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Second Regular Session

Sixty-first General Assembly

LLS NO. 98­0336.01 GWF HOUSE BILL 98­1093

STATE OF COLORADO

BY REPRESENTATIVE Veiga;

also SENATOR Mutzebaugh. REENGROSSED

TRANSPORTATION & ENERGY

A BILL FOR AN ACT

CONCERNING ELECTIONS FOR MEMBERS OF THE BOARD OF DIRECTORS OF THE REGIONAL TRANSPORTATION DISTRICT.

Bill Summary

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

Provides for the partisan election of members of the regional transportation district (RTD) board. Specifies the signature requirements for the designation of party candidates by petition and for petitions nominating unaffiliated candidates. Specifies the procedures for surveying the returns of votes, resolving tie votes, and conducting proceedings to contest an election. Requires candidates for the RTD board and individuals elected to the board to file a disclosure statements in compliance with the Fair Campaign Practices Act.

Makes conforming amendments.


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

SECTION 1.  32­9­111 (5) (a), Colorado Revised Statutes, is amended to read:

32­9­111.  Election of directors ­ dates ­ terms. (5) (a)  Except as provided in this subsection (5), nominations for an election of directors shall be made in accordance with the general election laws of the state. Nominations for directors shall be made BY POLITICAL PARTY ASSEMBLIES AS PROVIDED IN PARTS 5 AND 6 OF ARTICLE 4 OF TITLE 1, C.R.S., OR by petition in the manner provided for independent candidates pursuant to section 1­4­802 and part IN PARTS 8 AND 9 of article 4 of title 1, C.R.S. Petitions shall be filed in the office of the secretary of state not less than sixty days before the election required pursuant to subsection (3) of this section. The petitions shall be signed by at least two hundred fifty eligible electors residing within the director district in which the officer is to be elected.

SECTION 2.  32­9­151 (2), Colorado Revised Statutes, is amended to read:

32­9­151.  Conduct and costs of elections. (2)  The district shall reimburse each affected county for all true and actual costs of conducting a district election pursuant to sections SECTION 1­5­505, and 1­5­506, C.R.S.

SECTION 3.  1­4­204, Colorado Revised Statutes, is amended to read:

1­4­204.  State and district officers.  At the general election in 1982 and every fourth year thereafter, the following state officers shall be elected: One governor, one lieutenant governor, one secretary of state, one state treasurer, and one attorney general. The lieutenant governor shall be elected jointly with the governor. At every general election, the number of members of the state house of representatives to which each representative district is entitled shall be elected in that district. Candidates for the offices of regents of the university of Colorado, state senators, members of the state board of education, MEMBERS OF THE BOARD OF DIRECTORS OF THE REGIONAL TRANSPORTATION DISTRICT, and district attorneys shall be voted on at the general election immediately prior to the expiration of the regular terms for those offices.

SECTION 4.  1­4­502 (1), Colorado Revised Statutes, is amended to read:

1­4­502.  Methods of nomination for partisan candidates. (1)  Nominations for United States senator, representative in congress, governor, lieutenant governor, secretary of state, state treasurer, attorney general, member of the state board of education, regent of the university of Colorado, member of the general assembly, MEMBER OF THE BOARD OF DIRECTORS OF THE REGIONAL TRANSPORTATION DISTRICT, district attorney, and all county officers to be elected at the general election may be made either by primary election or by petition for nomination of an unaffiliated candidate as provided in section 1­4­802.

SECTION 5.  1­4­602 (2) and (6), Colorado Revised Statutes, are amended to read:

1­4­602.  Delegates to party assemblies. (2) (a)  In each state senatorial, and representative AND REGIONAL TRANSPORTATION DIRECTOR district comprised of a portion of one county only, persons elected at precinct caucuses as delegates to the county assemblies shall serve also as delegates to the senatorial, and representative, AND REGIONAL TRANSPORTATION DIRECTOR district assemblies.

(b)  In each state senatorial, and representative, AND REGIONAL TRANSPORTATION DIRECTOR district comprised of one or more whole counties and a portion of one or more counties or comprised of portions of two or more counties, the number of delegates to the senatorial, and representative, AND REGIONAL TRANSPORTATION DIRECTOR district assemblies shall be apportioned among the counties by the party's senatorial, or representative, OR REGIONAL TRANSPORTATION DISTRICT DIRECTOR DISTRICT central committee according to the vote in the county or portion of a county for that party's candidate for governor or president in the last general election, pursuant to the state party central committee's bylaws or rules.

(6)  In each state senatorial, and representative, AND REGIONAL TRANSPORTATION DIRECTOR district comprised of all or parts of more than one county, persons elected at precinct caucuses as delegates to the county assemblies from precincts within the senatorial, or representative, AND REGIONAL TRANSPORTATION DIRECTOR district shall also serve as delegates to the senatorial, and representative, AND REGIONAL TRANSPORTATION DIRECTOR district assemblies if the senatorial, or representative, OR REGIONAL TRANSPORTATION DIRECTOR district central committee, by resolution adopted prior to the holding of the precinct caucuses in the year for which the resolution is to be effective, chooses to have the delegates to its district assembly in that year elected as provided in this subsection (6); except that selection of delegates under this subsection (6) shall be in conformance with the procedure established in the state party central committee's bylaws or rules. As a part of the resolution, the senatorial, or representative, OR REGIONAL TRANSPORTATION DISTRICT central committee may determine the total number of delegate votes to be cast at the senatorial, or representative, OR REGIONAL TRANSPORTATION DIRECTOR district assembly, apportion them by county among the portions of the district which lie in separate counties upon an equitable basis determined by party bylaws or rules, and, upon the basis of the apportionment, determine the factor necessary to apportion equally among the delegates from the precincts within the district in each county the total votes to be cast by delegates from the portion of the district lying within that county.

SECTION 6.  1­4­801 (2) (b), Colorado Revised Statutes, is amended to read:

1­4­801.  Designation of party candidates by petition. (2)  The signature requirements for the petition are as follows:

(b)  Every petition in the case of a candidate for member of the general assembly, MEMBER OF THE BOARD OF DIRECTORS OF THE REGIONAL TRANSPORTATION DISTRICT, district attorney, or any district office greater than a county office shall be signed by eligible electors resident within the district for which the officer is to be elected. The petition shall require the lesser of one thousand signers or signers equal to thirty percent of the votes cast in the district at the primary election for the political party's candidate for the office for which the petition is being circulated, or if there was no primary election, at the last preceding general election for which there was a candidate for the office.

SECTION 7.  The introductory portion to 1­4­802 (1) (c), Colorado Revised Statutes, is amended, and the said 1­4­802 (1) (c) is further amended BY THE ADDITION OF A NEW SUBPARAGRAPH, to read:

1­4­802.  Petitions for nominating unaffiliated candidates for a partisan office. (1)  Candidates for public offices to be filled at a general or congressional vacancy election who do not wish to affiliate with a political party may be nominated, other than by a primary election or a convention, in the following manner:

(c)  Every petition for the office of president and vice president, for statewide office, for congressional district office, for the office of member of the general assembly, FOR THE OFFICE OF MEMBER OF THE BOARD OF DIRECTORS OF THE REGIONAL TRANSPORTATION DISTRICT, for district attorney, and for county office shall be signed by eligible electors residing within the district or political subdivision in which the officer is to be elected. The number of signatures of eligible electors on a petition shall be as follows:

(V.5)  THE LESSER OF SIX HUNDRED OR TWO PERCENT OF THE VOTES CAST IN THE REGIONAL TRANSPORTATION DIRECTOR DISTRICT IN THE MOST RECENT GENERAL ELECTION FOR THE OFFICE OF MEMBER OF THE BOARD OF DIRECTORS OF THE REGIONAL TRANSPORTATION DISTRICT;

SECTION 8.  1­10­103 (2), Colorado Revised Statutes, is amended to read:

1­10­103.  Survey of returns by secretary of state. (2)  On the sixteenth day after any general or congressional vacancy election, the secretary of state shall survey the returns of votes cast for the following: Presidential electors, United States senators, representatives in congress, governor and lieutenant governor, secretary of state, state treasurer, attorney general, regents of the university of Colorado, members of the state board of education, MEMBERS OF THE BOARD OF DIRECTORS OF THE REGIONAL TRANSPORTATION DISTRICT, state senators, state representatives, and district attorneys.

SECTION 9.  1­11­101 (2), Colorado Revised Statutes, is amended to read:

1­11­101.  Tie votes at partisan elections. (2)  If at any general or congressional vacancy election any two or more persons tie for the highest number of votes for presidential electors, for United States senator, for representative in congress, for regent of the university of Colorado, for member of the state board of education, FOR MEMBER OF THE BOARD OF DIRECTORS OF THE REGIONAL TRANSPORTATION DISTRICT, for state senator or state representative, or for district attorney, the secretary of state shall proceed to determine by lot which of the candidates shall be declared elected. Reasonable notice shall be given to the candidates of the time when the election will be determined.

SECTION 10.  1­11­205 (1), Colorado Revised Statutes, is amended to read:

1­11­205.  Contests for state officers. (1)  Proceedings to contest the election of any person declared elected governor, lieutenant governor, secretary of state, state treasurer, attorney general, member of the state board of education, MEMBER OF THE BOARD OF DIRECTORS OF THE REGIONAL TRANSPORTATION DISTRICT, or regent of the university of Colorado may be commenced by filing with the secretary of the senate, between the sixth and tenth legislative days of the first session of the general assembly after the day of the election, a notice of intention to contest the election, specifying the particular grounds on which the contestor means to rely. The contestor shall file with the secretary of the senate a bond, with sureties, running to the contestee and conditioned to pay all costs in case of failure to maintain the contest. The secretary of the senate shall determine the sufficiency of the bond, and, if it is sufficient, approve it.

SECTION 11.  1­45­110 (2) (a), Colorado Revised Statutes, is amended to read:

1­45­110.  Candidate affidavit ­ disclosure statement. (2) (a)  Except as provided in paragraph (b) of this subsection (2), each candidate for the general assembly, governor, lieutenant governor, attorney general, state treasurer, secretary of state, state board of education, regent of the university of Colorado, BOARD OF DIRECTORS OF THE REGIONAL TRANSPORTATION DISTRICT, and district attorney shall file a statement disclosing the information required by section 24­6­202 (2), C.R.S., with the appropriate officer, on a form approved by the secretary of state, within ten days of filing the affidavit required by subsection (1) of this section.

SECTION 12.  24­6­202 (1), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PARAGRAPH to read:

24­6­202.  Disclosure ­ contents ­ filing ­ false or incomplete filing ­ penalty. (1)  Not more than thirty days after their election, reelection, appointment, or retention in office, written disclosure, in such form as the secretary of state shall prescribe, stating the interests named in subsection (2) of this section shall be made to and filed with the secretary of state of Colorado by:

(i)  EACH MEMBER OF THE BOARD OF DIRECTORS OF THE REGIONAL TRANSPORTATION DISTRICT.

SECTION 13.  Safety clause.  The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.