This information is prepared as an informational service only and should not be relied upon as an official record of action taken by the Colorado General Assembly.
Sixty-first General Assembly
LLS NO. 980269.01 MKH
SENATE BILL 98017
STATE OF COLORADO
BY SENATOR Mutzebaugh;
also REPRESENTATIVE Adkins.
STATE, VETERANS & MILITARY AFFAIRS
REENGROSSED
A BILL FOR AN ACT
CONCERNING REQUIREMENTS FOR FILLING VACANCIES IN
ELECTED OFFICES.
Bill Summary
(Note: This summary applies to this bill as introduced
and does not necessarily reflect any amendments that may be subsequently
adopted.)
Sets forth residency and party affiliation requirements for persons appointed to fill vacancies in the following offices:
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. 112203 (3), Colorado Revised Statutes, is amended to read:
112203. Vacancies in general
assembly. (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, if any, shown on the registration books of the county clerk
and recorder as the former member whose seat is vacant FOR AT
LEAST TWELVE CONSECUTIVE MONTHS IMMEDIATELY PRECEDING THE OCCURRENCE
OF THE VACANCY. 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 TWENTY
days from the date the vacancy occurs. If the vacancy committee
fails to certify a selection within ten
TWENTY
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 2. 112204, Colorado Revised Statutes, is amended to read:
112204. Vacancies in state and district offices. (1) All vacancies in any state office and in the office of district attorney shall be filled by appointment by the governor until the next general election after the vacancy occurs, when the vacancy shall be filled by election.
(2) ANY PERSON APPOINTED TO A VACANCY IN ANY STATE OFFICE SHALL BE:
(a) A RESIDENT OF THIS STATE FOR AT LEAST TWELVE CONSECUTIVE MONTHS IMMEDIATELY PRECEDING THE OCCURRENCE OF THE VACANCY; AND
(b) A MEMBER OF THE SAME POLITICAL PARTY, IF ANY, SHOWN ON THE REGISTRATION BOOKS OF THE COUNTY CLERK AND RECORDER AS THE VACATING OFFICER FOR AT LEAST TWELVE CONSECUTIVE MONTHS IMMEDIATELY PRECEDING THE OCCURRENCE OF THE VACANCY.
(3) ANY PERSON APPOINTED TO A VACANCY IN THE OFFICE OF DISTRICT ATTORNEY SHALL BE A MEMBER OF THE SAME POLITICAL PARTY, IF ANY, SHOWN ON THE REGISTRATION BOOKS OF THE COUNTY CLERK AND RECORDER AS THE VACATING DISTRICT ATTORNEY FOR AT LEAST TWELVE CONSECUTIVE MONTHS IMMEDIATELY PRECEDING THE OCCURRENCE OF THE VACANCY.
SECTION 3. 112205, Colorado Revised Statutes, is amended to read:
112205. Vacancies in county offices. (1) All vacancies in any county office, except that of county commissioner, shall be filled by appointment by the board of county commissioners of the county in which the vacancy occurs, until the next general election, at which time the vacancy shall be filled by election.
(2) ANY PERSON APPOINTED TO A VACANCY IN ANY COUNTY OFFICE SHALL BE:
(a) A RESIDENT OF THE COUNTY FROM WHICH THE VACATING OFFICER WAS ELECTED FOR AT LEAST TWELVE CONSECUTIVE MONTHS IMMEDIATELY PRECEDING THE OCCURRENCE OF THE VACANCY; AND
(b) A MEMBER OF THE SAME POLITICAL PARTY, IF ANY, SHOWN ON THE REGISTRATION BOOKS OF THE COUNTY CLERK AND RECORDER AS THE VACATING OFFICER FOR AT LEAST TWELVE CONSECUTIVE MONTHS IMMEDIATELY PRECEDING THE OCCURRENCE OF THE VACANCY, EXCEPT AND IF A COUNTY WITH A POPULATION OF 2500 OR LESS THE BOARD OF COUNTY COMMISSIONERS MAY WAIVE THE REQUIREMENT THAT THE VACANCY BE FILLED BY A RESIDENT OF THE COUNTY, BUT ONLY AFTER CERTIFICATION BY A RESOLUTION THAT NO QUALIFIED CANDIDATE RESIDES IN THE COUNTY.
SECTION 4. 112206 (5), Colorado Revised Statutes, is amended to read:
112206. Vacancies in the office of county commissioner. (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 FOR AT LEAST TWELVE CONSECUTIVE MONTHS IMMEDIATELY PRECEDING THE OCCURRENCE OF THE VACANCY and shall be a member of the same political party, if any, shown on the registration books of the county clerk and recorder as the vacating commissioner FOR AT LEAST TWELVE CONSECUTIVE MONTHS IMMEDIATELY PRECEDING THE OCCURRENCE OF THE VACANCY. 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 5. Applicability. The provisions of this act shall apply to vacancies filled on and after the effective date of this act.
SECTION 6. Effective date. This act shall take effect at 12:01 a.m. on the day following the expiration of the ninetyday period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution; except that, if a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor.