(1) If at any recall election for a state office the incumbent whose recall is sought is not recalled, the incumbent shall be repaid from the state treasury any money authorized by this article which the incumbent actually expended as an expense of the recall election. In no event shall the sum repaid be greater than an amount equal to ten cents per voter. The general assembly shall provide an appropriation for state recall elections.
(2) If, at any recall election for a county or local government office, an election is held and the incumbent is not recalled, the governing body shall authorize a resolution for repayment from the general fund of the political subdivision any money authorized to be repaid to the incumbent by this article 12, which the incumbent actually expended as an expense of the election. In no event shall the sum repaid exceed forty cents per eligible elector as defined in section 1-1-104 (16), subject to a maximum repayment of ten thousand dollars.
(3) Authorized expenses only include money spent after a petition has been deemed sufficient by the designated election official in challenging the sufficiency of the recall petition and in presenting to the electors the official position of the incumbent, including campaign literature, advertising, and maintaining campaign headquarters.
(4) Unauthorized expenses include money spent prior to the date on which a petition has been deemed sufficient by the designated election official; money spent on challenges and court actions not pertaining to the sufficiency of the recall petition; personal expenses for meals; lodging and mileage for the incumbent; costs of maintaining a campaign staff and associated expenses; reimbursement for expenses incurred by a campaign committee which has solicited contributions; reimbursement of any kind for employees in the incumbent's office; and all expenses incurred prior to the filing of the recall petition.
(5) The incumbent shall file a complete and detailed request for reimbursement within sixty days after the date of the recall election with the governing body of the political subdivision holding the recall election, who shall then review the reimbursement request for appropriateness under subsection (2) of this section and shall refer the request, with recommendations, to the general assembly at its next general session for state recall elections or to the treasurer of the governing body for all other elections within thirty days after receipt of the request for reimbursement.
Source: L. 92: Entire article R&RE, p. 798, § 15, effective January 1, 1993. L. 97: (2) amended, p. 1064, § 9, effective May 27. L. 2021: (2), (3), and (4) amended, (SB 21-250), ch. 282, p. 1666, § 65, effective June 21.
Editor's note: Section 85 of chapter 282 (SB 21-250), Session Laws of Colorado 2021, provides that the act changing this section applies to elections conducted on or after June 21, 2021.
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"