2022 Colorado Code
Title 1 - Elections
Article 12 - Recall and Vacancies in Office
Part 1 - Recall From Office
§ 1-12-100.5. Definitions

Universal Citation: CO Code § 1-12-100.5 (2022)

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 the standards set forth in this article.

(2) "Circulated" means presented to an elector for the collection of a signature and other information required by this article.

(2.5) "Circulator" means a person who presents to other persons for possible signature a petition for recall as described in this article.

(3) "Committee" means the committee of signers described in section 1-12-108 (2).

(3.5) "Date for holding the election" means the first day on which recall mail ballots are to be made available to eligible electors at the county clerk and recorder's office or other suitable location pursuant to the election plan approved under section 1-12-114 (1)(a).

(4) "Elected officer" means any person elected to public office or appointed to fill a vacancy in an elected position of public office.

(5) "Designated election official" means the secretary of state or a county clerk and recorder.

(6) "Fails to qualify" means not satisfying the constitutional or statutory qualifications for office, whether by reason of age, citizenship, residency, or sufficient number of valid nomination petition signatures required by section 1-12-117 (3).

(7) "Fully adjudicated" means to have been decided by a final judgment by a court of competent jurisdiction and from which there can be no appeal.

(7.5) "General election" means an election held on the Tuesday succeeding the first Monday of November in an even-numbered year or an election held on the first Tuesday of November in an odd-numbered year.

(8) "Recall petition entity" means a person, as defined in section 2-4-401, C.R.S., that provides compensation to a circulator to circulate a recall petition.

Source: L. 2012: Entire section added, (HB 12-1293), ch. 236, p. 1038, § 1, effective May 29. L. 2014: IP amended and (2.5), (3.5), (5), (6), (7), and (8) added, (SB 14-158), ch. 170, p. 617, § 2, effective May 9. L. 2019: (7.5) added, (HB 19-1278), ch. 326, p. 3034, § 45, effective August 2. L. 2021: (3.5) and (5) amended, (SB 21-250), ch. 282, p. 1654, § 52, effective June 21.

Editor's note: 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.

Cross references: (1) For the legislative declaration in SB 14-158, see section 1 of chapter 170, Session Laws of Colorado 2014.

(2) For the short title ("Colorado Votes Act") in HB 19-1278, see section 1 of chapter 326, Session Laws of Colorado 2019.

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