Section 1-12-111 - Setting date of recall election(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 passed and the incumbent has not resigned, the designated election official shall submit the certificate of sufficiency to the governor, or create the certificate and keep a copy, as appropriate, on the sixth day after the time for protest has passed and any such protest has been fully adjudicated. The designated election official shall post the certificate on his or her official website by twelve noon on the day after the day on which he or she submits or creates the certificate of sufficiency.(2) After receiving or creating the certificate of sufficiency, the governor or designated election official shall, within twenty-four hours, set a date for holding the election, which date shall be not less than thirty nor more than sixty days after the certificate of sufficiency has been submitted to the governor or created; except that, if a general election is to be held within ninety days after the certificate of sufficiency has been submitted to the governor, the recall election must be held as a part of that election. For a county or school district election, if a general election is to be held within one hundred twenty days after the certificate of sufficiency has been created, the recall election must be held as part of that election. Regardless of any other requirement found in this section, a county or school district recall election may not be held within sixty days after the date of a primary, general, or congressional vacancy election.(3) If, during the same fifteen-day period, the designated election official of a county or school district office approves recall petitions for circulation against more than one elected official in the same political subdivision, the designated election official may delay setting the date for holding the election until the sufficiency of all recall petitions for that political subdivision are finally determined and adjudicated.Amended by 2023 Ch. 399,§ 42, eff. 6/6/2023.Amended by 2021 Ch. 282, § 57, eff. 6/21/2021.Amended by 2014 Ch. 170, § 6, eff. 5/9/2014.L. 92: Entire article R&RE, p. 796, § 15, effective 1/1/1993. L. 97: Entire section amended, p. 1063, § 6, effective May 27. L. 2012: Entire section amended, (HB 12-1293), ch. 1044, p. 1044, § 9, effective May 29. L. 2014: Entire section amended, (SB 14-158), ch. 619, p. 619, § 6, effective May 9. 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.