First Regular Session Seventieth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 15-0472.01 Bob Lackner x4350 HOUSE BILL 15-1354 HOUSE SPONSORSHIP Moreno, SENATE SPONSORSHIP (None), House Committees Senate Committees State, Veterans, & Military Affairs A BILL FOR AN ACT Concerning the selection of general election candidates by means of primary elections, and, in connection therewith, allowing eligible unaffiliated electors to vote in a political party's primary election without affiliating with that party and permitting the sole candidate of a major political party in a primary election to be declared the sole candidate of that political party in the general election in lieu of a holding a primary election. Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://www.leg.state.co.us/billsummaries.) Section 1 of the bill clarifies that, in connection with the other changes made by the bill, an unaffiliated eligible elector may, but is not required to, declare a political party affiliation when the elector desires to vote at a primary election. Section 2 of the bill requires that all political parties that are entitled to participate in the primary election must have their candidates placed on a single combined ballot to be used by unaffiliated electors that contains the names of the candidates of each of the political parties. The bill further requires that, on the ballots for use by unaffiliated electors, the names of the candidates of each political party must be clearly and conspicuously segregated from the names of the candidates of any other political party, and all candidates of a political party must be grouped together and separated by the office each candidate is seeking. Sections 3 and 4 of the bill permit a political party to change from the nomination of candidates by primary election to the nomination of candidates by convention for all offices. Section 5 of the bill allows a minor political party to prohibit unaffiliated electors from voting in the party's primary election as long as the prohibition reflects the party's constitution, bylaws, or other applicable rules. The minor political party is required to notify the secretary of state of the prohibition in advance of the primary election. Section 6 of the bill requires the clerk and recorder to prepare a combined primary election ballot to be used by unaffiliated electors. The bill contains additional requirements pertaining to the printing of the ballots. Section 7 of the bill permits an eligible unaffiliated elector to vote in the primary election of a major political party without affiliating with that political party. To vote in a political party's primary without declaring an affiliation with the political party, the eligible unaffiliated elector is required to declare to the election judges the name of the political party in whose primary election the elector wishes to vote. Thereupon, the election judges must deliver the appropriate party ballot to the eligible elector. Under this section of the bill, any eligible unaffiliated elector may also openly declare to the election judges the name of the political party with which the elector wishes to affiliate, complete the approved form for voter registration information changes, and initial the registration list in the space provided. An eligible elector must separately execute the necessary documentation in such manner that the elector clearly acknowledges that the affiliation has been properly recorded. Thereupon, the election judges are required to deliver the appropriate party ballot to the eligible elector. Section 8 of the bill requires that the notice mailed to voters in advance of a mail ballot primary election advise eligible electors who are not affiliated with a political party of their ability to vote in the primary election of any one political party. Section 9 of the bill pertains to an application for an absentee ballot for a primary election. If the applicant is unaffiliated, the application must either name the political party with which the applicant wishes to affiliate or must state that the applicant wishes to remain unaffiliated and receive an unaffiliated primary election ballot. Section 10 of the bill permits any unaffiliated elector at a primary election to cast a regular party ballot upon requesting such ballot from an election judge. If, at the close of business on the 60th day before the primary election, there is not more than one candidate affiliated with a particular major political party for each of the offices on the primary election ballot of such party, section 11 of the bill requires the designated election official to declare the sole candidate for each office, or his or her successor if a candidate has been designated to fill a vacancy, the party nominee for that office at the general election. For purposes of other applicable law, the nominee is deemed a candidate in and the winner of the primary election. The bill requires the name of each such nominee to be printed on the official ballot prepared for the ensuing general election. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, 1-2-218.5, amend (2) as follows: 1-2-218.5. Declaration of affiliation. (2) Any eligible elector who has not declared an affiliation with a political party or political organization shall must be designated on the registration records of the county clerk and recorder as "unaffiliated". Any unaffiliated eligible elector may, but is not required to, declare a political party affiliation when the elector desires to vote at a primary election, as provided in section 1-7-201 (2), or the elector may declare his or her political party or political organization affiliation at any other time during which electors are permitted to register by submitting a letter or a form furnished by the county clerk and recorder, either by mail or in person. SECTION 2. In Colorado Revised Statutes, 1-4-101, amend (2) as follows: 1-4-101. Primary elections - when - nominations - expenses. (2) Each political party that is entitled to participate in the primary election shall must have a separate party ballot for use by electors affiliated with that political party. In addition, all political parties that are entitled to participate in the primary election must have their candidates placed on a single combined ballot to be used by unaffiliated electors that contains the names of the candidates of each of the political parties. On the ballots for use by unaffiliated electors, the names of the candidates of each political party must be clearly and conspicuously segregated from the names of the candidates of any other political party, and all candidates of a political party must be grouped together and separated by the office each candidate is seeking. The primary election of all political parties shall must be held at the same time and shall must be conducted by the same election officials. SECTION 3. In Colorado Revised Statutes, add 1-4-702 as follows: 1-4-702. Nominations of candidates for general election by convention. (1) Notwithstanding any other provision of law, a political party may choose to change from the nomination of candidates by primary election to the nomination of candidates by convention for all offices including, but not limited to, United States senator, representative in congress, all elective state, district, and county officers, and members of the general assembly if there is a three-fourths vote of the total membership of the convention to use the convention nomination process; except that nominations by major political parties for candidates for lieutenant governor shall not be made by convention and must be made pursuant to section 1-4-502 (3). (2) A political party shall not nominate its candidates by party convention in accordance with this section for an election cycle in which the filing period for candidates has already commenced. (3) A political party nominating candidates by party convention shall nominate the candidates of the party and make such nominations public not later than sixty days before the primary election. (4) Nothing in this section requires a political party that has nominated candidates by convention in the previous election cycle to nominate its candidates by primary election in any given election cycle in order to continue using the convention method to nominate its candidates. SECTION 4. In Colorado Revised Statutes, 1-4-502, amend (1) as follows: 1-4-502. Methods of nomination for partisan candidates. (1) Except as otherwise provided in paragraphs (b) and (c) of subsection (3) of this section, nominations for United States senator, representative in congress, governor, lieutenant governor, secretary of state, state treasurer, attorney general, member of the state board of education, regent of the university of Colorado, member of the general assembly, district attorney, and all county officers to be elected at the general election may be made by primary election under section 1-4-101 or by convention under section 1-4-702, by major political parties, by petition for nomination as provided in section 1-4-802, or by a minor political party as provided in section 1-4-1304. SECTION 5. In Colorado Revised Statutes, 1-4-1304, amend (1.5) (c) as follows: 1-4-1304. Nomination of candidates. (1.5) (c) If an assembly designates more than one candidate for an office, or if an assembly designates one or more candidates and one or more candidates qualifies by petition, the candidate of the minor political party for that office shall must be nominated at a primary election held in accordance with this code. A minor political party may prohibit unaffiliated electors from voting in the party's primary election as long as the prohibition reflects the party's constitution, bylaws, or other applicable rules. Any minor party choosing to prohibit unaffiliated electors from voting in its primary election must notify the secretary of state of the prohibition not less than sixty days prior to the primary election. SECTION 6. In Colorado Revised Statutes, 1-5-402, add (2) as follows: 1-5-402. Primary election ballots. (2) No later than thirty-two days before the primary election, the county clerk and recorder shall prepare a combined primary election ballot to be used by unaffiliated electors. The ballots must be printed in the following manner: (a) All official ballots must be printed according to the provisions of sections 1-5-407 and 1-5-408; except that across the top of each ballot the words "Primary Election Ballot for Unaffiliated Voters" must be printed. (b) The positions on the ballots to be used by unaffiliated electors must be arranged in the order specified in paragraph (b) of subsection (1) of this section; except that the candidates of each political party must be clearly and conspicuously segregated from the candidates of any other political party and grouped together according to section 1-4-101 (2). SECTION 7. In Colorado Revised Statutes, 1-7-201, amend (2); and add (2.3) as follows: 1-7-201. Voting at primary election. (2) If the name is found on the registration list, the election judge having charge of the list shall likewise repeat the elector's name and present the elector with the party ballot of the political party affiliation last recorded. If unaffiliated, the eligible elector shall openly declare to the election judges the name of the political party with which the elector wishes to affiliate, complete the approved form for voter registration information changes, and initial the registration list in the space provided. Declaration of affiliation with a political party shall be separately dated and signed or dated and initialed by the eligible elector in such manner that the elector clearly acknowledges that the affiliation has been properly recorded. Thereupon, the election judges shall deliver the appropriate party ballot to the eligible elector. Eligible electors who decline to state an affiliation with a political party that is participating in the primary shall not be entitled to vote at the primary election. (2.3) An eligible unaffiliated elector is entitled to vote in the primary election of a major political party without affiliating with that political party. To vote in a political party's primary election without declaring an affiliation with the political party, any eligible unaffiliated elector shall declare to the election judges the name of the political party in whose primary election the elector wishes to vote. Thereupon, the election judges shall deliver the appropriate party ballot to the eligible elector. An eligible unaffiliated elector shall not vote in more than one political party's primary election during any one election year. In addition, any eligible unaffiliated elector may openly declare to the election judges the name of the political party with which the elector wishes to affiliate, complete the approved form for voter registration information changes, and initial the registration list in the space provided. An eligible elector must separately date and sign or date and initial a declaration of affiliation with a political party form in such manner that the elector clearly acknowledges that the affiliation has been properly recorded. Thereupon, the election judges shall deliver the appropriate party ballot to the eligible elector. SECTION 8. In Colorado Revised Statutes, 1-7.5-107, amend (2.5) (a) (II); and repeal (2.3) as follows: 1-7.5-107. Procedures for conducting mail ballot election - primary elections - first-time voters casting a mail ballot after having registered by mail to vote - in-person request for ballot - repeal. (2.3) (a) Not less than thirty days nor more than forty-five days before a primary election, the county clerk and recorder shall mail a notice by forwardable mail to each unaffiliated active registered eligible elector. (b) The notice shall indicate that the unaffiliated elector has the ability to and must affiliate with a political party in order to vote in the primary election. (c) The notice shall have a returnable portion that allows the elector to request affiliation with a political party. (d) The notice may be included with any other communication by mail from the county clerk and recorder to electors within the county. (2.5) (a) (II) For a primary mail ballot election, in addition to the items described in the notice required by subparagraph (I) of this paragraph (a), such notice shall must advise eligible electors who are not affiliated with a political party of the ability to declare an affiliation with a political party and vote in the primary election vote in the primary election of any political party. The notice must clearly and conspicuously advise electors that any primary ballot containing votes for a candidate of more than one political party shall not be counted. SECTION 9. In Colorado Revised Statutes, 1-7.5-116, amend (1) (b) as follows: 1-7.5-116. Applications for absentee ballot. (1) (b) If the application is made for a primary election ballot, the application shall must name the political party with which the applicant is affiliated or wishes to affiliate or, if the applicant is unaffiliated, the application must either name the political party with which the applicant wishes to affiliate or must state that the applicant wishes to remain unaffiliated and receive an unaffiliated primary election ballot. SECTION 10. In Colorado Revised Statutes, 1-8.5-101, amend (5) as follows: 1-8.5-101. Provisional ballot - entitlement to vote. (5) Any unaffiliated elector at a primary election may cast a regular party ballot upon requesting such ballot from an election judge in accordance with section 1-7-201 (2.3). Any unaffiliated elector at a primary election may also cast a regular party ballot upon openly declaring to the election judge the name of the political party with which the elector wishes to affiliate pursuant to section 1-2-218.5 or 1-7-201. Nothing in this section requires a minor political party to allow an unaffiliated elector to vote in the primary election of such political party. SECTION 11. In Colorado Revised Statutes, 1-4-104.5, amend (1) and (3) as follows: 1-4-104.5. Noncontested races for political party nomination of major political party - more than one candidate nominated for any office on primary election ballot of major political party - more than one candidate for nomination of minor political party. (1) If, at the close of business on the sixtieth day before the primary election, there is not more than one candidate for any political party who has been nominated in accordance with this article or who has filed a write-in candidate affidavit of intent pursuant to section 1-4-1101 for any office on the primary election ballot, the designated election official may cancel the primary election and declare each candidate the party nominee for that office at the general election. For purposes of other applicable law, such nominee shall be deemed a candidate in and the winner of the primary election. The name of each nominee shall be printed on the official ballot prepared for the ensuing general election Notwithstanding any other provision of law, if, at the close of business on the sixtieth day before the primary election, there is only one candidate affiliated with a particular major political party for each of the offices on the primary election ballot of such party, the designated election official shall declare the sole candidate for each office, or his or her successor if a candidate has been designated to fill a vacancy in a party designation in accordance with section 1-4-1002 (1) or (2), the party nominee for that office at the general election. For purposes of other applicable law, including without limitation, the provisions of article XXVIII of the state constitution or article 45 of this title, the nominee is deemed a candidate in and the winner of the primary election. The name of each such nominee must be printed on the official ballot prepared for the ensuing general election. In such case, not sooner than twenty-two days before the date of the primary election and no later than eighteen days before the date of the primary election, the designated election official shall mail to each active registered elector who is a resident of the county and is affiliated with the political party at the last mailing address appearing in the registration records a mailing informing the elector of the names of the candidates that have been declared the winner of the primary election. The mailing required by this subsection (1) must be separate from other mailings sent by the designated election official. (3) If, at the close of business on the sixtieth day before the primary election, there is not more than one candidate for each major political party who has been nominated in accordance with this article for any office on the primary election ballot and a minor political party has more than one candidate nominated for any such office, the primary election shall be conducted as provided in section 1-4-101 for the nomination of the minor political party candidate only. SECTION 12. Act subject to petition - effective date - applicability. (1) This act takes effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly (August 5, 2015, if adjournment sine die is on May 6, 2015); except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part will not take effect unless approved by the people at the general election to be held in November 2016 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor. (2) This act applies to any primary election conducted on or after the applicable effective date of this act.