§ C.R.S. § 1-12-119Canvass of votes - notification of results

(1) For the recall of a partisan
officer, the canvass board shall be composed of one representative from each major political
party and the county clerk and recorder.
(2) For the recall of a nonpartisan officer, the canvass board shall be composed of the
designated election official, one member of the governing body, and one eligible elector of the
political subdivision.
(3) The canvass board shall complete and certify the abstract of votes in accordance with
article 10 of this title.
(4) If the majority of those voting on the recall question voted "yes", upon receipt of the
certified abstract of votes cast, the designated election official shall issue a certificate of election
to the successor candidate who received the highest number of votes. A copy of the certificate
shall be transmitted by the secretary of state to the appropriate house of the general assembly for
recall elections concerning the general assembly and to the governor for the recall of all other
elections of state officers. For all other recall elections, a copy of the certificate shall be
transmitted to the governing body of the political subdivision. The candidate who received the
highest number of votes shall be sworn in and shall assume the duties of the office upon
certification of the election results.
(5) If less than a majority of those voting on the recall question voted "yes", upon receipt
of the certified abstract of votes cast, the designated election official shall notify in writing the
incumbent, each candidate for the office, the committee, and the governing body of the
incumbent.
Colorado Revised Statutes 2024
Page 378 of 561
Uncertified Printout
1-12-120. Cost of recall election. (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.