Laws governing recall in Colorado
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The citizens of Colorado are granted the authority to perform a recall election by Section 1 of Article 21 of the Colorado Constitution.
Filing for recall
First, a recall petition must be filed with the office in which nomination petitions are filed for the official that is being recalled. The petition must include a statement of no less than 200 words explaining the ground on which the official is to be recalled.[1]
Signature requirement
For a recall to qualify for the ballot, supporters must file signatures "equal in number to twenty-five percent of the entire vote cast at the last preceding election for all candidates for the position which the incumbent sought to be recalled occupies." The petition must be "signed by registered electors entitled to vote for a successor of the incumbent sought to be recalled."[1]
Circulation
| Can you recall a federal official? | |
| The U.S. Constitution does not provide for recall of any elected federal official. Although some state constitutions have stated that their citizens have the right to recall members of the U.S. Congress, the U.S. Supreme Court has not ruled on whether this is constitutional at the federal level. Read Ballotpedia's explanation » | |
After the petition is approved by the relevant election office, circulation of the petition may begin. Petitioners have 60 days to gather the proper number of signatures. After the proper number of signatures have been gathered the petition is submitted to the office in which it was filed to be deemed sufficient. This entails verifying the signatures. Once the petition has been deemed sufficient, the office in which it was filed will deliver the petition along with a certificate of its sufficiency to the governor or the designated election official who will then set a date for the recall election.[2][3]
Recall election
After the petition has been deemed sufficient, the official against whom the recall was filed may resign within five days without having the recall election held against them. If the official does not resign, the recall election will go on as scheduled. The election will be held not more than 60 days after the petition was deemed sufficient but not within 30 days after. However, if a general election is being held within 90 days of filing, then the recall election will be held in conjunction with the general election. County and school district recall elections can be held in conjunction with general elections being held within 120 days of filing.[3]
The ballot will include the original statement from the petitioners as to why the official in question should be recalled, as well as a no more than 300 word rebuttal from the official, if the official submits a statement.[4]
The ballot will have two boxes, marked "Yes" approving the recall and "No" disapproving the recall. There will also be a list of candidates whom those who voted for the recall may vote to replace the official. In this sense, the recall election is held simultaneously with the election of the new official.[4][5]
If a majority of participants vote "No" in the recall, the official against whom the recall was filed will remain in his or her position. If there is a majority of "Yes" votes, then the new official will be the candidate on the list with the most votes.[5]
See also
- Laws governing recall
- Recall campaigns in Colorado
- States that have pre-petition signature requirements for recalls
- States that require grounds for recalls
External links
Footnotes
- ↑ 1.0 1.1 Colorado Revised Statutes 2016, "ARTICLE XXI: Recall from Office," accessed November 15, 2022
- ↑ Colorado Revised Statutes, "Section 1-12-108 - Petition requirements - approval as to form - determination of sufficiency - protest - offenses," accessed October 13, 2023
- ↑ 3.0 3.1 Colorado Revised Statutes, "Section 1-12-111 - Setting date of recall election," accessed October 13, 2023
- ↑ 4.0 4.1 Colorado Revised Statutes, "Section 1-12-112 - Ballots - statement included," accessed October 13, 2023
- ↑ 5.0 5.1 Colorado Revised Statutes, "Section 1-12-119 - Canvass of votes - notification of results," accessed October 13, 2023
