Checklist to Cancel the Board Election

This is a checklist of the process to cancel the regular biennial school board election. CASB designed this checklist to help local boards and the school district’s designated election official (DEO) meet the requirements of state law and accomplish the task of canceling the school board election if the circumstances warrant cancellation. 

State law provides that if, on the close of business on the 63rd day before the election, so long as there are no ballot issues or ballot questions before the electors, if there are not more candidates than offices to be filled, including candidates filing affidavits to be write-ins, the designated election official (DEO) may cancel the election and declare the candidates elected if instructed by resolution of the governing body. C.R.S. 1-5-208(1.5). State law then requires the DEO to provide notice of the cancellation of the election. C.R.S. 1-5-208(6).

When an election is canceled, the candidates are considered “elected by acclamation.” State law requires candidates “elected by acclamation” to take office “at the next meeting following the date of the election, but no later than 30 days following the regular election.” C.R.S. 1-1-202. 

1. The DEO determines that circumstances exist to cancel the board election.
   
   

     There are not more candidates than offices to be filled, based upon the DEO’s verification of candidate petitions and receipt of any candidate write-in affidavits.
   

    The school district does not have any other ballot issues on the ballot (e.g. mill levy increase, bond issue, or a proposed change in the board’s plan of representation).

2. The board adopts a resolution canceling the election.
   
    The board holds a meeting to adopt a resolution canceling the election and declaring the candidates “elected by acclamation.”
   

   Note: Technically, the first date that the board may adopt the resolution to cancel the election is after the close of business on Tuesday, September 2, 2025. If that is not possible, the board may adopt a resolution prior to September 2, prospectively canceling the election if the circumstances warrant it. The board may also hold its meeting after September 2, but preferably no later than September 5, as September 5 is the deadline for certifying candidates’ names to the ballot.
   
   

3. The DEO provides notice that the board election is canceled.
   
    The DEO provides the county clerk with a copy of the board’s resolution.
   
    The DEO provides “notice by publication” of the cancellation of the election. “Notice by publication” means printing the notice one time in one newspaper of general circulation in the school district.
   
    A copy of the notice must also be posted at each polling location, in the DEO’s office, and in the office of the county clerk and recorder.
   
   

   Note: State law does not specify what must be included in the notice. It does not have to be complicated, just a statement that the board adopted a resolution to cancel the election because there were not any contested seats or any other ballot issues. Simply posting a copy of the board resolution canceling the election also meets this notice requirement. Hopefully, the county clerk will post the notice of cancellation at the polling places on the school district’s behalf.

    

4. The DEO provides the certificates of election to the candidates.
   
    These certificates should be provided to the candidates AFTER election day (Nov. 4) and BEFORE the next regular board meeting or the board’s organizational meeting (where they select officers), whichever comes first.

5. The candidates take the oath of office within 10 days of receiving the certificates of election.
   
    The oath of office may be administered at the board’s organizational meeting or at the board’s next regular meeting, so long as the meeting is within 10 days of the candidates’ receipt of the certificates of election.
   
   If a board meeting is not scheduled within 10 days of the candidates’ receipt of the certificates of election, the candidates must take the oath of office outside of a board meeting (i.e. before the board president, a judge, or other officer authorized to administer oaths, such as a notary public).
   

   Note: If a candidate fails to take the oath within the 10-day window, it creates a vacancy on the board. C.R.S. 22-31-129(1)(b).
   
   

6. The candidates take office at the board’s next meeting following the election.
   
    This meeting must occur within 30 days after the election, or by December 11, 2025.