by this code who violates, neglects, or fails to perform such duty or is guilty of corrupt conduct in the discharge of the same or any notary public or other officer authorized by law to administ…
Colo. Rev. Stat. § 1-13-110 Wagers with electors
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It is unlawful for any person, including any candidate for election to public office, before or during any election provided by law, to make any bet or wager with an elector, or take a share or interest in, or in any manner become a party to, any such bet or wager, or provide or …
Colo. Rev. Stat. § 1-13-111 Penalties for election offenses
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In all cases in which an offense denominated in this code has no penalty specified, the offender commits a class 2 misdemeanor. Source: L. 80: Entire article R&RE, p. 430, � 1, effective January 1, 1981. L. 2021: Entire section amended, (SB 21-271), ch. 462, p. 3123, � 6, effecti…
Colo. Rev. Stat. § 1-13-112 Offenses relating to mail ballots
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Any person who, by use of force or other means, unduly influences an elector to vote in any particular manner or to refrain from voting, or who falsely makes, alters, forges, or counterfeits any mail ballot before or after it has been cast, or who destroys, defaces, mutilates, or…
Colo. Rev. Stat. § 1-13-113 Interference with distribution of election material
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During the period beginning forty-five days before and ending four days after any election, any person who prevents, hinders, or interferes with the lawful distribution of any card, pamphlet, circular, poster, handbill, yard sign, or other written material relating to any candida…
Colo. Rev. Stat. § 1-13-114 Failure to comply with requirements of secretary of state
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(1) Any person who willfully interferes or willfully refuses to comply with the rules, orders, or acceptable use policy for the statewide voter registration system of the secretary of state or the secretary of state's designated agent in the carrying out of the powers and duties …
Colo. Rev. Stat. § 1-13-201 Interfering with or impeding registration
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Any person who intentionally interferes with or impedes the registration of electors, whether by act of commission or by failure to perform any act or duty imposed or required for the proper administration of parts 2 and 3 of article 2 of this title 1, or who knowingly permits or…
Colo. Rev. Stat. § 1-13-202 Unlawful qualification as taxpaying elector
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It is unlawful to take or place title to property in the name of another or to pay the taxes or to take or issue a tax receipt in the name of another for the purpose of attempting to qualify such person as a taxpaying elector or as a qualified taxpaying elector or to aid or assis…
Colo. Rev. Stat. § 1-13-203 Procuring false registration
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It is unlawful for any person to procure his or her own name, or the name of any other person, to be registered in the statewide voter registration system for a precinct in which such person is not, at the time of such registration, entitled to be registered or for any person to …
Colo. Rev. Stat. § 1-13-204 Adding names after registration closed. (Repealed)
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Source: L. 80: Entire article R&RE, p. 431, � 1, effective January 1, 1981. L. 2016: Entire section repealed, (SB 16-142), ch. 173, p. 593, � 82, effective May 18. Editor's note: This section was similar to former �� 1-13-117 and 1-30-120 as they existed prior to 1980.