First Regular Session
Sixty-second General Assembly
LLS NO. 99-0270.01 Bob Lackner SENATE BILL 99-072
STATE OF COLORADO
BY SENATOR Nichol;
also REPRESENTATIVE Kaufman.
REREVISED
STATE, VETERANS, & MILITARY AFFAIRS
A BILL FOR AN ACT
101 CONCERNING REQUIREMENTS FOR ACCESS TO THE PRIMARY ELECTION
102 BALLOT BY PETITION.
Bill Summary
(Note: This summary applies to this bill as introduced and does
not necessarily reflect any amendments that may be subsequently
adopted.)
Changes the number of signatures that candidates for county and
statewide office must obtain in order to be placed on the primary election
ballot by petition. Changes the date when party petitions may first be
circulated and the deadline date for filing such petitions. Shortens the
number of days party petition signers and circulators must be affiliated
with the political party named in the petition. Requires that the
designated election official rule on the sufficiency of party petitions by
a specified date before the primary election. Affords candidates for party
nomination by petition an opportunity to protest a finding of
insufficiency, as well as to cure said insufficiency within a specified
period of time before the primary election.
Makes conforming amendments.
1 Be it enacted by the General Assembly of the State of Colorado:
2 SECTION 1. 1-4-801 { } [ ] (5), Colorado Revised
3 Statutes, [is] amended to read:
4 1-4-801. Designation of party candidates by [petition.] {
5 }
[ ] 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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1 { &nbs p; [ ]}
2 (5) Party petitions shall not be circulated nor any signatures be
3 [obtained prior to the first Monday in April 1 OF THE EVEN-NUMBERED
4 YEARS. Petitions shall be filed no later than the sixty-sixth SEVENTY
5 DAYS before the primary election.]
6 SECTION 2. 1-4-904 (2), Colorado Revised Statutes, is amended
7 to read:
8 1-4-904. Signatures on the petitions. (2) For partisan petitions,
9 each signer shall be affiliated with the political party named in the
10 petition and shall state the following to the circulator: That the signer
11 has been affiliated with the political party named in the petition for at
12 least two months [SIXTY] DAYS as shown on the registration books of the
13 county clerk and recorder; that the signer intends to vote for the
14 candidate at the ensuing primary election; and that the signer has not
15 signed any other petition for any other candidate for the same office.
16 SECTION 3. 1-4-905 (1), Colorado Revised Statutes, is amended
17 to read:
18 1-4-905. Circulators. (1) No eligible elector shall be eligible to
19 circulate any petition unless the elector is eligible to vote in the political
20 subdivision in which the petition is being circulated and, for partisan
21 candidates, is HAS BEEN affiliated with the political party mentioned in
22 the petition FOR AT LEAST TWENTY-NINE DAYS at the time the petition is
23 circulated, as shown by the registration books of the county clerk and
24 recorder.
25 SECTION 4. 1-4-908 (3), Colorado Revised Statutes, is amended
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1 to read:
2 1-4-908. Verification of petition and official statement.
3 (3) After review, the official shall notify the candidate of the number of
4 valid signatures and whether the petition appears to be sufficient or
5 insufficient. In the case of a petition for nominating an unaffiliated
6 candidate, the official shall provide notification of sufficiency or
7 insufficiency to the candidate on or before the primary election date. IN
8 THE CASE OF A PETITION FOR POLITICAL PARTY NOMINATION, THE OFFICIAL
9 SHALL PROVIDE NOTIFICATION OF SUFFICIENCY OR INSUFFICIENCY TO THE
10 CANDIDATE WITHIN TEN DAYS AFTER RECEIPT OF THE PETITION. Upon
11 determining that the petition is sufficient and after the time for protest
12 has passed, the designated election official shall certify the candidate to
13 the ballot, and, if the election is a coordinated election, so notify the
14 coordinated election official.
15 SECTION 5. 1-4-909, Colorado Revised Statutes, is amended to
16 read:
17 1-4-909. Protest of designations and nominations. (1) IN THE
18 CASE OF EITHER A PETITION FOR NOMINATING AN UNAFFILIATED
19 CANDIDATE OR A PETITION FOR POLITICAL PARTY NOMINATION, a petition
20 or certificate of designation or nomination that has been verified and
21 appears to be sufficient under this code shall be deemed valid unless a
22 protest is made in writing within five days after the election official's
23 statement is issued IN THE CASE OF AN UNAFFILIATED CANDIDATE OR
24 WITHIN FIVE DAYS AFTER THE ELECTION OFFICIAL'S STATEMENT IS ISSUED
25 IN THE CASE OF A CANDIDATE FOR POLITICAL PARTY NOMINATION. The
26 protest shall state in a summary manner the alleged impropriety. Notice
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1 of the protest shall be mailed forthwith to all candidates or officials who
2 may be affected by it. The designated election official with whom the
3 original certificate or petition is filed shall hear any protest within ten
4 days after the protest is filed and IN THE CASE OF AN UNAFFILIATED
5 CANDIDATE OR WITHIN TEN DAYS AFTER THE FILING OF THE PROTEST IN
6 THE CASE OF A CANDIDATE FOR POLITICAL PARTY NOMINATION. THE
7 ELECTION OFFICIAL shall pass upon the validity of the protest, whether of
8 form or substance, and shall issue findings of fact and conclusions within
9 seventy-two hours after the hearing.
10 (2) This section does not apply to any nomination made at a
11 primary election.
12 SECTION 6. 1-4-912, Colorado Revised Statutes, is amended
13 BY THE ADDITION OF A NEW SUBSECTION to read:
14 1-4-912. Cure. (3) IN CASE A PETITION FOR NOMINATING A
15 POLITICAL PARTY CANDIDATE IS INSUFFICIENT, IT MAY BE AMENDED ONCE
16 AT ANY TIME PRIOR TO 3 P.M. ON THE [SEVENTIETH] DAY BEFORE THE
17 PRIMARY ELECTION DATE. IF SAID PETITION IS AMENDED PRIOR TO 3 P.M.
18 ON THE [SEVENTIETH] DAY BEFORE THE PRIMARY ELECTION DATE, THE
19 OFFICIAL SHALL NOTIFY THE CANDIDATE WHETHER THE AMENDED
20 PETITION IS SUFFICIENT OR INSUFFICIENT NO LATER THAN THE SEVENTH
21 DAY FOLLOWING THE FILING OF THE AMENDED PETITION.
22 SECTION 7. Effective date. This act shall take effect at 12:01
23 a.m. on the day following the expiration of the ninety-day period after
24 final adjournment of the general assembly that is allowed for submitting
25 a referendum petition pursuant to article V, section 1 (3) of the state
26 constitution; except that, if a referendum petition is filed against this act
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1 or an item, section, or part of this act within such period, then the act,
2 item, section, or part, if approved by the people, shall take effect on the
3 date of the official declaration of the vote thereon by proclamation of the
4 governor.