Colorado § 31-4-103 - Mayor - vacancy - appointment - mayor pro tem.

§ 31-4-103. Mayor - vacancy - appointment - mayor pro tem.

(1) Within thirty days of the mayor's death, disability, resignation, or other vacation of the mayor's office, the city council shall appoint a person possessed of all statutory qualifications or order a special election as soon as practicable to fill the vacancy until the term of office of a successor elected at the next regular election has commenced, as provided in section 31-4-105, and the city council may appoint a registered elector to act as mayor until the special election. The special election shall be conducted in accordance with the provisions of the "Colorado Municipal Election Code of 1965". If the council lacks a sufficient number of members in office to establish a quorum to choose a successor or order an election, the vacancy shall be filled in the manner provided by section 31-4-108 (3).

(2) The city council may appoint one of their own number acting mayor or mayor pro tem who is entitled to act as mayor in case the mayor is absent from the city or is for any reason temporarily unable to perform the duties of his office.

Source: L. 75: Entire title R&RE, p. 1024, § 1, effective July 1. L. 79: (1) amended, p. 1172, § 3, effective July 1. L. 81: (2) amended, p. 1494, § 4, effective May 28. L. 2023: (1) amended, (HB 23-1185), ch. 87, p. 307, § 1, effective August 7.

Editor's note: This section is similar to former §§ 31-5-103 and 31-5-106 as they existed prior to 1975. For a detailed comparison, see the comparative tables located in the back of the index.

Cross references: For the "Colorado Municipal Election Code of 1965", see article 10 of this title.

ANNOTATION

Annotator's note. Since § 31-4-103 is similar to former § 31-5-103 prior to the 1975 repeal and reenactment of this title, and laws antecedent thereto, relevant cases construing those provisions have been included in the annotations to this section.

A tie vote between candidates for the office of mayor did not create a vacancy in such office as to permit the city council to fill the vacancy under this section. People ex rel. Dick v. Mosco, 114 Colo. 464, 167 P.2d 949 (1946).

Lack of funds does not preclude special election. Where a vacancy occurs in the office of mayor of a city, the fact that the last annual appropriation for election expenses was exhausted by the general election which followed it is no valid reason for the city council refusing to order a special election to fill the vacancy. Rizer v. People, 18 Colo. App. 40, 69 P. 315 (1902).

Mandamus lies. Under this section it is the duty of the city council to order such special election at its first regular session after a vacancy occurs, and in case of a failure or refusal to do so mandamus will lie to compel them to order such election. Rizer v. People, 18 Colo. App. 40, 69 P. 315 (1902).