Colorado Revised Statutes Title 31. Government Municipal § 31-4-504. Resignation--vacancy filled--election--ballot--nomination

(3)(a) On the official ballot at such elections shall be printed, in not more than two hundred words, the reasons set forth in the petition for demanding his recall, and, in not more than three hundred words, there shall also be printed, if desired by him, the officer's justification of his course in office. Any such reasons or justification shall be submitted to the municipal clerk by the date on which a nominating petition must be filed pursuant to subsection (4) of this section. If such officer resigns at any time subsequent to the calling of the recall election, the recall election shall be held, notwithstanding such resignation.

(b) The official ballot must include, as to every officer whose recall is to be voted on, the words, “Shall (name of person against whom recall petition is filed) be recalled from the office of (title of office)?”. The words “yes” and “no” must follow each question on separate lines with a blank space at the right of each in which the voter shall indicate the voter's vote for or against the recall.

(4)(a) Candidates for the office at a recall election may be nominated by petition as provided in section 31-10-302; except that nominating petitions may be circulated beginning on the first business day after the governing body sets the date for the recall election and shall be filed no later than twenty days after the date the recall election is set.

(b) Deleted by Laws 2023, Ch. 87 (H.B. 23-1185), § 8, eff. Aug. 7, 2023.

(5)(a) Applications for absentee ballots shall be made available by the municipal clerk no later than twenty-four hours after the governing body fixes the date for the holding of the recall election through the close of business on the fifth day before the recall election.

(b) Repealed by Laws 2023, Ch. 87 (H.B. 23-1185), § 8, eff. Aug. 7, 2023.

(c) Repealed by Laws 2023, Ch. 87 (H.B. 23-1185), § 8, eff. Aug. 7, 2023.

(7)(a) If the vote in a recall election recalls the officer, the candidate who has received the highest number of votes for the office thereby vacated is elected for the remainder of the term, and a certificate of election shall be forthwith issued to the candidate by the canvassing board.

(b) If a recall election recalls more than one officer 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. The candidate receiving the highest number of votes is elected for the longest remaining term.

(c) If a person elected to an office vacated pursuant to this section fails to comply with section 31-4-401 within fifteen days after the issuance of a certificate of election, or if an office vacated pursuant to this section and no person sought election, the office is deemed vacant and shall be filled according to law.