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HB 23-1185 CO
Became Law

Requirements For Recall Elections And Vacancies

CO · session 2023A · Assembly / House · bill

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Introduced Feb 8, 2023

Latest action (Apr 17, 2023) Introduced In House - Assigned to State, Civic, Military, & Veterans Affairs

Summary

Sections 1 through 5 of the act clarify the procedure for filling a vacancy in a municipal elected office. When a vacancy occurs, the governing body shall appoint an eligible elector or call a special election within 60 days. If the governing body lacks sufficient members to reach a quorum, the clerk of the governing body is authorized to call a special election to fill the vacancy. Sections 6 through 8 modify and clarify the requirements for municipal recall elections, by: Requiring members of the committee designated to represent the signers of a recall petition to be registered electors residing in the municipality; Clarifying the number of signatures required for a recall petition for a person holding an office filled by more than one person; Requiring signers to include their municipality and county with their address when signing a recall petition; Clarifying that disassembly of a recall petition section renders that section invalid; Clarifying that a municipal clerk's written initial determination that a recall petition or a refiled recall petition is sufficient or insufficient is final unless a protest is filed in accordance with statutory requirements; Repealing a requirement that the county clerk and recorder prepare a list of registered electors for the protest; Clarifying deadlines and processes for petitions and protests; Requiring that nomination petitions for successors be filed within 20 calendar days after the date a recall election is set; Providing that if the incumbent is not recalled, the votes for a successor are not recorded and any unofficial results of the vote on a successor shall not be disclosed; and Clarifying ballot requirements and election standards for a recall election and specifying that in cases in which more than one officer is is recalled from an office to which more than one person may be elected, candidates equal in number to the number of persons recalled from office who received the highest number of votes for the office are elected for the remainder of the term of each of the offices vacated with the candidate receiving the highest number of votes being elected for the longest remaining term. APPROVED by Governor April 17, 2023 EFFECTIVE August 7, 2023 NOTE: This act was passed without a safety clause and takes effect 90 days after sine die. (Note: This summary applies to this bill as enacted.)

Sponsors (3)

Action history (14)

  1. Apr 17, 2023 Governor Signed · executive
  2. Apr 14, 2023 Sent to the Governor · executive
  3. Apr 13, 2023 Signed by the President of the Senate · upper
  4. Apr 12, 2023 Signed by the Speaker of the House · lower
  5. Mar 31, 2023 Senate Third Reading Passed - No Amendments · upper
  6. Mar 30, 2023 Senate Second Reading Passed - No Amendments · upper
  7. Mar 28, 2023 Senate Second Reading Laid Over Daily - No Amendments · upper
  8. Mar 23, 2023 Senate Committee on State, Veterans, & Military Affairs Refer Unamended to Senate Committee of the Whole · upper
  9. Mar 14, 2023 Introduced In Senate - Assigned to State, Veterans, & Military Affairs · upper
  10. Mar 8, 2023 House Third Reading Passed - No Amendments · lower
  11. Mar 7, 2023 House Second Reading Passed with Amendments - Floor · lower
  12. Mar 2, 2023 House Second Reading Laid Over Daily - No Amendments · lower
  13. Feb 27, 2023 House Committee on State, Civic, Military, & Veterans Affairs Refer Unamended to House Committee of the Whole · lower
  14. Feb 8, 2023 Introduced In House - Assigned to State, Civic, Military, & Veterans Affairs · lower

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