Capital letters indicate new material to be added to existing statute.
Dashes through the words indicate deletions from existing statute.

First Regular Session

Sixty-first General Assembly

LLS NO. 97­0154.01 DLC SENATE BILL 97­074

STATE OF COLORADO

BY SENATOR J. Johnson;

also REPRESENTATIVE Salaz.

STATE, VETERANS &

MILITARY AFFAIRS

A BILL FOR AN ACT

CONCERNING NOMINATING PROCEDURES FOR CANDIDATES FOR PUBLIC OFFICE.

Bill Summary

"Party Candidate Nominating Procedures"

(Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments which may be subsequently adopted.)

Changes the date of the primary election from the second Tuesday of August to the second Tuesday of June and moves the presidential primary election to that same date. Directs that candidates appearing on the primary ballot be in an order determined by lot.

Changes the date by which candidates in a presidential primary election must submit a candidate's statement of intent. Eliminates the ability of such candidates to appear on the primary ballot by submitting a filing fee.

Removes the election of delegates to county assemblies from the precinct caucus function. Changes the date for holding precinct caucuses from the first Tuesday in April to the first Tuesday in February. Provides that the names of committeepersons elected at the caucus are submitted to the county central committee instead of the county assembly. Requires that the sign designating the precinct caucus include the name of the political party holding the caucus.

Eliminates county assemblies and the designation of candidates for the primary election ballot by those assemblies. Makes several conforming amendments related to the elimination of county assemblies.

Makes the following changes to the provisions on designation of political party candidates by petition:

Eliminates the review and determination of sufficiency of candidate petitions by the designated election official. Provides that a petition that has the requisite affidavit and that is properly filed shall be prima facie evidence that the signatures are valid. Limits the designated election official's duty to verifying that the petition contains the requisite number of signatures. Requires that a protest of a petition for nomination must, instead of a summary allegation of impropriety, specifically allege which signatures are invalid. Changes the time following a protest hearing within which the designated election official must issue findings and authorizes the imposition of a fee for such hearing and findings. Makes a conforming amendment by deleting the cure provision for a petition for nominating unaffiliated candidates.

Makes conforming amendments to the procedures on candidate vacancies by deleting references to vacancies occurring after a party assembly and before the primary election, after the convention or assembly and before the congressional vacancy election, and vacancies during a term of office that occur before or after the party assembly.

Changes the arrangement of the names of joint candidates for president and vice president and joint candidates for governor and lieutenant governor on the ballot in vacancy elections and partisan elections from alphabetical order to placement in an order established by lot.

Changes the date on which changes in the boundaries of precincts or the creation of new precincts must be completed. Changes the date when committeepersons must submit a list of recommended election judges.

Changes the date of county central committee meetings and all other central committee meetings. Provides for county central committee meetings in even­numbered years. Eliminates certain duties of congressional district central committees, judicial district central committees, state senatorial central committees, and state representative central committees related to the district assemblies of each. Permits any central committee meeting to adopt a party platform.

Deletes the requirement that nominees file a written acceptance with the secretary of state.


Be it enacted by the General Assembly of the State of Colorado:

SECTION 1.  1­1­104 (1) and (32), 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.

(32)  "Primary election" means the presidential primary election and the election held on the second Tuesday of August JUNE in each even­numbered year.

SECTION 2.  1­4­1202 (1), Colorado Revised Statutes, 1980 Repl. Vol., as amended, is amended to read:

1­4­1202.  Presidential primary elections ­ when ­ conduct. (1)  A presidential primary election shall be held at the regular polling places in each general election precinct on the first Tuesday in March SECOND TUESDAY OF JUNE in years in which a United States presidential election is to be held.

SECTION 3.  1­4­1203 (1) (c), Colorado Revised Statutes, 1980 Repl. Vol., as amended, is amended to read:

1­4­1203.  Names on ballots. (1)  The secretary of state shall certify the names and party affiliations of the candidates to be placed on the presidential primary election ballots fifty days before the election is to be held. The only candidates whose names shall be placed on ballots for the election shall be those candidates who:

(c)  Have submitted to the secretary of state, by the second day of January in the year of the presidential primary NO LATER THAN THE THIRD TUESDAY IN FEBRUARY BEFORE THE PRIMARY ELECTION, a notarized candidate's statement of intent together with either a nonrefundable filing fee of five hundred dollars or a petition signed by at least five thousand eligible electors of the candidate's political party who reside in the state.

SECTION 4.  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 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 in April FEBRUARY 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), (1) (d), (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 APRIL 15 AND APRIL 30 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 APRIL 15 AND APRIL 30 OF THE EVEN­NUMBERED YEARS AND MAY CONDUCT PARTY BUSINESS OTHER THAN THAT DESCRIBED IN SUBPARAGRAPH (I) OF THIS PARAGRAPH (c).

(d)  Except as provided in paragraph (d) of subsection (4), paragraph (b) of subsection (5), and paragraph (b) of subsection (6) of this section, all other central committees shall meet on a date which THAT falls between February 15 and April 1 MAY 15 AND MAY 30 of the odd­numbered years to organize by electing a chairperson, a vice­chairperson, and a secretary and shall select a vacancy committee authorized to fill vacancies in the central committees and in district and state offices held by members of the political party.

(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), Colorado Revised Statutes, 1980 Repl. Vol., as amended, is 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 JUNE in even­numbered years to nominate candidates of political parties to be voted for at the succeeding general election.

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.  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 NINETY days before the primary election. Late filing of the certificate of designation shall not deprive candidates of their candidacy.

SECTION 13.  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 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)  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 DECEMBER BEFORE THE PRIMARY ELECTION. Petitions shall be filed no later than the sixty­sixth day THIRD TUESDAY IN FEBRUARY before the primary election.

SECTION 14.  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 15.  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 8 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 16.  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 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 17.  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 18.  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 19.  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 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 political subdivision.

SECTION 20.  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 21.  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 22.  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 23.  1­5­404 (1), 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 groups. The names of the candidates of the two major political parties shall be placed on the general election ballot in an order established by lot and shall comprise the first group. except that the joint candidates for president and vice­president 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. 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 group. except that the joint candidates for president and vice­president 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.

SECTION 24.  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 25.  1­6­102, Colorado Revised Statutes, 1980 Repl. Vol., as amended, is amended to read:

1­6­102.  List furnished by precinct committeepersons.  Not later than ten days after the precinct caucus APRIL 15 in even­numbered years, the committeepersons of each precinct from each major political party shall submit to the county chairpersons of their respective political parties a list recommending registered electors as election judges. These registered electors must reside in the precinct and have a current affiliation with the political party shown on the registration books of the county clerk and recorder. If a precinct has no committeeperson, the district captain, if any, shall submit the list of recommended election judges to the county chairperson.

SECTION 26.  1­7­201 (5), Colorado Revised Statutes, 1980 Repl. Vol., as amended, is amended to read:

1­7­201.  Voting at 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 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 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 27.  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 28.  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 29.  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 30.  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 31.  1­45­103 (3) (b) and (11) (b) (IV), Colorado Revised Statutes, 1980 Repl. Vol., as amended, are amended to read:

1­45­103.  Definitions.  As used in this article, unless the context otherwise requires:

(3)  "Candidate" means any person who:

(b)  Seeks nomination to public office at any primary election held in this state. A person is a candidate for nomination if he OR SHE has publicly announced his THE intention to seek election to public office has been chosen as a political party candidate through a political party designating assembly, has been issued a certificate of designation by said assembly, OR has filed with the appropriate officer DESIGNATED ELECTION OFFICIAL a petition with the required number of signatures to appear on the primary ballot as provided by section 1­4­603. or has been chosen to fill a vacancy in party designation as provided by section 1­4­903.

(11) (b)  "Public office" does not include:

(IV)  Any political party office in an assembly or A convention, including delegates thereto; or

SECTION 32.  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 33.  Repeal.  1­4­404, 1­4­601, 1­4­602, and 1­4­605, Colorado Revised Statutes, 1980 Repl. Vol., as amended, are repealed.

SECTION 34.  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.