C.R.S. Section 1-12-118.5
Postelection protest of successor candidate qualification

  • procedure

(1)

Intentionally left blank —Ed.

(a)

Within seventy-two hours after certification of results of a recall election conducted under this article, any elector who is registered in a political subdivision represented by an official subject to recall may file a protest using the procedures in section 1-1-113 alleging that the successor candidate who received the highest number of votes fails to qualify for the office. The protest must be filed in the district court in the county in which the petition determination was issued.

(b)

Any protest filed under paragraph (a) of this subsection (1) takes precedence over all other nonemergency civil matters before the district court.

(2)

If the court determines, pursuant to a protest filed under subsection (1) of this section, that the successor candidate against whom the protest is made fails to qualify, that individual may not take office. In such case, the office is deemed vacant and shall be filled according to law, including section 2 (3) of article V of the state constitution and part 2 of this article. The officer recalled in the recall election at which the unqualified successor was elected is ineligible to fill the vacancy.

Source: Section 1-12-118.5 — Postelection protest of successor candidate qualification - procedure, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-01.­pdf (accessed Oct. 20, 2023).

1‑12‑100.5
Definitions 1‑12‑101
Elected officers subject to recall 1‑12‑102
Limitations 1‑12‑103
Petition for recall - statement of grounds 1‑12‑104
Signatures required for state and county officers 1‑12‑105
Signatures required for school district officers 1‑12‑107
Designated election officials 1‑12‑108
Petition requirements - approval as to form - determination of sufficiency - protest - offenses 1‑12‑109
Resignation 1‑12‑110
Call for election - cancellation of recall election 1‑12‑111
Setting date of recall election 1‑12‑111.7
Recall election notice - publication 1‑12‑112
Ballots - statement included 1‑12‑113
Conduct and timing of recall election 1‑12‑114
Mail ballots - plan required - voter service and polling centers - number required - definition 1‑12‑115
Write-in candidates 1‑12‑116
Sufficiency of the recall 1‑12‑117
Nomination of successor - ballot certification 1‑12‑118
Election of successor 1‑12‑118.5
Postelection protest of successor candidate qualification - procedure 1‑12‑119
Canvass of votes - notification of results 1‑12‑120
Cost of recall election 1‑12‑120.5
Reimbursement for recall election expenses 1‑12‑121
Special provisions 1‑12‑122
Recalls subject to “Fair Campaign Practices Act” 1‑12‑123
Conflicts with constitutional requirements for recall of state officers or other elections laws 1‑12‑201
Vacancies in office of United States senator 1‑12‑202
Vacancies in office of representative in congress 1‑12‑203
Vacancies in general assembly 1‑12‑204
Vacancies in state and district offices 1‑12‑205
Vacancies in county offices 1‑12‑206
Vacancies in the office of county commissioner 1‑12‑207
Vacancies on nonpartisan boards 1‑12‑208
Unexpired terms less than ninety days 1‑12‑209
Terms of persons filling vacancies 1‑12‑210
Certification of appointment
Green check means up to date. Up to date

Current through Fall 2024

§ 1-12-118.5’s source at colorado​.gov