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What are regular special district elections?
Regular special district elections are elections held for the purpose of electing eligible electors to the Board of Directors of the special district. The election is required for all special districts without exception.
A regular election may include the submission of questions to the eligible electors of the special district, including any ballot issue required under TABOR.
A cancelled election counts as having conducted an election; the directors are elected by acclamation.
When are regular elections?
Elections are held biennially, on the first Tuesday after the first Monday in May of odd-numbered years.
C.R.S. Section 1-13.5-111(1)
Special Election Dates:
All elections (unless court ordered) occur on the First Tuesday after the first Monday
Special elections may occur in February, May (even years), October, November, and December.
An election question may be asked at any election.
An election issue (TABOR/$$$-related) may only be asked at a November or regular election.
How many directors do special districts have?
At the time of organization, special districts choose to have either 5 directors or 7 directors. The vast majority have 5 directors.
C.R.S. Section 32-1-305, 305.5
Do special district directors serve staggered terms?
Yes. Once organized, director terms are immediately staggered and remain so.
- 2 directors serve until the next regular election after organization
- 3 directors serve until the 2nd regular election after organization
- From then on, these will always alternate each regular election cycle: 2 directors’ terms will expire and the director position will be up for election, then 3, then 2, then 3, for eternity
For special districts with seven (7) Board members, it is the same except 3 directors or 4 directors alternating each regular election cycle for full terms.
C.R.S. Section 32-1-305.5
May a director choose to serve a 2-year term at any election?
No. A 2-year term only occurs when a vacancy exists on the special district Board for a term of office that would not otherwise expire until after the next regular election and a director is appointed to fill the vacancy.
Appointees only serve until the next regular election, at which time the term of office to be filled would be a partial term (2 years) until the following regular election at which the term would otherwise expire, so that the staggering of terms is not interrupted.
Note that in 2022 a 1-year term may have been available in this circumstance.
C.R.S. Section 32-1-902(2)(a)
Can a district increase directors from 5 to 7?
Yes. There are two ways this may happen. One is during the consolidation process. The other is much simpler but irreversible: A board may increase from 5 directors to 7 via resolution, provided the service plan-approving authority (county or municipality) does not consider the change a material modification to the service plan. A court order makes it official.
Subsequently, one director is added at each of the next two elections. But your district better be VERY sure it wants to do this because…
C.R.S. Section 32-1-602(2)(a), 32-1-902.5(1-2)
Can a district go from 7 to 5 directors?
No. Not outside the consolidation process. In fact, it is specifically stated that districts using the resolution/court order route (described above) cannot then go from seven directors to five.
C.R.S. Section 32-1-902.5(3)
What is the term of office for a special district Board member?
The basic term of office is four years.
C.R.S. Section 32-1-305.5(3); 32-1-905(2)(a)
How are vacancies filled by the remaining Board of directors, and how long is their term?
Appointment of new directors is at the discretion of the Board[1]. There are not any requirements for additional notice, vetting, etc., just that they are an eligible elector[2], but some districts choose to include additional steps in their bylaws. There is a provision for the service plan approving authority (i.e., BOCC) to appoint directors after providing notice, but this is rarely exercised.
Any vacancy on the board shall be filled by appointment by the remaining director or directors, the appointee to serve until the next regular election, at which time, the vacancy shall be filled by election for any remaining unexpired portion of the term.
C.R.S. Section 32-1-905(2)(a)
SD-1 (Oath), SD-2 (Notice of Appointment)
Do term limits apply to special districts?
Yes, term limits apply to special district Board members. Board members may not serve more than two consecutive full terms unless voters have removed them. (“Full” is used because directors elected in 2020 and 2022 will serve 3-year terms; these too are considered full terms). In addition, there must be a four year[3] gap before a term limited elected Board member may run for election for a full term.
The voters of any political subdivision may lengthen, shorten or eliminate the limitations on terms of office imposed by Article XVIII, Section 11 of the Constitution of Colorado.
Notably, the vast majority of metropolitan districts have voted to remove term limits while only about half of non-metropolitan (fire, water, etc.) special districts have done so, according to DLG records.
Does time served as an appointee to the Board count towards term limits?
No.
Term limits only apply to full terms, not partial terms. If a director is appointed to fill a vacancy, the period served does not count towards the director’s term limits.
Attorney General Opinion No. 2000-02
However, a director who resigns from office before the completion of the second full term (or any term) will be deemed to have served a complete term.
Attorney General Opinion No. 2005-04
Can a person be a candidate for more than one special district simultaneously?
Yes.
A special district candidate or director is not prohibited from serving on multiple special district boards, even if they are candidates or elected officials of other types of political subdivisions; as long as they are an eligible elector.