April 18, 2014

HB 12-1293: Changes and Clarifications to the Laws Governing Recall Elections

On February 7, 2012, Rep. Nancy Todd introduced HB 12-1293 – Concerning Modifications to Procedures that Govern Recall Elections. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill amends, updates, and clarifies various laws governing recall elections, notably:

  • The prohibits profane or false statements from being included in either a recall petition’s statement of grounds or in an elected officer’s statement of justification, respectively;
  • The bill changes the appropriate official with whom to file a petition for recall in non-school board recall elections from the district court to the applicable political subdivision’s designated election official; The bill sets forth specific procedures for recall petitions and review of recall petitions, directs designated election officials to provide specific reasons for rejecting petitions, and allows a committee that submitted a petition not approved as to form to resubmit a corrected petition or appeal a petition deemed insufficient;
  • The bill changes the event that, for timing purposes, determines whether a recall election must be conducted notwithstanding an officer’s resignation;
  • The bill tasks designated election officials, rather than a political subdivision, with setting recall election dates, and applies current law merging certain recall elections with general elections to special district elections, if a special district director is the subject of the recall, reimburse county clerk and recorders for reasonable recall election expenses.

On March 29 the State, Veterans, & Military Affairs Committee refereed the unamended version of the bill to the House floor for 2nd reading.

Since this summary, the bill passed a Second Reading in the House.

Summaries of other featured bills can be found here.

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