(Deleted by amendment, L. 2010, (HB 10-1116), ch. 194, p. 832, § 11, effective May5, 2010.)
(1.5) Except as provided in section 1-4-104.5, if the only matter before the electors in a nonpartisan election is the election of persons to office and if, at the close of business on the sixty-third day before the election, there are not more candidates than offices to be filled at the election, including candidates filing affidavits of intent, the designated election official, if instructed by resolution of the governing body, shall cancel the election and declare the candidates elected.
Except for initiative and recall elections, no later than twenty-five days before anelection conducted as a coordinated election in November, and at any time prior to any other elections, a governing body may by resolution withdraw one or more ballot issues or ballot questions from the ballot. The ballot issues and ballot questions shall be deemed to have not been submitted and votes cast on the ballot issues and ballot questions shall either not be counted or shall be deemed invalid by action of the governing body.
If the electors are to consider the election of persons to office and ballot issues orballot questions, the election may be canceled by the governing body only in the event that all of the conditions of subsection (1.5) of this section exist and that all ballot issues or ballot questions have been withdrawn from the ballot pursuant to subsection (2) of this section.
Except as provided in subsection (2) of this section, no election may be canceled inpart.
Unless otherwise provided by an intergovernmental agreement pursuant to section 17-116, upon receipt of an invoice, the governing body shall within thirty days promptly pay all costs accrued by the county clerk and recorder and any coordinating political subdivision attributable to the canceled election or withdrawn ballot issues or ballot questions.
The governing body shall provide notice by publication of the cancellation of theelection. A copy of the notice must be posted in the office of the designated election official and in the office of the clerk and recorder for each county in which the political subdivision is located and, for special districts, a copy of the notice must be filed in the office of the division of local government. The governing body shall also notify the candidates that the election was canceled and that they were elected by acclamation.
Source: L. 92: Entire article R&RE, p. 705, § 8, effective January 1, 1993. L. 94: Entire section amended, p. 1160, § 28, effective July 1; entire section amended, p. 1769, § 28, effective January 1, 1995. L. 95: (1) and (6) amended, p. 837, § 51, effective July 1. L. 96: (1) amended and (1.5) added, p. 1743, § 34, effective July 1. L. 2000: (2), (3), (4), and (5) amended, p. 790, § 1, effective August 2. L. 2010: (1) and (1.5) amended, (HB 10-1116), ch. 194, p. 832, § 11, effective May 5. L. 2012: (3) amended, (HB 12-1292), ch. 181, p. 682, § 19, effective May 17. L. 2013: (6) amended, (HB 13-1303), ch. 185, p. 710, § 38, effective May 10. L. 2016: (6) amended, (SB 16-142), ch. 173, p. 579, § 39, effective May 18. L. 2018: (6) amended, (SB 18233), ch. 262, p. 1608, § 12, effective May 29.
Editor's note: Amendments to this section in House Bill 94-1286 and House Bill 941294 were harmonized.
Cross references: In 2013, subsection (6) was amended 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.