Legal Opinion

No.

Colorado Attorney General Reports

Decided August 16, 2005Published

1Opinion of the Court

QUESTIONS PRESENTED AND CONCLUSIONS

1. Is a person an "elected official" under Colo. Const. art. XVIII, §11(1) if the person is declared elected after an election is cancelled?

Yes.

2. Is an "elected official" who is subject to the provisions of Colo. Const. art. XVIII, § 11 deemed to have completed a full term of office if the official resigns from office prior to the expiration of his term?

Yes.

DISCUSSION

1. In 1994, Colorado voters enacted term limits for local government officials. Colo. Const. art. XXVIII, § 11(1) states:

In order to broaden the opportunities for public service and to assure…

2Cases cited11 opinions

  1. Davidson v. SandstromSupreme Court of Colorado · 2004
  2. Denish v. JohnsonNew Mexico Supreme Court · 1996
  3. State Ex Rel. Racicot v. District Court of the First Judicial DistrictMontana Supreme Court · 1990
  4. Odell v. RihnCalifornia Court of Appeal · 1912
  5. People ex rel. Callaway v. De GuelleSupreme Court of Colorado · 1909

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