(1) For state recall elections, the petition shall be filed with the secretary of state who shall review and approve as to form the petition for recall as provided in section 1-12-108 (4), certify the sufficiency of the petition, and notify the governor, who shall set the date for the election. The election shall be conducted by the appropriate county clerk and recorder in the manner provided in this title for state elections.
For county recall elections, the county clerk and recorder shall review and approve asto form the petition as provided in section 1-12-108 (4). The petition shall be filed with the county clerk and recorder who shall certify the sufficiency of the petition and call and conduct the election.
For school board recall elections, the county clerk and recorder shall review andapprove as to form the petition as provided in section 1-12-108 (4). The petition shall be filed with the county clerk and recorder of the county in which the school district's administrative offices are located. The clerk and recorder of the county shall certify the sufficiency of the petition and call and conduct the election.
(a) For all other nonpartisan recall elections, the form of the petition shall be filed with the designated election official for the political subdivision of the incumbent sought to be recalled.
(b) (I) If there is no designated election official for the political subdivision of the incumbent sought to be recalled, the petition shall be filed with another officer of that political subdivision.
(II) An officer who receives a petition filed under subparagraph (I) of this paragraph (b) shall immediately notify:
The county clerk and recorder of the county in which the district court file for thepolitical subdivision is located; or
If there is no such district court file, the county clerk and recorder of the county inwhich the political subdivision has the greatest number of eligible electors at the time the petition is filed.
(III) A county clerk and recorder receiving a petition under subparagraph (II) of this paragraph (b) shall promptly appoint a person to serve as the designated election official. The appointed designated election official shall review and approve as to form the petition as provided in section 1-12-108 (4), certify the sufficiency of the petition, and call and conduct the election.
(5) No designated election official may, by rule, regulation, order, or any other official act, suspend or avoid the requirement that recall elections be held as mail ballot elections.
Source: L. 92: Entire article R&RE, p. 795, § 15, effective January 1, 1993. L. 2012: Entire section amended, (HB 12-1293), ch. 236, p. 1039, § 5, effective May 29. L. 2014: (5) added, (SB 14-158), ch. 170, p. 618, § 3, effective May 9.
Cross references: For the legislative declaration in SB 14-158, see section 1 of chapter 170, Session Laws of Colorado 2014.