BY REPRESENTATIVE Dean;
also SENATOR Lacy.
CONCERNING ELECTIONS.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. Article
40 of title 1, Colorado Revised Statutes, is amended BY THE ADDITION
OF A NEW SECTION to read:
140134. Withdrawal of initiative
petition. THE DESIGNATED REPRESENTATIVES
OF THE PROPONENTS OF AN INITIATIVE PETITION MAY WITHDRAW THE PETITION
FROM CONSIDERATION AS A BALLOT ISSUE BY FILING A LETTER WITH THE
SECRETARY OF STATE REQUESTING THAT THE PETITION NOT BE PLACED
ON THE BALLOT. THE LETTER SHALL BE SIGNED AND ACKNOWLEDGED BY
BOTH DESIGNATED REPRESENTATIVES BEFORE AN OFFICER AUTHORIZED TO
TAKE ACKNOWLEDGMENTS AND SHALL BE FILED NO LATER THAN THIRTYTHREE
DAYS PRIOR TO THE ELECTION AT WHICH THE INITIATIVE IS TO BE VOTED
UPON.
SECTION 2. 145104
(13) (a) (II), Colorado Revised Statutes, is amended to read:
145104. Contribution limits.
(13) (a) No professional lobbyist, volunteer
lobbyist, or principal of a professional lobbyist or volunteer
lobbyist shall make or promise to make a contribution to, or solicit
or promise to solicit a contribution for:
(II) (A) The governor or a candidate
for governor when the general assembly is in regular session or
when any measure adopted by the general assembly in a regular
session is pending before the governor for approval or disapproval;
OR
(B) THE LIEUTENANT GOVERNOR, THE SECRETARY
OF STATE, THE STATE TREASURER, THE ATTORNEY GENERAL, OR A CANDIDATE
FOR ANY OF SUCH OFFICES WHEN THE GENERAL ASSEMBLY IS IN REGULAR
SESSION.
SECTION 3. 145113,
Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW
SUBSECTION to read:
145113. Sanctions.
(6) (a) ANY INDIVIDUAL VOLUNTEERING HIS OR HER
TIME ON BEHALF OF A CANDIDATE OR CANDIDATE COMMITTEE SHALL BE
IMMUNE FROM CRIMINAL PROSECUTION OF A CLASS 2 MISDEMEANOR DESCRIBED
IN SUBSECTION (1) OF THIS SECTION AND FROM ANY LIABILITY FOR A
FINE OR PENALTY IMPOSED PURSUANT TO THIS SECTION IN ANY PROCEEDING
THAT IS BASED ON AN ACT OR OMISSION OF SUCH VOLUNTEER IF:
(I) THE VOLUNTEER WAS ACTING IN GOOD FAITH
AND WITHIN THE SCOPE OF SUCH VOLUNTEER'S OFFICIAL FUNCTIONS AND
DUTIES FOR THE CANDIDATE OR CANDIDATE COMMITTEE; AND
(II) THE VIOLATION WAS NOT CAUSED BY WILLFUL
AND INTENTIONAL MISCONDUCT BY SUCH VOLUNTEER.
(b) PARAGRAPH (a) OF THIS SUBSECTION (6)
SHALL BE ADMINISTERED IN A MANNER THAT IS CONSISTENT WITH THE
LEGISLATIVE DECLARATION SET FORTH IN SECTION 145102.
SECTION 4. 13102
(1), Colorado Revised Statutes, is amended 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 OR EXECUTIVE COMMITTEE of each political
party on the first Tuesday in April in each evennumbered
year, which day shall be known as "precinct caucus day".
SECTION 5. 14602
(1), Colorado Revised Statutes, is amended to read:
14602. Delegates to party
assemblies. (1) (a) County
assemblies shall be held not less than ten days nor more than
thirty days after precinct caucuses held on the first Tuesday
in April. The county central committee OR EXECUTIVE COMMITTEE
shall fix the number of delegates from each precinct to participate
in the county assembly pursuant to the procedure for the selection
of delegates contained in the state party central committee's
bylaws or rules. The persons receiving the highest number of
votes at the precinct caucus shall be the delegates to the county
assembly from the precinct. If two or more candidates receive
an equal number of votes for the last available place in the election
of delegates to county assemblies at the precinct caucuses, the
delegate shall be determined by lot by the candidates. Except
as provided in subsections (2) and (6) of this section, delegates
to all other party assemblies shall be selected by the respective
county assemblies from among the members of the county assemblies
pursuant to the state party central committee's bylaws or rules.
(b) In determining the number of delegates
from precincts which have been created or split since the previous
general election, the county central committee OR EXECUTIVE COMMITTEE
may allocate delegates based on the number of registered voters
affiliated with the political party, pursuant to the state party
central committee's bylaws or rules.
SECTION 6. 14801
(2) (a), (2) (b), and (2) (c), Colorado Revised Statutes, 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 ELIGIBLE TO VOTE 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 CONTESTED OR UNCONTESTED 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 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 CONTESTED OR UNCONTESTED 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.
(c) (I) (A) Every petition in
the case of a candidate 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.
(B) THIS SUBPARAGRAPH (I) IS REPEALED,
EFFECTIVE JANUARY 1, 1999.
(II) ON AND AFTER JANUARY 1, 1999, EVERY
PETITION IN THE CASE OF A CANDIDATE FOR AN OFFICE TO BE FILLED
BY VOTE OF THE ELECTORS OF THE ENTIRE STATE SHALL BE SIGNED BY
AT LEAST ONE THOUSAND FIVE HUNDRED ELIGIBLE ELECTORS IN EACH CONGRESSIONAL
DISTRICT.
SECTION 7. 14905
(1), Colorado Revised Statutes, is amended to read:
14905. Circulators.
(1) No eligible elector shall be eligible to circulate
any petition unless the elector is eligible to vote in the political
subdivision in which the petition is being circulated and, for
partisan candidates, has been
IS affiliated with the political party mentioned in the petition
for at least two months prior to the
date of filing the petition AT THE
TIME THE PETITION IS CIRCULATED, as shown by the registration
books of the county clerk and recorder.
SECTION 8. 15101,
Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW
SUBSECTION to read:
15101. Establishing precincts
and polling places for partisan elections.
(6) A PRECINCT CONTAINING NO MORE THAN ONE HUNDRED
FIFTY ELECTORS MAY BE DESIGNATED AS AN ABSENTEE POLLING PRECINCT
AT THE DISCRETION OF THE ELECTION OFFICIAL FOR SUCH PRECINCT.
SECTION 9. 140107
(2), Colorado Revised Statutes, is amended to read:
140107. Rehearing
appeal fees signing. (2) If
any person who filed a motion for a rehearing pursuant to subsection
(1) of this section is overruled by the title board, then the
secretary of state shall furnish such person, upon request, a
certified copy of the petition with the titles, submission clause,
and summary of the proposed law or constitutional amendment, together
with a certified copy of the motion for rehearing and of the ruling
thereon. If filed with the clerk of the supreme court within
five days thereafter, the matter shall be docketed
as a cause there pending, which shall be placed at the head of
the calendar and disposed of summarily,
DISPOSED OF PROMPTLY, CONSISTENT WITH THE RIGHTS OF THE PARTIES,
either affirming the action of the title board or reversing it,
in which latter case the court shall remand it with instructions,
pointing out where the title board is in error.
SECTION 10. 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