First Regular Session
Sixty-second General Assembly
LLS NO. 99-0232.01 Jason Gelender HOUSE BILL 99-1285
STATE OF COLORADO
BY REPRESENTATIVES Lee, Clapp, Stengel, Allen, Dean, Fairbank,
Hefley, King, Larson, Lawrence, May, McElhany, McKay, Mitchell,
Nunez, Paschall, Pfiffner, Spradley, Webster;
also SENATOR Andrews.
STATE, VETERANS, & MILITARY AFFAIRS
A BILL FOR AN ACT
101 CONCERNING SCHOOL ELECTIONS, AND, IN CONNECTION THEREWITH, THE
102 ELECTION OF SCHOOL DIRECTORS.
Bill Summary
(Note: This summary applies to this bill as introduced and does
not necessarily reflect any amendments that may be subsequently
adopted.)
Makes school director elections partisan. Requires a regular
school election to be held as part of a general election in November of
even-numbered years so that partisan candidates for the office of school
director can be nominated and elected in conjunction with, and through
similar procedures as, other partisan officers. Sets forth signature
requirements for nomination petitions for school director candidates.
Makes the county clerk and recorder the chief designated election official
for all regular school elections. Makes conforming amendments to ensure
that all issues or candidates that are presently voted upon at regular
odd-year school elections will be voted upon at general elections.
Requires appointment of temporary school directors to succeed
school directors elected in 1995 or 1997 to accommodate the change in
the date of regular school elections. Requires the terms of school
directors to commence on the second Tuesday of the January immediately
following a general election.
Requires a school district employee to terminate his or her
employment with the school district before taking office as a school
director for any school district.
1 Be it enacted by the General Assembly of the State of Colorado:
2 SECTION 1. Repeal. 1-1-104 (39), Colorado Revised Statutes,
[ ] denotes HOUSE amendment. { } denotes SENATE amendment.
Capital letters indicate new material to be added to existing statute.
Dashes through the words indicate material to be deleted from existing statute.
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1 is repealed as follows:
2 1-1-104. Definitions. As used in this code, unless the context
3 otherwise requires:
4 (39) "Regular biennial school election" means the election held
5 on the first Tuesday in November of each odd-numbered year.
6 SECTION 2. 1-1-201, Colorado Revised Statutes, is amended to
7 read:
8 1-1-201. Commencement of terms - state, congressional
9 district, and county officers - school directors. The regular terms of
10 office of all state, congressional district, and county officers, AND ALL
11 SCHOOL DIRECTORS shall commence on the second Tuesday of January
12 next after their election, except as otherwise provided by law.
13 SECTION 3. 1-4-101 (3), Colorado Revised Statutes, is amended
14 to read:
15 1-4-101. Primary election nominations made. (3) All
16 nominations by major political parties for candidates for United States
17 senator, representative in congress, all elective state, district, and county
18 officers, SCHOOL DIRECTORS, and members of the general assembly shall
19 be made by primary elections. Neither the secretary of state nor any
20 county clerk and recorder shall place on the official general election
21 ballot the name of any person as a candidate of any major political party
22 who has not been nominated in accordance with the provisions of this
23 article, or who has not been affiliated with the major political party for at
24 least twelve months unless otherwise provided by law, or who does not
25 meet residency requirements for the office, if any. The information found
26 on the voter registration record of the person seeking to be placed on the
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1 ballot is admissible as prima facie evidence of compliance with this
2 article.
3 SECTION 4. 1-4-204, Colorado Revised Statutes, is amended to
4 read:
5 1-4-204. State and district officers. At the general election in
6 1982 and every fourth year thereafter, the following state officers shall
7 be elected: One governor, one lieutenant governor, one secretary of state,
8 one state treasurer, and one attorney general. The lieutenant governor
9 shall be elected jointly with the governor. At every general election, the
10 number of members of the state house of representatives to which each
11 representative district is entitled shall be elected in that district.
12 Candidates for the offices of regents of the university of Colorado, state
13 senators, members of the state board of education, SCHOOL DIRECTORS,
14 and district attorneys shall be voted on at the general election
15 immediately prior to the expiration of the regular terms for those offices.
16 SECTION 5. 1-4-502 (1), Colorado Revised Statutes, is amended
17 to read:
18 1-4-502. Methods of nomination for partisan candidates.
19 (1) Nominations for United States senator, representative in congress,
20 governor, lieutenant governor, secretary of state, state treasurer, attorney
21 general, member of the state board of education, regent of the university
22 of Colorado, member of the general assembly, district attorney, SCHOOL
23 DIRECTOR, and all county officers to be elected at the general election
24 may be made by primary election by major political parties, by petition
25 for nomination of an unaffiliated candidate as provided in section
26 1-4-802, or by a minor political party as provided in section 1-4-1304 (2).
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1 SECTION 6. 1-4-801 (2) (a), Colorado Revised Statutes, is
2 amended to read:
3 1-4-801. Designation of party candidates by petition. (2) The
4 signature requirements for the petition are as follows:
5 (a) (I) Every petition in the case of a candidate for any county
6 office shall be signed by electors eligible to vote within the county
7 commissioner district or political subdivision for which the officer is to
8 be elected. The petition shall require signers equal in number to twenty
9 percent of the votes cast in the political subdivision at the contested or
10 uncontested primary election for the political party's candidate for the
11 office for which the petition is being circulated or, if there was no
12 primary election, at the last preceding general election for which there
13 was a candidate for the office.
14 (II) EVERY PETITION IN THE CASE OF A CANDIDATE FOR SCHOOL
15 DIRECTOR SHALL BE SIGNED BY ELECTORS ELIGIBLE TO VOTE WITHIN THE
16 SCHOOL DISTRICT. FOR DIRECTORS TO BE ELECTED AT THE 2000 OR 2002
17 GENERAL ELECTION IN A SCHOOL DISTRICT THAT HAS AN AT-LARGE PLAN
18 OF REPRESENTATION, THE PETITION SHALL REQUIRE SIGNERS EQUAL IN
19 NUMBER TO TEN PERCENT OF THE VOTES CAST IN THE SCHOOL DISTRICT
20 FOR THE CANDIDATE THAT RECEIVED THE HIGHEST NUMBER OF VOTES CAST
21 FOR SCHOOL DIRECTOR AT THE MOST RECENT REGULAR BIENNIAL SCHOOL
22 ELECTION. FOR DIRECTORS TO BE ELECTED AT THE 2000 OR 2002 GENERAL
23 ELECTION IN A SCHOOL DISTRICT THAT HAS A DIRECTOR DISTRICT PLAN OF
24 REPRESENTATION, THE PETITION SHALL REQUIRE SIGNERS EQUAL IN
25 NUMBER TO TEN PERCENT OF THE VOTES CAST IN THE SCHOOL DISTRICT
26 FOR THE CANDIDATE THAT RECEIVED THE HIGHEST NUMBER OF VOTES CAST
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1 FOR SCHOOL DIRECTOR IN THE APPLICABLE DIRECTOR DISTRICT AT THE
2 MOST RECENT REGULAR BIENNIAL SCHOOL ELECTION AT WHICH SUCH SEAT
3 WAS VOTED UPON.
4 SECTION 7. The introductory portion to 1-4-802 (1) (c) and
5 1-4-802 (1) (c) (VI) and (1) (c) (VII), Colorado Revised Statutes, are
6 amended, and the said 1-4-802 (c) is further amended BY THE
7 ADDITION OF A NEW SUBPARAGRAPH, to read:
8 1-4-802. Petitions for nominating unaffiliated candidates for a
9 partisan office. (1) Candidates for partisan public offices to be filled at
10 a general or congressional vacancy election who do not wish to affiliate
11 with a political party may be nominated, other than by a primary election
12 or a convention, in the following manner:
13 (c) Every petition for the office of president and vice president,
14 for statewide office, for congressional district office, for the office of
15 member of the general assembly, for district attorney, and for county
16 office, AND FOR SCHOOL DIRECTOR shall be signed by eligible electors
17 residing within the district, or political subdivision, OR DIRECTOR
18 DISTRICT in which the officer is to be elected. The number of signatures
19 of eligible electors on a petition shall be as follows:
20 (VI) The lesser of six hundred fifty or two percent of the votes
21 cast in the district in the most recent general election for the office of
22 district attorney; and
23 (VII) The lesser of seven hundred fifty or two percent of the votes
24 cast for all candidates for that office in the most recent general election
25 for any county office; AND
26 (VIII) (A) THE LESSER OF FIVE HUNDRED OR TWO PERCENT OF THE
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1 VOTES CAST IN THE SCHOOL DISTRICT IN THE MOST RECENT GENERAL
2 ELECTION, OR, FOR DIRECTORS TO BE ELECTED AT THE 2000 GENERAL
3 ELECTION, THE MOST RECENT REGULAR BIENNIAL SCHOOL ELECTION, FOR
4 ALL CANDIDATES FOR THE OFFICE OF SCHOOL DIRECTOR DIVIDED BY THE
5 NUMBER OF DIRECTOR SEATS THAT WERE VOTED UPON AT SUCH ELECTION
6 FOR A SCHOOL DISTRICT THAT HAS AN AT-LARGE PLAN OF
7 REPRESENTATION; AND
8 (B) THE LESSER OF FIVE HUNDRED OR TWO PERCENT OF THE VOTES
9 CAST IN THE SCHOOL DISTRICT IN THE MOST RECENT GENERAL ELECTION,
10 OR, FOR DIRECTORS TO BE ELECTED AT THE 2000 GENERAL ELECTION, THE
11 MOST RECENT REGULAR BIENNIAL SCHOOL ELECTION, FOR ALL
12 CANDIDATES FOR THE OFFICE OF SCHOOL DIRECTOR OF THE APPLICABLE
13 DIRECTOR DISTRICT FOR A SCHOOL DISTRICT THAT HAS A DIRECTOR
14 DISTRICT PLAN OF REPRESENTATION.
15 SECTION 8. Repeal. 1-4-803, Colorado Revised Statutes, is
16 repealed as follows:
17 1-4-803. Petitions for nominating school district directors.
18 (1) Any person who desires to be a candidate for the office of school
19 director shall file a nomination petition signed by a number of eligible
20 electors equal to the lesser of fifty signers or fifteen percent of the eligible
21 number of electors of the district, but if the school district has a director
22 district plan of representation, the petition shall be signed by a number of
23 eligible electors equal to the lesser of fifty signers or fifteen percent of the
24 number of eligible electors resident in the director district in which the
25 person is a candidate. An eligible elector may sign as many petitions as
26 candidates for whom that elector may vote.
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1 (2) The nomination petition must be filed prior to sixty-six days
2 before the election date.
3 (3) If a school district has an at-large method of representation
4 and if terms of different lengths are to be filled at a district election,
5 candidates must designate on the nomination petition the term for which
6 they are running.
7 (4) A candidate for the office of school director shall not run as
8 a candidate of any political party for that school directorship.
9 (5) The candidate for the office of school director shall have been
10 an eligible elector and resident of the school district, as shown on the
11 books of the county clerk and recorder, for at least twelve consecutive
12 months prior to the date of the election.
13 SECTION 9. 1-10-102 (1) and (3), Colorado Revised Statutes,
14 are amended to read:
15 1-10-102. Official abstract from the counties. (1) No later than
16 the tenth day after the primary election or the general or congressional
17 vacancy election, the county board of canvassers shall make an official
18 abstract of the votes cast for national and state offices, and district offices
19 of state concern, AND SCHOOL DIRECTORS. The county clerk and recorder,
20 immediately after the official abstract of votes has been prepared, shall
21 make a copy of the official abstract and shall deliver or transmit it to the
22 office of the secretary of state, who shall file and record a copy of the
23 abstract in a book to be kept for that purpose. The county clerk and
24 recorder shall certify the official abstract and copies and affix to them the
25 county seal.
26 (3) If a recount of VOTES CAST FOR a national or state office, or
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1 district office of state concern, OR SCHOOL DIRECTOR is held and changes
2 in the vote result, an amended copy of the official abstract of votes shall
3 be filed with the secretary of state showing the recount results as the
4 official abstract of votes for that county.
5 SECTION 10. 1-10-103, Colorado Revised Statutes, is amended
6 to read:
7 1-10-103. Survey of returns by secretary of state. (1) On the
8 sixteenth day after any primary election, the secretary of state shall
9 survey the returns of votes cast for candidates for United States senator,
10 for representatives in congress, and for all state offices and district offices
11 of state concern, AND FOR SCHOOL DIRECTORS.
12 (2) On the sixteenth day after any general or congressional
13 vacancy election, the secretary of state shall survey the returns of votes
14 cast for the following: Presidential electors, United States senators,
15 representatives in congress, governor and lieutenant governor, secretary
16 of state, state treasurer, attorney general, regents of the university of
17 Colorado, members of the state board of education, state senators, state
18 representatives, and district attorneys, and school directors.
19 SECTION 11. 1-10-301 (1), Colorado Revised Statutes, is
20 amended to read:
21 1-10-301. Recounts for congressional, state, and district offices
22 - expenses of recount. (1) If, on or before the twentieth day after the
23 general or congressional vacancy election or on or before the tenth day
24 after the primary election, all the official abstracts of votes have been
25 received in the office of the secretary of state, and it appears, as
26 evidenced by the official abstracts of votes, that a candidate for United
Page 9
1 States senator, representative in congress, or any state office or district
2 office of state concern, OR SCHOOL DIRECTOR has failed to be nominated
3 in a primary election by two percent or less of the highest vote cast for a
4 candidate of the same party for that office or failed to be elected in a
5 general or congressional vacancy election by one percent or less of the
6 highest vote cast for a candidate for the same office, the secretary of state
7 shall order a complete recount of all the votes cast for that office.
8 SECTION 12. 1-10-304, Colorado Revised Statutes, is amended
9 to read:
10 1-10-304. Request by candidate supporters. If it appears, as
11 evidenced by the survey of returns, that any candidate failed to be
12 nominated or elected by more than the number of required votes provided
13 in section 1-10-301, 1-10-302, or 1-10-303, the losing candidate may
14 submit a certified written request for a recount at the expense of the
15 person making the request or the losing political party or organization.
16 This request shall be filed within thirty days after the general or
17 congressional vacancy election or within fifteen days after the primary
18 election or any other election. Before conducting the recount, the
19 designated election official shall notify the other candidate or candidates
20 and shall determine the cost and notify the requesting candidate. If the
21 recount is for an office greater than a county office OR FOR A SCHOOL
22 DIRECTOR, the cost shall be determined by the secretary of state who shall
23 notify the candidate. The candidate or the losing political party or
24 organization shall pay on demand the cost of the recount to the county
25 clerk and recorder for a recount of a county office, to the secretary of
26 state for a recount of a congressional, state, or district, OR SCHOOL
Page 10
1 DISTRICT office, or to the governing body for a nonpartisan election. The
2 funds shall be placed in escrow for payment of all expenses incurred in
3 the recount. If after the recount the candidate who requested the recount
4 is declared the winner of the election, regardless of the margin of victory,
5 or if the winning candidate failed to be nominated or elected by more
6 than the number of required votes provided in section 1-10-301,
7 1-10-302, or 1-10-303, the payment for expenses shall be refunded to the
8 person or the losing political party or organization who paid them, and
9 the expenses shall be paid as provided in section 1-10-309. The recount
10 provided for in this section shall be in addition to any other recounts
11 provided by law. Any recount of votes pursuant to this section shall be
12 held no later than the thirtieth day after a general election or no later than
13 the fifteenth day after a primary election or other election and shall be
14 completed no later than the thirty-fifth day after the general election or
15 the twentieth day after the primary election or other election.
16 SECTION 13. 1-10-307 (1) (a), Colorado Revised Statutes, is
17 amended to read:
18 1-10-307. Challenge of recount. (1) (a) Any candidate for a
19 county OFFICE, state OFFICE, or national or district office of state concern,
20 OR SCHOOL DIRECTOR SEAT who is a party to a recount or the supporters
21 of any statewide ballot issue or ballot question who requested a recount
22 and who has reasonable grounds to believe that the recount is not being
23 conducted in a fair, impartial, and uniform manner may apply to the
24 district court of the city and county of Denver for an order requiring the
25 county clerk and recorder to stop the recount and to give the secretary of
26 state access to all pertinent election records used in conducting the
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1 recount, and requiring the secretary of state to conduct the recount. The
2 county clerk and recorder shall be an official observer during any recount
3 conducted by the secretary of state.
4 SECTION 14. 1-11-101 (2), Colorado Revised Statutes, is
5 amended to read:
6 1-11-101. Tie votes at partisan elections. (2) If at any general
7 or congressional vacancy election any two or more persons tie for the
8 highest number of votes for presidential electors, for United States
9 senator, for representative in congress, for regent of the university of
10 Colorado, for member of the state board of education, for state senator or
11 state representative, or for district attorney, OR FOR SCHOOL DIRECTOR,
12 the secretary of state shall proceed to determine by lot which of the
13 candidates shall be declared elected. Reasonable notice shall be given to
14 the candidates of the time when the election will be determined.
15 SECTION 15. 1-11-105, Colorado Revised Statutes, is amended
16 to read:
17 1-11-105. Certificates of election for national, state, and
18 district officers. The secretary of state shall make and transmit a
19 certificate of election, certified under the secretary of state's seal of
20 office, to each of the persons declared to be elected to national, state, and
21 district offices of state concern AND TO SCHOOL DIRECTOR SEATS and shall
22 record in a book to be kept for that purpose each such certification.
23 SECTION 16. 1-11-212, Colorado Revised Statutes, is amended
24 to read:
25 1-11-212. Contests for school directors and county and
26 nonpartisan officers - ballot issues and ballot questions. Contested
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1 election cases of SCHOOL DIRECTORS, county and nonpartisan officers,
2 and ballot issues and ballot questions shall be tried and decided by the
3 district court for the county in which the contest arises. If a SCHOOL
4 DISTRICT OR OTHER political subdivision is located in more than one
5 county, the district court of either county may take jurisdiction.
6 SECTION 17. 1-11-214 (1), Colorado Revised Statutes, is
7 amended to read:
8 1-11-214. Trial and appeals in contests for school district,
9 county, and nonpartisan elections. (1) Immediately after the issue is
10 joined IN ANY ELECTION CONTEST SPECIFIED IN SECTION 1-11-212, the
11 district judge shall set the date for trial, which shall be not more than
12 twenty days nor less than ten days after the issue was joined. The trial
13 shall take precedence over all other business of the court. Any
14 depositions to be used in the trial may be taken upon four days' notice
15 before any officer authorized to take depositions. The testimony at trial
16 may be made orally or by depositions. The district judge shall cause the
17 testimony to be taken in full and filed in the cause. The trial shall be
18 conducted according to district court rules and practice.
19 SECTION 18. 1-11-218, Colorado Revised Statutes, is amended
20 to read:
21 1-11-218. Violations by the governing body. If the results of
22 any SCHOOL DISTRICT, DISTRICT ATTORNEYS, county or nonpartisan
23 election are disallowed as the result of a proceeding held pursuant to
24 sections 1-11-211 and 1-11-212, the elector who instituted the
25 proceedings may commence a civil action to recover costs and OR
26 reasonable attorney fees from the governing body.
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1 SECTION 19. 1-12-105, Colorado Revised Statutes, is amended
2 to read:
3 1-12-105. Signatures required for school district officers. A
4 petition to recall a school district officer shall be signed by eligible
5 electors of the school district equal in number to at least forty percent of
6 those electors who voted in such district in the last preceding election at
7 which the director to be recalled was elected as indicated by the pollbook
8 or abstract for such election. If no such election was held, such petition
9 shall be signed by eligible electors of the school district equal in number
10 to at least ten percent of those electors residing within the school district
11 on the date that the form of the petition is approved under section
12 1-12-108 (4). In no case shall the number required for recall be less than
13 ten percent of eligible electors OF THE SCHOOL DISTRICT qualified to vote
14 in the most recent biennial school GENERAL election; except that no more
15 than fifteen thousand signatures shall be required.
16 SECTION 20. 22-30-122 (1) (a), (1) (b), and (2), Colorado
17 Revised Statutes, are amended to read:
18 22-30-122. Election of school directors in new school districts.
19 (1) When a new school district is formed under the provisions of this part
20 1, the chair of the committee shall call for a special election in such new
21 school district for the selection of a board of education for the school
22 district, to be held on the day specified in the final approved plan of
23 organization. At such election, five or seven school directors, the number
24 having been established in the final approved plan of organization
25 pursuant to the provisions of section 22-30-114 (1) (h), shall be elected
26 for four-year terms as follows:
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1 (a) When five school directors are to be elected at such election,
2 two school directors shall be elected to serve until the next regular
3 biennial school GENERAL election and three school directors shall be
4 elected to serve until the second regular biennial school GENERAL
5 election. As the term of office of each school director expires, a
6 successor shall be elected for a four-year term of office.
7 (b) When seven directors are to be elected at such election, three
8 school directors shall be elected to serve until the next regular biennial
9 school GENERAL election and four school directors shall be elected to
10 serve until the second regular biennial school GENERAL election. As the
11 term of office of each school director expires, a successor shall be elected
12 for a four-year term of office.
13 (2) Within ten days after the first election of members of the
14 board of education, the members so elected for such new school district
15 shall meet and shall elect officers as provided by law and thereupon enter
16 upon and perform all the duties and exercise all the powers of a board of
17 education. Such officers shall be selected to serve until the next regular
18 biennial school GENERAL election.
19 SECTION 21. 22-30.5-205 (1) (a), Colorado Revised Statutes,
20 is amended to read:
21 22-30.5-205. Charter school district application - requirements
22 - repeal. (1) (a) Before a local board of education applies for a charter
23 to the state board, such board shall submit the issue of whether to operate
24 the school district as a charter school district to the eligible electors of the
25 school district at any regular biennial school GENERAL election or at a
26 special election called for said purpose. Any election called pursuant to
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1 this subsection (1) shall be conducted pursuant to articles 1 to 13 of title
2 1, C.R.S. The local board of education shall name a designated election
3 official who shall be responsible for calling and conducting the special
4 election.
5 SECTION 22. 22-31-101 (5) and (7), Colorado Revised Statutes,
6 are amended to read:
7 22-31-101. Definitions. As used in this article, unless the context
8 otherwise requires:
9 (5) "Regular biennial school election" means the election in a
10 school district held at the time specified in section 22-31-104.
11 (7) "Special school election" means any school election provided
12 for by law and held at a time other than AT the regular biennial school
13 GENERAL election.
14 SECTION 23. 22-31-103, Colorado Revised Statutes, is amended
15 to read:
16 22-31-103. Duties of board of education and county clerk and
17 recorder in conducting school elections. (1) A REGULAR SCHOOL
18 ELECTION CONDUCTED AS PART OF A GENERAL ELECTION SHALL BE
19 CONDUCTED BY THE COUNTY CLERK AND RECORDER. Except as otherwise
20 provided in this article, the board of education of each school district
21 shall govern the conduct of all SPECIAL school elections in the district,
22 shall designate an election official who shall be responsible for
23 conducting the SPECIAL SCHOOL election, and shall render all
24 interpretations and make all initial decisions as to controversies or other
25 matters arising in the conduct of such SPECIAL SCHOOL elections. THE
26 BOARD OF EDUCATION OF ANY SCHOOL DISTRICT MAY CONTRACT WITH THE
Page 16
1 COUNTY CLERK AND RECORDER FOR THE ADMINISTRATION OF ANY OF THE
2 DUTIES OF THE BOARD, ITS SECRETARY, OR THE DESIGNATED ELECTION
3 OFFICIAL RELATING TO THE CONDUCT OF ANY SPECIAL SCHOOL ELECTION.
4 All elections authorized in this article shall be conducted pursuant to the
5 provisions of articles 1 to 13 of title 1, C.R.S.
6 (2) The board of education of any school district may contract
7 with the county clerk and recorder for the administration of any of the
8 duties of the board, its secretary, or the designated election official
9 relating to the conduct of any school election. The election shall be
10 conducted by the county clerk and recorder if the county clerk and
11 recorder is conducting a coordinated election pursuant to section 1-7-116,
12 C.R.S.
13 SECTION 24. 22-31-104 (1), (2) (a), (2) (b) (I), and (3),
14 Colorado Revised Statutes, are amended to read:
15 22-31-104. Regular biennial school election. (1) Except as
16 provided in section 22-31-131, pertaining to districts whose boundaries
17 are coterminous with a city and county, The regular biennial school
18 election in each school district shall be held AS PART OF THE GENERAL
19 ELECTION ON the first Tuesday FOLLOWING THE FIRST MONDAY in
20 November of each odd-numbered EVEN-NUMBERED year.
21 (2) (a) In order to implement the change in the date for holding
22 regular biennial school elections, the following provisions shall apply:
23 (I) Any school district director elected at the regular biennial
24 election held in May of 1991 whose term would otherwise expire in May
25 of 1995 shall serve for a term of four years and six months and shall serve
26 until such director is succeeded by a director elected at the regular
Page 17
1 biennial school election held in November of 1995.
2 (II) Any school district director elected at the regular biennial
3 election held in May of 1991 and whose term would otherwise expire in
4 May of 1997 shall serve for a term of six years and six months and shall
5 serve until such director is succeeded by a director elected at the regular
6 biennial school election held in November of 1997.
7 (III) Any school district director whose term expires in May
8 NOVEMBER of 1993 1999 shall be succeeded by a director appointed in
9 accordance with the provisions of paragraph (b) of this subsection (2)
10 who shall serve until such appointed director is succeeded by a director
11 elected at the regular biennial school GENERAL election held in November
12 of 1993 2000.
13 (IV) Any school district director whose term expires in May
14 NOVEMBER of 1995 2001 shall be succeeded by a director appointed in
15 accordance with the provisions of paragraph (b) of this subsection (2)
16 who shall serve until such appointed director is succeeded by a director
17 elected at the regular biennial school GENERAL election held in November
18 of 1995 2002.
19 (b) (I) The appointment of school district directors for six-month
20 ONE-YEAR terms as provided in paragraph (a) of this subsection (2) shall
21 be made by the board of education of the school district; except that no
22 school district director whose term is expiring and who is seeking
23 appointment to a six-month ONE-YEAR term shall participate in
24 proceedings conducted by the board concerning the position held by that
25 director pursuant to the provisions of this paragraph (b). A director
26 whose term is expiring may notify the board in the time and manner
Page 18
1 prescribed by the board of such director's intention to be considered for
2 the appointment. If the director whose term is expiring notifies the board
3 and is otherwise qualified under this article, the board may appoint such
4 director. If the board is not notified within the time provided that the
5 director whose term is expiring intends to seek the appointment or such
6 director is not appointed to the six-month ONE-YEAR term, the secretary
7 of the board of education shall cause notice of the appointment to be
8 published for no less than two consecutive weeks in some newspaper
9 having general circulation in the school district, the first publication of
10 such notice to be made not less than thirty days before the expiration of
11 the term of office of the director in May NOVEMBER of 1993 1999 or May
12 NOVEMBER of 1995 2001, whichever is applicable. Any person who
13 meets the qualifications otherwise required by this article for the election
14 of directors and who desires to be considered for the appointment shall
15 file a written notice of such intention with the secretary of the board of
16 education within the time and in the manner prescribed by the board. The
17 board shall consider all applicants and shall make the appointment no
18 later than ten days following the expiration of the term of office of the
19 director in May NOVEMBER of 1993 1999 or May NOVEMBER of 1995
20 2001, whichever is applicable. In the event that the number of qualified
21 applicants is less than the number of appointments to be made, the board
22 may appoint any qualified person to any position for which there is no
23 qualified applicant.
24 (3) Beginning with the regular biennial school election held in
25 November of 1993, school district directors elected shall serve until their
26 successors are elected and qualified. In order for the directors to take
Page 19
1 office within such time period, the county clerk and recorder shall
2 complete the survey of votes no later than seven days following the
3 election. The director shall take office upon completion of the survey of
4 votes but no later than fifteen days following the survey.
5 SECTION 25. 22-31-105 (1), (2), (3), (4), (4.5), (5), (7) (a), (7)
6 (b), (7) (d), (7) (e), (8), and (9), Colorado Revised Statutes, are amended
7 to read:
8 22-31-105. School directors - number - election - term. (1) In
9 each school district organized under the "School District Organization
10 Act of 1957", five, six, or seven school directors shall be elected, the
11 number having been established in the organizational plan as required by
12 law. Following the initial election, to be held in accordance with the
13 provisions of the "School District Organization Act of 1957", the school
14 directors shall be elected at the respective regular biennial school
15 elections; EXCEPT THAT, ON OR AFTER JULY 1, 1999, THE SCHOOL
16 DIRECTORS SHALL BE ELECTED AT GENERAL ELECTIONS, each for a term of
17 four years and until a successor has been elected and qualified.
18 (2) In each school district organized under the provisions of the
19 "School District Reorganization Act of 1949", and affected by section
20 22-30-139, five school directors shall be elected at the respective regular
21 biennial school elections; EXCEPT THAT, ON OR AFTER JULY 1, 1999, THE
22 SCHOOL DIRECTORS SHALL BE ELECTED AT GENERAL ELECTIONS, each for
23 a term of six years and until a successor has been elected and qualified.
24 (3) In each school district with three school director offices on
25 July 1, 1963, the terms of office of the school directors which would
26 otherwise expire in 1964 and 1966 shall be automatically extended until
Page 20
1 the regular biennial school election in 1965 and 1967, respectively. At
2 the regular biennial school election in 1965, four school directors, three
3 for four-year terms of office and one for a two-year term of office, shall
4 be elected. EXCEPT AS OTHERWISE PROVIDED IN SECTION 22-31-104, as
5 the term of office of each school director in the districts expires, a
6 successor shall be elected for a four-year term of office and until a
7 successor has been elected and qualified.
8 (4) (a) In each school district not included in subsections (1) to (3)
9 of this section, and having a school enrollment of less than forty
10 thousand, one director shall be elected at the regular biennial school
11 election in 1965, and every six years thereafter; two directors shall be
12 elected at the regular biennial school election in 1967, and every six years
13 thereafter; and two directors shall be elected at the regular biennial school
14 election in 1969, and every six years thereafter; except that in any school
15 district in which the term of office of none of the directors shall expire in
16 1965, and the terms of office of three of the directors shall expire in
17 1969, two directors shall be elected at the regular biennial school election
18 in 1967 and every six years thereafter, and two directors shall be elected
19 at the regular biennial school election in 1969 and every six years
20 thereafter, and one director shall serve until the regular biennial school
21 election in 1971, at which time one director shall be elected for a six-year
22 term and every six years thereafter; except that in any such school district
23 in which any school director's term of office shall expire during an
24 even-numbered year, such term of office shall be automatically extended
25 until the next regular biennial school election. The term of office of each
26 such school director shall be six years and until a successor is elected and
Page 21
1 qualified.
2 (b) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (a) OF THIS
3 SUBSECTION (4), ON AND AFTER JULY 1, 1999, SCHOOL DIRECTORS SHALL
4 BE ELECTED AT GENERAL ELECTIONS IN ACCORDANCE WITH THE
5 PROVISIONS OF SECTION 22-31-104.
6 (4.5) On and after January 1, 1993, in each school district
7 coterminous with a city and county, there shall be elected a
8 seven-member board of education with one eligible elector elected from
9 each of five director districts and two eligible electors elected from the
10 district at large. School directors shall be elected at the respective regular
11 biennial school elections, each for a term of four years and until a
12 successor has been elected and qualified; EXCEPT THAT, ON AND AFTER
13 JULY 1, 1999, SCHOOL DIRECTORS SHALL BE ELECTED AT GENERAL
14 ELECTIONS IN ACCORDANCE WITH THE PROVISIONS OF SECTION 22-31-104.
15 Elections shall be held in accordance with the procedures established in
16 section 22-31-131.
17 (5) In each school district having a school enrollment of at least
18 eight thousand but less than forty thousand which has voted to increase
19 the number of school directors to seven as provided in subsection (8) of
20 this section and in each school district not included in subsections (1) to
21 (3) of this section and having a school enrollment of forty thousand or
22 more, seven directors shall be elected, each for the term designated, and
23 until a successor is elected and qualified as follows:
24 (a) (I) For any such district having seven directors as of March 26,
25 1964, three directors shall be elected at the regular biennial school
26 election of 1965 and every six years thereafter; two directors shall be
Page 22
1 elected at the regular biennial school election in 1967 and every six years
2 thereafter; and two directors shall be elected at the regular biennial school
3 election in 1969 and every six years thereafter. The term of office of each
4 school director shall be six years and until a successor is elected and
5 qualified.
6 (II) NOTWITHSTANDING THE PROVISIONS OF SUBPARAGRAPH (I) OF
7 THIS PARAGRAPH (a), ON AND AFTER JULY 1, 1999, SCHOOL DIRECTORS
8 SHALL BE ELECTED AT GENERAL ELECTIONS IN ACCORDANCE WITH THE
9 PROVISIONS OF SECTION 22-31-104.
10 (b) For any school district which, as a result of growth in school
11 enrollment, comes under the provisions of this subsection (5), thereby
12 increasing the required number of directors thereof from five to seven, at
13 the first regular biennial school GENERAL election following the
14 enrollment growth, two additional directors shall be elected. If, at such
15 election, two directors are already required to be elected for six-year
16 terms, one of such additional directors shall be elected for a two-year
17 term of office and the other shall be elected for a four-year term of office;
18 otherwise, both additional directors shall be elected for six-year terms of
19 office. Thereafter, any successor shall be elected for a six-year term of
20 office.
21 (c) For any school district which THAT has voted to increase the
22 number of directors from five to seven at an election as provided in
23 subsection (8) of this section, at the first regular biennial school GENERAL
24 election following the vote, two additional directors shall be elected. If
25 the two additional directors are to be elected for the first time in 1971
26 2000, or any sixth year thereafter, they shall be elected for six-year terms
Page 23
1 of office, and thereafter any successors shall be elected for six-year
2 terms. If such two additional directors are to be elected for the first time
3 in 1973 2002, or any sixth year thereafter, they shall be elected for
4 four-year terms of office; thereafter any successors shall be elected for
5 six-year terms. If such two additional directors are to be elected for the
6 first time in 1975 2004, or any sixth year thereafter, they shall be elected
7 for two-year terms of office; thereafter any successors shall be elected for
8 six-year terms.
9 (7) (a) (I) The board of education of any school district may, by
10 resolution passed by a majority of the whole board, submit to the eligible
11 electors of the school district, at the next regular biennial school
12 GENERAL election, a proposal to change the terms of office of the
13 directors of the district from six years to four years, or from four years to
14 six years, as the case may be. The proposed plan shall be adopted by
15 resolution of the board at least sixty days prior to the election.
16 (II) Notwithstanding the provisions of subparagraph (I) of this
17 paragraph (a) and paragraph (b) of this subsection (7), the board of
18 education of any school district whose directors serve six-year terms shall
19 be required to submit to the eligible electors of the school district, at the
20 regular biennial school election to be held in November of 1993, a
21 proposal to change the terms of office of such board from six years to
22 four years. Notice of the election on such proposal shall be made in the
23 manner provided by paragraph (d) of this subsection (7). The ballot shall
24 contain the words "For the continuation of the current six-year term of
25 office for school directors" and "For the change in the current six-year
26 term of office for school directors to a four-year term of office".
Page 24
1 Otherwise the ballots and election procedures shall be the same as
2 prescribed for the regular biennial school election. If a majority of the
3 votes at said election shall be "For the continuation of the current six-year
4 term of office for school directors", the school directors of said district
5 shall continue to be elected or appointed as prescribed in this section. If
6 a majority of the votes at said election shall be "For the change in the
7 current six-year term of office for school directors to a four-year term of
8 office", the plan shall become effective upon survey of election returns.
9 (b) Upon written petition the board of education of any school
10 district shall submit to the eligible electors of the school district, at the
11 next regular biennial school GENERAL election, a proposal to change the
12 terms of office of the directors of the district from six years to four years,
13 or from four years to six years, as the case may be. The petition shall be
14 signed by at least five percent of the eligible electors of the district, and
15 the proposed plan, specifying terms of office and establishing the
16 procedure for making the transitions, shall be attached thereto. The
17 petition, together with the proposed plan, shall be submitted to the
18 secretary of the board of education at least ninety days prior to the
19 election.
20 (d) The secretary of the board of education shall cause notice to
21 be given pursuant to sections 1-5-204 and SECTION 1-5-205, C.R.S., that
22 at the next biennial GENERAL election for school directors a plan revising
23 the terms of office of school directors will be submitted to the eligible
24 electors of the district. The notice shall state that the plan is on file in the
25 administration offices of the district for public inspection during
26 reasonable business hours; and the notice may be combined with the
Page 25
1 notice otherwise required for the election of school directors at the
2 regular biennial school GENERAL election.
3 (e) The ballot shall contain the words "For the .... (four) (six)
4 year term of office for school directors" and "Against the .... (four) (six)
5 year term of office for school directors". Otherwise, the ballots and
6 election procedures shall be the same as prescribed for the regular
7 biennial school GENERAL election.
8 (8) (a) The board of education of any school district having a
9 school enrollment of at least eight thousand but less than forty thousand,
10 and having five school directors elected without a director district plan of
11 representation, may, by resolution passed by a majority of the whole
12 board, submit to the eligible electors of the school district, at the next
13 regular biennial school GENERAL election, a proposal to increase the
14 number of directors from five to seven. The proposal shall be adopted by
15 resolution of the board at least sixty days prior to the election.
16 (b) Upon written petition the board of education of any school
17 district having a school enrollment of at least eight thousand but less than
18 forty thousand, and having five school directors elected without a director
19 district plan of representation, shall submit to the eligible electors of the
20 school district, at the next regular biennial school GENERAL election, a
21 proposal to increase the number of directors from five to seven. The
22 petition shall be signed by at least ten percent of the eligible electors of
23 the district and shall be submitted to the secretary of the board of
24 education at least ninety days prior to the election.
25 (c) The secretary of the board of education COUNTY CLERK AND
26 RECORDER OF ANY COUNTY THAT CONTAINS ALL OR PART OF A SCHOOL
Page 26
1 DISTRICT IN WHICH A PROPOSAL TO INCREASE THE NUMBER OF DIRECTORS
2 FROM FIVE TO SEVEN IS TO BE SUBMITTED TO THE ELIGIBLE ELECTORS OF
3 SUCH DISTRICT shall cause notice to be given pursuant to sections 1-5-204
4 and SECTION 1-5-205, C.R.S., that at the next regular biennial GENERAL
5 election for school directors a proposal to increase the number of
6 directors from five to seven will be submitted to the eligible electors of
7 the district.
8 (d) The ballot shall contain the words "For increasing the number
9 of school directors from five to seven" and "Against increasing the
10 number of school directors from five to seven". Otherwise the ballots and
11 election procedures shall be the same as prescribed for the regular
12 biennial school GENERAL election.
13 (e) If a majority of the votes cast on the question are "For
14 increasing the number of school directors from five to seven", the plan
15 shall become effective for the election of school directors at subsequent
16 regular biennial school GENERAL elections as provided in paragraph
17 of subsection (5) of this section. If a majority of the votes cast are
18 "Against increasing the number of school directors from five to seven",
19 there shall continue to be five school directors in such district.
20 (9) (a) In any school district in which the terms of office of the
21 directors expire on a schedule that does not create as close to the same
22 number of offices to be filled at each regular biennial school GENERAL
23 election as possible, the board of education may, by resolution passed by
24 a majority of all members of the board of education, extend or reduce for
25 two years one or more terms of directors to be elected at the next regular
26 biennial school GENERAL election as necessary to achieve thereafter as
Page 27
1 close to the same number of offices to be filled at each regular biennial
2 school GENERAL election as possible. The extension or reduction of terms
3 of office shall occur only once; thereafter, all terms of the members of the
4 board of directors shall be equal.
5 (b) In determining which term or terms to extend or reduce, the
6 board of education shall select, first, the term or terms for which an early
7 election is scheduled at the next regular biennial school GENERAL election
8 due to the occurrence of a vacancy in the office of school director and,
9 second, the term or terms regularly expiring at the next succeeding
10 regular biennial school GENERAL election. In the event it is necessary for
11 the board of education to select between two or more terms of equal
12 priority for extension or reduction under this subsection (9), the
13 determination shall be by lot.
14 (c) The resolution extending or reducing the terms of office shall
15 be adopted not less than forty-five days prior to the next regular biennial
16 school GENERAL election. A candidate shall run for and, if elected, shall
17 serve the term as is appropriate for the director district in which the
18 candidate resides; however, if the school district has an at-large method
19 of representation, each candidate shall run for and, if elected, shall serve
20 for the designated term. as provided for in section 1-4-803 (3), C.R.S.
21 SECTION 26. 22-31-106 (1), Colorado Revised Statutes, is
22 amended to read:
23 22-31-106. Persons entitled to vote at general elections and
24 special school elections - registration required. (1) No person shall be
25 permitted to vote at any regular biennial school GENERAL election or
26 special school election without first having been registered in the manner
Page 28
1 required by the provisions of article 2 of title 1, C.R.S.
2 SECTION 27. 22-31-107 (2), Colorado Revised Statutes, is
3 amended to read:
4 22-31-107. Qualification and nomination of candidates for
5 school director. (2) Any person who desires to be a candidate for the
6 office of school director shall file a written notice of intention with the
7 secretary of the board of education of the school district in which the
8 person resides prior to sixty-six days before the election date, together
9 with a nomination petition according to the provisions of section 1-4-803
10 and part 9 of article 4 of title 1, C.R.S. AN EMPLOYEE OF A SCHOOL
11 DISTRICT WHO DESIRES TO BE A CANDIDATE FOR THE OFFICE OF SCHOOL
12 DIRECTOR SHALL TERMINATE HIS OR HER EMPLOYMENT WITH THE DISTRICT
13 PRIOR TO BEING SWORN INTO THE OFFICE OF SCHOOL DIRECTOR. A PERSON
14 WHO IS EMPLOYED BY A SCHOOL DISTRICT SHALL NOT BE ELIGIBLE FOR THE
15 OFFICE OF SCHOOL DIRECTOR OF A SCHOOL DISTRICT.
16 SECTION 28. 22-31-108 (1), (2), (5), (6), and (7), Colorado
17 Revised Statutes, are amended to read:
18 22-31-108. Adoption, modification, or elimination of director
19 district plan of representation. (1) The board of education of any
20 school district which THAT desires to propose the adoption of a director
21 district plan of representation, or a plan to change the number of director
22 districts, or the elimination of a director district plan of representation and
23 replace the plan with an at-large plan of representation may submit a plan
24 to implement such change to the eligible electors of the school district at
25 any regular biennial school GENERAL election or at a special school
26 election called by the board for that purpose. The plan shall be adopted
Page 29
1 by the board of education at least sixty days prior to the election.
2 (2) The eligible electors of any school district who desire to
3 propose the adoption of a director district plan of representation, or a plan
4 to change the number of director districts, or the elimination of a director
5 district plan of representation and replace the plan with an at-large plan
6 of representation may petition the board of education of the school
7 district to submit a plan to implement the change to the eligible electors
8 of the district at any regular biennial school GENERAL election. The
9 petition shall be signed by at least fifteen percent of the eligible electors
10 of the school district, and the proposed plan of representation shall be
11 attached thereto. The petition, together with the proposed plan, shall be
12 submitted to the secretary of the board of education of the school district
13 at least sixty days prior to the election. If the plan meets statutory
14 requirements, it is the duty of the board of education to submit the plan
15 to the eligible electors of the school district at the next regular biennial
16 school GENERAL election.
17 (5) The ballot shall contain the words "For the proposed director
18 district plan of representation" and "Against the proposed director district
19 plan of representation", or "For the proposed at-large plan of
20 representation" and "Against the proposed at-large plan of
21 representation", as the case may be. Otherwise, the ballots and election
22 procedures shall be, as nearly as practicable, as prescribed for a regular
23 biennial school GENERAL election.
24 (6) If a majority of the votes cast at the election are for the
25 proposed plan of representation, the plan shall become effective upon the
26 survey of election returns; but no plan of representation shall terminate
Page 30
1 the office of any school director elected at or prior to the election at
2 which the plan is submitted. The plan shall be effective after the election
3 for subsequent vacancies and the election of school directors at any
4 subsequent regular biennial school GENERAL election. In the event that,
5 as a result of the adoption of a plan of representation, two or more
6 members of the board of education reside in the same new director
7 district and the office of any one of the members thereafter becomes
8 vacant, the vacancy shall be filled by the appointment of an eligible
9 elector residing in a director district which does not then have a
10 representative on the board of education. If the majority of the votes cast
11 at the election are against the proposed plan of representation, the school
12 directors of the district shall continue to be elected or appointed as
13 provided under the existing plan of representation, except as otherwise
14 provided in section 22-31-110.
15 (7) Any plan to change the number of director districts shall
16 provide, if necessary, that the term of office of one or more directors to
17 be elected at a subsequent regular biennial school GENERAL election may
18 be less than otherwise prescribed by law, in order to preserve the election
19 of approximately the same number of directors at each regular biennial
20 school GENERAL election.
21 SECTION 29. 22-31-110 (2), Colorado Revised Statutes, is
22 amended to read:
23 22-31-110. Changes in director districts. (2) The revision of
24 director district boundaries and redesignation of the director districts shall
25 become effective immediately upon adoption of the resolution by the
26 board of education, but the revision and redesignation shall not operate
Page 31
1 to terminate the office of any school director holding office at the time of
2 adoption of the resolution. The revision and redesignation shall be,
3 thereafter, effective for filling of vacancies and the election of any school
4 directors at any subsequent regular biennial school GENERAL election. In
5 the event that, as a result of a revision and redesignation, two or more
6 members of the board of education reside in the same new director
7 district, and the office of any one of the members thereafter becomes
8 vacant, the vacancy shall be filled by the appointment of an eligible
9 elector residing in a director district which does not then have a
10 representative on the board of education.
11 SECTION 30. 22-31-129 (1) (a), (2), (3), and (4), Colorado
12 Revised Statutes, are amended to read:
13 22-31-129. Vacancies. (1) A school director office shall be
14 deemed to be vacant upon the occurrence of any one of the following
15 events prior to the expiration of the term of office:
16 (a) If for any reason a school director is not elected to a school
17 director office by the eligible electors as may be required at a regular
18 biennial school GENERAL election;
19 (2) At the next board of education meeting immediately following
20 the occurrence of any condition specified in subsection (1) of this section,
21 the board of education of the district shall adopt a resolution declaring a
22 vacancy in the school director office, and the board of education of the
23 school district in which the vacancy occurs shall appoint a person WHO
24 IS AFFILIATED WITH THE SAME POLITICAL PARTY, IF ANY, AS THE LAST
25 PERSON WHO WAS DULY ELECTED OR APPOINTED TO THE VACANT SCHOOL
26 DIRECTOR OFFICE to fill the vacancy within sixty days after the vacancy
Page 32
1 has occurred. If the appointment is not made by the board within the
2 sixty-day period, the president of the board shall forthwith appoint a
3 person to fill the vacancy. The appointment shall be evidenced by an
4 appropriate entry in the minutes of the meeting and the board shall cause
5 a certificate of appointment to be delivered to the person so appointed.
6 A duplicate of each certificate of appointment shall be forwarded to the
7 department of education.
8 (3) If the vacancy occurs more than ninety days prior to the next
9 regular biennial school GENERAL election and the unexpired term is for
10 more than two years, an appointee to the office of school director shall
11 serve until the next regular biennial school GENERAL election when the
12 successor for the remainder of the term is elected and has qualified. If the
13 vacancy occurs within the ninety-day period prior to a regular biennial
14 school GENERAL election and the unexpired term is for more than two
15 years, an appointee to the office of school director shall serve until the
16 next succeeding regular biennial school GENERAL election when a
17 successor for the remainder of the term is elected and has qualified.
18 Except as otherwise provided in this subsection (3), an appointee to the
19 office of school director shall serve for the remainder of the unexpired
20 term.
21 (4) Whenever the filling of a vacancy, as provided in subsection
22 (3) of this section, causes terms of different duration to be open at the
23 time of the regular election in a school district which has an at-large
24 method of representation, candidates shall designate the term for which
25 they are running. in accordance with section 1-4-803 (3), C.R.S.
26 SECTION 31. 22-31-131 (1) and the introductory portion to
Page 33
1 22-31-131 (1.7) (a), Colorado Revised Statutes, are amended, and the
2 said 22-31-131 is further amended BY THE ADDITION OF A NEW
3 SUBSECTION, to read:
4 22-31-131. Election procedures in districts composed of a city
5 and county. (1) ON AND AFTER JULY 1, 1999, the regular biennial school
6 election in each school district coterminous with a city and county shall
7 be held on the third Tuesday in May of each odd-numbered year AS PART
8 OF THE GENERAL ELECTION ON THE FIRST TUESDAY FOLLOWING THE FIRST
9 MONDAY OF NOVEMBER OF EACH EVEN-NUMBERED YEAR, shall be
10 conducted and supervised by the election commission of the city and
11 county, and shall be governed by the provisions of articles 1 to 13 of title
12 1, C.R.S. but, beginning in 1995, the election shall be held on the first
13 Tuesday after the first Monday in May of each odd-numbered year, shall
14 be conducted and supervised by the election commission of the city and
15 county, and shall be governed by the provisions of articles 1 to 13 of title
16 1, C.R.S.; but, beginning in 1997, the election shall be held on the first
17 Tuesday in November of each odd-numbered year, shall be conducted
18 and supervised by the election commission of the city and county, and
19 shall be governed by the provisions of articles 1 to 13 of title 1, C.R.S.
20 (1.7) (a) In order to implement the THE 1994 change in the date
21 for holding regular biennial school elections, the following provisions
22 shall apply:
23 (1.8) IN ORDER TO IMPLEMENT THE 1999 CHANGE IN THE DATE FOR
24 HOLDING REGULAR BIENNIAL SCHOOL ELECTIONS THAT REQUIRES SUCH
25 ELECTIONS TO BE HELD AS PART OF THE GENERAL ELECTION ON THE FIRST
26 TUESDAY FOLLOWING THE FIRST MONDAY OF NOVEMBER OF
Page 34
1 EVEN-NUMBERED YEARS, THE FOLLOWING PROVISIONS SHALL APPLY:
2 (a) ANY SCHOOL DISTRICT DIRECTOR ELECTED AT THE REGULAR
3 BIENNIAL ELECTION HELD IN MAY OF 1995, WHOSE TERM EXPIRES IN
4 NOVEMBER OF 1999 SHALL BE SUCCEEDED BY A DIRECTOR APPOINTED IN
5 ACCORDANCE WITH THE PROVISIONS OF PARAGRAPH (c) OF THIS
6 SUBSECTION (1.8) WHO SHALL SERVE UNTIL SUCH APPOINTED DIRECTOR IS
7 SUCCEEDED BY A DIRECTOR ELECTED AT THE GENERAL ELECTION HELD IN
8 NOVEMBER OF 2000.
9 (b) ANY SCHOOL DISTRICT DIRECTOR ELECTED AT THE REGULAR
10 BIENNIAL ELECTION HELD IN MAY OF 1995, WHOSE TERM EXPIRES IN
11 NOVEMBER OF 2001 SHALL BE SUCCEEDED BY A DIRECTOR APPOINTED IN
12 ACCORDANCE WITH THE PROVISIONS OF PARAGRAPH (c) OF THIS
13 SUBSECTION (1.8) WHO SHALL SERVE UNTIL SUCH APPOINTED DIRECTOR IS
14 SUCCEEDED BY A DIRECTOR ELECTED AT THE GENERAL ELECTION HELD IN
15 NOVEMBER OF 2002.
16 (c) THE APPOINTMENT OF SCHOOL DISTRICT DIRECTORS FOR
17 ONE-YEAR TERMS AS PROVIDED IN PARAGRAPHS (a) AND (b) OF THIS
18 SUBSECTION (1.8) SHALL BE MADE BY THE BOARD OF EDUCATION OF THE
19 SCHOOL DISTRICT; EXCEPT THAT NO SCHOOL DISTRICT DIRECTOR WHOSE
20 TERM IS EXPIRING AND WHO IS SEEKING APPOINTMENT TO A ONE-YEAR
21 TERM SHALL PARTICIPATE IN PROCEEDINGS CONDUCTED BY THE BOARD
22 CONCERNING THE POSITION HELD BY THAT DIRECTOR PURSUANT TO THE
23 PROVISIONS OF THIS PARAGRAPH (c). A DIRECTOR WHOSE TERM IS
24 EXPIRING MAY NOTIFY THE BOARD IN THE TIME AND MANNER PRESCRIBED
25 BY THE BOARD OF SUCH DIRECTOR'S INTENTION TO BE CONSIDERED FOR
26 THE APPOINTMENT. IF THE DIRECTOR WHOSE TERM IS EXPIRING NOTIFIES
Page 35
1 THE BOARD AND IS OTHERWISE QUALIFIED UNDER THIS ARTICLE, THE
2 BOARD MAY APPOINT SUCH DIRECTOR. IF THE BOARD IS NOT NOTIFIED
3 WITHIN THE TIME PROVIDED THAT THE DIRECTOR WHOSE TERM IS EXPIRING
4 INTENDS TO SEEK THE APPOINTMENT OR SUCH DIRECTOR IS NOT APPOINTED
5 TO THE ONE-YEAR TERM, THE SECRETARY OF THE BOARD OF EDUCATION
6 SHALL CAUSE NOTICE OF THE APPOINTMENT TO BE PUBLISHED FOR NO LESS
7 THAN TWO CONSECUTIVE WEEKS IN A NEWSPAPER HAVING GENERAL
8 CIRCULATION IN THE SCHOOL DISTRICT, THE FIRST PUBLICATION OF SUCH
9 NOTICE TO BE MADE NOT LESS THAN THIRTY DAYS BEFORE THE EXPIRATION
10 OF THE TERM OF OFFICE OF THE DIRECTOR IN NOVEMBER OF 1999 OR
11 NOVEMBER OF 2001, WHICHEVER IS APPLICABLE. ANY PERSON WHO
12 MEETS THE QUALIFICATIONS OTHERWISE REQUIRED BY THIS ARTICLE FOR
13 THE ELECTION OF DIRECTORS AND WHO DESIRES TO BE CONSIDERED FOR
14 THE APPOINTMENT SHALL FILE A WRITTEN NOTICE OF SUCH INTENTION
15 WITH THE SECRETARY OF THE BOARD OF EDUCATION WITHIN THE TIME AND
16 IN THE MANNER PRESCRIBED BY THE BOARD. THE BOARD SHALL CONSIDER
17 ALL APPLICANTS AND SHALL MAKE THE APPOINTMENT NO LATER THAN TEN
18 DAYS FOLLOWING THE EXPIRATION OF THE TERM OF OFFICE OF THE
19 DIRECTOR IN NOVEMBER OF 1999 OR NOVEMBER OF 2001, WHICHEVER IS
20 APPLICABLE. IN THE EVENT THAT THE NUMBER OF QUALIFIED APPLICANTS
21 IS LESS THAN THE NUMBER OF APPOINTMENTS TO BE MADE, THE BOARD
22 MAY APPOINT ANY QUALIFIED PERSON TO ANY POSITION FOR WHICH THERE
23 IS NO QUALIFIED APPLICANT.
24 SECTION 32. Repeal. 22-31-132, Colorado Revised Statutes,
25 is repealed as follows:
26 22-31-132. Article not applicable to junior colleges. This article
Page 36
1 shall not apply to junior college districts, unless the junior college board
2 of trustees elects to participate in the regular biennial school election, as
3 provided in section 23-71-110 (5) and (7), C.R.S.
4 SECTION 33. 22-32-104 (1), Colorado Revised Statutes, is
5 amended to read:
6 22-32-104. Organization of board of education. (1) Within
7 fifteen days after THE SECOND TUESDAY OF JANUARY NEXT AFTER each
8 regular biennial school district GENERAL election, the incumbent secretary
9 of the school district shall call a special meeting of the board of education
10 of the district for the purpose of selecting officers of the board. At the
11 meeting the incumbent president of the board shall preside until a
12 successor shall have been elected and qualified.
13 SECTION 34. 22-32-127 (2), Colorado Revised Statutes, is
14 amended to read:
15 22-32-127. Leases or installment purchases for periods
16 exceeding one year. (2) No board of education shall enter into an
17 installment purchase agreement of the type which constitutes an
18 indebtedness unless such agreement shall be first approved as provided
19 in this section by a majority of the registered electors of the district voting
20 at an election held pursuant to this section. The board of education may
21 submit to the registered electors of the district the question of entering
22 into such an agreement at any general election regular biennial school
23 election or special election called for the purpose. The secretary of the
24 board of education shall give notice of an election to be held pursuant to
25 this section in essentially the same manner and for the same length of
26 time as is required by law for a notice of election of school directors.
Page 37
1 Such notice shall contain, to the extent applicable, the information
2 required for a notice of election of school directors and in addition shall
3 contain a statement of the maximum term of the proposed agreement, the
4 maximum and periodic amounts of payments for which the district would
5 be obligated, and the purpose of the agreement.
6 SECTION 35. The introductory portion to 22-42-102 (2) (a),
7 Colorado Revised Statutes, is amended to read:
8 22-42-102. Bonded indebtedness - elections. (2) (a) The board
9 of education of any school district, at any regular biennial school
10 GENERAL election or at a special election called for the purpose, shall
11 submit to the eligible electors of the district the question of contracting
12 a bonded indebtedness for one or more of the following purposes:
13 SECTION 36. 22-43-103 (2), Colorado Revised Statutes, is
14 amended to read:
15 22-43-103. Question of issuing refunding bonds. (2) If any
16 district proposes to issue refunding bonds, on which issue the net interest
17 cost or net effective interest rate exceeds the net interest cost or net
18 effective interest rate of the outstanding bonds to be refunded, the board
19 shall submit the question of issuing such refunding bonds and the
20 maximum net interest cost and maximum net effective interest rate at
21 which such refunding bonds may be issued at the regular biennial school
22 GENERAL election or at a special election called for that purpose. Any
23 such election shall be called and held as nearly as may be in the manner
24 provided by law for elections on the question of the issuance of other
25 school bonds of the issuing district.
26 SECTION 37. 22-45-103 (1) (c) (II.5), Colorado Revised
Page 38
1 Statutes, is amended to read:
2 22-45-103. Funds - repeal. (1) The following funds are created
3 for each school district for purposes specified in this article:
4 (c) Capital reserve fund. (II.5) A board of education may enter
5 into an installment purchase agreement or lease agreement with option to
6 purchase for a period exceeding one year and not to exceed twenty years
7 for expenditures from the fund if the agreement is first approved by a
8 majority of the eligible electors of the district voting on the question at an
9 election held pursuant to this subparagraph (II.5). The board of education
10 may submit to the eligible electors of the district the question of whether
11 to enter into such an agreement at any general election regular biennial
12 school election or special election called for such purpose. The secretary
13 of the board of education shall be the designated election official and
14 shall conduct the election pursuant to articles 1 to 13 of title 1, C.R.S.
15 Any special election called pursuant to this subparagraph (II.5) shall be
16 held on the first Tuesday after the first Monday in February, May,
17 October, November, or December. The question of whether to enter into
18 an installment agreement or lease agreement with option to purchase may
19 be submitted or resubmitted after the same, or after any other such
20 question, has previously been rejected at an election held pursuant to this
21 subparagraph (II.5), but no such question shall be submitted or
22 resubmitted at any election held less than one hundred twenty days after
23 a previous submission of such question, and the board of education of any
24 school district shall not submit any question of entering into such an
25 agreement at more than two elections within any twelve-month period.
26 The board of education of a school district may enter into an installment
Page 39
1 purchase agreement or lease agreement with option to purchase for a term
2 not to exceed twenty years for the purposes provided for in
3 sub-subparagraph (F) of subparagraph (I) of this paragraph (c). When
4 authorized by the election as provided in this subparagraph (II.5), the
5 agreement shall be valid, binding, and enforceable between the parties to
6 the agreement. The provisions of this subparagraph (II.5) shall have no
7 application to any installment purchase agreement or lease agreement
8 with option to purchase, even though the term thereof may be greater than
9 one year, if the district's obligation to make payments thereunder is
10 expressly subject to the making of annual appropriations therefor in
11 accordance with law. This subparagraph (II.5) shall have no application
12 to any lease agreement with option to purchase for a period of one year
13 or less, including lease agreements consisting of a series of one-year
14 terms renewable at the option of the district.
15 SECTION 38. 23-61.5-102, Colorado Revised Statutes, is
16 amended to read:
17 23-61.5-102. Election to organize. Upon receipt of the petition
18 provided in section 23-61.5-101, the county clerk and recorder shall give
19 notice to the eligible electors of the respective school districts located in
20 the area of the proposed area vocational district that at the next regular
21 biennial school GENERAL election or at a special election which may be
22 called for the purpose, the question of organizing an area vocational
23 district will be submitted to them.
24 SECTION 39. 23-61.5-112 (1) (a) and (1) (b), Colorado Revised
25 Statutes, are amended to read:
26 23-61.5-112. Additions to district - procedure. (1) If any part
Page 40
1 of the area designated by the state board for community colleges and
2 occupational education as an area to be served by an area vocational
3 school desires to be annexed to an existing area vocational district, it may
4 do so by the following procedure:
5 (a) By obtaining approval of the existing area vocational district.
6 The approval shall be given only upon a majority vote of the eligible
7 electors of the existing area vocational district as expressed by a majority
8 polled at the time of the regular biennial school GENERAL election. held
9 in the area vocational district. The election shall be called only upon the
10 affirmative vote of the board.
11 (b) By obtaining approval of the eligible electors residing in the
12 part of the designated area desiring to be annexed voting on the question
13 of annexation at a regular biennial school GENERAL election. The election
14 shall be called only upon the filing of a petition for inclusion with the
15 county clerk and recorder of the county in which the part is located or
16 with the county clerk and recorder of each county in which a part is
17 located if the part is located in more than one county. The petition shall
18 be signed by ten percent of the eligible electors who reside in the part.
19 The provisions of sections 23-61.5-103 to 23-61.5-104 AND 23-61.5-106
20 shall apply to the election. If more than a majority of all votes cast at the
21 election are in favor of the inclusion, the part shall be included in the area
22 vocational district.
23 SECTION 40. 23-71-105, Colorado Revised Statutes, is amended
24 to read:
25 23-71-105. Election to organize. Upon receipt of the petition
26 provided in section 23-71-104, the county clerk and recorder or, in the
Page 41
1 event the proposed district is situated in two or more counties, the
2 secretary of state shall review the petition to determine whether it
3 contains the number of signatures required for an organizational election.
4 In the event that the petition contains the requisite number of signatures,
5 the county clerk and recorder or secretary of state shall give notice to the
6 school electors residing in the area of the proposed district that at the next
7 regular biennial school GENERAL election, or at a special election which
8 is requested in the petition, the question of organizing a junior college
9 district will be submitted to the eligible electors of the respective school
10 districts located in the area of the proposed junior college district.
11 SECTION 41. 23-71-110 (2), (3), (5), (7), and (8), Colorado
12 Revised Statutes, are amended to read:
13 23-71-110. Election of board - members and terms. (2) The
14 regular election of the members of a board of trustees shall be held AS
15 PART OF THE GENERAL ELECTION on the first Tuesday after the first
16 Monday in November in odd-numbered EVEN-NUMBERED years. as
17 provided by law for regular biennial school elections in school districts.
18 Special elections shall be held on the first Tuesday after the first Monday
19 in February, May, September, or December.
20 (3) The board of trustees of each junior college district existing
21 on or after July 1, 1984, and before July 1, 1986, shall determine whether
22 the board of trustees shall consist of five members or seven members.
23 The board of trustees of each junior college district created after July 1,
24 1986, shall consist of a five-member or seven-member board as specified
25 in the organization petition. The board of trustees of each junior college
26 district shall determine the number of vacancies existing and the length
Page 42
1 of term of each vacancy for the next and subsequent regular GENERAL
2 elections. for board members. Except for the election of members who
3 were appointed pursuant to subsection (8) of this section and section
4 23-71-121, this shall be done so that there will be no more than three
5 vacancies at any regular election for a five-member board and four
6 vacancies at any regular election for a seven-member board and so that
7 each board member will have a term of four years.
8 (5) Members of a board of trustees shall be elected at the regular
9 biennial school election of school districts within the junior college
10 district GENERAL ELECTION. Any person desiring to be a candidate for the
11 office of trustee shall file a petition for nomination pursuant to section
12 1-4-803 and part 9 of article 4 of title 1, C.R.S. 23-71-114. The election
13 shall be conducted pursuant to the provisions of articles 1 to 13 of title 1,
14 C.R.S. The secretary of the board of trustees shall be the designated
15 election official responsible for the election.
16 (7) The cost of the election of members of the board of trustees
17 as provided in this section shall be paid by the junior college district in
18 which the elections are conducted, or, in the event of a coordinated
19 election, the costs shall be allocated pursuant to sections 1-5-506 and
20 1-5-507, C.R.S.
21 (8) Each junior college district which has a five-member board of
22 trustees may increase the board membership to seven members at any
23 time by the appointment of two new members. Each person appointed
24 pursuant to this subsection (8) shall be appointed at least one hundred
25 twenty days prior to the next regular biennial junior college GENERAL
26 election and shall serve only until such election and until his OR HER
Page 43
1 successor has been elected and has qualified.
2 SECTION 42. 23-71-114, Colorado Revised Statutes, is amended
3 to read:
4 23-71-114. Candidates for board of trustees. (1) Any person
5 who desires to be a candidate for the junior college board of trustees and
6 who is an eligible elector in the junior college district shall file a petition
7 for nomination pursuant to section 1-4-803 and part 9 of article 4 of title
8 1, C.R.S. THE PETITION SHALL BE SIGNED BY A NUMBER OF ELECTORS
9 EQUAL TO THE LESSER OF FIFTY SIGNERS OR FIFTEEN PERCENT OF THE
10 ELIGIBLE ELECTORS OF THE JUNIOR COLLEGE DISTRICT, BUT IF THE JUNIOR
11 COLLEGE DISTRICT HAS A BOARD MEMBER DISTRICT PLAN OF
12 REPRESENTATION, THE PETITION SHALL BE SIGNED BY A NUMBER OF
13 ELIGIBLE ELECTORS EQUAL TO THE LESSER OF FIFTY SIGNERS OR FIFTEEN
14 PERCENT OF THE NUMBER OF ELIGIBLE ELECTORS RESIDENT IN THE BOARD
15 MEMBER DISTRICT IN WHICH THE PERSON IS A CANDIDATE. AN ELIGIBLE
16 ELECTOR MAY SIGN AS MANY PETITIONS AS CANDIDATES FOR WHOM THAT
17 ELECTOR MAY VOTE.
18 (2) THE NOMINATION PETITION MUST BE FILED PRIOR TO SIXTY-SIX
19 DAYS BEFORE THE ELECTION DATE.
20 (3) A CANDIDATE FOR THE OFFICE OF JUNIOR COLLEGE DISTRICT
21 BOARD MEMBER SHALL NOT RUN AS A CANDIDATE OF ANY POLITICAL
22 PARTY FOR THAT BOARD MEMBERSHIP.
23 (4) THE CANDIDATE FOR THE OFFICE OF BOARD MEMBER SHALL
24 HAVE BEEN AN ELIGIBLE ELECTOR AND RESIDENT OF THE JUNIOR COLLEGE
25 DISTRICT, AS SHOWN ON THE BOOKS OF THE COUNTY CLERK AND
26 RECORDER, FOR AT LEAST TWELVE CONSECUTIVE MONTHS PRIOR TO THE
Page 44
1 DATE OF ELECTION.
2 SECTION 43. 23-71-121 (3), Colorado Revised Statutes, is
3 amended to read:
4 23-71-121. Vacancies. (3) If the vacancy occurs more than
5 ninety days prior to the next regular biennial junior college election and
6 the unexpired term is for more than two years, an appointee to the board
7 shall serve until the next regular biennial junior college GENERAL election
8 and until the successor for the remainder of the term is elected and has
9 qualified. If the vacancy occurs within the ninety-day period prior to a
10 regular biennial junior college GENERAL election and the unexpired term
11 is for more than two years, an appointee to an office of the board shall
12 serve until the next succeeding regular biennial junior college GENERAL
13 election at which a candidate for the board may lawfully be nominated
14 pursuant to section 1-4-803 SECTION 23-71-114 and part 9 of article 4 of
15 title 1, C.R.S., and until a successor has been elected and has qualified.
16 Except as otherwise provided in this subsection (3), an appointee to an
17 office of the board shall serve the remainder of the unexpired term.
18 SECTION 44. 23-71-128 (1) (a) and (1) (b) , Colorado Revised
19 Statutes, are amended to read:
20 23-71-128. Additions to district - procedure. (1) If any school
21 district or group of districts adjacent to a junior college district desires to
22 be annexed to the existing junior college district, it may do so by the
23 following procedure:
24 (a) By obtaining approval of the existing junior college district.
25 The approval shall be given only upon a majority vote of the eligible
26 electors of the existing junior college district as expressed by a majority
Page 45
1 polled at the time of the regular biennial school GENERAL election. held
2 in the junior college district. The election shall be called only upon the
3 affirmative vote of the board of trustees.
4 (b) By the school district desiring to be annexed voting on the
5 question of annexation at a regular biennial school GENERAL election.
6 The election shall be called only upon the affirmative vote of the school
7 district board of education. If a single school district desires to be
8 annexed, the annexation shall be effected by a majority vote of the
9 eligible electors of the district. If two or more school districts desire
10 annexation as a group, the annexation shall be effected only by a majority
11 vote in favor thereof in each district desiring annexation. If there is not
12 a majority vote in favor of the annexation in any district comprising the
13 group, then the annexation shall not occur for the group of districts, but
14 any individual district in the group which had a majority vote in favor of
15 the annexation shall be annexed to the junior college district.
16 SECTION 45. 23-71-502 (2), Colorado Revised Statutes, is
17 amended to read:
18 23-71-502. Bonded indebtedness - elections. (2) The board of
19 trustees of any district, at any regular biennial school GENERAL election
20 or at a special election called for the purpose, shall submit to the eligible
21 electors of the district the question of contracting a bonded indebtedness
22 for the purpose of purchasing, erecting, improving, remodeling, and
23 furnishing junior college buildings, sites, facilities, and equipment, which
24 purposes shall be broadly construed, subject to the limitations provided
25 in section 23-71-503.
26 SECTION 46. 23-72-107 (2) and (4), Colorado Revised Statutes,
Page 46
1 are amended to read:
2 23-72-107. Election of board - members and terms. (2) The
3 regular election of the members of a board shall be held AS PART OF THE
4 GENERAL ELECTION on the first Tuesday after the first Monday in
5 November in odd-numbered EVEN-NUMBERED years. as provided by law
6 for regular biennial school elections in school districts. Special elections
7 shall be held on the first Tuesday after the first Monday in February,
8 May, September, or December.
9 (4) Members of a board shall be elected at the regular biennial
10 school election of school districts within the affiliated junior college
11 district GENERAL ELECTION. Any person desiring to be a candidate for the
12 office of board member shall file a nomination petition as provided by
13 section 23-72-111.
14 SECTION 47. 23-72-111, Colorado Revised Statutes, is amended
15 to read:
16 23-72-111. Candidates for board. (1) Any person who desires
17 to be a candidate for the affiliated junior college board and who is an
18 eligible elector may SHALL file a petition for nomination pursuant to
19 section 1-4-803, C.R.S. SIGNED BY A NUMBER OF ELECTORS EQUAL TO THE
20 LESSER OF FIFTY SIGNERS OR FIFTEEN PERCENT OF THE ELIGIBLE ELECTORS
21 OF THE AFFILIATED JUNIOR COLLEGE DISTRICT, BUT IF THE AFFILIATED
22 JUNIOR COLLEGE DISTRICT HAS A BOARD MEMBER DISTRICT PLAN OF
23 REPRESENTATION, THE PETITION SHALL BE SIGNED BY A NUMBER OF
24 ELIGIBLE ELECTORS EQUAL TO THE LESSER OF FIFTY SIGNERS OR FIFTEEN
25 PERCENT OF THE NUMBER OF ELIGIBLE ELECTORS RESIDENT IN THE BOARD
26 MEMBER DISTRICT IN WHICH THE PERSON IS A CANDIDATE. AN ELIGIBLE
Page 47
1 ELECTOR MAY SIGN AS MANY PETITIONS AS CANDIDATES FOR WHOM THAT
2 ELECTOR MAY VOTE.
3 (2) THE NOMINATION PETITION MUST BE FILED PRIOR TO SIXTY-SIX
4 DAYS BEFORE THE ELECTION DATE.
5 (3) A CANDIDATE FOR THE OFFICE OF AFFILIATED JUNIOR COLLEGE
6 DISTRICT BOARD MEMBER SHALL NOT RUN AS A CANDIDATE OF ANY
7 POLITICAL PARTY FOR THAT BOARD MEMBERSHIP.
8 (4) THE CANDIDATE FOR THE OFFICE OF BOARD MEMBER SHALL
9 HAVE BEEN AN ELIGIBLE ELECTOR AND RESIDENT OF THE AFFILIATED
10 JUNIOR COLLEGE DISTRICT, AS SHOWN ON THE BOOKS OF THE COUNTY
11 CLERK AND RECORDER, FOR AT LEAST TWELVE CONSECUTIVE MONTHS
12 PRIOR TO THE DATE OF ELECTION.
13 SECTION 48. 23-72-119 (1) (a) and (1) (b), Colorado Revised
14 Statutes, are amended to read:
15 23-72-119. Additions to district - procedure. (1) If any part of
16 a junior college district not otherwise a part of an affiliated junior college
17 district desires to be annexed to an existing affiliated junior college
18 district, it may do so by the following procedure:
19 (a) By obtaining approval of the existing affiliated junior college
20 district. The approval shall be given only upon a majority vote of the
21 eligible electors of the existing affiliated junior college district as
22 expressed by a majority polled at the time of the regular biennial school
23 GENERAL election. held in the affiliated junior college district. The
24 election shall be called only upon the affirmative vote of the board.
25 (b) By obtaining approval of the eligible electors residing in the
26 part of the designated area desiring to be annexed voting on the question
Page 48
1 of annexation at a regular biennial school GENERAL election. The election
2 shall be called only upon the filing of a petition for inclusion with the
3 county clerk and recorder of the county in which the part is located or
4 with the county clerk and recorder of each county in which a part is
5 located if the part is located in more than one county. The petition shall
6 be signed by ten percent of the eligible electors who reside in the part.
7 If more than a majority of all votes cast at the election are in favor of the
8 inclusion, the part shall be included in the affiliated junior college
9 district.
10 SECTION 49. Safety clause. The general assembly hereby
11 finds, determines, and declares that this act is necessary for the immediate
12 preservation of the public peace, health, and safety.