(1) If the officer whose recall is sought does not resign within five days after the sufficiency of the recall petition has been certified by the designated election official and the time for protest has passed, the designated election official shall call the election and set the election date as required by section 1-12-111; except that, if the officer whose recall is sought resigns at any time prior to the deadline to submit a petition as a successor candidate in accordance with section 1-12-117, the recall election shall be canceled.
(2) If the officer whose recall is sought resigns at any time after the deadline to submit a petition as a successor candidate, the recall election shall be called and held notwithstanding the resignation.
Source: L. 92: Entire article R&RE, p. 795, § 15, effective January 1, 1993. L. 95: (1) amended, p. 849, § 73, effective July 1. L. 2012: Entire section amended, (HB 12-1293), ch. 236, p. 1044, § 8, effective May 29.
Structure Colorado Code
Article 12 - Recall and Vacancies in Office
§ 1-12-101. Elected Officers Subject to Recall
§ 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
§ 1-12-110. 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
§ 1-12-115. 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"