Modifying or Eliminating School Board Term Limits FAQ

The Colorado Constitution imposes a general limitation of “two consecutive terms in office” for school board members and other officials whose terms are more than two years in duration; however, the Constitution also gives voters an opportunity to lengthen, shorten, or eliminate term limits. The following are some of the most commonly asked questions about modifying or eliminating term limits. This FAQ is a resource for informational purposes only and does not constitute legal advice. Specific questions should be referred to the school district’s own legal counsel. Visit CASB's Elections webpage for additional resources.

Q1: Where can I find the law on term limits?

A: Term limits for local elected officials, including school board members, were adopted in 1994 pursuant to Amendment 17. The relevant provisions of Colo. Const. Art XVIII, § 11 provide:

1. In order to broaden the opportunities for public service and to assure that elected officials of governments are responsive to the citizens of those governments, no non-judicial elected official of any county, city and county, city, town, school district, service authority, or any other political subdivision of the state of Colorado, no member of the state board of education, and no elected member of the governing board of a state institution of higher education shall serve more than two consecutive terms in office, except that with respect to terms of office which are two years or shorter in duration, no such elected official shall serve more than three consecutive terms in office. This limitation shall apply to terms of office beginning on or after January 1, 1995. For purposes of this Section 11, terms are considered consecutive unless they are at least four years apart.
   
   
2. The voters of any such political subdivision may lengthen, shorten or eliminate the limitations on terms of office imposed by this Section 11.

A: A school district may place a question on the ballot to modify or eliminate board member term limits during:

1. the regular biennial school election (November of odd-numbered years);
2. the general election (November of even-numbered years); or
3. an election called for that purpose at any other time during the year (special election).[1]

Q5: What is the process to modify or eliminate term limits?

A: State law does not prescribe the procedures a school district must follow to modify or eliminate term limits. However, when a school district refers questions to electors, the procedures for municipal initiatives govern.[2] The school district should consult with the county clerk of the county in which the district’s administrative office is located to discuss the applicability of municipal initiative procedures to the district’s ballot question on term limits.[3]

Given sweeping changes to state election laws that mandate the use of mail ballots, the Colorado Secretary of State’s office has taken the position that any school board election to modify or eliminate board member term limits must be coordinated by the county clerk.[4]

Q6: What is the timeline for a ballot question to be included in a regular biennial school election or in a general election?

A: Here are a few of the deadlines:

•  The school district must enter into an agreement with the county clerk and recorder for the election no later than 70 days prior to the scheduled election.[5]
  
  
• No later than 60 days before the election, the school district’s designated election official must certify the order of the ballot and ballot content (including the wording of the ballot questions) and adhere to the other certification requirements outlined in C.R.S. 1-5-203(3). 
  
  
• The district’s designated election official or the coordinated election official must publish notice of the election no later than 20 days before the election.[6] Publication of an election notice by the county clerk satisfies this requirement.[7] Sample ballots may be used as notices if they contain all of the required information in C.R.S. 1-5-205.

View our 2023 TABOR Timeline for the deadlines for this year's general election on November 7, 2023.

Q7: What is the timeline for a ballot question to be included in a special election?

A: The timelines listed above also apply in special elections. If a special election is called on a date when other political subdivisions are also conducting an election and the electors or boundaries overlap, there may be an opportunity to conduct a coordinated election and save on election costs.

Additionally, the district must consider other issues when determining the date by which a special election will be held to modify or eliminate term limits. First, to hold a special election to modify or eliminate term limits before an upcoming regular biennial school board election, the school board should initiate the special election no later than the spring. The school district’s designated election official should certify the ballot content at the end of April and the election should then be held at the end of June. With this timeline, the special election results will be finalized prior to when candidates may begin circulating their candidate petitions (approximately the beginning of August).[8] Exact dates will vary depending on the date of the regular biennial school election. 

Q8: How should the ballot question be worded?

A: The Colorado Constitution does not dictate any particular wording for a ballot question to modify or eliminate term limits. However, the wording for any ballot question must include the “title,” a brief statement that fairly and accurately represents the true intent and meaning of the question, and the “submission clause” (i.e., the language attached to the title to form a question that can be answered by a “yes” or “no”). 

Q9: What are the costs associated with a ballot question to modify or eliminate term limits?

A: Costs will vary and are dependent upon the size of the eligible electorate in the school district and the agreement reached with the county clerk to conduct the election. 

Samples

• Sample Resolutions to Modify or Eliminate Board Term Limits (Word)
• Sample ballot questions (Word)

Updated February 2023 

[1] Colo. Const. Art. XVIII, § 11(2); C.R.S. §§ 1-1-104(46); 22-31-101(7); 22-31-103 and 22-31-104. 
[2] C.R.S. § 22-30-104(4).
[3] Id.
[4] C.R.S. §§ 1-7-116 and 22-31-103(1). 
[5] C.R.S. § 1-7-116(2). 
[6] C.R.S. § 1-5-205.
[7] C.R.S. § 1-5-205(1.4).
[8] C.R.S. § 22-31-107(2).