First Regular Session
Sixty-second General Assembly
LLS NO. 99-0281.01 Jason Gelender HOUSE BILL 99-1084
STATE OF COLORADO
BY REPRESENTATIVE Berry;
also SENATOR Reeves.
STATE, VETERANS, & MILITARY AFFAIRS
A BILL FOR AN ACT
101 CONCERNING CERTIFICATION OF BALLOTS.
Bill Summary
(Note: This summary applies to this bill as introduced and does
not necessarily reflect any amendments that may be subsequently
adopted.)
Requires the secretary of state to certify primary and general
election ballots to the county clerk and recorder of each county no later
than 55 days prior to a primary or general election. Requires the secretary
of state to send certificates to the county clerk and recorder by facsimile
transmission and registered mail. For primary elections, requires the
certificates to specify the offices and candidates to be voted upon in each
county rather than listing all such offices and candidates to be voted on
in the state. For general elections, requires the certificates to specify the
national offices, state offices, and district offices of state concern to be
voted upon in each county rather than listing all such offices to be voted
on in the state. Eliminates review of the certificates by each county clerk
and recorder and makes the secretary of state solely responsible for the
accuracy of the information contained in the certificates.
Requires the secretary of state to provide notice of any general or
congressional vacancy election to fill a vacancy for an unexpired term in
any national office, state office, or district office of state concern no later
than 55 days prior to the election.
Makes the requirement that the designated election official of each
political subdivision of the state that intends to conduct an election certify
the order of the ballot and ballot content to the county clerk and recorder
of each county that has territory within the political subdivision no later
than 55 days before the election applicable to partisan, as well as
nonpartisan, elections. Requires the secretary of state to certify the order
of the ballot and ballot content with respect to statewide ballot issues to
[ ] denotes HOUSE amendment. { } denotes SENATE amendment.
Capital letters indicate new material to be added to existing statute.
Dashes through the words indicate material to be deleted from existing statute.
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all county clerks and recorders no later than 55 days prior to the election
at which such issues will be voted upon.
Makes the state or any political subdivision of the state that
certifies the order of the ballot and ballot content for an election solely
responsible for the accuracy of the information contained in the
certificate. States that any errors in the certificate that can be corrected
pursuant to statute shall be corrected at the expense of the state or the
political subdivision whose designated election official issued the
defective certificate.
States that the name of a candidate that a court determines does not
meet the qualifications for the office for which the candidate has been
certified to the ballot shall remain on the ballot, and that votes cast for the
candidate shall not be counted.
1 Be it enacted by the General Assembly of the State of Colorado:
2 SECTION 1. 1-5-203, Colorado Revised Statutes, is amended to
3 read:
4 1-5-203. Certification of ballot. (1) At least fifty NO LATER
5 THAN FIFTY-FIVE days before any general election, the secretary of state
6 shall make and deliver or transmit BY FACSIMILE TRANSMISSION AND
7 REGISTERED MAIL to the county clerk and recorder of each county a notice
8 CERTIFICATE in writing specifying the national and state officers and the
9 district officers of state concern to be elected FOR WHOM SOME OR ALL OF
10 THE ELIGIBLE ELECTORS OF THE COUNTY ARE ENTITLED TO CAST BALLOTS
11 at the general election. The notice CERTIFICATE shall include the name
12 and party or other designation of each candidate FOR WHOM SOME OR ALL
13 OF THE ELIGIBLE ELECTORS OF THE COUNTY ARE ENTITLED TO CAST
14 BALLOTS AND for whom a petition or certificate of nomination has been
15 filed with the secretary of state, the name and party of each SUCH
16 candidate nominated at the primary election for a national or state office
17 or a district office of state concern, and the order of the ballot and the
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1 ballot content for the election. With regard to the election of members to
2 the general assembly, the notice shall also specify the district number and
3 the names of the members whose terms of office will expire. Upon
4 receiving the certified notice, each county clerk and recorder shall review
5 the ballot and indicate in writing within five days of the receipt of the
6 notice whether the ballot is accurate as printed or whether corrections are
7 required. THE SECRETARY OF STATE SHALL BE SOLELY RESPONSIBLE FOR
8 THE ACCURACY OF THE INFORMATION CONTAINED IN THE CERTIFICATE.
9 (2) When there is a vacancy for an unexpired term in any national
10 or state office or a district office of state concern which is by law to be
11 filled at any general or congressional vacancy election, the secretary of
12 state, at least fifty NO LATER THAN FIFTY-FIVE days prior to the election,
13 shall give notice in writing by publishing a notice in at least one
14 newspaper of general circulation in the state or in the congressional
15 district in which the vacancy is to be filled. The notice shall specify the
16 office in which the vacancy exists, the cause of the vacancy, the name of
17 the officer in whose office it has occurred, and the time when the term of
18 office will expire.
19 (3) (a) Prior to NO LATER THAN fifty-five days before a
20 nonpartisan ANY election, the designated election official of each political
21 subdivision which THAT intends to conduct an election shall certify the
22 order of the ballot and ballot content to the county clerk and recorder of
23 each county that has territory within the political subdivision. The order
24 of the ballot and ballot content shall include the name and office of each
25 candidate for whom a petition has been filed with the designated election
26 official and any ballot issues or ballot questions to be submitted to the
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1 eligible electors.
2 (b) NO LATER THAN FIFTY-FIVE DAYS BEFORE ANY ELECTION AT
3 WHICH ONE OR MORE BALLOT ISSUES OR BALLOT QUESTIONS ARE TO BE
4 SUBMITTED TO THE ELIGIBLE ELECTORS OF THE ENTIRE STATE, THE
5 SECRETARY OF STATE SHALL CERTIFY THE ORDER OF THE BALLOT AND
6 BALLOT CONTENT WITH RESPECT TO SUCH BALLOT ISSUES OR BALLOT
7 QUESTIONS TO THE COUNTY CLERK AND RECORDER OF EACH COUNTY OF
8 THE STATE.
9 (c) THE STATE OR A POLITICAL SUBDIVISION THAT ISSUES A
10 CERTIFICATE PURSUANT TO THIS SUBSECTION (3) SHALL BE SOLELY
11 RESPONSIBLE FOR THE ACCURACY OF THE INFORMATION IN THE
12 CERTIFICATE. ANY ERROR THAT CAN BE CORRECTED PURSUANT TO THE
13 PROVISIONS OF SECTION 1-5-412 SHALL BE CORRECTED AT THE EXPENSE OF
14 THE POLITICAL SUBDIVISION WHOSE DESIGNATED ELECTION OFFICIAL
15 ISSUED THE DEFECTIVE CERTIFICATE OR AT THE EXPENSE OF THE STATE IF
16 THE SECRETARY OF STATE ISSUED THE DEFECTIVE CERTIFICATE.
17 SECTION 2. 1-5-202 (1), Colorado Revised Statutes, is amended
18 to read:
19 1-5-202. Certificate of presidential primary and primary
20 election by secretary of state and county clerk and recorder. (1) At
21 least NO LATER THAN fifty days before any presidential primary or other
22 AND NO LATER THAN FIFTY-FIVE DAYS BEFORE THE primary election, the
23 secretary of state shall transmit MAKE AND DELIVER BY FACSIMILE
24 TRANSMISSION AND REGISTERED MAIL to each county clerk and recorder
25 a notice CERTIFICATE in writing specifying the offices for which
26 nominations are to be made SOME OR ALL OF THE ELIGIBLE ELECTORS OF
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1 THE COUNTY ARE ENTITLED TO CAST BALLOTS FOR CANDIDATES FOR
2 NOMINATION AT THE PRESIDENTIAL PRIMARY OR OTHER PRIMARY
3 ELECTION. The notice CERTIFICATE shall include a certified list of persons
4 CANDIDATES FOR SUCH OFFICES for whom certificates of designation or
5 petitions have been filed with the secretary of state and the office for
6 which each person is a candidate, together with the other details
7 mentioned in the certificates of designation or petitions, and the order of
8 the ballot for the primary election. THE SECRETARY OF STATE SHALL BE
9 SOLELY RESPONSIBLE FOR THE ACCURACY OF THE INFORMATION
10 CONTAINED IN THE CERTIFICATE.
11 SECTION 3. 1-4-501 (3), Colorado Revised Statutes, is amended
12 to read:
13 1-4-501. Only eligible electors eligible for office. (3) The
14 qualification of any candidate may be challenged by an eligible elector of
15 the political subdivision within five days after the designated election
16 official's statement is issued that certifies the candidate to the ballot. The
17 challenge shall be made by verified petition setting forth the facts alleged
18 concerning the qualification of the candidate and shall be filed in the
19 district court in the county in which the political subdivision is located.
20 The hearing on the qualification of the candidate shall be held in not less
21 than five nor more than ten days after the date the election official's
22 statement is issued that certifies the candidate to the ballot. The court
23 shall hear the testimony and other evidence and, within forty-eight hours
24 after the close of the hearing, determine whether the candidate meets the
25 qualifications for the office for which the candidate has declared. THE
26 NAME OF THE CANDIDATE THAT THE COURT DETERMINES DOES NOT MEET
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1 THE QUALIFICATIONS FOR SUCH OFFICE SHALL REMAIN ON THE BALLOT.
2 THE VOTES CAST FOR THE CANDIDATE SHALL NOT BE COUNTED. Provisions
3 of section 13-17-101, C.R.S., regarding frivolous, groundless, or
4 vexatious actions shall apply to this section.
5 SECTION 4. Safety clause. The general assembly hereby finds,
6 determines, and declares that this act is necessary for the immediate
7 preservation of the public peace, health, and safety.