Colorado Bill to Revise Recall Election Law Contradictions

Some Colorado Democratic Senators have introduced SB 158, to deal with election law problems uncovered in last year’s legislative recall elections. See this story. The Colorado Supreme Court had ruled that one law, requiring voters to vote on whether the officer should be recalled if they wish to vote on who should replace the recalled officer (if the recall succeeds), is unconstitutional. Therefore, SB 158 deletes that requirement. That part of the bill is not controversial.

The other part of the bill tries to get around that fact that the State Constitution says candidates can file to be on a recall ballot only ten days before the recall election is to be held. The bill does not attempt to revise the State Constitution; such a move would require a proposed Constitutional revision, and the voters would need to approve it. Instead, the bill defines “election day” to be the day the recall election was called.

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