Pueblo, CO asked in Constitutional Law for Colorado

Q: The Secretary of State's office told me it is "impossible" to recall a US Senator. Is this true?

I should have been more clear. The Sec o' State's rep said that it was not at all possible under Colorado's Laws & Constitution. That kind of "impossible". Not just hard/expensive. I am asking if I need to start a petition to change the CO Constitution just to be able to legally remove a Senator/Congressman.

Related Topics:
1 Lawyer Answer
Tristan Kenyon Schultz
Tristan Kenyon Schultz
Answered
  • Fort Collins, CO
  • Licensed in Colorado

A: Recall elections are highly technical matters. Only highly specialized attorneys have sufficient knowledge to assess a claim and provide guidance. As a result, you will need to contact an attorney with a specialty in election law directly. Be warned, this type of attorney does not come cheap.

The basic process is that you need to gain sufficient signatures (the amount varies based on the population for applicable voting district, but the numbers should range between 7,000-40,000 independent signatures). Next the signatures must be certified by the Sec. of State. If sufficient signatures are certified, a recall election will occur. Whoever wins the recall election (which can be the person who was originally recalled) then serves for the remainder of the elected term (meaning the winner will serve until the midterms). The whole process should cost a minimum of $1-2 million dollars (some attempts have cost more). I will let you decide if this is "impossible"...

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.