First Regular Session
Sixty-second General Assembly
LLS NO. 99-0035.01 Jason Gelender HOUSE BILL 99-1148
STATE OF COLORADO
BY REPRESENTATIVES Tool and Witwer
STATE, VETERANS, & MILITARY AFFAIRS
A BILL FOR AN ACT
101 CONCERNING THE NOMINATION OF POLITICAL PARTY CANDIDATES FOR
102 ELECTED OFFICE.
Bill Summary
(Note: This summary applies to this bill as introduced and does
not necessarily reflect any amendments that may be subsequently
adopted.)
Eliminates the 2-month party affiliation requirement for voting at
a precinct caucus, assembly, or convention of a political party or signing
a partisan nomination petition. Reduces the percentage of votes that a
candidate for a political party nomination must receive at a party assembly
to be placed on the ballot for the primary election from 30% to 20%.
Modifies the signature requirements for designation of party candidates
by petition for primary elections.
Modifies various deadlines related to petitions to nominate party
candidates for primary elections and creates a means of curing insufficient
petitions as follows:
Changes the earliest date on which a petition to nominate a
party candidate for a primary election may be circulated
from the first Monday in the April before the primary
election to the 175th day before the primary election;
Changes the date by which such a petition must be filed
from the 66th day before the primary election to the 100th
day before the primary election;
Requires the election official with whom such a petition is
filed to determine the sufficiency of the petition and notify
the candidate named in the petition of such determination
no later than the 92nd day before the primary election;
Allows an insufficient petition to be amended once no later
than 3 p.m. on the 85th day before the primary election;
[ ] 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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Requires the election official with whom an amended
petition is filed to determine the sufficiency of the petition
and notify the candidate named in the petition of such
determination no later than the 78th day before the primary
election.
Allows a protest to be made against a finding that an amended
party candidate nomination petition is insufficient.
Makes conforming amendments.
1 Be it enacted by the General Assembly of the State of Colorado:
2 SECTION 1. 1-3-101 (1), Colorado Revised Statutes, is amended
3 to read:
4 1-3-101. Party affiliation required - residence. (1) No
5 registered elector shall vote at any precinct caucus, assembly, or
6 convention of a political party unless the registered elector has been a
7 resident of the precinct for thirty days and IS affiliated with the political
8 party holding the caucus, assembly, or convention for at least two months
9 as shown on the registration books of the county clerk and recorder.
10 except that any registered elector who has attained the age of eighteen
11 years or who has become a naturalized citizen during the two months
12 immediately preceding the meeting may vote at any caucus, assembly, or
13 convention even though the elector has been affiliated with the political
14 party for less than two months.
15 SECTION 2. 1-3-102 (2) (a), Colorado Revised Statutes, is
16 amended to read:
17 1-3-102. Precinct caucuses. (2) (a) At the time of electing the
18 delegates to the county assembly, the precinct caucus shall also elect two
19 precinct committeepersons. Any person eighteen years of age or older
20 may be a candidate for the office of precinct committeeperson if he or she
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1 has been a resident of the precinct for thirty days and has been IS affiliated
2 with the political party holding the precinct caucus. for a period of at least
3 two months preceding the date of the precinct caucus; except that any
4 person who has attained the age of eighteen years or who has become a
5 naturalized citizen during the two months immediately preceding the
6 precinct caucus may be a candidate for the office of precinct
7 committeeperson even though he or she has been affiliated with the
8 political party for less than two months as shown on the registration book
9 of the county clerk and recorder. The two people receiving the highest
10 number of votes at the caucus for precinct committeeperson shall be
11 elected as the precinct committeepersons of the precinct. If two or more
12 candidates for precinct committeeperson receive an equal and the second
13 highest number of votes, or if three or more candidates receive an equal
14 and the highest number of votes, the election shall be determined by lot
15 by those candidates. The names of the committeepersons elected shall be
16 certified to the county assembly of the political party by the officers of the
17 caucus. All disputes regarding the election of precinct committeepersons
18 shall be determined by the credentials committees of the respective party
19 assemblies. The county assembly shall ratify the list of committeepersons.
20 The presiding officer and secretary of the county assembly shall file a
21 certified list of the names and addresses, by precinct, of those persons
22 elected as precinct committeepersons with the county clerk and recorder
23 within ten days after the date of the county assembly.
24 SECTION 3. 1-4-601 (2), Colorado Revised Statutes, is amended
25 to read:
26 1-4-601. Designation of candidates for primary election.
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1 (2) An assembly shall take no more than two ballots for party candidates
2 for each office to be filled at the next general election. Every candidate
3 receiving thirty TWENTY percent or more of the votes of all duly
4 accredited assembly delegates who are present and voting on that office
5 shall be certified by affidavit of the presiding officer and secretary of the
6 assembly. If no candidate receives thirty TWENTY percent or more of the
7 votes of all duly accredited assembly delegates who are present and
8 voting, a second ballot shall be cast on all the candidates for that office.
9 If on the second ballot no candidate receives thirty TWENTY percent or
10 more of the votes cast, the two candidates receiving the highest number
11 of votes shall be certified as candidates for that office by the assembly.
12 The certificate of designation by assembly shall state the name of the
13 office for which each person is a candidate and the candidate's name and
14 address, shall designate in not more than three words the name of the
15 political party which THAT the candidate represents, and shall certify that
16 the candidate has been a member of the political party for the period of
17 time required by party rule or by law if the party has no such rule. The
18 candidate's party affiliation, as shown on the registration books of the
19 county clerk and recorder, is prima facie evidence of party membership.
20 The certificate of designation shall indicate the order of the vote received
21 at the assembly by candidates for each office, but no assembly shall
22 declare that any one candidate has received the nomination of the
23 assembly. The certificate of designation shall be filed in accordance with
24 section 1-4-604. If two or more candidates receiving designation under the
25 provisions of this subsection (2) have received an equal number of votes,
26 the order of certification of designation shall be determined by lot by the
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1 candidates. The assembly shall select a vacancy committee for vacancies
2 in designation or nomination only.
3 SECTION 4. 1-4-602 (5), Colorado Revised Statutes, is amended
4 to read:
5 1-4-602. Delegates to party assemblies. (5) As used in this
6 section, "delegate" means a person who is a registered elector, has been
7 a resident of the precinct for thirty days prior to the caucus, and has been
8 IS affiliated with the political party holding the caucus for at least two
9 months, as shown on the registration books of the county clerk and
10 recorder. except that any registered elector who has attained the age of
11 eighteen years during the two months immediately preceding the caucus
12 or any registered elector who has become a naturalized citizen during the
13 two months immediately preceding the caucus may be a delegate even
14 though the elector has been affiliated with the political party for less than
15 two months as shown on the registration books of the county clerk and
16 recorder. A delegate who moves from the precinct of residence shall
17 become ineligible to serve as a delegate from that precinct.
18 SECTION 5. 1-4-801 (2) (a), (2) (c) (II), and (5), Colorado
19 Revised Statutes, are amended to read:
20 1-4-801. Designation of party candidates by petition - repeal.
21 (2) The signature requirements for the petition are as follows:
22 (a) Every petition in the case of a candidate for any county office
23 shall be signed by electors eligible to vote within the county commissioner
24 district or political subdivision for which the officer is to be elected. The
25 petition shall require THE LESSER OF EIGHT HUNDRED SIGNERS OR signers
26 equal in number to twenty percent of the votes cast in the political
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1 subdivision at the contested or uncontested primary election for the
2 political party's candidate for the office for which the petition is being
3 circulated or, if there was no primary election, at the last preceding
4 general election for which there was a candidate for the office.
5 (c) (II) On and after January 1, 1999, every petition in the case of
6 a candidate for an THE OFFICE OF UNITED STATES SENATOR SHALL BE
7 SIGNED BY AT LEAST ONE THOUSAND ELIGIBLE ELECTORS IN EACH
8 CONGRESSIONAL DISTRICT AND ANY OTHER office to be filled by vote of
9 the electors of the entire state shall be signed by at least one thousand five
10 hundred EIGHT HUNDRED eligible electors in each congressional district.
11 (5) Party petitions shall not be circulated nor any AND signatures
12 shall not be obtained prior to the first Monday in April ONE HUNDRED
13 SEVENTY-FIFTH DAY BEFORE THE PRIMARY ELECTION. Petitions shall be
14 filed no later than the sixty-sixth ONE-HUNDREDTH day before the primary
15 election.
16 SECTION 6. Article 4 of title 1, Colorado Revised Statutes, is
17 amended BY THE ADDITION OF A NEW PART to read:
18 PART 14
19 PETITIONS FOR POLITICAL PARTY NOMINATIONS
20 1-4-1401. Applicability. THE PROVISIONS OF THIS PART 14 SHALL
21 APPLY ONLY TO PETITIONS FOR CANDIDATES FOR POLITICAL PARTY
22 NOMINATIONS THAT ARE AUTHORIZED BY SECTION 1-4-801.
23 1-4-1402. Designation of petition. A PETITION MAY CONSIST OF
24 ONE OR MORE SHEETS TO BE FASTENED TOGETHER IN THE FORM OF ONE
25 PETITION, BUT EACH SHEET SHALL CONTAIN THE SAME HEADING AND THE
26 SWORN AFFIDAVIT OF THE CIRCULATOR. NO PETITION SHALL CONTAIN THE
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1 NAME OF MORE THAN ONE PERSON FOR THE SAME OFFICE.
2 1-4-1403. Form of petition. (1) THE SIGNATURES TO A PETITION
3 NEED NOT ALL BE APPENDED TO ONE PAPER, BUT NO PETITION SHALL BE
4 LEGAL THAT DOES NOT CONTAIN THE REQUISITE NUMBER OF NAMES OF
5 ELIGIBLE ELECTORS WHOSE NAMES DO NOT APPEAR ON ANY OTHER
6 PETITION PREVIOUSLY FILED FOR THE SAME OFFICE UNDER THE PROVISIONS
7 OF THIS SECTION.
8 (2) AT THE TOP OF EACH PAGE SHALL BE PRINTED IN BOLD-FACED
9 TYPE THE FOLLOWING:
10 "WARNING:
11 IT IS AGAINST THE LAW:
12 FOR ANYONE TO SIGN THIS PETITION WITH ANY NAME
13 OTHER THAN ONE'S OWN OR TO KNOWINGLY SIGN ONE'S
14 NAME MORE THAN ONCE FOR THE SAME CANDIDATE OR TO
15 KNOWINGLY SIGN THE PETITION WHEN NOT A REGISTERED
16 ELECTOR.
17 DO NOT SIGN THIS PETITION UNLESS YOU ARE AN ELIGIBLE
18 ELECTOR. TO BE AN ELIGIBLE ELECTOR YOU MUST BE
19 REGISTERED TO VOTE AND ELIGIBLE TO VOTE IN (NAME OF
20 POLITICAL SUBDIVISION) ELECTIONS.
21 DO NOT SIGN THIS PETITION UNLESS YOU HAVE READ OR
22 HAVE HAD READ TO YOU THE PROPOSED NOMINATION
23 PETITION IN ITS ENTIRETY AND UNDERSTAND ITS
24 MEANING.".
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1 (3) DIRECTLY FOLLOWING THE WARNING IN SUBSECTION (2) OF THIS
2 SECTION SHALL BE PRINTED IN BOLD-FACED TYPE THE FOLLOWING:
3 "PETITION TO NOMINATE (NAME OF PERSON SOUGHT TO
4 BE ELECTED) AS THE CANDIDATE OF THE (NAME OF PARTY)
5 FOR THE OFFICE OF (TITLE OF OFFICE).".
6 1-4-1404. Approval of petition. NO PETITION SHALL BE
7 CIRCULATED UNTIL IT HAS BEEN APPROVED AS MEETING THE REQUIREMENTS
8 OF THIS SECTION AS TO FORM. THE SECRETARY OF STATE OR THE COUNTY
9 CLERK AND RECORDER WITH WHOM THE PETITION IS TO BE FILED SHALL
10 APPROVE OR DISAPPROVE THE PETITION AS TO FORM BY THE CLOSE OF THE
11 SECOND BUSINESS DAY FOLLOWING SUBMISSION OF THE PROPOSED
12 PETITION. THE SECRETARY OF STATE OR COUNTY CLERK AND RECORDER,
13 AS APPLICABLE, SHALL MAIL WRITTEN NOTICE OF THE ACTION TAKEN TO
14 THE PERSON WHO SUBMITTED THE PETITION ON THE DAY THE ACTION IS
15 TAKEN.
16 1-4-1405. Signatures on the petitions. (1) ONLY ELIGIBLE
17 ELECTORS SHALL SIGN PETITIONS.
18 (2) EACH SIGNER SHALL BE AFFILIATED WITH THE POLITICAL PARTY
19 NAMED IN THE PETITION AND SHALL STATE THE FOLLOWING TO THE
20 CIRCULATOR: THAT THE SIGNER IS AFFILIATED WITH THE POLITICAL PARTY
21 NAMED IN THE PETITION; THAT THE SIGNER INTENDS TO VOTE FOR THE
22 CANDIDATE AT THE ENSUING PRIMARY ELECTION; AND THAT THE SIGNER
23 HAS NOT SIGNED ANY OTHER PETITION FOR ANY OTHER CANDIDATE FOR THE
24 SAME OFFICE.
25 (3) UNLESS PHYSICALLY UNABLE, ELECTORS SHALL SIGN THEIR
26 OWN SIGNATURE AND SHALL PRINT THEIR NAMES, THEIR RESPECTIVE
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1 RESIDENCE ADDRESSES, INCLUDING THE STREET NUMBER AND NAME, THE
2 CITY OR TOWN, THE COUNTY, AND THE DATE OF SIGNATURE. EACH
3 SIGNATURE ON A PETITION SHALL BE MADE, TO THE EXTENT POSSIBLE, IN
4 BLACK INK.
5 (4) ANY PERSON, EXCEPT A CIRCULATOR, MAY ASSIST AN ELECTOR
6 WHO IS PHYSICALLY UNABLE TO SIGN THE PETITION IN COMPLETING THE
7 INFORMATION ON THE PETITION AS REQUIRED BY LAW. IMMEDIATELY
8 FOLLOWING THE NAME OF THE DISABLED ELECTOR, THE PERSON PROVIDING
9 ASSISTANCE SHALL BOTH SIGN AND STATE THAT THE ASSISTANCE WAS
10 GIVEN TO THE DISABLED ELECTOR.
11 1-4-1406. Circulators. (1) NO ELIGIBLE ELECTOR SHALL BE
12 ELIGIBLE TO CIRCULATE ANY PETITION UNLESS THE ELECTOR IS ELIGIBLE TO
13 VOTE IN THE POLITICAL SUBDIVISION IN WHICH THE PETITION IS BEING
14 CIRCULATED AND IS AFFILIATED WITH THE POLITICAL PARTY MENTIONED IN
15 THE PETITION AT THE TIME THE PETITION IS CIRCULATED AS SHOWN BY THE
16 REGISTRATION BOOKS OF THE COUNTY CLERK AND RECORDER.
17 (2) TO EACH PETITION SECTION SHALL BE ATTACHED A SIGNED,
18 NOTARIZED, AND DATED AFFIDAVIT EXECUTED BY THE CIRCULATOR OF THE
19 PETITION SECTION THAT SHALL INCLUDE: THE AFFIANT'S PRINTED NAME,
20 THE AFFIANT'S RESIDENCE ADDRESS, INCLUDING THE STREET NAME AND
21 NUMBER, THE CITY OR TOWN, THE COUNTY, AND THE DATE OF SIGNATURE;
22 A STATEMENT THAT THE AFFIANT WAS AN ELIGIBLE ELECTOR AT THE TIME
23 THE SECTION OF THE PETITION WAS CIRCULATED AND SIGNED BY THE LISTED
24 ELECTORS; A STATEMENT THAT THE AFFIANT CIRCULATED THE SECTION OF
25 THE PETITION; A STATEMENT THAT EACH SIGNATURE ON THE PETITION
26 SECTION IS THE SIGNATURE OF THE PERSON WHOSE NAME IT PURPORTS TO
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1 BE; A STATEMENT THAT, TO THE BEST OF THE AFFIANT'S KNOWLEDGE AND
2 BELIEF, EACH OF THE PERSONS SIGNING THE PETITION SECTION WAS, AT THE
3 TIME OF SIGNING, AN ELIGIBLE ELECTOR; AND A STATEMENT THAT THE
4 AFFIANT HAS NOT PAID OR WILL NOT PAY AND THAT THE AFFIANT BELIEVES
5 THAT NO OTHER PERSON HAS PAID OR WILL PAY, DIRECTLY OR INDIRECTLY,
6 ANY MONEY OR OTHER THING OF VALUE TO ANY SIGNER FOR THE PURPOSE
7 OF INDUCING OR CAUSING THE SIGNER TO SIGN THE PETITION.
8 (3) THE SECRETARY OF STATE OR COUNTY CLERK AND RECORDER
9 SHALL NOT ACCEPT FOR FILING ANY SECTION OF A PETITION THAT DOES NOT
10 HAVE ATTACHED TO IT THE NOTARIZED AFFIDAVIT REQUIRED BY THIS
11 SECTION. ANY SIGNATURE ADDED TO A SECTION OF A PETITION AFTER THE
12 AFFIDAVIT HAS BEEN EXECUTED IS INVALID.
13 1-4-1407. Candidate's acceptance. BEFORE A PETITION IS FILED,
14 IT SHALL HAVE ATTACHED TO IT A NOTARIZED ACCEPTANCE OF THE
15 DESIGNATION OF THE CANDIDATE NAMED IN THE PETITION AS A CANDIDATE
16 FOR A POLITICAL PARTY NOMINATION TO BE DETERMINED AT THE PRIMARY
17 ELECTION. EACH ACCEPTANCE OF DESIGNATION SHALL CONTAIN THE FULL
18 NAME OF THE CANDIDATE AS THE NAME WILL APPEAR ON THE PRIMARY
19 ELECTION BALLOT AND THE CANDIDATE'S FULL ADDRESS.
20 1-4-1408. Filing of petition. (1) WHEN EXECUTED AND
21 ACKNOWLEDGED AS PRESCRIBED IN THIS PART 14, THE PETITION SHALL BE
22 FILED AS FOLLOWS:
23 (a) WITH THE SECRETARY OF STATE IF IT IS FOR AN OFFICE THAT IS
24 VOTED ON BY THE ELECTORS OF THE ENTIRE STATE OR THE ELECTORS OF A
25 CONGRESSIONAL DISTRICT OR FOR THE OFFICES OF MEMBERS OF THE
26 GENERAL ASSEMBLY OR DISTRICT ATTORNEY OR FOR A DISTRICT OFFICE OF
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1 STATE CONCERN; OR
2 (b) WITH THE COUNTY CLERK AND RECORDER IF IT IS FOR A COUNTY
3 OFFICE.
4 1-4-1409. Verification of petition and official statement - cure.
5 (1) THE SECRETARY OF STATE OR COUNTY CLERK AND RECORDER WITH
6 WHOM A PETITION IS FILED PURSUANT TO SECTION 1-4-1408 SHALL REVIEW
7 ALL PETITION INFORMATION AND VERIFY THE INFORMATION AGAINST THE
8 REGISTRATION RECORDS AND, WHERE APPLICABLE, THE COUNTY
9 ASSESSOR'S RECORDS. THE SECRETARY OF STATE SHALL ESTABLISH
10 GUIDELINES FOR VERIFYING PETITION ENTRIES.
11 (2) THE SECRETARY OF STATE OR COUNTY CLERK AND RECORDER
12 WITH WHOM A PETITION IS FILED SHALL COMPLETE THE REVIEW OF THE
13 PETITION AND NOTIFY THE CANDIDATE OF THE NUMBER OF VALID
14 SIGNATURES AND WHETHER THE PETITION APPEARS TO BE SUFFICIENT OR
15 INSUFFICIENT NO LATER THAN THE NINETY-SECOND DAY BEFORE THE
16 PRIMARY ELECTION. AN INSUFFICIENT PETITION MAY BE AMENDED ONCE
17 NO LATER THAN 3 P.M. ON THE EIGHTY-FIFTH DAY BEFORE THE PRIMARY
18 ELECTION. THE SECRETARY OF STATE OR COUNTY CLERK AND RECORDER
19 SHALL COMPLETE THE REVIEW OF ANY AMENDED PETITION THAT IS TIMELY
20 FILED AND NOTIFY THE CANDIDATE OF THE NUMBER OF VALID SIGNATURES
21 AND WHETHER THE AMENDED PETITION APPEARS TO BE SUFFICIENT OR
22 INSUFFICIENT NO LATER THAN THE SEVENTY-EIGHTH DAY BEFORE THE
23 PRIMARY ELECTION.
24 (3) UPON DETERMINING THAT THE PETITION APPEARS SUFFICIENT
25 AND AFTER THE TIME FOR PROTEST HAS PASSED, THE SECRETARY OF STATE
26 OR COUNTY CLERK AND RECORDER SHALL CERTIFY THE CANDIDATE TO THE
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1 BALLOT. IF THE ELECTION IS A COORDINATED ELECTION, THE SECRETARY
2 OF STATE OR COUNTY CLERK AND RECORDER SHALL NOTIFY THE
3 COORDINATED ELECTION OFFICIAL OF SUCH PETITION'S SUFFICIENCY.
4 1-4-1410. Protest of designations of party candidates for
5 nomination. A PETITION OR AMENDED PETITION THAT HAS BEEN VERIFIED
6 AND APPEARS TO BE SUFFICIENT UNDER THIS PART 14 SHALL BE DEEMED
7 VALID UNLESS A PROTEST IS MADE IN WRITING WITHIN FIVE DAYS AFTER
8 THE SECRETARY OF STATE'S OR COUNTY CLERK AND RECORDER'S
9 STATEMENT OF SUFFICIENCY IS ISSUED PURSUANT TO SECTION 1-4-1409 (2).
10 AN AMENDED PETITION THAT HAS BEEN DEEMED INSUFFICIENT UNDER THIS
11 PART 14 SHALL BE DEEMED INVALID UNLESS A PROTEST IS MADE IN WRITING
12 WITHIN FIVE DAYS AFTER THE SECRETARY OF STATE'S OR COUNTY CLERK
13 AND RECORDER'S STATEMENT OF INSUFFICIENCY IS ISSUED PURSUANT TO
14 SECTION 1-4-1409 (2). THE PROTEST SHALL STATE IN A SUMMARY MANNER
15 THE ALLEGED IMPROPRIETY. NOTICE OF THE PROTEST SHALL BE MAILED
16 FORTHWITH TO ALL CANDIDATES OR OFFICIALS WHO MAY BE AFFECTED BY
17 SUCH PROTEST. THE SECRETARY OF STATE OR COUNTY CLERK AND
18 RECORDER WITH WHOM THE ORIGINAL PETITION WAS FILED SHALL HEAR
19 ANY PROTEST WITHIN TEN DAYS AFTER THE PROTEST IS FILED AND SHALL
20 PASS UPON THE VALIDITY OF THE PROTEST, WHETHER OF FORM OR
21 SUBSTANCE, AND ISSUE FINDINGS OF FACT AND CONCLUSIONS WITHIN
22 SEVENTY-TWO HOURS AFTER THE HEARING.
23 1-4-1411. Review of a protest. THE PARTY FILING A PROTEST HAS
24 THE BURDEN OF SUSTAINING THE PROTEST BY A PREPONDERANCE OF THE
25 EVIDENCE. THE DECISION UPON MATTERS OF SUBSTANCE IS OPEN TO
26 REVIEW, IF PROMPT APPLICATION IS MADE, AS PROVIDED IN SECTION
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1 1-1-113. THE REVIEW IN ALL CASES SHALL BE SUMMARY, AND THE
2 DECISION OF ANY COURT HAVING JURISDICTION SHALL BE FINAL AND NOT
3 SUBJECT TO REVIEW BY ANY OTHER COURT; EXCEPT THAT THE SUPREME
4 COURT, IN THE EXERCISE OF ITS DISCRETION, MAY REVIEW ANY JUDICIAL
5 PROCEEDING IN A SUMMARY WAY.
6 SECTION 7. Part 9 of article 4 of title 1, Colorado Revised
7 Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:
8 1-4-900.5. Applicability. THE PROVISIONS OF THIS PART 9 SHALL
9 APPLY TO ALL PETITIONS FOR CANDIDACY AND RECALL THAT ARE
10 AUTHORIZED BY THIS TITLE; EXCEPT THAT SUCH PROVISIONS SHALL NOT
11 APPLY TO PETITIONS TO NOMINATE CANDIDATES FOR A PRIMARY ELECTION
12 THAT ARE AUTHORIZED BY SECTION 1-4-801 AND GOVERNED BY THE
13 PROVISIONS OF PART 14 OF THIS ARTICLE.
14 SECTION 8. Repeal. 1-4-904 (2), Colorado Revised Statutes, is
15 repealed as follows:
16 1-4-904. Signatures on the petitions. (2) For partisan petitions,
17 each signer shall be affiliated with the political party named in the petition
18 and shall state the following to the circulator: That the signer has been
19 affiliated with the political party named in the petition for at least two
20 months as shown on the registration books of the county clerk and
21 recorder; that the signer intends to vote for the candidate at the ensuing
22 primary election; and that the signer has not signed any other petition for
23 any other candidate for the same office.
24 SECTION 9. 1-4-905 (1), Colorado Revised Statutes, is amended
25 to read:
26 1-4-905. Circulators. (1) No eligible elector shall be eligible to
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1 circulate any petition unless the elector is eligible to vote in the political
2 subdivision in which the petition is being circulated. and, for partisan
3 candidates, is affiliated with the political party mentioned in the petition
4 at the time the petition is circulated, as shown by the registration books of
5 the county clerk and recorder.
6 SECTION 10. 1-12-117, Colorado Revised Statutes, is amended
7 to read:
8 1-12-117. Nomination of successor. A candidate to succeed the
9 officer sought to be recalled shall meet the qualifications of a party
10 candidate or an unaffiliated candidate as provided in part 8 of article 4 of
11 this title and shall be nominated by a political party petition AS PROVIDED
12 IN PART 14 OF ARTICLE 4 OF THIS TITLE or an unaffiliated petition as
13 provided in part 9 of article 4 of this title. Nomination petitions and
14 affidavits of intent to run as a write-in candidate shall be filed no later than
15 fifteen days after the date on which the appropriate governing body
16 convenes and sets the election date. Every petition shall be signed by the
17 number of eligible electors required for the office in part 8 of article 4 of
18 this title or as otherwise provided by law. The name of the officer who
19 was sought to be recalled shall not be eligible as a candidate in the
20 election to fill any vacancy resulting from the recall election.
21 SECTION 11. Effective date - applicability. (1) This act shall
22 take effect at 12:01 a.m. on the day following the expiration of the
23 ninety-day period after final adjournment of the general assembly that is
24 allowed for submitting a referendum petition pursuant to article V, section
25 1 (3) of the state constitution; except that, if a referendum petition is filed
26 against this act or an item, section, or part of this act within such period,
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1 then the act, item, section, or part, if approved by the people, shall take
2 effect on the date of the official declaration of the vote thereon by
3 proclamation of the governor.
4 (2) The provisions of this act shall apply to the nomination of party
5 candidates for offices to be voted on at primary elections occurring on or
6 after the applicable effective date of this act.