(1) A petition to recall a state or county officer shall be signed by eligible electors equal in number to twenty-five percent of the entire vote cast at the last preceding general election for all candidates for the office which the incumbent sought to be recalled occupies.
(2) If more than one person is required by law to be elected to fill the office to which the person sought to be recalled is an incumbent, then the petition shall be signed by eligible electors entitled to vote for a successor to the incumbent sought to be recalled equal in number to twenty- five percent of the entire vote cast at the last preceding general election for all candidates for the office to which the incumbent sought to be recalled was elected, the entire vote being divided by the number of all officers elected to the office at the last preceding general election.
Source: L. 92: Entire article R&RE, p. 794, § 15, effective January 1, 1993. L. 97: (1) amended, p. 1061, § 2, effective May 27.
Notes of Decisions
Cited in
6
cases, 1976–2014 · leading case:
Hayes v. Spalding, 333 P.3d 76 (Colo. 2014).
Hayes v. Spalding, 333 P.3d 76 (Colo. 2014).
· cites it 2× “" § 1-12-104, C.R.S. (2018). For nonpartisan elected officer positions, recall petitions currently require the signatures of "three hundred eligible electors of the political subdivision" or "[40] percent of the eligible electors," whichever is less.”
In Re Title, for 1999-2000 No. 104, 987 P.2d 249 (Colo. 1999).
· cites it 2× “For example, section 1-12-104, which governs the recall of state and county officers, provides that the petition "shall be signed by eligible electors equal in number to twenty-five percent of the entire vote cast at the last preceding general election.”
Clarke v. Ross, 57 V.I. 737 (D.V.I. 2012).
· cites it 2× “See Colo. Rev. Stat. § 1-12-104 (2012) (“If more than one person is required by law to be elected to fill the office to which the person sought to be recalled is an incumbent, then the petition shall be signed by eligible electors entitled to vote for a successor to the…”
Aisenberg v. Campbell, 987 P.2d 249 (Colo. 1999).
· cites it 2× “For example, section 1-12-104, which governs the recall of state and county officers, provides that the petition “shall be signed by eligible electors equal in number to twenty-five percent of the entire vote cast at the last preceding general election.”
Olshaw v. Buchanan, 555 P.2d 979 (Colo. 1976).
· cites it 4× “This brief does cite CRS § 1-12-104 which relates to neglect of duties and wrongful acts by state officials.”
Olshaw v. Buchanan, 555 P.2d 979 (Colo. 1976).
· cites it 4× “This brief does cite CRS § 1-12-104 which relates to neglect of duties and wrongful acts by state officials.”
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