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Legislative Year: 2023 Change
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Bill Detail: HB23-1185

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Title Requirements For Recall Elections And Vacancies
Status Governor Signed (04/17/2023)
Bill Subjects
  • Elections & Redistricting
House Sponsors S. Woodrow (D)
L. Daugherty (D)
Senate Sponsors R. Rodriguez (D)
House Committee State, Civic, Military and Veterans Affairs
Senate Committee State, Veterans and Military Affairs
Date Introduced 02/08/2023
Summary

Section 1 of the bill clarifies the affidavit of intent requirements
for a write-in candidate in a partisan election.
Section 2 requires that if the election of the successor is a partisan
election, and the incumbent was affiliated with a political party when the
incumbent was elected, only a person who is affiliated with the same
political party may be nominated as a successor. If the incumbent was
unaffiliated at the time the incumbent was elected, only a person who is
unaffiliated may be nominated as a successor.
Sections 3 through 8 clarify the procedure for filling a vacancy in
the governing body of a municipality in the absence of a quorum of the
body. When a vacancy occurs, the governing body shall appoint an
eligible elector or call a special election within 60 days. If the governing
body lacks sufficient members to reach a quorum, the clerk of the
governing body is authorized to call a special election to fill any
vacancies.
Sections 9 through 11 make several changes to the requirements
for municipal recall elections, including:
  • Requiring members of the committee designated to
represent the signers of a recall petition to be registered
electors residing in the municipality;
  • Clarifying the number of signatures required for a recall
petition for a person holding an office filled by more than
one person;
  • Requiring signers to include their municipality and county
with their address when signing a recall petition;
  • Clarifying the effect of disassembly of a recall petition;
  • Repealing requirements to send a copy of a protest to the
county clerk and recorder and for the county clerk and
recorder to prepare a list of registered electors for the
protest;
  • Clarifying deadlines and processes for petitions and
protests;
  • Requiring that nomination petitions for successors be
circulated and filed within 20 calendar days after the date
a recall election is set;
  • Clarifying procedures for voting by absentee ballot in recall
elections;
  • Providing that if the incumbent is not recalled, the votes for
a successor are not recorded and any unofficial results of
the vote on a successor shall not be disclosed; and
  • Clarifying ballot requirements and election standards for a
recall election in which more than one officer is sought to
be recalled.

Committee Reports
with Amendments
Full Text
Full Text of Bill (pdf) (most recent)
Fiscal Notes Fiscal Notes (06/20/2023) (most recent)  
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