First Regular Session
Sixty-first General Assembly
LLS NO. 970207.01 GWF
HOUSE BILL 971149
STATE OF COLORADO
BY REPRESENTATIVE Veiga
TRANSPORTATION & ENERGY
A BILL FOR AN ACT
CONCERNING PARTISAN ELECTIONS FOR MEMBERS OF THE
BOARD OF DIRECTORS OF THE REGIONAL TRANSPORTATION DISTRICT.
Bill Summary
(Note: This summary applies to this bill as introduced
and does not necessarily reflect any amendments which may be subsequently
adopted.)
Provides that board members of the regional transportation district be elected on a partisan basis.
Makes conforming amendments.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. 14204, Colorado Revised Statutes, 1980 Repl. Vol., as amended, is amended to read:
14204. State and district officers. At the general election in 1982 and every fourth year thereafter, the following state officers shall be elected: One governor, one lieutenant governor, one secretary of state, one state treasurer, and one attorney general. The lieutenant governor shall be elected jointly with the governor. At every general election, the number of members of the state house of representatives to which each representative district is entitled shall be elected in that district. Candidates for the offices of regents of the university of Colorado, state senators, members of the state board of education, MEMBERS OF THE BOARD OF DIRECTORS OF THE REGIONAL TRANSPORTATION DISTRICT, and district attorneys shall be voted on at the general election immediately prior to the expiration of the regular terms for those offices.
SECTION 2. 14502 (1), Colorado Revised Statutes, 1980 Repl. Vol., as amended, is amended to read:
14502. Methods of nomination for partisan candidates. (1) 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, MEMBER OF THE REGIONAL TRANSPORTATION DISTRICT BOARD, district attorney, and all county officers to be elected at the general election may be made either by primary election or by petition for nomination of an unaffiliated candidate as provided in section 14802.
SECTION 3. 14602 (2) and (6), Colorado Revised Statutes, 1980 Repl. Vol., as amended, are amended to read:
14602. Delegates to party
assemblies. (2) (a) In
each state senatorial, and
representative, AND REGIONAL TRANSPORTATION district comprised
of a portion of one county only, persons elected at precinct caucuses
as delegates to the county assemblies shall serve also as delegates
to the senatorial, and
representative, AND REGIONAL TRANSPORTATION district assemblies.
(b) In each state senatorial, and
representative, AND REGIONAL TRANSPORTATION district comprised
of one or more whole counties and a portion of one or more counties
or comprised of portions of two or more counties, the number of
delegates to the senatorial, and
representative, AND REGIONAL TRANSPORTATION district assemblies
shall be apportioned among the counties by the party's senatorial,
or representative,
OR REGIONAL TRANSPORTATION DISTRICT central committee according
to the vote in the county or portion of a county for that party's
candidate for governor or president in the last general election,
pursuant to the state party central committee's bylaws or rules.
(6) In each state senatorial, and
representative, AND REGIONAL TRANSPORTATION district comprised
of all or parts of more than one county, persons elected at precinct
caucuses as delegates to the county assemblies from precincts
within the senatorial, or
representative, AND REGIONAL TRANSPORTATION district shall also
serve as delegates to the senatorial, and
representative, AND REGIONAL TRANSPORTATION district assemblies
if the senatorial, or
representative, AND REGIONAL TRANSPORTATION district central committee,
by resolution adopted prior to the holding of the precinct caucuses
in the year for which the resolution is to be effective, chooses
to have the delegates to its district assembly in that year elected
as provided in this subsection (6); except that selection of delegates
under this subsection (6) shall be in conformance with the procedure
established in the state party central committee's bylaws or rules.
As a part of the resolution, the senatorial, or
representative, OR REGIONAL TRANSPORTATION DISTRICT central committee
may determine the total number of delegate votes to be cast at
the senatorial, or
representative, OR REGIONAL TRANSPORTATION district assembly,
apportion them by county among the portions of the district which
lie in separate counties upon an equitable basis determined by
party bylaws or rules, and, upon the basis of the apportionment,
determine the factor necessary to apportion equally among the
delegates from the precincts within the district in each county
the total votes to be cast by delegates from the portion of the
district lying within that county.
SECTION 4. 14801 (2) (b), Colorado Revised Statutes, 1980 Repl. Vol., as amended, is amended to read:
14801. Designation of party candidates by petition. (2) The signature requirements for the petition are as follows:
(b) Every petition in the case of a candidate for member of the general assembly, REGIONAL TRANSPORTATION DISTRICT BOARD, district attorney, or any district office greater than a county office shall be signed by eligible electors resident within the district for which the officer is to be elected. The petition shall require the lesser of one thousand signers or signers equal to thirty percent of the votes cast in the district at the primary election for the political party's candidate for the office for which the petition is being circulated, or if there was no primary election, at the last preceding general election for which there was a candidate for the office.
SECTION 5. The introductory portion to 14802 (1) (c), Colorado Revised Statutes, 1980 Repl. Vol., as amended, is amended, and the said 14802 (1) (c) is further amended BY THE ADDITION OF THE ADDITION OF A NEW SUBPARAGRAPH, to read:
14802. Petitions for nominating unaffiliated candidates for a partisan office. (1) Candidates for public offices to be filled at a general or congressional vacancy election who do not wish to affiliate with a political party may be nominated, other than by a primary election or a convention, in the following manner:
(c) Every petition for the office of president and vice president, for statewide office, for congressional district office, for the office of member of the general assembly, FOR THE OFFICE OF MEMBER OF THE BOARD OF THE REGIONAL TRANSPORTATION DISTRICT, for district attorney, and for county office shall be signed by eligible electors residing within the district or political subdivision in which the officer is to be elected. The number of signatures of eligible electors on a petition shall be as follows:
(V.5) THE LESSER OF SIX HUNDRED OR TWO PERCENT OF THE VOTES CAST IN THE REGIONAL TRANSPORTATION DISTRICT IN THE MOST RECENT GENERAL ELECTION FOR THE OFFICE OF MEMBER OF THE BOARD OF THE REGIONAL TRANSPORTATION DISTRICT;
SECTION 6. 110103 (2), Colorado Revised Statutes, 1980 Repl. Vol., as amended, is amended to read:
110103. Survey of returns by secretary of state. (2) On the sixteenth day after any general or congressional vacancy election, the secretary of state shall survey the returns of votes cast for the following: Presidential electors, United States senators, representatives in congress, governor and lieutenant governor, secretary of state, state treasurer, attorney general, regents of the university of Colorado, members of the state board of education, MEMBERS OF THE REGIONAL TRANSPORTATION DISTRICT BOARD, state senators, state representatives, and district attorneys.
SECTION 7. 111101 (2), Colorado Revised Statutes, 1980 Repl. Vol., as amended, is amended to read:
111101. Tie votes at partisan elections. (2) If at any general or congressional vacancy election any two or more persons tie for the highest number of votes for presidential electors, for United States senator, for representative in congress, for regent of the university of Colorado, for member of the state board of education, FOR MEMBER OF THE REGIONAL TRANSPORTATION DISTRICT BOARD, for state senator or state representative, or for district attorney, the secretary of state shall proceed to determine by lot which of the candidates shall be declared elected. Reasonable notice shall be given to the candidates of the time when the election will be determined.
SECTION 8. 111205 (1), Colorado Revised Statutes, 1980 Repl. Vol., as amended, is amended to read:
111205. Contests for state officers. (1) Proceedings to contest the election of any person declared elected governor, lieutenant governor, secretary of state, state treasurer, attorney general, member of the state board of education, MEMBER OF THE REGIONAL TRANSPORTATION DISTRICT BOARD, or regent of the university of Colorado may be commenced by filing with the secretary of the senate, between the sixth and tenth legislative days of the first session of the general assembly after the day of the election, a notice of intention to contest the election, specifying the particular grounds on which the contestor means to rely. The contestor shall file with the secretary of the senate a bond, with sureties, running to the contestee and conditioned to pay all costs in case of failure to maintain the contest. The secretary of the senate shall determine the sufficiency of the bond, and, if it is sufficient, approve it. SECTION 9. 145105 (2) (a), Colorado Revised Statutes, 1980 Repl. Vol., as amended, is amended to read:
145105. Candidate affidavit disclosure statement. (2) (a) Except as provided in paragraph (b) of this subsection (2), not later than ten days after filing the affidavit required by subsection (1) of this section, each candidate for the general assembly, governor, lieutenant governor, secretary of state, attorney general, state treasurer, state board of education, regents of the university of Colorado, BOARD OF THE REGIONAL TRANSPORTATION DISTRICT, the Colorado court of appeals, the supreme court of Colorado, and district attorney shall file with the appropriate officer a statement disclosing the information required by section 246202 (2), C.R.S., in such a form as prescribed by the secretary of state. Failure of any person to file a disclosure statement as required by this subsection (2) shall result in the disqualification of such person as a candidate for the office for which the candidate has filed and has failed to file the financial disclosure statement described in this paragraph (a).
SECTION 10. 246202 (1), Colorado Revised Statutes, 1988 Repl. Vol., is amended BY THE ADDITION OF A NEW PARAGRAPH to read:
246202. Disclosure contents filing false or incomplete filing penalty. (1) Not more than thirty days after their election, reelection, appointment, or retention in office, written disclosure, in such form as the secretary of state shall prescribe, stating the interests named in subsection (2) of this section shall be made to and filed with the secretary of state of Colorado by:
(i) EACH MEMBER OF THE BOARD OF THE REGIONAL TRANSPORTATION DISTRICT.
SECTION 11. 329111 (5) (a), Colorado Revised Statutes, as amended, is amended to read:
329111. Election of directors
dates terms. (5) (a) Except
as provided in this subsection (5), nominations for an election
of directors shall be made in accordance with the general election
laws of the state. Nominations for directors shall be made BY
POLITICAL PARTY ASSEMBLIES AS PROVIDED IN PARTS 5 AND 6 OF ARTICLE
4 OF TITLE 1, C.R.S., OR by petition in the manner provided for
independent candidates pursuant to
section 14802 and part
IN PARTS 8 AND 9 of article 4 of title 1, C.R.S. Petitions shall
be filed in the office of the secretary of state not less than
sixty days before the election required pursuant to subsection
(3) of this section. The petitions shall be signed by at least
two hundred fifty eligible electors residing within the director
district in which the officer is to be elected.
SECTION 12. 329151 (2), Colorado Revised Statutes, as amended, is amended to read:
329151. Conduct and costs
of elections. (2) The district
shall reimburse each affected county for all true and actual costs
of conducting a district election pursuant to sections
SECTION 15505, and 15506,
C.R.S.
SECTION 13. 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.