First Regular Session
Sixty-first General Assembly
LLS NO. 970290.01 JY
HOUSE BILL 971118
STATE OF COLORADO
BY REPRESENTATIVE Faatz;
also SENATOR Bishop.
STATE, VETERANS &
MILITARY AFFAIRS
A BILL FOR AN ACT
CONCERNING THE CHOICE OF VOTING FOR "NONE
OF THESE CANDIDATES"
INSTEAD OF A CANDIDATE FOR PUBLIC OFFICE.
Bill Summary
"Voting For 'None Of These Candidates'"
(Note: This summary applies to this bill as introduced
and does not necessarily reflect any amendments which may be subsequently
adopted.)
Requires a ballot in a general election to include
a line marked "None
of these candidates"
at the end of the list of candidates for each state, congressional,
or presidential office. Allows eligible electors to vote for "None
of these candidates"
instead of a candidate for such offices except on the question
of retention of justices or judges. Except under certain circumstances,
specifies that only votes cast for named candidates are counted
in determining the election. Requires the number of ballots on
which "None
of these candidates"
received the most votes to be listed in every posting, abstract,
or proclamation of election results. Specifies the circumstances
under which a person is ineligible to serve in a state office
even when receiving more votes than any other named candidate.
Specifies the manner in which a vacancy in the state office is
filled. Requires any sample ballot or instructions to explain
that electors may not choose "None
of these candidates"
if the elector has voted for a candidate.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Part 2 of article 4 of title 1, Colorado Revised Statutes, 1980 Repl. Vol., as amended, is amended BY THE ADDITION OF A NEW SECTION to read:
14207. Voting preference for "None of these candidates". (1) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE BALLOT FOR ANY GENERAL ELECTION, OTHER THAN AN ELECTION FOR RETENTION OF JUSTICES OR JUDGES, SHALL INCLUDE AT THE END OF THE LIST OF CANDIDATES FOR EACH OF THE FOLLOWING OFFICES A SEPARATE LINE EQUIVALENT TO THE LINES ON WHICH THE CANDIDATES' NAMES APPEAR THAT SHALL READ "NONE OF THESE CANDIDATES":
(a) ANY STATE OFFICE;
(b) OFFICE OF REPRESENTATIVE IN CONGRESS;
(c) OFFICE OF UNITED STATES SENATOR; OR
(d) OFFICES OF PRESIDENT AND VICE PRESIDENT OF THE UNITED STATES.
(2) ANY ELECTOR MAY VOTE FOR "NONE OF THESE CANDIDATES" IN THE SAME MANNER AS THE ELECTOR MAY VOTE FOR ANY CANDIDATE.
(3) EXCEPT AS PROVIDED IN SUBSECTION (4) OF THIS SECTION, ONLY THE VOTES CAST FOR THE NAMED CANDIDATES SHALL BE COUNTED IN DETERMINING THE ELECTION TO ANY STATE OFFICE OR OFFICE OF REPRESENTATIVE IN CONGRESS OR UNITED STATES SENATOR OR IN DETERMINING THE SELECTION OF PRESIDENTIAL ELECTORS, BUT FOR EACH OFFICE, THE NUMBER OF BALLOTS ON WHICH "NONE OF THESE CANDIDATES" RECEIVED THE MOST VOTES SHALL BE LISTED IN EVERY POSTING, ABSTRACT, OR PROCLAMATION OF RESULTS OF THE ELECTION.
(4) (a) IF A PERSON RECEIVES THE MOST VOTES AGAINST ANY OTHER NAMED CANDIDATE BUT FAILS TO RECEIVE MORE VOTES THAN "NONE OF THESE CANDIDATES" FOR ANY STATE OFFICE IN A GENERAL ELECTION, SUCH PERSON IS INELIGIBLE TO SERVE IN SUCH OFFICE IF:
(I) "NONE OF THESE CANDIDATES" RECEIVED THE MOST VOTES FOR SUCH OFFICE IN THE PRECEDING GENERAL ELECTION; AND
(II) SUCH PERSON WAS A CANDIDATE FOR SUCH OFFICE IN THE PRECEDING GENERAL ELECTION.
(b) IF A PERSON IS INELIGIBLE TO SERVE IN A STATE OFFICE PURSUANT TO THE PROVISIONS OF PARAGRAPH (a) OF THIS SUBSECTION (4),
THE VACANCY COMMITTEE, IF ANY, SPECIFIED IN SECTION 141002 THAT IS AFFILIATED WITH SUCH PERSON SHALL FILL THE VACANCY FOR SUCH OFFICE UNTIL THE NEXT GENERAL ELECTION. IF THERE IS NO VACANCY COMMITTEE THAT IS AFFILIATED WITH SUCH PERSON, A VACANCY COMMITTEE SHALL BE FORMED FOR THE PURPOSE OF FILLING THE VACANCY FOR SUCH OFFICE UNTIL THE NEXT GENERAL ELECTION. THE VACANCY COMMITTEE SHALL NOT APPOINT ANY PERSON WHO WAS A CANDIDATE AND WHO FAILED TO RECEIVE MORE VOTES THAN "NONE OF THESE CANDIDATES" IN BOTH THE MOST RECENT GENERAL ELECTION AND THE GENERAL ELECTION IMMEDIATELY PRECEDING THE MOST RECENT GENERAL ELECTION. NO PERSON IS ELIGIBLE FOR APPOINTMENT TO FILL SUCH VACANCY UNLESS THAT PERSON MEETS ALL REQUIREMENTS OF CANDIDACY AS OF THE DATE OF THE GENERAL ELECTION IMMEDIATELY PRECEDING SUCH APPOINTMENT.
(5) EVERY SAMPLE BALLOT OR OTHER INSTRUCTION TO ELECTORS PRESCRIBED OR APPROVED BY THE SECRETARY OF STATE SHALL CLEARLY EXPLAIN THAT THE ELECTOR MAY MARK A CHOICE OF "NONE OF THESE CANDIDATES" ONLY IF THE ELECTOR HAS NOT VOTED FOR ANY CANDIDATE FOR THE OFFICE.
SECTION 2. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.