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.