Colorado § 31-4-504.5 - Incumbent not recalled - reimbursement.

§ 31-4-504.5. Incumbent not recalled - reimbursement.

(1) If at any recall election the incumbent whose recall is sought is not recalled, or in the event of a protest, the hearing officer determines that the petitions are not sufficient based upon the conduct on the part of petition circulators, the municipality may repay the incumbent for any money actually expended as expenses of such election when such expenses are authorized by this section.

(2) (a) Authorized expenses shall include, but are not limited to, moneys spent in challenging the sufficiency of the recall petition and in presenting to the voters the official position of the incumbent, to include campaign literature and advertising and the maintaining of a campaign headquarters.

(b) Unauthorized expenses shall include, but are not limited to, moneys spent on challenges and court actions not pertaining to the sufficiency of the recall petition; personal expenses for meals, lodging, and mileage for the incumbent; costs of maintaining a campaign staff; reimbursement for expenses incurred by a campaign committee which has solicited contributions; reimbursement of any kind for employees in the incumbent's office; and all expenses incurred prior to the filing of the recall petition.

(3) The incumbent shall file a complete and detailed request for reimbursement with the governing body of the municipality holding the recall election or protest hearing, which shall then review the reimbursement request for appropriateness under subsection (2) of this section, and, in the event the municipality has determined by ordinance to repay such expenses, such municipality shall repay such expenses within forty-five days of receipt of the request.

(4) (Deleted by amendment, L. 91, p. 754, § 22, effective April 4, 1991.)

Source: L. 75: Entire title R&RE, p. 1175, § 1, effective July 1. L. 84: (3) amended, p. 837, § 1, effective July 1. L. 91: (1), (3), and (4) amended, p. 754, § 22, effective April 4.

ANNOTATION

Financial limitation on reimbursement unconstitutional. Statute which places a ten cent per voter limitation on reimbursement of expenses to an incumbent who prevails in a recall election violates § 4 of article XXI, Colo. Const. Passarelli v. Schoettler, 742 P.2d 867 (Colo. 1987) (decided prior to deletion of subsection (4) in 1991).