First Regular Session
Sixty-first General Assembly
LLS NO. 970333.01 JY
HOUSE BILL 971168
STATE OF COLORADO
BY REPRESENTATIVE Tupa.
REVISED
STATE, VETERANS &
MILITARY AFFAIRS
A BILL FOR AN ACT
CONCERNING THE NOMINATION OF CANDIDATES BY POLITICAL
PARTIES.
Bill Summary
(Note: This summary applies to this bill as introduced
and does not necessarily reflect any amendments which may be subsequently
adopted.)
Allows registered electors to form a minor political party by petition. Specifies the petition requirements. Requires minor political parties to adopt a constitution or set of bylaws containing certain information. Specifies the manner for filing the constitution or set of bylaws and any amendments thereto. Allows minor political parties to nominate candidates for presidential electors, representatives in congress, and certain state and county offices. Requires nominations to be made in accordance with the minor political party's constitution or set of bylaws. Specifies that minor political party nominees are to meet certain requirements.
Modifies the definition of Aminor political party@ to mean a political party, other than a major political party, that was either represented on the ballot at the last preceding general election and whose candidate for any statewide office received at least 2% of the total vote cast for such office or that submitted a valid petition requesting the recognition as a minor party.
Specifies that only major political parties may nominate
candidates in a primary election.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Article 4 of title 1, Colorado Revised Statutes, 1980 Repl. Vol., as amended, is amended BY THE ADDITION OF A NEW PART to read:
PART 13
MINOR POLITICAL PARTIES
141301. Formation of minor political party. (1) A MINOR POLITICAL PARTY SHALL ADOPT A CONSTITUTION OR SET OF BYLAWS TO GOVERN ITS ORGANIZATION AND THE CONDUCT OF ITS AFFAIRS AND TO EXERCISE THEREUNDER ANY POWER NOT INCONSISTENT WITH THE LAWS OF THIS STATE. THE CONSTITUTION OR SET OF BYLAWS SHALL BE FILED WITH THE SECRETARY OF STATE AS PROVIDED IN THIS PART 13. ANY MINOR POLITICAL PARTY FAILING TO FILE ITS CONSTITUTION OR SET OF BYLAWS PURSUANT TO THIS SECTION SHALL NOT BE QUALIFIED AS A MINOR POLITICAL PARTY. THE CONSTITUTION OR SET OF BYLAWS SHALL CONTAIN THE FOLLOWING:
(a) A METHOD OF NOMINATING CANDIDATES FOR THE PARTISAN OFFICES SPECIFIED IN SECTION 141304 (1);
(b) A METHOD FOR CALLING AND CONDUCTING CONVENTIONS;
(c) A METHOD FOR THE SELECTION OF DELEGATES TO CONVENTIONS;
(d) A METHOD FOR THE SELECTION OF STATE CENTRAL COMMITTEE MEMBERS, A CHAIRPERSON, AND OTHER PARTY OFFICERS;
(e) A METHOD FOR FILLING VACANCIES IN PARTY OFFICES;
(f) THE POWERS AND DUTIES OF PARTY OFFICERS;
(g) THE STRUCTURE OF THE STATE AND COUNTY PARTY ORGANIZATIONS, IF ANY;
(h) A STATEMENT THAT ANY MEETING TO ELECT PARTY OFFICERS, INCLUDING DELEGATES, SHALL BE OPEN TO PUBLIC OBSERVATION AND HELD AT A PUBLIC PLACE AT THE TIME SPECIFIED BY THE PARTY CHAIRPERSON AND THAT THE TIME AND PLACE OF SUCH MEETING SHALL BE PUBLISHED ONCE, FIFTEEN TO THIRTY DAYS PRIOR TO SUCH MEETING, IN A NEWSPAPER OF GENERAL CIRCULATION STATEWIDE OR IN EACH COUNTY WHEREIN THE MEMBERS OF THE MINOR POLITICAL PARTY RESIDE;
(i) A STATEMENT THAT THE PARTY CHAIRPERSON OR HIS OR HER DESIGNEE SHALL BE THE PERSON WHO SHALL COMMUNICATE ON BEHALF OF THE MINOR POLITICAL PARTY; AND;
(j) A METHOD FOR AMENDING THE CONSTITUTION OR SET OF BYLAWS.
(2) THE CHAIRPERSON OF THE PARTY SHALL SUBMIT ANY AMENDMENTS TO THE CONSTITUTION OR SET OF BYLAWS TO THE SECRETARY OF STATE WITHIN FIFTEEN DAYS AFTER THE AMENDMENTS ARE ADOPTED.
(3) THE NAME OF THE MINOR POLITICAL PARTY SHALL CONTAIN NO MORE THAN THREE WORDS. THE NAME OF THE MINOR POLITICAL PARTY SHALL NOT USE, IN WHOLE OR IN PART, THE NAME OF ANY EXISTING POLITICAL PARTY.
141302. Petition to allow minor political party to nominate candidates. (1) A PETITION TO ALLOW A MINOR POLITICAL PARTY TO NOMINATE CANDIDATES ACCORDING TO ITS CONSTITUTION OR SET OF BYLAWS SHALL BE SIGNED BY AT LEAST TEN THOUSAND REGISTERED ELECTORS AND SHALL BE SUBMITTED TO THE SECRETARY OF STATE NO LATER THAN MAY 1 OF THE ELECTION YEAR FOR WHICH THE MINOR POLITICAL PARTY SEEKS TO QUALIFY.
(2) (a) THE PETITION MAY CONSIST OF ONE OR MORE SHEETS, TO BE FASTENED TOGETHER IN THE FORM OF ONE PETITION, BUT EACH SHEET SHALL CONTAIN THE SAME HEADING AND THE SWORN AFFIDAVIT OF THE CIRCULATOR AS REQUIRED UNDER THE PROVISIONS OF THIS SECTION.
(b) THE SIGNATURES TO A PETITION NEED NOT ALL BE APPENDED TO ONE PAPER, BUT NO PETITION SHALL BE LEGAL THAT DOES NOT CONTAIN THE REQUISITE NUMBER OF NAMES OF ELIGIBLE ELECTORS AS SPECIFIED IN THIS SECTION.
(c) AT THE TOP OF EACH PAGE SHALL BE PRINTED IN BOLDFACED TYPE THE FOLLOWING:
WARNING:
IT IS AGAINST THE LAW:
FOR ANYONE TO SIGN THIS PETITION WITH ANY NAME OTHER THAN ONE'S OWN OR TO KNOWINGLY SIGN THE PETITION WHEN NOT A REGISTERED ELECTOR.
DO NOT SIGN THIS PETITION UNLESS YOU ARE AN ELIGIBLE ELECTOR. TO BE AN ELIGIBLE ELECTOR YOU MUST BE REGISTERED TO VOTE AND ELIGIBLE TO VOTE IN (NAME OF POLITICAL SUBDIVISION) ELECTIONS.
DO NOT SIGN THIS PETITION UNLESS YOU HAVE READ OR HAVE HAD READ TO YOU THE PROPOSED PETITION IN ITS ENTIRETY AND UNDERSTAND ITS MEANING.
(d) DIRECTLY FOLLOWING THE WARNING IN PARAGRAPH (c) OF THIS SUBSECTION (2) SHALL BE PRINTED IN BOLDFACED TYPE THE FOLLOWING HEADING:
PETITION TO ALLOW (NAME OF MINOR POLITICAL PARTY) TO NOMINATE CANDIDATES ACCORDING TO ITS CONSTITUTION OR SET OF BYLAWS.
(3) NO PETITION SHALL BE CIRCULATED UNTIL IT HAS BEEN APPROVED AS MEETING THE REQUIREMENTS OF SUBSECTION (2) OF THIS SECTION. THE SECRETARY OF STATE SHALL APPROVE OR DISAPPROVE A PETITION AS TO FORM BY THE CLOSE OF THE SECOND BUSINESS DAY FOLLOWING SUBMISSION OF THE PROPOSED PETITION. THE SECRETARY OF STATE SHALL MAIL WRITTEN NOTICE OF THE ACTION TAKEN TO THE PERSON WHO SUBMITTED THE PETITION ON THE DAY THE ACTION IS TAKEN.
(4) THE PETITION SHALL BE SUBJECT TO THE FOLLOWING PROVISIONS GOVERNING PETITIONS FOR CANDIDACY AND RECALL:
(a) THE SIGNATURE REQUIREMENTS IN SECTION 14904, EXCEPT 14904 (2);
(b) THE CIRCULATOR REQUIREMENTS IN SECTION 14905;
(c) THE VERIFICATION REQUIREMENTS IN SECTION 14908 (1); AND
(d) THE PROTEST PROVISIONS IN SECTIONS 14909 AND 14911.
(5) AFTER REVIEWING THE PETITION, THE SECRETARY OF STATE SHALL, WITHIN TWENTY-ONE DAYS, NOTIFY THE PERSON SUBMITTING THE PETITION OF THE NUMBER OF VALID SIGNATURES AND WHETHER THE PETITION APPEARS TO BE SUFFICIENT OR INSUFFICIENT. UPON DETERMINING THAT THE PETITION IS SUFFICIENT AND AFTER THE TIME FOR PROTEST HAS PASSED, THE SECRETARY OF STATE SHALL CERTIFY THAT THE MINOR POLITICAL PARTY BE ALLOWED TO NOMINATE CANDIDATES ACCORDING TO ITS CONSTITUTION OR SET OF BYLAWS.
141303. Qualifications to nominate by constitution or bylaws. (1) SUBJECT TO THE PROVISIONS OF SUBSECTION (2) OF THIS SECTION, A MINOR POLITICAL PARTY MAY NOMINATE CANDIDATES ACCORDING TO THE PROVISIONS OF ITS CONSTITUTION OR SET OF BYLAWS IF THE PARTY SATISFIES THE REQUIREMENTS OF SECTION 141302 OR ANY ONE OF THE FOLLOWING CONDITIONS:
(a) ANY OF ITS CANDIDATES FOR ANY OFFICE VOTED ON STATEWIDE IN EITHER OF THE LAST TWO PRECEDING GENERAL ELECTIONS RECEIVED AT LEAST FIVE PERCENT OF THE TOTAL VOTE CAST FOR SUCH OFFICE;
(b) ONE THOUSAND OR MORE REGISTERED ELECTORS ARE AFFILIATED WITH THE MINOR POLITICAL PARTY PRIOR TO JULY 1 OF THE ELECTION YEAR FOR WHICH THE MINOR POLITICAL PARTY SEEKS TO NOMINATE CANDIDATES; OR
(c) THE MINOR POLITICAL PARTY PLACED TEN OR MORE CANDIDATES FOR PARTISAN OFFICE ON THE BALLOT IN EITHER OF THE LAST TWO PRECEDING GENERAL ELECTIONS.
(2) A MINOR POLITICAL PARTY SHALL CEASE TO BE QUALIFIED AS A MINOR POLITICAL PARTY IF TWO SUCCESSIVE GENERAL ELECTIONS ARE HELD WITHOUT THE PARTY HAVING PLACED AT LEAST ONE OF ITS CANDIDATES ON THE BALLOT.
(3) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PREVENT A MINOR POLITICAL PARTY NOT MEETING THE CONDITIONS SET FORTH IN SUBSECTION (1) OF THIS SECTION FROM PLACING CANDIDATES ON THE BALLOT BY A PETITION TO NOMINATE UNAFFILIATED CANDIDATES UNDER SECTION 14802.
141304. Nomination of candidates. (1) A MINOR POLITICAL PARTY MAY NOMINATE CANDIDATES IN ACCORDANCE WITH SECTIONS 14302, 14402 (1) (a), AND 14502 (1) AND THIS ARTICLE.
(2) NOMINATIONS BY A MINOR POLITICAL PARTY, TO BE VALID, SHALL BE MADE IN ACCORDANCE WITH THE PARTY'S CONSTITUTION OR SET OF BYLAWS. NO NOMINATION UNDER THIS SECTION SHALL BE VALID UNLESS THE NOMINEE:
(a) IS A REGISTERED ELECTOR;
(b) IS REGISTERED AS AFFILIATED WITH THE MINOR POLITICAL PARTY THAT IS MAKING THE NOMINATION, AS SHOWN IN THE REGISTRATION BOOKS OF THE COUNTY CLERK AND RECORDER; AND
(c) HAS NOT BEEN REGISTERED AS AN AFFILIATE OF A MAJOR POLITICAL PARTY FOR AT LEAST TWELVE MONTHS PRIOR TO THE DATE OF THE PRIMARY ELECTION.
(3) ANY MINOR POLITICAL PARTY NOMINATING CANDIDATES IN ACCORDANCE WITH THIS PART 13 SHALL FILE A CERTIFICATE OF DESIGNATION WITH THE SECRETARY OF STATE BY NO LATER THAN THE TWENTIETH DAY PRIOR TO THE PRIMARY ELECTION. THE CERTIFICATE OF DESIGNATION SHALL STATE THE NAME OF THE OFFICE FOR WHICH EACH PERSON IS A CANDIDATE AND THE CANDIDATE'S NAME AND ADDRESS, SHALL DESIGNATE IN NOT MORE THAN THREE WORDS THE NAME OF THE MINOR POLITICAL PARTY THAT THE CANDIDATE REPRESENTS, AND SHALL CERTIFY THAT THE CANDIDATE IS A MEMBER OF THE MINOR POLITICAL PARTY. THE CANDIDATE'S PARTY AFFILIATION, AS SHOWN ON THE REGISTRATION BOOKS OF THE COUNTY CLERK AND RECORDER, IS PRIMA FACIE EVIDENCE OF PARTY MEMBERSHIP.
(4) ANY PERSON NOMINATED IN ACCORDANCE WITH THIS PART 13 SHALL FILE A WRITTEN ACCEPTANCE WITH THE SECRETARY OF STATE BY MAIL OR HAND DELIVERY. THE WRITTEN ACCEPTANCE MUST BE POSTMARKED OR RECEIVED BY THE SECRETARY OF STATE WITHIN TEN BUSINESS DAYS AFTER THE FILING OF THE CERTIFICATE OF DESIGNATION REQUIRED UNDER SUBSECTION (3) OF THIS SECTION. IF AN ACCEPTANCE IS NOT FILED WITHIN THE SPECIFIED TIME, THE CANDIDATE SHALL BE DEEMED TO HAVE DECLINED THE NOMINATION.
(5) NOTHING IN THIS PART 13 SHALL BE CONSTRUED TO ALLOW A MINOR POLITICAL PARTY TO NOMINATE MORE THAN ONE CANDIDATE FOR ANY ONE OFFICE.
SECTION 2. 11104 (1), (22), (23), and (25), Colorado Revised Statutes, 1980 Repl. Vol., as amended, are amended to read:
11104. Definitions. As used in this code, unless the context otherwise requires:
(1) "Assembly"
means a meeting of delegates of a political party, organized in
accordance with the rules and regulations of the political party,
held for the purpose of designating candidates for nominations
at a primary election.
(22) "Major political party"
means one of the two
ANY political parties whose candidate
for governor PARTY WHICH at the last
preceding gubernatorial election received
the first and second greatest number of votes
WAS REPRESENTED ON THE OFFICIAL BALLOT EITHER BY POLITICAL PARTY
CANDIDATES OR BY INDIVIDUAL NOMINEES AND WHOSE CANDIDATE AT THE
LAST PRECEDING GUBERNATORIAL ELECTION RECEIVED AT LEAST TEN PERCENT
OF THE TOTAL GUBERNATORIAL VOTE CAST, IF SUCH PARTY CHOOSES
TO BE DESIGNATED AS A MAJOR POLITICAL PARTY.
(23) "Minor political party" means a political party other than a major political party THAT SATISFIES ONE OF THE CONDITIONS SET FORTH IN SECTION 141303 (1) OR HAS SUBMITTED A PETITION IN ACCORDANCE WITH SECTION 141302.
(25) "Political party" means
any political organization whose candidate
at the last preceding gubernatorial election received at least
ten percent of the total gubernatorial vote cast
EITHER A MAJOR POLITICAL PARTY OR A MINOR POLITICAL PARTY.
SECTION 3. 12222 (3), Colorado Revised Statutes, 1980 Repl. Vol., as amended, is amended to read:
12222. Errors in recording
of party affiliation. (3) For
the purposes of determining the eligibility of candidates for
nomination in accordance with sections
14601 (4) (a) and 14801 (4), the eligibility
of persons to vote at any precinct caucus, assembly, or convention
in accordance with section 13101,
SECTION 14801 (3) or the eligibility of persons to
sign petitions in accordance with section 14801 (2),
the date of declaration of the party affiliation of the elector
shall be the date of the declaration which
THAT the elector alleges by affidavit to have been erroneously
recorded or unlawfully changed or withdrawn.
SECTION 4. Article 3 of title 1, Colorado Revised Statutes, 1980 Repl. Vol., as amended, is amended BY THE ADDITION OF A NEW SECTION to read:
13100.3. Definition. AS USED IN THIS ARTICLE, "POLITICAL PARTY" MEANS A MAJOR POLITICAL PARTY AS DEFINED IN SECTION 11104 (22).
SECTION 5. 13101 (1) and (2), Colorado Revised Statutes, 1980 Repl. Vol., as amended, are amended to read:
13101. Party affiliation
required residence. (1) No
registered elector shall vote at any precinct caucus assembly,
or convention of a political party unless the registered elector
has been a resident of the precinct for thirty days and affiliated
with the political party holding the caucus assembly,
or convention for at least two months as shown on the registration
books of the county clerk and recorder; except that any registered
elector who has attained the age of eighteen years or who has
become a naturalized citizen during the two months immediately
preceding the meeting may vote at any caucus assembly,
or convention even though the elector has been affiliated with
the political party for less than two months.
(2) Notwithstanding subsection (1)
of this section and section 12101 (1) (b), an elector
who moves from the precinct where registered during the thirty
days prior to any caucus shall be permitted to participate and
vote at the caucus in the precinct of the elector's former residence
but shall not be eligible for
election as a delegate or
for nomination as a precinct committeeperson in the former precinct.
SECTION 6. 13102 (1) and (2) (a), Colorado Revised Statutes, 1980 Repl. Vol., as amended, are amended, and the said 13102 is further amended BY THE ADDITION A NEW SUBSECTION, to read:
13102. Precinct caucuses.
(1) Delegates to
county assemblies shall be elected at
Precinct caucuses which
may be held in a public place in or proximate to each precinct
at a time and place to be fixed by the county central committee
of each political party on the first
Tuesday LAST MONDAY in April
MARCH in each evennumbered year, which day shall be known
as "precinct caucus day".
(2) (a) At
the time of electing the delegates to the county assembly,
The precinct caucus shall also
elect two precinct committeepersons. Any person eighteen years
of age or older may be a candidate for the office of precinct
committeeperson if he or she has been a resident of the precinct
for thirty days and has been affiliated with the political party
holding the precinct caucus for a period of at least two months
preceding the date of the precinct caucus; except that any person
who has attained the age of eighteen years or who has become a
naturalized citizen during the two months immediately preceding
the precinct caucus may be a candidate for the office of precinct
committeeperson even though he or she has been affiliated with
the political party for less than two months as shown on the registration
book of the county clerk and recorder. The two people receiving
the highest number of votes at the caucus for precinct committeeperson
shall be elected as the precinct committeepersons of the precinct.
If two or more candidates for precinct committeeperson receive
an equal and the second highest number of votes, or if three or
more candidates receive an equal and the highest number of votes,
the election shall be determined by lot by those candidates. The
names of the committeepersons elected shall be certified to the
county assembly
CENTRAL COMMITTEE of the political party by the officers of the
caucus. All disputes regarding the election of precinct committeepersons
shall be determined by the credentials
committees of the respective party assemblies
COUNTY CENTRAL COMMITTEE. The county assembly
CENTRAL COMMITTEE shall ratify the list of committeepersons AT
THE MEETING DESCRIBED IN SECTION 13103 (1) (c) (II).
The presiding officer
CHAIRPERSON and secretary of the county assembly
CENTRAL COMMITTEE shall file a certified list of the names and
addresses, by precinct, of those persons elected as precinct committeepersons
with the county clerk and recorder within ten days after the date
of the county assembly
CENTRAL COMMITTEE MEETING PURSUANT TO SECTION 13103
(1) (c).
(5) ALL PLACES ESTABLISHED FOR HOLDING PRECINCT CAUCUSES SHALL BE DESIGNATED BY A SIGN CONSPICUOUSLY POSTED FOR AT LEAST TEN DAYS BEFORE THE PRECINCT CAUCUSES. THE SIGN SHALL BE SUBSTANTIALLY IN THE FOLLOWING FORM: "PRECINCT CAUCUS PLACE FOR PRECINCT NO. ......". THE SIGN SHALL DESIGNATE THE NAME OF THE POLITICAL PARTY HOLDING THE PRECINCT CAUCUS. THE LETTERING ON THE SIGN AND THE PRECINCT NUMBER SHALL BE BLACK ON A WHITE BACKGROUND WITH ALL LETTERS AND NUMERALS AT LEAST FOUR INCHES IN HEIGHT. ANY PRECINCT CAUCUS SUBSEQUENTLY MOVED AND HELD IN A PLACE OTHER THAN THE PLACE STATED ON THE SIGN IS NULL AND VOID.
SECTION 7. 13103 (1) (c), (3) (d), (3) (e), (4) (e), (4) (f), and (10), Colorado Revised Statutes, 1980 Repl. Vol., as amended, are amended to read:
13103. Party committees.
(1) (c) (I) Each county central committee
shall meet on a date which
THAT falls between February 1 and February 15 of the oddnumbered
years to organize by selecting a chairperson, a vicechairperson,
and a secretary and any other officers provided for in the county
rules, and
shall select a vacancy committee authorized to fill vacancies
in the county central committee and the offices held by members
of the county central committee, and shall select a separate vacancy
committee to fill vacancies in the office of county commissioner
held by members of the political party.
(II) EACH COUNTY CENTRAL COMMITTEE SHALL MEET ON A DATE THAT FALLS BETWEEN FEBRUARY 1 AND FEBRUARY 15 OF THE EVENNUMBERED YEARS AND MAY CONDUCT PARTY BUSINESS OTHER THAN THAT DESCRIBED IN SUBPARAGRAPH (I) OF THIS PARAGRAPH (c).
(3) (d) Each party congressional
district central committee shall elect its own chairperson, vicechairperson,
and secretary and shall adopt its own bylaws concerning its conduct.
which shall include but need
not be limited to requirements for eligibility to vote in the
congressional district assembly.
(e) The chairperson of each party congressional
district central committee shall fix the time and place of each
meeting of the committee shall
fix the time and place of its congressional district assembly,
and shall preside over each meeting. and
the congressional district assembly.
(4) (e) Each party judicial district central
committee shall elect its own chairperson, vicechairperson,
and secretary and shall adopt its own bylaws concerning its conduct.
which shall include but need
not be limited to requirements for eligibility to vote in the
judicial district assembly.
(f) The chairperson of each party judicial
district central committee shall fix the time and place of each
meeting of the committee shall
fix the time and place of its district assembly,
and shall preside over each meeting. and
the judicial district assembly.
(10) (a) Each party state senatorial
central committee and each party state representative central
committee shall elect its own chairperson, vicechairperson,
and secretary and adopt its own bylaws concerning its conduct.
which shall include, but not
be limited to, the listing of requirements for eligibility to
vote in the state senatorial or state representative district
assembly.
(b) The chairperson of each party state
senatorial central committee and each party state representative
central committee shall fix the time and place of meetings of
the central committee shall
fix the time and place of its district assembly,
and shall preside over the meetings. and
district assembly.
SECTION 8. 13107 (1), Colorado Revised Statutes, 1980 Repl. Vol., as amended, is amended to read:
13107. Party platforms.
(1) Any assembly
CENTRAL COMMITTEE MEETING or convention of any political party
may formulate, adopt, and publish a platform for the political
subdivision which
THAT the assembly
CENTRAL COMMITTEE MEETING or convention represents.
SECTION 9. 14101 (1), (2), and (3), Colorado Revised Statutes, 1980 Repl. Vol., as amended, are amended to read:
14101. Primary election nominations made. (1) A primary election shall be held at the regular polling places in each precinct on the second Tuesday of August in evennumbered years to nominate candidates of MAJOR political parties to be voted for at the succeeding general election. ONLY A MAJOR POLITICAL PARTY, AS DEFINED IN SECTION 11104 (22), SHALL BE ENTITLED TO NOMINATE CANDIDATES IN A PRIMARY ELECTION.
(2) Each MAJOR political party is entitled to participate in the primary election and shall have a separate party ballot. The primary election of all MAJOR political parties shall be held at the same time and at the same polling places and shall be conducted by the same election officials.
(3) All nominations by MAJOR political parties for candidates for United States senator, representative in congress, all elective state, district, and county officers, and members of the general assembly shall be made by primary elections. Neither the secretary of state nor any county clerk and recorder shall place on the official general election ballot the name of any person as a candidate of any MAJOR political party who has not been nominated in accordance with the provisions of this article, or who has not been affiliated with the MAJOR political party for at least twelve months unless otherwise provided by law, or who does not meet residency requirements for the office, if any. The information found on the voter registration record of the person seeking to be placed on the ballot is admissible as prima facie evidence of compliance with this article.
SECTION 10. 14102, Colorado Revised Statutes, 1980 Repl. Vol., as amended, is amended to read:
14102. Methods of placing
names on primary ballot. All
candidates for nominations to be made at any primary election
shall be placed on the primary election ballot either
by certificate of designation by assembly or
by petition PURSUANT TO SECTION 14603.
SECTION 11. 14103, Colorado Revised Statutes, 1980 Repl. Vol., as amended, is amended to read:
14103. Order of names
on primary ballot. Candidates
designated and certified by assembly for a particular office shall
be placed on the primary election ballot in the order of the vote
received at the assembly. The candidate receiving the highest
vote shall be placed first in order on the ballot, followed by
the candidate receiving the next highest vote. To qualify for
placement on the primary election ballot, a candidate must receive
thirty percent or more of the votes of the assembly. The names
of two or more candidates receiving an equal number of votes for
designation by assembly shall be placed on the primary ballot
in the order determined by lot in accordance with section 14601
(2). Candidates by petition for any particular office shall follow
assembly candidates and CANDIDATES
FOR EACH OFFICE shall be placed on the primary election ballot
in an order established by lot.
SECTION 12. 14104, Colorado Revised Statutes, 1980 Repl. Vol., as amended, is amended to read:
14104. Party nominees. Candidates voted on for offices at primary elections who receive a plurality of the votes cast shall be the respective party nominees for the respective offices. If more than one office of the same kind is to be filled, the number of candidates equal to the number of offices to be filled receiving the highest number of votes shall be the nominees of the MAJOR political party for the offices. The names of the nominees shall be printed on the official ballot prepared for the ensuing general election.
SECTION 13. 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, district
attorney, and all county officers to be elected at the general
election may be made either
by primary election BY MAJOR POLITICAL PARTIES, or
by petition for nomination of an unaffiliated candidate as provided
in section 14802, OR BY A MINOR POLITICAL PARTY AS
PROVIDED IN SECTION 141304 (2).
SECTION 14. 14603, Colorado Revised Statutes, 1980 Repl. Vol., as amended, is amended to read:
14603. Designation of major political party candidates by petition. Candidates for MAJOR political party nominations may be placed on the primary election ballot by petition, as provided in part 8 of this article.
SECTION 15. 14604, Colorado Revised Statutes, 1980 Repl. Vol., as amended, is amended to read:
14604. Filing of petitions. Every
petition or certificate of
designation by assembly in
the case of a candidate for nomination for any national or state
office or for member of the general assembly, district attorney,
or district office greater than a county office shall be received
and filed in the office of the secretary of state. Every petition
or certificate of designation
by assembly in the case of
a candidate for nomination for any other elective office shall
be filed in the office of the county clerk and recorder of the
county where the person is a candidate. Certificates
of designation by assembly shall be filed within ten days after
the adjournment of the assembly.
Petitions shall be filed prior to sixtyfive days before
the primary election. Late
filing of the certificate of designation shall not deprive candidates
of their candidacy.
SECTION 16. 14801 (2), (4), and (5), Colorado Revised Statutes, 1980 Repl. Vol., as amended, are amended to read:
14801. Designation of party candidates by petition. (2) The signature requirements for the petition are as follows:
(a) Every petition in the case of a
candidate for any county office shall be signed by eligible electors
resident within the county commissioner district or political
subdivision for which the officer is to be elected. The petition
shall require THE LESSER OF ONE THOUSAND SIGNERS OR signers equal
in number to twenty percent of the votes cast in the political
subdivision at the LAST 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.
(b) Every petition in the case of a
candidate for member of the general assembly, district attorney,
or any district office greater
than a county office MEMBER
OF THE UNITED STATES HOUSE OF REPRESENTATIVES, MEMBER OF THE STATE
BOARD OF EDUCATION FOR A CONGRESSIONAL DISTRICT, OR MEMBER OF
THE BOARD OF REGENTS OF THE UNIVERSITY OF COLORADO FOR A CONGRESSIONAL
DISTRICT 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.
BE SIGNED BY NOT LESS THAN:
(I) SEVEN HUNDRED ELIGIBLE ELECTORS FOR A CANDIDATE FOR THE STATE SENATE;
(II) FIVE HUNDRED ELIGIBLE ELECTORS FOR A CANDIDATE FOR THE STATE HOUSE OF REPRESENTATIVES;
(III) THE LESSER OF ONE THOUSAND ELIGIBLE ELECTORS OR ELIGIBLE ELECTORS EQUAL IN NUMBER TO TWENTY PERCENT OF THE VOTES CAST FOR THE POLITICAL PARTY'S CANDIDATE IN THE POLITICAL SUBDIVISION AT THE LAST PRIMARY ELECTION FOR A CANDIDATE FOR DISTRICT ATTORNEY;
(IV) TWELVE HUNDRED ELIGIBLE ELECTORS FOR A CANDIDATE FOR MEMBER OF THE UNITED STATES HOUSE OF REPRESENTATIVES, MEMBER OF THE STATE BOARD OF EDUCATION FOR A CONGRESSIONAL DISTRICT, OR MEMBER OF THE BOARD OF REGENTS OF THE UNIVERSITY OF COLORADO FOR A CONGRESSIONAL DISTRICT.
(c) Every petition in the case of a
candidate FOR THE OFFICE OF PRESIDENT AND VICE PRESIDENT AND for
an office to be filled by vote of the electors of the entire state
shall be signed by eligible
electors in a number equal to at least two percent of the votes
cast in the congressional district at the most recent general
election for the political party's candidate for the office for
which the petition is being circulated
NOT LESS THAN FIVE THOUSAND ELECTORS.
(d) (Deleted by amendment,
L. 93, p. 1405, 29, effective July 1, 1993.)
(4) No
person who attempted and failed to receive at least ten percent
of the votes for the nomination of a political party assembly
for a particular office shall be placed in nomination by petition
on behalf of the political party for the same office.
(5) Party petitions shall not be circulated
nor any signatures be obtained prior to the
first Monday in April MARCH
1 BEFORE THE PRIMARY ELECTION. Petitions shall be filed no later
than the sixtysixth day
JUNE 1 before the primary election.
SECTION 17. 14907, Colorado Revised Statutes, 1980 Repl. Vol., as amended, is amended to read:
14907. Filing of petition. (1) The petition, when executed and acknowledged as prescribed in this part 9, shall be filed as follows:
(a) With the secretary of state if
it is for an office that is voted on by the electors of the entire
state or of a congressional district or for the offices of members
of the general assembly or district attorney; or
a district office of state concern;
(b) With the county clerk and recorder if it is for a county office; and
(c) With the designated election official if it is for a nonpartisan local election.
SECTION 18. 14908 (1) and (3), Colorado Revised Statutes, 1980 Repl. Vol., as amended, are amended to read:
14908. Verification
of petition and official statement. (1) Upon
filing, the designated election official for the political subdivision
shall review all petition information and verify the information
against the registration records and, where applicable, the county
assessor's records. The secretary of state shall establish guidelines
for verifying petition entries.
A PETITION THAT MEETS THE REQUIREMENTS OF SECTION 14905
AND THAT IS FILED PURSUANT TO SECTION 14907 SHALL
BE PRIMA FACIE EVIDENCE THAT THE SIGNATURES ARE GENUINE AND TRUE.
UPON SUCH FILING, THE DESIGNATED ELECTION OFFICIAL FOR THE POLITICAL
SUBDIVISION SHALL VERIFY THAT THE PETITION CONTAINS THE NUMBER
OF SIGNATURES REQUIRED FOR THE PARTICULAR OFFICE BY THIS PART
9 AND BY SECTION 141203, THAT THE INFORMATION REQUIRED
BY SECTIONS 14905 AND 14906 IS COMPLETE,
AND THAT NO SIGNATURES HAVE BEEN ADDED TO ANY SECTIONS OF THE
PETITION AFTER THE AFFIDAVIT REQUIRED BY SECTION 14905
(2) HAS BEEN EXECUTED.
(3) After review, the official shall
notify the candidate of the number of valid
signatures and whether the petition appears to be sufficient.
or insufficient. In the case
of a petition for nominating an unaffiliated candidate, the official
shall provide notification of sufficiency or insufficiency to
the candidate on or before the primary election date.
Upon determining that the petition is sufficient and after the
time for protest has passed, the designated election official
shall certify the candidate to the ballot and, if the election
is a coordinated election, so notify the coordinated election
official.
SECTION 19. 14909 (1), Colorado Revised Statutes, 1980 Repl. Vol., as amended, is amended, and the said 14909 is further amended BY THE ADDITION OF A NEW SUBSECTION, to read:
14909. Protest of petitions
for nominations. (1) A petition
or certificate of designation
or FOR nomination which
THAT has been verified PURSUANT TO SECTION 14908 and
appears to be sufficient under this code shall be deemed valid
unless a protest is made in writing within five
TEN days after the election official's statement is issued. The
protest shall state in a summary
manner the alleged impropriety
SPECIFICALLY ALLEGE WHICH SIGNATURES, IF ANY, ARE INVALID AND
STATE WITH PARTICULARITY SUCH OTHER DEFECT THAT EXISTS WITH RESPECT
TO THE PETITION. NO SIGNATURE MAY BE CHALLENGED THAT IS NOT IDENTIFIED
IN THE PROTEST BY SECTION NUMBER, LINE NUMBER, AND NAME AND REASON
WHY THE SIGNATURE IS INVALID. FAILURE TO SO ALLEGE SHALL CONSTITUTE
REASON FOR THE DESIGNATED ELECTION OFFICIAL TO REFUSE TO ACCEPT
THE PROTEST. Notice of the protest shall be mailed forthwith to
all candidates or officials who may be affected by it. The designated
election official with whom the original certificate or petition
is filed shall hear any protest within ten days after the protest
is filed and shall pass upon the validity of the protest, whether
of form or substance, and shall issue findings of fact and conclusions
within seventytwo hours
FIVE DAYS after the hearing.
(3) THE DESIGNATED ELECTION OFFICIAL SHALL BE ALLOWED A FEE FOR HEARING A PROTEST TO AND ISSUING FINDINGS OF FACT AND CONCLUSIONS ON ANY PETITION FILED PURSUANT TO SECTION 14907. SUCH A FEE SHALL BE SET AT AN AMOUNT THAT OFFSETS THE COSTS TO THE DESIGNATED ELECTION OFFICIAL OF CONDUCTING THE HEARING.
SECTION 20. 14912 (1), Colorado Revised Statutes, 1980 Repl. Vol., as amended, is repealed as follows:
14912. Cure.
(1) In case a petition
for nominating unaffiliated candidates is not sufficient, it may
be amended once at any time prior to 3 p.m. on the seventh day
following a primary election, 3 p.m. on the fiftyfifth day
preceding a congressional vacancy election, or 3 p.m. sixtysix
days prior to an election which is not being held concurrently
with the general election. If a petition for nominating an unaffiliated
candidate is amended prior to 3 p.m. on the seventh day following
a primary election, the designated election official shall notify
the candidate of whether the petition is sufficient or insufficient
no later than the fourteenth day following the primary election.
SECTION 21. 141001, Colorado Revised Statutes, 1980 Repl. Vol., as amended, is amended to read:
141001. Withdrawal from
candidacy. (1) Any person who
has accepted a designation
or nomination may withdraw
from candidacy at any time by filing a letter of withdrawal. The
letter shall be signed and acknowledged by the candidate before
some officer authorized to take acknowledgments and shall be filed
with the designated election official with whom the original certificate
or petition of candidacy was
filed. In the event that the withdrawal of candidacy is not made
in time for the candidate's name to be taken off the ballot, any
votes cast for the candidate shall be deemed invalid and will
not be counted.
(2) Any candidate withdrawing from
a designation or
nomination, as provided in subsection (1) of this section, shall
forthwith report the withdrawal to the persons designated in section
141002 to fill the vacancy.
SECTION 22. 141002 (1), (2), (3), (5), (6), (7) (a), and (7) (b), Colorado Revised Statutes, 1980 Repl. Vol., as amended, are amended to read:
141002. Vacancies in
nomination. (1) Any
vacancy in a party designation occurring after the party assembly
at which the designation was made and more than fiftyfive
days before the primary election, which is caused by the declination,
death, disqualification, or withdrawal of any person designated
by the assembly as a candidate for nomination, or by failure of
the assembly to make designation of any candidate for nomination
or which exists by reason of the death or resignation of any elective
officer after an assembly at which a candidate could have been
designated for nomination for the office at a primary election
had the vacancy then existed, may be filled by the respective
party assembly vacancy committee of the district, county, or state,
as appropriate, depending upon the office for which the vacancy
in designation has occurred. No person is eligible for appointment
to fill a vacancy in a party designation unless that person meets
all requirements of candidacy as of the date of the assembly which
made the original designation.
(2) Any vacancy in a party designation
PURSUANT TO SECTION 14801 occurring during the fiftyfive
days before the primary election or any vacancy in a party nomination
occurring on or after the day of the primary election and more
than fiftyfive days before the general election which
THAT is caused by the declination, death, disqualification, resignation,
or withdrawal of any person previously designated
or of any person nominated
at the primary election or which
THAT exists by reason of the declination, death, disqualification,
or withdrawal of any elective officer after a primary election
at which a nomination could have been made for the office had
the vacancy then existed may be filled by the respective party
assembly
vacancy committee of the district, county, or state, as appropriate,
depending upon the office for which the vacancy in designation
or nomination has occurred.
No person is eligible for appointment to fill a vacancy in the
party designation or
nomination unless that person meets all of the requirements of
candidacy as of the date of the primary election.
(3) Any
vacancy in a party nomination occurring after the convention or
assembly at which the nomination was made and more than fiftyfive
days before the congressional vacancy election, caused by the
declination, death, disqualification, or withdrawal of any person
nominated at the convention, may be filled in the same manner
required for the original nomination. If the original nomination
was made by a party convention or assembly which had delegated
to a committee the power to fill vacancies, the committee may
proceed to fill the same vacancy when it occurs. No person is
eligible for appointment to fill a vacancy in the party nomination
unless that person meets all of the requirements of candidacy
as of the date of the convention or assembly at which the original
nomination was made.
(5) (a) The persons designated
to fill any of the vacancies in subsections (1)
to (4) (2) AND (4) of this
section shall file any certificate of designation
or nomination to fill the
vacancy, together with a written acceptance signed by the person
designated or
nominated, with the designated election official with whom the
original certificate or
petition was filed. This filing shall be done no later than the
close of business on
the fiftyfifth day before the election affected by the vacancy.
(b) If the persons designated to fill
any of the vacancies in subsections (1)
to (4) (2) AND (4) of this
section decide not to fill a vacancy, they shall in like manner
file a certificate setting forth the occurrence of the vacancy,
stating they do not intend to fill the vacancy.
(6) When the secretary of state or
the county clerk and recorder receives a certificate of nomination
to fill a vacancy, that official, in certifying the list of designees
or nominees, shall replace
the name of the original candidate with that of the replacement
candidate. In the event the secretary of state has already certified
the list, the secretary of state shall forthwith certify to the
county clerk and recorders of the proper counties the name and
description of the new nominee, the office for which the nomination
is made, and the name of the person for whom the nominee is substituted.
The secretary of state and the county clerk and recorders shall
not accept any certificates of nomination to fill vacancies after
fiftyfive days before election day.
(7) Any vacancy in a statewide or county
office occurring during a term of office shall be filled at the
next general election with nomination or
designation by the political
party as follows:
(a) If
the vacancy occurs prior to the political party assembly, the
designated election official shall notify the chairperson of each
major political party that the office will be on the ballot for
the next primary election, and candidates for the office shall
be designated as provided in section 14601 or 14603.
(b) If the vacancy occurs after
the political party assembly and
more than fiftyfive days before the primary election, the
designated election official shall add the office to the notice
of election and notify the chairperson of each major political
party that the office will be on the ballot for the next primary
election. Candidates for the office shall be designated as provided
in section 14603. or
by the respective party central committee vacancy committee for
the state, county, judicial district, or state senate district.
SECTION 23. 141003, Colorado Revised Statutes, 1980 Repl. Vol., as amended, is amended to read:
141003. Vacancies of
joint candidates. For the purposes
of this part 10, no vacancy in designation
or nomination for the office
of governor or the office of lieutenant governor shall in any
way affect the candidacy of the other joint candidate.
SECTION 24. 141201, Colorado Revised Statutes, 1980 Repl. Vol., as amended, is amended to read:
141201. Definitions. As used in this part 12, unless the context otherwise requires:
(1) "POLITICAL PARTY" MEANS A MAJOR POLITICAL PARTY AS DEFINED IN SECTION 11104 (22).
(2) "Presidential primary election" means a primary election conducted pursuant to section 141202.
SECTION 25. Part 12 of article 4 of title 1, Colorado Revised Statutes, 1980 Repl. Vol., as amended, is amended BY THE ADDITION OF NEW SECTION to read:
141208. Rocky mountain presidential primary task force Colorado appointments repeal. (1) THERE SHALL BE SIX MEMBERS FROM THE STATE OF COLORADO APPOINTED TO THE ROCKY MOUNTAIN PRESIDENTIAL PRIMARY TASK FORCE AS FOLLOWS:
(a) TWO MEMBERS APPOINTED BY THE GOVERNOR, ONE OF WHICH SHALL BE A MEMBER OF THE REPUBLICAN PARTY AND ONE OF WHICH SHALL BE A MEMBER OF THE DEMOCRATIC PARTY;
(b) THE MAJORITY LEADER OF THE SENATE OR HIS OR HER DESIGNEE;
(c) THE MINORITY LEADER OF THE SENATE OR HIS OR HER DESIGNEE;
(d) THE MAJORITY LEADER OF THE HOUSE OF REPRESENTATIVES OR HIS OR HER DESIGNEE; AND
(e) THE MINORITY LEADER OF THE HOUSE OF REPRESENTATIVES OR HIS OR HER DESIGNEE.
(2) IN COOPERATION WITH THE TASK FORCE MEMBERS APPOINTED FROM OTHER PARTICIPATING ROCKY MOUNTAIN STATES, THE COLORADO MEMBERS OF THE ROCKY MOUNTAIN PRESIDENTIAL PRIMARY TASK FORCE DESIGNATED IN SUBSECTION (1) OF THIS SECTION SHALL MAKE RECOMMENDATIONS TO EACH PARTICIPATING STATE CONCERNING:
(a) A COMMON DATE FOR A JOINT ROCKY MOUNTAIN PRESIDENTIAL PREFERENCE PRIMARY; AND
(b) MECHANISMS TO INCREASE THE PRESIDENTIAL CANDIDATES' INTERACTION WITH VOTERS IN THE WESTERN REGION OF THE UNITED STATES AND THE PRESIDENTIAL CANDIDATES' ATTENTION TO WESTERN REGIONAL ISSUES.
(3) NO RECOMMENDATION PROPOSED BY THE COLORADO MEMBERS OF THE ROCKY MOUNTAIN PRESIDENTIAL PRIMARY TASK FORCE UNDER SUBSECTION (2) OF THIS SECTION SHALL BE BINDING OR OPERATIONAL IN COLORADO UNLESS AND UNTIL ANY SUCH RECOMMENDATION IS RATIFIED AND APPROVED IN SEPARATE LEGISLATION BY THE GENERAL ASSEMBLY.
(4) THIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2000
SECTION 26. 15103 (1), Colorado Revised Statutes, 1980 Repl. Vol., as amended, is amended to read:
15103. Changes in boundaries
partisan elections. (1) Changes
in the boundaries of precincts or the creation of new precincts
for partisan elections shall be completed not
less than twentynine days prior to the precinct caucus day,
NO LATER THAN THE LAST DAY OF NOVEMBER IN ODDNUMBERED YEARS,
except in cases of precinct changes resulting from changes in
county boundaries.
SECTION 27. 15403 (2) and (3), Colorado Revised Statutes, 1980 Repl. Vol., as amended, are amended to read:
15403. Content of ballots
for general and congressional vacancy elections.
(2) For all elections except those for presidential
electors, every ballot shall contain the names of all candidates
for offices to be voted for at that election whose nominations
have been made and accepted, except those who have died or withdrawn,
and the ballot shall contain no other names. When presidential
electors are to be elected, their names shall not be printed on
the ballot, but the names of the candidates of the respective
political parties or political organizations for president and
vice president of the United States shall be printed together
in pairs under the title "presidential electors". The
pairs shall be arranged in
the alphabetical order of the names of the candidates for president
in the manner provided for in section 15404. A vote
for any pair of candidates is a vote for the duly nominated presidential
electors of the political party or political organization by which
the pair of candidates were named.
(3) The names of joint candidates of
a political party or political organization for the offices of
governor and lieutenant governor shall be printed in pairs. The
pairs shall be arranged in
the alphabetical order of the names of candidates for governor
in the manner provided for in section 15404. A vote
for any pair of candidates for governor and lieutenant governor
is a vote for each of the candidates who compose that pair.
SECTION 28. 15404, Colorado Revised Statutes, 1980 Repl. Vol., as amended, is amended to read:
15404. Arrangement of names
on ballots for partisan elections. (1) In
all partisan elections, the names of all candidates and joint
candidates who have been duly nominated for office shall be arranged
on the ballot under the designation of the office in two
THREE groups AS FOLLOWS:
(a) The names of the candidates of the
major political parties shall be placed on the general election
ballot in an order established by lot and shall comprise the
second group. except that the
joint candidates for president and vice president and the joint
candidates for governor and lieutenant governor shall be arranged
in the alphabetical order of the names of the candidates for president
and governor.
(b) THE NAMES OF THE CANDIDATES AND JOINT CANDIDATES OF THE MINOR POLITICAL PARTIES SHALL BE LISTED IN AN ORDER ESTABLISHED BY LOT AND SHALL COMPRISE THE SECOND GROUP; EXCEPT THAT THE JOINT CANDIDATES FOR PRESIDENT AND VICE PRESIDENT AND THE JOINT CANDIDATES FOR GOVERNOR AND LIEUTENANT GOVERNOR SHALL BE ARRANGED IN THE ALPHABETICAL ORDER OF THE NAMES OF THE CANDIDATES FOR PRESIDENT AND GOVERNOR.
(c) The names of the candidates and joint
candidates of the remaining political
parties or political organizations
shall be listed in an order established by lot and shall comprise
the second
THIRD group. except that the
joint candidates for president and vice president and the joint
candidates for governor and lieutenant governor shall be arranged
in the alphabetical order of the names of the candidates for president
and governor.
(2) Between July 1 and July 15 of each election year, the officer in receipt of the original designation, nomination, or petition of each candidate shall inform the major political parties, EACH MINOR POLITICAL PARTY, and the representative of each political organization on file with the secretary of state of the time and place of the lotdrawing for offices to appear on the general election ballot. Ballot positions shall be assigned to the major political party, MINOR POLITICAL PARTY, or political organization in the order in which they are drawn. The name of the candidate shall be inserted on the ballot prior to the ballot certification.
(3) The arrangement of names on ballots for congressional vacancy elections shall be established by lot at any time prior to the certification of ballots for the congressional vacancy election. The officer in receipt of the original designation, nomination, or petition of each candidate shall inform the major political parties, EACH MINOR POLITICAL PARTY, and the representatives of each political organization on file with the secretary of state of the time and place of the lotdrawing for the congressional election ballot. Ballot positions shall be assigned to the major political party, MINOR POLITICAL PARTY, or political organization in the order in which they are drawn.
SECTION 29. 15407 (4), Colorado Revised Statutes, 1980 Repl. Vol., as amended, is amended to read:
15407. Form of ballots.
(4) The names of the candidates for each office shall
be arranged under the designation of the office, according
to the surnames, as provided
in section 15404. The designated election official
shall not print, in connection with any name, any title or degree
designating the business or profession of the candidate.
SECTION 30. 17201 (1), (2), and (5), Colorado Revised Statutes, 1980 Repl. Vol., as amended, are amended to read:
17201. Voting at primary election. (1) Any registered elector who has declared a MAJOR POLITICAL party affiliation and who desires to vote for candidates of that party at a primary election shall write his or her name and address on a form available at the polling place and give the form to one of the election judges, who shall clearly and audibly announce the name.
(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 MAJOR POLITICAL party affiliation last recorded. If unaffiliated, the eligible elector shall openly declare to the election judges the name of the MAJOR 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 MAJOR 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 party 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 a MAJOR POLITICAL party affiliation shall not be entitled to vote at the primary election.
(5) Instead of voting for a candidate
whose name is printed on the party ballot, an elector may cast
a writein vote for any eligible candidate who is a member
of the MAJOR political party and who has filed an affidavit of
intent of writein candidacy pursuant to section 141101.
When no candidate has been designated by
an assembly or by petition, a
writein candidate for nomination by any MAJOR political
party must receive at least the number of votes at any primary
election that is required by section 14801 (2) to
become designated as a candidate by petition.
SECTION 31. 17202, Colorado Revised Statutes, 1980 Repl. Vol., as amended, is amended to read:
17202. Count and certification. As soon as the polls are closed, the election judges shall count the total number of ballots cast and shall then count all the ballots for each MAJOR political party separately, using the accounting forms furnished in accordance with section 17203 and continuing until the count is completed. In no case shall party ballots be intermingled. After all ballots have been counted, the election judges shall certify the number of votes cast according to the method designated for the type of voting equipment used.
SECTION 32. 17203, Colorado Revised Statutes, 1980 Repl. Vol., as amended, is amended to read:
17203. Accounting forms. The county clerk and recorder shall furnish each precinct with two sets of accounting forms for each MAJOR political party having candidates at the primary election. The forms shall be furnished at the same time and in the same manner as ballots. All accounting forms shall have the proper party designation at the top thereof and shall state the precinct, county, and date of the primary election. The secretary of state shall prescribe the accounting forms to be used.
SECTION 33. 113301, Colorado Revised Statutes, 1980 Repl. Vol., is amended to read:
113301. Fraud at precinct
caucus or convention. Any person
in authority at any precinct caucus assembly,
or convention who in any manner dishonestly, corruptly, or fraudulently
performs any act devolving on him OR HER by virtue of the position
of trust which he
THE PERSON fills or knowingly aids or abets any other person to
do any fraudulent, dishonest, or corrupt act or thing in reference
to the carrying on of any precinct caucus assembly,
or convention or the ascertaining or promulgating of its true
will is guilty of a misdemeanor and, upon conviction thereof,
shall be punished as provided in section 113111.
SECTION 34. 113302, Colorado Revised Statutes, 1980 Repl. Vol., is amended to read:
113302. Fraudulent voting
in precinct caucus or convention. Any
person who fraudulently participates and votes in a precinct caucus
assembly,
or convention when he
THE PERSON is not a member of the political party holding such
precinct caucus assembly,
or convention, as shown on the registration books of the county
clerk and recorder, is guilty of a misdemeanor and, upon conviction
thereof, shall be punished as provided in section 113111.
SECTION 35. The introductory portion to 113303 (1), Colorado Revised Statutes, 1980 Repl. Vol., is amended to read:
113303. Offenses at
precinct caucus or convention. (1) It
is unlawful for any person at any precinct caucus assembly,
or convention:
SECTION 36. 113719 (1) (a), Colorado Revised Statutes, 1980 Repl. Vol., is amended to read:
113719. Employer's unlawful acts. (1) It is unlawful for any employer, whether corporation, association, company, firm, or person, or any officer or agent of such employer:
(a) In any manner to control the action
of his
THE EMPLOYER'S employees in casting their votes for or against
any person or measure at any precinct caucus assembly,
or convention; or
SECTION 37. 145103 (12), Colorado Revised Statutes, 1980 Repl. Vol., as amended, is amended to read:
145103. Definitions. As used in this article:
(12) "Political Party" means
any group of registered electors who, by petition, or
assembly, nominate candidates
for the official general election ballot. "Political party"
includes affiliated party organizations at the state, county,
and election district levels, and all such affiliates are considered
to be a single entity for purposes of this article.
SECTION 38. 3010501.5 (1) (c), Colorado Revised Statutes, 1986 Repl. Vol., as amended, is amended to read:
3010501.5. Qualifications training. (1) No person shall be eligible for nomination, election, or appointment to the office of sheriff unless such person:
(c) Has had a complete set of fingerprints
taken by a qualified law enforcement agency and submitted a receipt
evidencing such fingerprinting at the time of filing his
written acceptance pursuant to section 14601
(3), 14603 (4), 14801 (1), or 14903
(5) 14906, C.R.S.,
or a candidate filing an affidavit of intent pursuant to section
141001 SECTIONS
141101 AND 141102, C.R.S. Such law enforcement
agency shall forward said fingerprints to the Colorado bureau
of investigation. The bureau shall utilize such fingerprints,
its files and records, and those of the federal bureau of investigation
for the purpose of determining whether the person has ever been
convicted of or pleaded guilty or entered a plea of nolo contendere
to any felony charge under federal or state laws. The Colorado
bureau of investigation shall notify the county clerk and recorder
of the county wherein the person is a candidate of the results
of the fingerprint analysis. In the event a conviction or plea
is disclosed, such person shall be deemed unqualified for the
office of sheriff, unless pardoned. The results of such fingerprint
analysis shall be confidential; except that the county clerk and
recorder may divulge whether such person is qualified or unqualified
for the office of sheriff.
SECTION 39. Repeal. 14404, 14601, 14602, and 14605, Colorado Revised Statutes, 1980 Repl. Vol., as amended, are repealed.
SECTION 40. Applicability. This act shall apply to minor political parties existing on or after the effective date of this act.
SECTION 41. No appropriation. The general assembly has determined that this act can be implemented within existing appropriations, and therefore no separate appropriation of state moneys is necessary to carry out the purposes of this act.
SECTION 42. Effective date. This act shall take effect at 12:01 a.m. on the day following the expiration of the ninetyday period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution; except that, if a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor.