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1971 Colorado Attorney General Reports and Opinions 1 (1971)

handle is hein.sag/sagco0005 and id is 1 raw text is: 71-4541 DEPARTMENT OF LAW DUKE W. DUNBAR oFcCE OF THE ArrORNEY GENERAL JOHN P. MOORE ATTORNEY GENERAL 104 STATE CAPITOL DEPUTY ATTORNEY GENERAL DENVER, COLORADO 80203 January 5, 1971 Mr. Frank Safranek. Lincoln County Attorney Limon, Colorado 80828 Dear Mr. Safranek: This is in response to your letter seeking my advice on a problem growing out of a proposed redistricting of county commissioner districts in Lincoln County. I understand that you are concerned whether an incumbent county commissioner would be dispossessed of his office in the event two incumbent commissioners would be resi- dents of the same district following the adoption of new district boundaries. In the first instance, I would note that the State Constitution states that an official. once elected, shall hold his office until his successor is duly qualified, or unless removed according to law. (Article XII Section 1) Secondarily, I do not believe that the changing of boundary lines would result in the creation of a vacancy. According to the statute, 35-3-6., CRS 1963, a vacancy in the office of county commissioner arises when a commissioner, during his term of office, shall remove without the district in which he resided when elected,. In my opinion this presupposes a move by the commissioner from the district, and not a change in the district boundaries. In addition, I find the following quote from 20 C.J.S., Counties, §70 page 840, Quite persuasive: While a change of boundary lines of commissioner districts, or a redistricting, does not deprive a county commissioner of the right to hold cffice for the rest of his ter-m, although by reason of the change his resi- dence is without the district from which he was elected, provided it is still within the county, still he does not, by becoming a resident of another dist:rict. 0 come entitled to succeed the official in that district after the expiration of his term.

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