No. 05-04 - AG Alpha No. ST EL AGBBK - August 16, 2005

Various special districts formed pursuant to title 32 of the Colorado Revised Statues hold elections in which candidates oftentimes run unopposed for the office of director of their respective boards. Special districts are subject to term limits set forth in Colo. Const. art. XVIII, § 11(1).

Questions have arisen concerning the applicability of term limits to persons who are declared elected after an election is cancelled because no challengers are running. This Opinion is issued to provide guidance concerning the application of term limits to special district candidates who are declared elected after the election is cancelled. The Opinion also analyzes the effect of Colo. Const. art. XVIII, § 11(1) upon elected officials of special districts who resign from their offices prior to the expiration of their terms.

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