Section 1-12-117 - Nomination of successor - ballot certification(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 unaffiliated petition as provided in part 9 of article 4 of this title 1. Nomination petitions may be circulated beginning the first date on which a protest may be filed and must be filed no later than twenty-five calendar days prior to the date for holding the election as provided in section 1-12-111. If the election is to be held with a general election, nomination petitions must be filed no later than five days prior to the date to certify ballot content for the general election.(2) For nonpartisan elections, nomination petitions for candidates whose names are to appear on the ballot may be circulated beginning the first date on which a protest may be filed and must be filed no later than twenty-five calendar days prior to the date for holding the election as provided in section 1-12-111. If the election is to be held with a general election, nomination petitions must be filed no later than five days prior to the date to certify ballot content for the general election.(3)(a) Every nomination petition must be signed by the number of eligible electors required for the office in part 8 of article 4 of this title 1 or as otherwise provided by law.(b)(I) The designated election official shall verify successor candidate petitions within five days after the deadline to file such petitions as set forth in subsections (1) and (2) of this section.(II) The designated election official shall certify the ballot content as soon as possible, but not later than two business days after the date upon which the verification of successor candidate petitions is required pursuant to subsection (3)(b)(I) of this section. If the recall election will be held as part of a general election, the designated election official shall certify the ballot content no later than the date all other content for the general election is required to be certified.(4) The officer who was sought to be recalled is not eligible as a candidate in the election to fill any vacancy resulting from the recall election.(5) For any special district recall election conducted under this section, the designated election official shall verify successor candidate self-nomination forms within two days of receiving the form. A successor candidate who files a self-nomination form that is deficient must be notified of the deficiency by the designated election official and may resubmit a corrected form no later than the deadline to certify the ballot content as set forth in subsection (3) of this section.Amended by 2021 Ch. 282,§ 64, eff. 6/21/2021.Amended by 2014 Ch. 170,§ 8, eff. 5/9/2014.L. 92: Entire article R&RE, p. 797, § 15, effective January 1, 1993. L. 94: Entire section amended, p. 1179, § 71, effective July 1. L. 95: Entire section amended, pp. 849, 862, §§ 76, 123, effective July 1. L. 97: Entire section amended, p. 1064, § 8, effective May 27. L. 2012: Entire section amended, (HB 12-1293), ch. 236 p. 1046, § 16, effective May 29. L. 2014: (1), (2), and (3) amended, (SB 14-158), ch. 621, p. 621, § 8, effective May 9. (1) Amendments to this section by sections 76 and 123 of House Bill 95-1241 were harmonized.
(2) Section 85 of chapter 282 (SB 21-250), Session Laws of Colorado 2021, provides that the act changing this section applies to elections conducted on or after June 21, 2021.
For the legislative declaration in SB 14-158, see section 1 of chapter 170, Session Laws of Colorado 2014.