(1) (a) Notwithstanding section 1-7.5-107 (1), as soon as practicable after the date that the designated election official certifies the recall question to the ballot under section 1-12-108 (8)(c)(II), the county clerk and recorder or designated election official administering a recall election shall submit to the secretary of state, for approval within twentyfour hours after receipt, a proposed election plan, including the manner in and date by which the mail ballot transmission deadline set forth in subsection (2) of this section will be met. If the secretary of state does not provide written notice of approval or disapproval of the plan within twenty-four hours, the plan is deemed approved.
(b) The secretary of state may disapprove an election plan submitted under subsection (1)(a) of this section using only the same standards used to evaluate and approve of election plans transmitted under section 1-7.5-105.
(2) Notwithstanding any provision of this code to the contrary:
The designated election official conducting the recall election shall designate theoffice of the county clerk and recorder or other suitable location to function as a voter service and polling center from the twenty-second day prior to the final day of voting in such election through that final day of voting; and
Not later than the fifteenth day before the last day on which voted mail ballots maybe returned by electors other than covered voters under article 8.3 of this title 1, the designated election official shall mail ballots to eligible electors in accordance with the election plan developed pursuant to subsection (1) of this section.
(3) (a) There must be one voter service and polling center for each thirty thousand active registered electors in the district of the incumbent sought to be recalled; except that any such district must have at least one voter service and polling center, and each district that spans more than one county must operate one voter service and polling center within the boundaries of each county. Except for the voter service and polling center required under and open in accordance with paragraph (a) of subsection (2) of this section, which voter service and polling center counts as the first voter service and polling center required to be open under subsection (2) of this section, each additional voter service and polling center must be open from the eighth day prior to the final day of voting in the recall election through that final day.
(b) When a recall election is combined with a general election pursuant to article XXI of the state constitution and section 1-12-111, the number and days of operation of voter service and polling centers and the manner of voting for the recall as part of said general election are the same as those prescribed under section 1-5-102.9, except that one voter service and polling center must be open in accordance with the time established in paragraph (a) of subsection (2) of this section.
(4) As used in this section, and for purposes of article XXI of the state constitution, "part of said general election" means the inclusion of the questions of both the recall of an incumbent and the election of the incumbent's successor on mail ballots that are sent by mail, available at voter service and polling centers, or otherwise delivered to an elector as permitted by law, from the date for holding the election through the last day of voting in a general election pursuant to section 1-4-201. Notwithstanding this definition, to maximize participation of voters covered by the federal "Uniformed and Overseas Citizens Absentee Voting Act", 52 U.S.C. sec. 20301 et seq., all candidate races, ballot issues, and ballot questions that a covered voter is eligible to vote on must be included on the ballots required to be sent pursuant to that act, and recall-related ballot questions must be sent separately on ballots that adhere to the deadlines set forth in this section.
Source: L. 92: Entire article R&RE, p. 796, § 15, effective January 1, 1993. L. 95: Entire section amended, p. 849, § 74, effective July 1. L. 2007: Entire section amended, p. 1796, § 64, effective June 1. L. 2012: Entire section amended, (HB 12-1293), ch. 236, p. 1046, § 14, effective May 29. L. 2013: Entire section repealed, (HB 13-1303), ch. 185, p. 752, § 138, effective May 10. L. 2014: Entire section RC, (SB 14-158), ch. 170, p. 619, § 7, effective May 9. L. 2016: (4) amended, (SB 16-142), ch. 173, p. 587, § 65, effective May 18. L. 2019: (1) and
(2)(b) amended, (HB 19-1278), ch. 326, p. 3035, § 48, effective August 2.
Cross references: (1) In 2013, this section was repealed by the "Voter Access and Modernized Elections Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013.
For the legislative declaration in SB 14-158, see section 1 of chapter 170, SessionLaws of Colorado 2014.
For the short title ("Colorado Votes Act") in HB 19-1278, see section 1 of chapter326, Session Laws of Colorado 2019.