Homeowners who want to recall directors on corporate-controlled metro district boards are usually at a significant disadvantage because they are unfamiliar with the recall election process. Colorado law (specifically CRS 32-1-906 to 32-1-915) provides homeowners the right to recall the directors serving on their metropolitan district boards. Very little infomation or assistance is publicly available to homeowners who desire to learn more about the recall election process for metro districts.
Key Definition: “Eligible Electors” are individuals (1) who are registered to vote in Colorado and (2) either (a) whose primary residence is within the boundaries of the District or (b) who own property located within the district or (c) whose spouse owns property located within the district. Individuals who are the trustees or benefactors of trusts that own property within the district are not themselves considered owners of property within the district. Corporations, partnerships and LLCs that own land within a district are not Eligible Electors because only individuals may register to vote in elections.
Before you consider starting a recall election, be aware that a director cannot be recalled if either (1) the director has served for less than 6 months on the board or (2) the director has less than 6 months remining in his/her term on the board.
Overview of the recall election process:
- Eligible Electors must form a "Recall Committee" comprised of three to five individuals who are Eligible Electors of the metro district.
- Eligible Electors must file a "Notice of Recall" [see Exhibit A] with the clerk of the district court in which the metro district's boundaries are located.
- Per CRS 32-1-909(2), the district court judge must appoint within five business days a designated election official (DEO) to perform all duties related to managing the recall election process.
- No more than three business days after the DEO is appointed by district court, the DEO must review and approve or disapprove of the form of each petition (one for each director to be recalled) [see Exhibit B] submitted by the Recall Committee. (The Recall Committee can address the DEO's comments on disapproved petitions and re-submit the petitions to the DEO for review and approval.)
- After the DEO approves the form of each petition to be used for each director subject to the recall process, the Recall Committee has 60 calendar days to gather signatures from the lesser of (a) 300 Eligible Electors or (b) 40% of all Eligible Electors of the metro district and submit the signed petitions to the DEO for review.
- To improve the efficiency of gathering signatures only from Eligible Electors, the Recall Committee should consider contacting the County Clerk & Recorder's Office and requesting a list of all registered voters living within the district. The Recall Committee should consider focusing their time on contacting those residents who appear on the County's registered voter list.
- Although not required, the Recall Committee should consider reconciling all petition signatures to the registered voter list obtained form the County prior to submitting the petition forms to the DEO for review. In addition, the Recall Committee should consider gathering 5% to 10% more than the miniumum number of petition signatures needed to achieve the 40% threshold. For example, if 200 signatures from Eligible Electors is needed to achieve the 40% threshold, the Recall Committee should consider gathering 210 to 220 petition signatures from Eligible Electors. There are too many unforseen situations that could occur causing the petitions submitted to the DEO to not achieve the minimum 40% signature threshold. (A signor could have moved out of the neighborhood. 10 new Eligible Electors could have moved into the neighborhood during the 60-day petition drive. etc, etc)
- After the DEO reviews the petitions, determines the petitions are valid and a minimum of 40% of the Eligible Electors signed the recall petitions, the DEO notifies the district board that the district must meet within 30 calendar days and initiate a recall election.
- At the district board meeting, the district board must pass a resolution calling for the recall election, identifying a DEO to run the election and establishing the election day to occur between 75 and 90 days from the baord meeting date. The recall election ballot will identify each director subject to the recall and ask the Eligible Electors of the district whether each distrctor should be recalled from office. The recall election ballot will also contain a list of district residents and property owners who are running to fill the vacancies created on the board if the recall of the current directors is approved by the voters.
- All Eligible Electors of the district who are interested in running to be a director on the board should submit self-nomination forms to the DEO appointed to run the recall election. Self nomination forms must be submitted no later than 67 days before the date of the election.
Template Resources for Recall Committees:
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Exhibit A |
Notice of Recall (Template) |
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Exhibit B |
Recall Petition (Template) |
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