BY REPRESENTATIVES Tupa, Paschall, Pfiffner, Anderson, and Udall;
also SENATORS Bishop and Phillips.
CONCERNING BALLOT ACCESS FOR MINOR POLITICAL PARTIES.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. Article 4 of title
1, Colorado Revised Statutes, is amended BY THE ADDITION OF A
NEW PART to read:
PART 13
141301. Formation of minor
political party. (1) A MINOR
POLITICAL PARTY SHALL ADOPT A CONSTITUTION OR SET OF BYLAWS TO
GOVERN ITS ORGANIZATION AND THE CONDUCT OF ITS AFFAIRS AND SHALL
EXERCISE THEREUNDER ANY POWER NOT INCONSISTENT WITH THE LAWS OF
THIS STATE. THE CONSTITUTION OR SET OF BYLAWS SHALL BE FILED
WITH THE SECRETARY OF STATE. ANY MINOR POLITICAL PARTY FAILING
TO FILE ITS CONSTITUTION OR SET OF BYLAWS PURSUANT TO THIS SECTION
SHALL NOT BE QUALIFIED AS A MINOR POLITICAL PARTY. THE CONSTITUTION
OR SET OF BYLAWS SHALL CONTAIN THE FOLLOWING:
(a) A METHOD OF NOMINATING CANDIDATES
FOR THE PARTISAN OFFICES SPECIFIED IN SECTION 141304
(1);
(b) A METHOD FOR CALLING AND CONDUCTING
CONVENTIONS;
(c) A METHOD FOR SELECTING DELEGATES TO
CONVENTIONS;
(d) A METHOD FOR THE SELECTION OF MEMBERS
AND A CHAIRPERSON TO THE STATE CENTRAL COMMITTEE AND FOR THE SELECTION
OF OTHER PARTY OFFICERS;
(e) A METHOD FOR FILLING VACANCIES IN
PARTY OFFICES;
(f) THE POWERS AND DUTIES OF PARTY OFFICERS;
(g) THE STRUCTURE OF THE STATE AND COUNTY
PARTY ORGANIZATIONS, IF ANY;
(h) A STATEMENT THAT ANY MEETING TO ELECT
PARTY OFFICERS, INCLUDING DELEGATES, SHALL BE HELD AT A PUBLIC
PLACE AT THE TIME SPECIFIED BY THE PARTY CHAIRPERSON AND THAT
THE TIME AND PLACE OF SUCH MEETING SHALL BE PUBLISHED ONCE, FIFTEEN
DAYS PRIOR TO SUCH MEETING, IN A NEWSPAPER OF GENERAL CIRCULATION
IN EACH COUNTY WHEREIN THE MEMBERS OF THE MINOR POLITICAL PARTY
RESIDE;
(i) A STATEMENT THAT THE PARTY CHAIRPERSON
OR HIS OR HER DESIGNEE SHALL BE THE PERSON WHO SHALL COMMUNICATE
ON BEHALF OF THE MINOR POLITICAL PARTY; AND
(j) A METHOD FOR AMENDING THE CONSTITUTION
OR SET OF BYLAWS.
(2) THE CHAIRPERSON OF THE PARTY SHALL
FILE ANY AMENDMENTS TO THE CONSTITUTION OR SET OF BYLAWS WITH
THE SECRETARY OF STATE WITHIN FIFTEEN DAYS AFTER THE AMENDMENTS
ARE ADOPTED.
(3) THE NAME OF THE MINOR POLITICAL PARTY
SHALL CONTAIN NO MORE THAN THREE WORDS IN ADDITION TO THE WORD
"PARTY". THE NAME OF THE MINOR POLITICAL PARTY SHALL
NOT USE, IN WHOLE OR IN PART, THE NAME OF ANY EXISTING POLITICAL
PARTY.
141302. Petition to allow minor political party to nominate candidates. (1) A PETITION TO ALLOW A MINOR POLITICAL PARTY TO NOMINATE CANDIDATES ACCORDING TO ITS CONSTITUTION OR SET OF BYLAWS SHALL BE SIGNED BY AT LEAST TEN THOUSAND REGISTERED ELECTORS AND SHALL BE SUBMITTED TO THE SECRETARY OF STATE NO LATER THAN MAY 1 OF THE ELECTION YEAR FOR WHICH THE MINOR POLITICAL PARTY SEEKS TO QUALIFY.
(2) THE PETITION SHALL CONTAIN THE NAME
OF THE MINOR POLITICAL PARTY, AND THE HEADING OF THE PETITION
SHALL STATE THAT THE SIGNERS THEREOF DESIRE THAT THE MINOR POLITICAL
PARTY BE ALLOWED TO NOMINATE CANDIDATES ACCORDING TO ITS CONSTITUTION
OR SET OF BYLAWS.
(3) EACH REGISTERED ELECTOR SIGNING A
PETITION PURSUANT TO THIS SECTION SHALL PRINT THE ELECTOR'S NAME
AND ADDRESS, INCLUDING THE STREET AND NUMBER, IF ANY. THERE SHALL
BE ATTACHED TO EACH PETITION AN AFFIDAVIT OF A REGISTERED ELECTOR
WHO CIRCULATED THE PETITION STATING:
(a) THE ELECTOR'S ADDRESS;
(b) THAT THE ELECTOR IS A REGISTERED ELECTOR;
(c) THAT THE ELECTOR CIRCULATED THE PETITION;
(d) THAT EACH SIGNATURE ON THE PETITION
WAS AFFIXED IN THE ELECTOR'S PRESENCE AND IS THE SIGNATURE OF
THE PERSON WHOSE NAME IT PURPORTS TO BE; AND
(e) THAT TO THE BEST OF THE ELECTOR'S
KNOWLEDGE AND BELIEF, EACH OF THE PERSONS SIGNING THE PETITION
WAS A REGISTERED ELECTOR AT THE TIME OF SIGNING.
(4) (a) UPON FILING, THE SECRETARY
OF STATE SHALL REVIEW ALL PETITION INFORMATION AND VERIFY THE
INFORMATION AGAINST THE REGISTRATION RECORDS. THE SECRETARY OF
STATE SHALL ESTABLISH GUIDELINES FOR VERIFYING PETITION ENTRIES.
(b) NOT MORE THAN TWENTYONE DAYS
AFTER RECEIPT OF THE PETITION, THE SECRETARY OF STATE SHALL NOTIFY
THE MINOR POLITICAL PARTY SEEKING TO QUALIFY OF THE NUMBER OF
VALID SIGNATURES AND WHETHER THE PETITION APPEARS TO BE SUFFICIENT
OR INSUFFICIENT.
(c) IN CASE A PETITION TO ALLOW A MINOR
POLITICAL PARTY TO NOMINATE CANDIDATES IS NOT SUFFICIENT, IT MAY
BE AMENDED ONCE AT ANY TIME PRIOR TO 3 P.M. ON THE SEVENTH DAY
FOLLOWING THE NOTIFICATION OF INSUFFICIENCY. IF SUCH PETITION
IS AMENDED PRIOR TO 3 P.M. ON THE SEVENTH DAY FOLLOWING THE NOTIFICATION
OF INSUFFICIENCY, THE SECRETARY OF STATE SHALL NOTIFY THE MINOR
POLITICAL PARTY OF WHETHER THE PETITION IS SUFFICIENT OR INSUFFICIENT
NO LATER THAN THE FOURTEENTH DAY FOLLOWING THE NOTIFICATION OF
INSUFFICIENCY.
(d) UPON DETERMINING THAT THE PETITION
IS SUFFICIENT:
(I) THE SECRETARY OF STATE SHALL NOTIFY
THE MINOR POLITICAL PARTY AND THE CLERK AND RECORDER OF EACH COUNTY
THAT SUCH PARTY IS QUALIFIED TO NOMINATE MINOR POLITICAL PARTY
CANDIDATES; AND
(II) ELIGIBLE ELECTORS SHALL BE ABLE TO
REGISTER AS AFFILIATED WITH SUCH MINOR POLITICAL PARTY.
141303. Qualifications
to nominate by constitution or bylaws.
(1) SUBJECT TO THE PROVISIONS OF SUBSECTION (2) OF
THIS SECTION, A MINOR POLITICAL PARTY MAY NOMINATE CANDIDATES
ACCORDING TO THE PROVISIONS OF ITS CONSTITUTION OR SET OF BYLAWS
IF THE PARTY SATISFIES THE REQUIREMENTS OF SECTION 141302
OR ANY ONE OF THE FOLLOWING CONDITIONS:
(a) ANY OF ITS CANDIDATES FOR ANY OFFICE
VOTED ON STATEWIDE IN EITHER OF THE LAST TWO PRECEDING GENERAL
ELECTIONS RECEIVED AT LEAST FIVE PERCENT OF THE TOTAL VOTES CAST
FOR SUCH OFFICE;
(b) ONE THOUSAND OR MORE REGISTERED ELECTORS
ARE AFFILIATED WITH THE MINOR POLITICAL PARTY PRIOR TO JULY 1
OF THE ELECTION YEAR FOR WHICH THE MINOR POLITICAL PARTY SEEKS
TO NOMINATE CANDIDATES.
(2) A MINOR POLITICAL PARTY SHALL CONTINUE
TO BE QUALIFIED AS A MINOR POLITICAL PARTY IF:
(a) A CANDIDATE OF THE PARTY FOR STATEWIDE
OFFICE HAS RECEIVED AT LEAST ONE PERCENT OF THE TOTAL VOTES CAST
FOR ANY STATEWIDE OFFICE IN EITHER OF THE LAST TWO PRECEDING GENERAL
ELECTIONS; OR
(b) ONE THOUSAND OR MORE REGISTERED ELECTORS
ARE AFFILIATED WITH THE MINOR POLITICAL PARTY PRIOR TO JULY 1
IN EITHER OF THE LAST TWO PRECEDING GENERAL ELECTIONS FOR WHICH
THE PARTY SEEKS TO NOMINATE CANDIDATES.
(3) NOTHING IN THIS SECTION SHALL BE CONSTRUED
TO PREVENT A MINOR POLITICAL PARTY NOT MEETING THE CONDITIONS
SET FORTH IN SUBSECTION (1) OF THIS SECTION FROM PLACING CANDIDATES
ON THE BALLOT BY A PETITION TO NOMINATE UNAFFILIATED CANDIDATES
UNDER SECTION 14802.
141304. Nomination of candidates.
(1) A MINOR POLITICAL PARTY MAY NOMINATE CANDIDATES
IN ACCORDANCE WITH SECTIONS 14302, 14402
(1) (a), AND 14502 (1) AND THIS ARTICLE.
(2) NOMINATIONS BY A MINOR POLITICAL PARTY,
TO BE VALID, SHALL BE MADE IN ACCORDANCE WITH THE PARTY'S CONSTITUTION
OR SET OF BYLAWS. NO NOMINATION UNDER THIS SECTION SHALL BE VALID
FOR ANY GENERAL ELECTION HELD AFTER JANUARY 1, 1999, UNLESS THE
NOMINEE:
(a) IS A REGISTERED ELECTOR;
(b) HAS BEEN AFFILIATED FOR A PERIOD OF
TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE OF NOMINATION WITH
THE MINOR POLITICAL PARTY THAT IS MAKING THE NOMINATION AS SHOWN
IN THE REGISTRATION BOOKS OF THE COUNTY CLERK AND RECORDER; AND
(c) HAS NOT BEEN REGISTERED AS A MEMBER
OF A MAJOR POLITICAL PARTY FOR AT LEAST TWELVE MONTHS PRIOR TO
THE DATE OF NOMINATION.
(3) ANY MINOR POLITICAL PARTY NOMINATING
CANDIDATES IN ACCORDANCE WITH THIS PART 13 SHALL FILE A CERTIFICATE
OF DESIGNATION WITH THE DESIGNATED ELECTION OFFICIAL NO LATER
THAN THE TWENTYEIGHTH DAY PRIOR TO THE PRIMARY ELECTION.
THE CERTIFICATE OF DESIGNATION SHALL STATE THE NAME OF THE OFFICE
FOR WHICH EACH PERSON IS A CANDIDATE AND THE CANDIDATE'S NAME
AND ADDRESS, SHALL DESIGNATE IN NOT MORE THAN THREE WORDS THE
NAME OF THE MINOR POLITICAL PARTY THAT THE CANDIDATE REPRESENTS,
AND SHALL CERTIFY THAT THE CANDIDATE IS A MEMBER OF THE MINOR
POLITICAL PARTY. THE CANDIDATE'S PARTY AFFILIATION AS SHOWN ON
THE REGISTRATION BOOKS OF THE COUNTY CLERK AND RECORDER IS PRIMA
FACIE EVIDENCE OF PARTY MEMBERSHIP.
(4) ANY PERSON NOMINATED IN ACCORDANCE
WITH THIS PART 13 SHALL FILE A WRITTEN ACCEPTANCE WITH THE DESIGNATED
ELECTION OFFICIAL BY MAIL OR HAND DELIVERY. THE WRITTEN ACCEPTANCE
MUST BE POSTMARKED OR RECEIVED BY THE DESIGNATED ELECTION OFFICIAL
WITHIN TEN BUSINESS DAYS AFTER THE FILING OF THE CERTIFICATE OF
DESIGNATION REQUIRED UNDER SUBSECTION (3) OF THIS SECTION. IF
AN ACCEPTANCE IS NOT FILED WITHIN THE SPECIFIED TIME, THE CANDIDATE
SHALL BE DEEMED TO HAVE DECLINED THE NOMINATION.
(5) NOTHING IN THIS PART 13 SHALL BE CONSTRUED
TO ALLOW A MINOR POLITICAL PARTY TO NOMINATE MORE THAN ONE CANDIDATE
FOR ANY ONE OFFICE.
141305. Disqualification
of minor political party. (1) IN
THE EVENT A MINOR POLITICAL PARTY CEASES TO QUALIFY AS SUCH A
PARTY PURSUANT TO SECTION 141303 (2) AND FAILS TO
SUBSEQUENTLY QUALIFY AS SUCH A PARTY PURSUANT TO SECTION 141303,
THE SECRETARY OF STATE SHALL NOTIFY THE CHAIRPERSON OF SUCH PARTY
AND THE CLERK AND RECORDER OF EACH COUNTY OF SUCH DISQUALIFICATION.
(2) SUCH NOTICE OF DISQUALIFICATION SHALL
BE PROVIDED BY THE SECRETARY OF STATE TO THE CHAIRPERSON OF THE
MINOR POLITICAL PARTY AND TO EACH CLERK AND RECORDER NO LATER
THAN JULY 1 OF AN ELECTION YEAR IN WHICH A MINOR POLITICAL PARTY
MAY QUALIFY CANDIDATES FOR THE BALLOT. NO CERTIFICATE OF DESIGNATION
OF CANDIDATES PURSUANT TO SECTION 141304 (3) SHALL
BE ACCEPTED BY THE SECRETARY OF STATE FROM THE MINOR POLITICAL
PARTY FOR THE ELECTION FOR WHICH SUCH PARTY HAS CEASED TO QUALIFY.
(3) UPON NOTIFICATION OF DISQUALIFICATION
OF A MINOR POLITICAL PARTY, EACH REGISTERED ELECTOR THAT IS AFFILIATED
WITH SUCH MINOR POLITICAL PARTY SHALL BE DESIGNATED ON THE REGISTRATION
BOOKS OF THE COUNTY CLERK AND RECORDER AS "UNAFFILIATED".
SECTION 2. 11104
(22), (23), and (25), Colorado Revised Statutes, are amended to
read:
11104. Definitions. As
used in this code, unless the context otherwise requires:
(22) "Major political party"
means one of the two
ANY political parties whose candidate
for governor PARTY THAT at the last
preceding gubernatorial election received
the first and second greatest number of votes
WAS REPRESENTED ON THE OFFICIAL BALLOT EITHER BY POLITICAL PARTY
CANDIDATES OR BY INDIVIDUAL NOMINEES AND WHOSE CANDIDATE AT THE
LAST PRECEDING GUBERNATORIAL ELECTION RECEIVED AT LEAST TEN PERCENT
OF THE TOTAL GUBERNATORIAL VOTES CAST.
(23) "Minor political party"
means a political party other than a major political party THAT
SATISFIES ONE OF THE CONDITIONS SET FORTH IN SECTION 141303
(1) OR HAS SUBMITTED A PETITION IN ACCORDANCE WITH SECTION 141302.
(25) "Political party" means
any political organization whose candidate
at the last preceding gubernatorial election received at least
ten percent of the total gubernatorial vote cast
EITHER A MAJOR POLITICAL PARTY OR A MINOR POLITICAL PARTY.
SECTION 3. Article
3 of title 1, Colorado Revised Statutes, is amended BY THE ADDITION
OF A NEW SECTION to read:
13100.3. Definition. AS
USED IN THIS ARTICLE:
(1) "POLITICAL PARTY" MEANS
A MAJOR POLITICAL PARTY AS DEFINED IN SECTION 11104
(22).
SECTION 4. 14101
(1), (2), and (3), Colorado Revised Statutes, are amended to read:
14101. Primary election
nominations made. (1) A primary
election shall be held at the regular polling places in each precinct
on the second Tuesday of August in evennumbered years to
nominate candidates of MAJOR political parties to be voted for
at the succeeding general election. ONLY A MAJOR POLITICAL PARTY,
AS DEFINED IN SECTION 11104 (22), SHALL BE ENTITLED
TO NOMINATE CANDIDATES IN A PRIMARY ELECTION.
(2) Each MAJOR political party is entitled
to participate in the primary election and shall have a separate
party ballot. The primary election of all MAJOR political parties
shall be held at the same time and at the same polling places
and shall be conducted by the same election officials.
(3) All nominations by MAJOR political
parties for candidates for United States senator, representative
in congress, all elective state, district, and county officers,
and members of the general assembly shall be made by primary elections.
Neither the secretary of state nor any county clerk and recorder
shall place on the official general election ballot the name of
any person as a candidate of any MAJOR political party who has
not been nominated in accordance with the provisions of this article,
or who has not been affiliated with the MAJOR political party
for at least twelve months unless otherwise provided by law, or
who does not meet residency requirements for the office, if any.
The information found on the voter registration record of the
person seeking to be placed on the ballot is admissible as prima
facie evidence of compliance with this article.
SECTION 5. 14104,
Colorado Revised Statutes, is amended to read:
14104. Party nominees. Candidates
voted on for offices at primary elections who receive a plurality
of the votes cast shall be the respective party nominees for the
respective offices. If more than one office of the same kind
is to be filled, the number of candidates equal to the number
of offices to be filled receiving the highest number of votes
shall be the nominees of the MAJOR political party for the offices.
The names of the nominees shall be printed on the official ballot
prepared for the ensuing general election.
SECTION 6. 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, district
attorney, and all county officers to be elected at the general
election may be made either
by primary election BY MAJOR POLITICAL PARTIES, or
by petition for nomination of an unaffiliated candidate as provided
in section 14802, OR BY A MINOR POLITICAL PARTY AS
PROVIDED IN SECTION 141304 (2).
SECTION 7. 14601,
Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW
SUBSECTION to read:
14601. Designation of candidates
for primary election. (5) AS
USED IN THIS SECTION, "POLITICAL PARTY" MEANS A MAJOR
POLITICAL PARTY AS DEFINED IN SECTION 11104 (22).
SECTION 8. 14603,
Colorado Revised Statutes, is amended to read:
14603. Designation of major
political party candidates by petition. Candidates
for MAJOR political party nominations may be placed on the primary
election ballot by petition, as provided in part 8 of this article.
SECTION 9. 141002
(5), Colorado Revised Statutes, is amended, and the said 141002
is further amended BY THE ADDITION OF THE FOLLOWING NEW SUBSECTIONS,
to read:
141002. Vacancies in designation
or nomination. (4.5) ANY VACANCY
IN A NOMINATION FOR A MINOR POLITICAL PARTY CANDIDATE OCCURRING
AFTER THE FILING OF THE CERTIFICATE OF DESIGNATION PURSUANT TO
SECTION 141304 (3) AND MORE THAN FIFTYFIVE DAYS
BEFORE THE GENERAL OR CONGRESSIONAL VACANCY ELECTION, WHICH IS
CAUSED BY THE DECLINATION, DEATH, OR WITHDRAWAL OF ANY PERSON
NOMINATED BY THE MINOR POLITICAL PARTY, MAY BE FILLED BY THE PERSON
OR PERSONS DESIGNATED IN THE CONSTITUTION OR BYLAWS OF THE MINOR
POLITICAL PARTY TO FILL VACANCIES.
(5) (a) The persons designated to
fill any of the vacancies in subsections (1) to (4)
(4.5) 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)
(4.5) 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.
(7.5) ANY VACANCY IN A STATEWIDE OR COUNTY
OFFICE, IN THE OFFICE OF DISTRICT ATTORNEY, OR IN THE OFFICE OF
A STATE SENATOR OCCURRING DURING A TERM OF OFFICE SHALL BE FILLED
AT THE NEXT GENERAL ELECTION WITH NOMINATION OR DESIGNATION BY
A MINOR POLITICAL PARTY PURSUANT TO THE CONSTITUTION OR BYLAWS
OF THE MINOR POLITICAL PARTY.
SECTION 10. 141201,
Colorado Revised Statutes, is amended to read:
141201. Definitions. As
used in this part 12, unless the context otherwise requires:
(1) "POLITICAL PARTY" MEANS
A MAJOR POLITICAL PARTY AS DEFINED IN SECTION 11104
(22).
(2) "Presidential primary election"
means a primary election conducted pursuant to section 141202.
SECTION 11. 15404,
Colorado Revised Statutes, is amended to read:
15404. Arrangement of names
on ballots for partisan elections. (1) In
all partisan elections, the names of all candidates and joint
candidates who have been duly nominated for office shall be arranged
on the ballot under the designation of the office in two
THREE groups AS FOLLOWS:
(a) The names of the candidates of the
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 vice
president and the joint candidates for governor and lieutenant
governor shall be arranged in the alphabetical order of the names
of the candidates for president and governor.
(b) THE NAMES OF THE CANDIDATES AND JOINT
CANDIDATES OF THE MINOR POLITICAL PARTIES SHALL BE LISTED IN AN
ORDER ESTABLISHED BY LOT AND SHALL COMPRISE THE SECOND GROUP;
EXCEPT THAT THE JOINT CANDIDATES FOR PRESIDENT AND VICE PRESIDENT
AND THE JOINT CANDIDATES FOR GOVERNOR AND LIEUTENANT GOVERNOR
SHALL BE ARRANGED IN THE ALPHABETICAL ORDER OF THE NAMES OF THE
CANDIDATES FOR PRESIDENT AND GOVERNOR.
(c) The names of the candidates and joint
candidates of the remaining political
parties or political organizations
shall be listed in an order established by lot and shall comprise
the second
THIRD group; except that the joint candidates for president and
vice president and the joint candidates for governor and lieutenant
governor shall be arranged in the alphabetical order of the names
of the candidates for president and governor.
(2) Between July 1 and July 15 of each
election year, the officer in receipt of the original designation,
nomination, or petition of each candidate shall inform the two
major political parties, EACH MINOR POLITICAL PARTY, and the representative
of each political organization on file with the secretary of state
of the time and place of the lotdrawing for offices to appear
on the general election ballot. Ballot positions shall be assigned
to the major political party, MINOR POLITICAL PARTY, or political
organization in the order in which they are drawn. The name of
the candidate shall be inserted on the ballot prior to the ballot
certification.
(3) The arrangement of names on ballots
for congressional vacancy elections shall be established by lot
at any time prior to the certification of ballots for the congressional
vacancy election. The officer in receipt of the original designation,
nomination, or petition of each candidate shall inform the two
major political parties, EACH MINOR POLITICAL PARTY, and the representatives
of each political organization on file with the secretary of state
of the time and place of the lotdrawing for the congressional
election ballot. Ballot positions shall be assigned to the major
political party, MINOR POLITICAL PARTY, or political organization
in the order in which they are drawn.
SECTION 12. 17201
(1), (2), and (5), Colorado Revised Statutes, are amended to read:
17201. Voting at primary
election. (1) Any registered
elector who has declared a MAJOR POLITICAL party affiliation and
who desires to vote for candidates of that party at a primary
election shall write his or her name and address on a form available
at the polling place and give the form to one of the election
judges, who shall clearly and audibly announce the name.
(2) If the name is found on the registration
list, the election judge having charge of the list shall likewise
repeat the elector's name and present the elector with the party
ballot of the MAJOR POLITICAL party affiliation last recorded.
If unaffiliated, the eligible elector shall openly declare to
the election judges the name of the MAJOR political party with
which the elector wishes to affiliate, complete the approved form
for voter registration information changes, and initial the registration
list in the space provided. Declaration of affiliation with a
MAJOR political party shall be separately dated and signed or
dated and initialed by the eligible elector in such manner that
the elector clearly acknowledges that the party affiliation has
been properly recorded. Thereupon, the election judges shall
deliver the appropriate party ballot to the eligible elector.
Eligible electors who decline to state a MAJOR POLITICAL party
affiliation shall not be entitled to vote at the primary election.
(5) Instead of voting for a candidate
whose name is printed on the party ballot, an elector may cast
a writein vote for any eligible candidate who is a member
of the MAJOR political party and who has filed an affidavit of
intent of writein candidacy pursuant to section 141101.
When no candidate has been designated by an assembly or by petition,
a writein candidate for nomination by any MAJOR political
party must receive at least the number of votes at any primary
election that is required by section 14801 (2) to
become designated as a candidate by petition.
SECTION 13. 17202,
Colorado Revised Statutes, is amended to read:
17202. Count and certification. As
soon as the polls are closed, the election judges shall count
the total number of ballots cast and shall then count all the
ballots for each MAJOR political party separately, using the accounting
forms furnished in accordance with section 17203 and
continuing until the count is completed. In no case shall party
ballots be intermingled. After all ballots have been counted,
the election judges shall certify the number of votes cast according
to the method designated for the type of voting equipment used.
SECTION 14. 17203,
Colorado Revised Statutes, is amended to read:
17203. Accounting forms. The
county clerk and recorder shall furnish each precinct with two
sets of accounting forms for each MAJOR political party having
candidates at the primary election. The forms shall be furnished
at the same time and in the same manner as ballots. All accounting
forms shall have the proper party designation at the top thereof
and shall state the precinct, county, and date of the primary
election. The secretary of state shall prescribe the accounting
forms to be used.
SECTION 15. 112203
(1) and (3), Colorado Revised Statutes, are amended to read:
112203. Vacancies in general
assembly. (1) In the event
of a vacancy in the general assembly caused by the death or resignation
of a member who has been sworn into office or caused by the death
or resignation of a member who has been elected to a seat but
who has not yet been sworn into office, the vacancy shall be filled
by the appropriate vacancy committee, if any, as provided in section
13103 (1) (d), of the same political party and of
the same representative or senatorial district represented by
the former member whose seat is vacant. IF THE MEMBER WAS AFFILIATED
WITH A MINOR POLITICAL PARTY, THEN THE VACANCY SHALL BE FILLED
BY THE VACANCY COMMITTEE DESIGNATED IN THE CONSTITUTION OR BYLAWS
OF THE MINOR POLITICAL PARTY. If the member was unaffiliated
with a political party, then the vacancy shall be filled by the
vacancy committee designated on the petition for nomination pursuant
to section 14802 (1) (e). The vacancy shall be filled
until the next general election after the vacancy occurs, when
the vacancy shall be filled by election.
(3) The vacancy committee, by a majority
vote of its members present and voting at a meeting called for
that purpose, shall select a person who possesses the constitutional
qualifications for a member of the general assembly and who is
affiliated with the same political party OR MINOR POLITICAL PARTY,
if any, shown on the registration books of the county clerk and
recorder as the former member whose seat is vacant. No meeting
shall be held until a quorum is present consisting of twothirds
of the voting membership of the vacancy committee. No member
of the vacancy committee may vote by proxy. The committee shall
certify the selection to the secretary of state within ten days
from the date the vacancy occurs. If the vacancy committee fails
to certify a selection within ten days, the governor, within five
days, shall fill the vacancy by appointing a person having the
qualifications set forth in this subsection (3). The name of
the person selected or appointed shall be certified to the secretary
of state, who shall certify the name to the appropriate house
of the general assembly. The person, after having qualified and
taken the oath of office, shall immediately assume the duties
of office and shall serve until the next convening of the general
assembly following the election certification and qualification
of a successor.
SECTION 16. 112206
(5), Colorado Revised Statutes, is amended, and the said 112206
is further amended BY THE ADDITION OF A NEW SUBSECTION, to read:
112206. Vacancies in the
office of county commissioner. (4.5) IF
THE VACATING COMMISSIONER IS AFFILIATED WITH A MINOR POLITICAL
PARTY, THEN A REGISTERED ELECTOR AFFILIATED WITH THE SAME MINOR
POLITICAL PARTY SHALL BE APPOINTED AS THE SUCCESSOR PURSUANT TO
THE CONSTITUTION OR BYLAWS OF THE MINOR POLITICAL PARTY.
(5) Any person appointed to a vacancy
in the office of county commissioner under this section shall
be a resident of the county and reside within the district, if
any, in which the vacancy exists and shall be a member of the
same political party OR MINOR POLITICAL PARTY, if any, shown on
the registration books of the county clerk and recorder as the
vacating commissioner. Any person appointed pursuant to this
section shall hold the office until the next general election
or until the vacancy is filled by election according to law.
SECTION 17. No appropriation. The
general assembly has determined that this act can be implemented
within existing appropriations, and therefore no separate appropriation
of state moneys is necessary to carry out the purposes of this
act.
SECTION 18. Applicability. The
provisions of this act shall apply to minor political parties
existing on or after the effective date of this act.
SECTION 19. 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.
____________________________ ____________________________
Charles E. Berry Tom Norton
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Judith M. Rodrigue Patricia K. Dicks
CHIEF CLERK OF THE HOUSE ASSISTANT SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE
OF COLORADO