First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 23-0433.02 Alison Killen x4350
HOUSE BILL 23-1180
House Committees Senate Committees
State, Civic, Military, & Veterans Affairs
A BILL FOR AN ACT
C
ONCERNING THE MODIFICATI ON OF COUNTY COMMISSIONER101
ELECTIONS IN COUNTIES WITH POPULATIONS OF SEVENTY102
THOUSAND OR MORE , AND, IN CONNECTION THEREWITH ,103
REQUIRING SUCH COUNTIES TO HAVE FIVE COMMISSIONERS , AT104
LEAST THREE OF WHOM ARE ELECTED ONLY BY VOTERS105
RESIDENT IN THE DISTRICT FROM WHICH THE COMMISSIONER106
RUNS FOR ELECTION.107
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
HOUSE SPONSORSHIP
Marshall, deGruy Kennedy, Vigil
SENATE SPONSORSHIP
Priola,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. Currently, in a county with a population of 70,000 or more, the
board of county commissioners (board) may consist of 3 commissioners
from 3 districts, with one commissioner elected from each district by
voters of the whole county. Alternatively, the board may consist of 5
commissioners, the county may be divided into 3 or 5 districts, and the
commissioners may be elected pursuant to one of 10 alternative methods.
The bill eliminates this discretionary system and instead requires
that all counties with a population of 70,000 or more have 5
commissioners, with at least 3 commissioners elected only by voters
resident in the district from which each commissioner runs for election.
The bill allows the counties to choose between 3 election alternatives:
! 3 commissioners resident in 3 districts elected by voters
resident in those districts and 2 commissioners elected at
large;
! 4 commissioners resident in 4 districts elected by voters
resident in those district and one commissioner elected at
large; or
! 5 commissioners resident in 5 districts elected only by
voters resident in those districts.
The bill makes conforming amendments to statutory provisions
concerning commissioner districts and election petition statutes. The bill
does not affect counties that have adopted home rule.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. Short title. The short title of this act is the "County2
Government Modernization Act".3
SECTION 2. Legislative declaration. (1) The general assembly4
hereby finds and declares that:5
(a) It is of statewide interest that voters in every Colorado county6
are empowered to elect commissioners who reflect their communities7
within the county and will be responsive and accountable to them;8
(b) This statewide interest in voter empowerment and responsive,9
accountable government requires changes to the current permissive10
system for electing county commissioners in Colorado's largest counties;11
(c) A county with a population of seventy thousand or more is12
HB23-1180-2- likely to have more numerous and diverse communities of interest than1
a county with a population of less than seventy thousand;2
(d) While counties with populations of less than seventy thousand3
may be adequately represented by three commissioners, counties with4
populations of seventy thousand or more require greater and more diverse5
representation;6
(e) Requiring all counties with populations of seventy thousand7
or more to have five commissioners will maximize the opportunity for8
voters in Colorado's largest counties to elect representatives who are9
reflective of and responsive to their interests and concerns; and10
(f) Requiring at least three of the five commissioners to be elected11
only by voters resident in the district from which the commissioner runs12
for election will also further responsiveness and accountability and guard13
against the silencing of minority perspectives.14
SECTION 3. In Colorado Revised Statutes, 1-4-205, amend (3)15
as follows:16
1-4-205. County commissioners. (3) (a) In each county having17
a population of seventy thousand or more, the board of county18
commissioners may consist either of three members, any two of whom19
shall constitute a quorum for the transaction of business, or of five20
members CONSISTS OF FIVE COMMISSIONERS, any three of whom shall21
constitute CONSTITUTE a quorum for the transaction of business. THE FIVE22
COUNTY COMMISSIONERS MUST BE ELECTED AS PROVIDED IN SECTION23
30-10-306.5 (4)(a), (4)(b),
OR (4)(c).24
(b) If the board consists of three commissioners, they shall be
25
elected as provided in subsection (2) of this section and as provided in26
section 30-10-306.7 (5), C.R.S.27
HB23-1180
-3- (c) In any county having a population of seventy thousand or1
more, the membership of the board of county commissioners may be2
increased from three to five members pursuant to section 30-10-306.5,3
C.R.S., or decreased from five to three members pursuant to section4
30-10-306.7 (2)(a)(II), C.R.S.5
SECTION 4. In Colorado Revised Statutes, 30-10-306, amend6
(1) and (2) as follows:7
30-10-306. Commissioners' districts - vacancies - definitions. 8
(1) Each county
HAVING A POPULATION OF LESS THAN SEVENTY9
THOUSAND must be divided into three compact districts by the board of10
county commissioners. Each district must be as nearly equal in population11
as possible based on the redistricting population data prepared by staff of12
the legislative council and office of legislative legal services, or any13
successor offices, in accordance with section 2-2-902. In no event shall
14
There
SHALL NOT be more than five percent deviation between the most15
populous and the least populous district in each county at the time such
16
district boundaries are adopted. Each district must be numbered17
consecutively and must not be subject to alteration more often than once18
every two years. One county commissioner must be elected from each of19
such districts by the voters of the whole county. If any county20
commissioner, during his or her term of office, moves from the district in21
which he or she resided when elected, his or her office thereupon22
becomes vacant. All proceedings by the board of county commissioners23
in formation of such districts not inconsistent with this section are24
confirmed and validated.25
(2) Each county having a population of seventy thousand or more26
that has chosen to increase the members of the board of county27
HB23-1180
-4- commissioners from three to five must be divided into three, FOUR, or five1
districts by the board of county commissioners according to the method2
of election described in section 30-10-306.5 (5) or (6) or section3
30-10-306.7. When applicable SECTION 30-10-306.5 (4)(a), (4)(b), OR4
(4)(c). The board of county commissioners shall divide the county into5
districts in accordance with the final redistricting plan approved in6
accordance with section 30-10-306.4. The districts must be as nearly7
equal in population as possible based on the redistricting population data8
prepared by staff of the legislative council and office of legislative legal9
services, or any successor offices, in accordance with section 2-2-902. In10
no event shall There SHALL NOT be more than five percent deviation11
between the most populous and the least populous district in each county12
at the time such district boundaries are adopted. Each district must be13
numbered consecutively and is not subject to alteration more often than14
once every two years; except that, notwithstanding subsection (3) of this15
section, the board may alter the districts to conform to precinct16
boundaries that are changed in accordance with section 1-5-103 (1), based17
on the division of the state into congressional districts or an approved18
plan for redistricting of the members of the general assembly when19
necessary to ensure that no precinct is located in more than one district.20
County commissioners are elected at large or from districts according to21
the method of election described in section 30-10-306.5 (5) or (6) or22
section 30-10-306.7 SECTION 30-10-306.5 (4)(a), (4)(b), OR (4)(c). If any23
county commissioner required to be resident in a district moves during his24
or her term of office from the district in which he or she resided when25
elected, his or her office thereupon becomes vacant. All proceedings by26
the board of county commissioners in formation of such districts not27
HB23-1180
-5- inconsistent with this section are confirmed and validated.1
SECTION 5. In Colorado Revised Statutes, 30-10-306.1, amend2
(1) as follows:3
30-10-306.1. Commission created - commission composition4
and appointment. (1) The board of county commissioners in each of the5
following counties EACH COUNTY HAVING A POPULATION OF SEVENTY6
THOUSAND OR MORE must designate a county commissioner district7
redistricting commission, and are IS encouraged to convene an8
independent county commissioner district redistricting commission, in9
order to adopt a plan to divide the relevant county into as many districts10
as there are county commissioners elected by voters of their district.11
(a) Counties that have any number of their county commissioners12
not elected by the voters of the whole county;13
(b) Counties that have any number of their county commissioners14
not elected by the voters of the whole county that change the number of15
county commissioners in the county; and16
(c) Counties that have all of their county commissioners elected17
by the voters of the whole county that then elect to have any number of18
their county commissioners not elected by the voters of the whole county.19
SECTION 6. In Colorado Revised Statutes, repeal and reenact,20
with amendments, 30-10-306.5 as follows:21
30-10-306.5. Requirement for five county commissioners -22
elections - redistricting. (1) I
N ANY COUNTY HAVING A POPULATION OF23
SEVENTY THOUSAND OR MORE , THE MEMBERSHIP OF THE BOARD OF24
COUNTY COMMISSIONERS CONSISTS OF FIVE MEMBERS ELECTED PURSUANT25
TO THIS SECTION.26
(2) I
F, ON THE EFFECTIVE DATE OF THIS SUBSECTION (2), AS27
HB23-1180
-6- REPEALED AND REENACTED BY THIS HOUSE BILL 23-_____, ENACTED IN1
2023,
A COUNTY HAVING A POPULATION OF SEVENTY THOUSAND OR MORE2
HAS LESS THAN FIVE COUNTY COMMISSIONERS , THE BOARD OF COUNTY3
COMMISSIONERS SHALL ADOPT A RESOLUTION C HANGING ITS MEMBERSHIP4
TO FIVE MEMBERS. THE BOARD OF COUNTY COMMISSIONERS SHALL PASS5
THE RESOLUTION NO LATER THAN ITS FIRST REGULARLY SCHEDULED6
MEETING IN THE MONTH FOLLOWING THE EFFECTIVE DATE OF THIS7
SUBSECTION (2), AS REPEALED AND REENACTED BY THIS HOUSE BILL8
23-_____,
ENACTED IN 2023, OR ITS FIRST REGULARLY SCHEDULED9
MEETING IN THE MONTH FOLLOWING AN INCREASE IN THE COUNTY 'S10
POPULATION, AS DEFINED IN SECTION 30-10-306 (6)(f), TO SEVENTY11
THOUSAND OR MORE.12
(3) (a) I
N ANY COUNTY HAVING A POPULATION OF SEVENTY13
THOUSAND OR MORE, THE BOARD OF COUNTY COMMISSIONERS SHALL PASS14
A RESOLUTION DESIGNATING THE THREE ALTERNATIVE METHODS OF15
ELECTING FIVE COUNTY COMMISSIONERS SET FORTH IN SUBSECTIONS16
(4)(a), (4)(b),
AND (4)(c) OF THIS SECTION. THE BOARD OF COUNTY17
COMMISSIONERS SHALL ADOPT THE RESOLUTION NO LATER THAN ITS FIRST18
REGULARLY SCHEDULED MEETING IN THE MONTH FOLLOWING THE19
EFFECTIVE DATE OF THIS SUBSECTION (3)(a), AS REPEALED AND20
REENACTED BY THIS HOUSE BILL 23-_____, ENACTED IN 2023, OR ITS21
FIRST REGULARLY SCHEDULED MEETING IN THE MONTH FOLLOWING AN22
INCREASE IN THE COUNTY 'S POPULATION, AS DEFINED IN SECTION23
30-10-306 (6)(f),
TO SEVENTY THOUSAND OR MORE .24
(b) T
HE RESOLUTION REQUIRED BY SUBSECTION (3)(a) OF THIS25
SECTION SHALL BE REFERRED TO THE REGISTERED ELECTORS OF THE26
COUNTY AT THE FIRST GENERAL ELECTION FOLLOWING ITS ADOPTION SO27
HB23-1180
-7- THAT THE VOTERS MAY CHOOSE WHICH OF THE THREE ALTERNATIVE1
METHODS OF ELECTING FIVE COUNTY COMMISSIONERS THEY PREFER .2
T
HEREAFTER, THE BOARD OF COUNTY COMMISSIONERS SHALL TAKE SUCH3
ACTION AS IS NECESSARY TO ENSURE THAT COUNTY COMMISSIONERS ARE4
ELECTED AT THE NEXT GENERAL ELECTION ACCORDING TO THE METHOD5
OF ELECTION CONTAINED IN THE REFERRED RESOLUTION THAT RECEIVED6
THE LARGEST NUMBER OF VOTES CAST .7
(c) A
COUNTY HAVING A POPULATION OF SEVENTY THOUSAND OR8
MORE THAT PRESENTLY ELECTS FIVE COUNTY COMMISSIONERS IN A9
MANNER CONSISTENT WITH SUBSECTION (4)(a), (4)(b), OR (4)(c) OF THIS10
SECTION IS NOT REQUIRED TO PASS THE RESOLUTION OTHERWISE REQUIRED11
BY SUBSECTION (3)(a) OF THIS SECTION.12
(4) I
N ANY COUNTY HAVING A POPULATION OF SEVENTY13
THOUSAND OR MORE , THE FIVE MEMBERS OF THE BOARD OF COUNTY14
COMMISSIONERS MUST BE ELECTED BY ONE OF THE FOLLOWING METHODS :15
(a) T
HREE COMMISSIONERS RESIDENT IN THREE DISTRICTS AND16
ELECTED BY VOTERS RESIDENT IN THOSE DISTRICTS AND TWO17
COMMISSIONERS ELECTED AT LARGE . SUCH COMMISSIONERS SHALL BE18
ELECTED AS FOLLOWS:19
(I) I
F THERE ARE THREE INCUMBENT COMMISSIONERS RESIDENT IN20
THREE DISTRICTS ELECTED BY VOTERS OF THE WHOLE COUNTY , SUCH21
COMMISSIONERS SHALL BE SUBJECT TO ELECTION AS FOLLOWS :22
(A) I
F THE FIRST GENERAL ELECTION AFTER THE VOTERS '23
SELECTION OF THE METHOD OF ELECTION SET FORTH IN THIS SUBSECTION24
(4)(a)
IS HELD IN 2026 OR ANY FOURTH YEAR THEREAFTER , TWO25
COMMISSIONERS, ONE RESIDENT IN A DISTRICT AND ONE AT LARGE, SHALL26
BE ELECTED TO FOUR-YEAR TERMS AT SAID ELECTION , ONE AT-LARGE27
HB23-1180
-8- COMMISSIONER SHALL BE ELECTED TO FILL THE TWO -YEAR VACANCY1
UNTIL THE NEXT GENERAL ELECTION , AND THREE COMMISSIONERS , TWO2
RESIDENT IN DISTRICTS AND ONE AT LARGE , SHALL BE ELECTED TO3
FOUR-YEAR TERMS AT SAID NEXT GENERAL ELECTION . THEREAFTER, TWO4
COMMISSIONERS, ONE RESIDENT IN A DISTRICT AND ONE AT LARGE, SHALL5
BE ELECTED AT THE GENERAL ELECTIONS THAT OCCUR EACH FOUR YEARS6
AFTER THE FIRST GENERAL ELECTION FOLLOWING THE VOTERS ' SELECTION7
OF THE METHOD OF ELECTION SET FORTH IN THIS SUBSECTION (4)(a), AND8
THREE COMMISSIONERS, TWO RESIDENT IN DISTRICTS AND ONE AT LARGE,9
SHALL BE ELECTED AT THE GENERAL ELECTION THAT OCCURS TWO YEARS10
AFTER THE FIRST GENERAL ELECTION FOLLOWING THE VOTERS ' SELECTION11
OF THE METHOD OF ELECTION SET FORTH IN THIS SUBSECTION (4)(a) AND12
EVERY FOURTH YEAR THEREAFTER .13
(B) I
F THE FIRST GENERAL ELECTION AFTER THE VOTERS '14
SELECTION OF THE METHOD OF ELECTION SET FORTH IN THIS SUBSECTION15
(4)(a)
IS HELD IN 2028 OR ANY FOURTH YEAR THEREAFTER , TWO16
COMMISSIONERS RESIDENT IN DISTRICTS AND ONE AT -LARGE17
COMMISSIONER SHALL BE ELECTED TO FOUR -YEAR TERMS AT SAID18
ELECTION, ONE AT-LARGE COMMISSIONER SHALL BE ELECTED TO FILL THE19
TWO-YEAR VACANCY UNTIL THE NEXT GENERAL ELECTION , AND TWO20
COMMISSIONERS, ONE RESIDENT IN A DISTRICT AND ONE AT LARGE, SHALL21
BE ELECTED TO FOUR-YEAR TERMS AT SAID NEXT GENERAL ELECTION .22
T
HEREAFTER, THREE COMMISSIONERS, TWO RESIDENT IN DISTRICTS AND23
ONE AT LARGE, SHALL BE ELECTED AT THE GENERAL ELECTIONS THAT24
OCCUR EACH FOUR YEARS AFTER THE FIRST GENERAL ELECTION25
FOLLOWING THE VOTERS' SELECTION OF THE METHOD OF ELECTION SET26
FORTH IN THIS SUBSECTION (4)(a), AND TWO COMMISSIONERS , ONE27
HB23-1180
-9- RESIDENT IN A DISTRICT AND ONE AT LARGE, SHALL BE ELECTED AT THE1
GENERAL ELECTION THAT OCCURS TWO YEARS AFTER THE FIRST GENERAL2
ELECTION FOLLOWING THE VOTERS ' SELECTION OF THE METHOD OF3
ELECTION SET FORTH IN THIS SUBSECTION (4)(a) AND EVERY FOURTH YEAR4
THEREAFTER.5
(C) P
RIOR TO MARCH 1 OF THE ELECTION YEAR, THE BOARD OF6
COUNTY COMMISSIONERS SHALL DESIGNATE THE AT -LARGE POSITION7
FROM WHICH A COMMISSIONER IS TO BE ELECTED TO A TWO -YEAR TERM TO8
FILL A VACANCY DESCRIBED IN SUBSECTION (4)(a)(I)(A) OR (4)(a)(I)(B)9
OF THIS SECTION.10
(II) (A) I
F THERE ARE FIVE INCUMBENT COMMISSIONERS RESIDENT11
IN FIVE DISTRICTS, THE BOARD OF COUNTY COMMISSIONERS SHALL12
CHANGE THE BOUNDARIES OF THE COMMISSIONERS ' DISTRICTS TO CREATE13
THREE DISTRICTS IN ACCORDANCE WITH THE REQUIREMENTS OF SECTION14
30-10-306
(2) AND THE COUNTY'S FINAL REDISTRICTING PLAN APPROVED15
IN ACCORDANCE WITH SECTION 30-10-306.4.16
(B) U
PON ADOPTION OF THE BOUNDARIES OF THE THREE DISTRICTS17
PURSUANT TO SUBSECTION (4)(a)(II)(A) OF THIS SECTION, IT SHALL BE18
DECIDED BY LOT WHICH OF THE FIVE INCUMBENT COMMISSIONERS SHALL19
SERVE THE THREE DISTRICTS AND WHICH COMMISSIONERS SHALL SERVE20
THE COUNTY AT LARGE.21
(C) I
F MORE THAN ONE INCUMBENT COMMISSIONER RESIDES22
WITHIN THE BOUNDARIES OF THE SAME NEWLY CREATED DISTRICT , THOSE23
COMMISSIONERS SHALL FIRST DETERMINE BY LOT WHICH OF THEM WILL24
SERVE THAT DISTRICT AND WHICH OF THEM WILL REPRESENT THE COUNTY25
AT LARGE. THE REMAINING COMMISSIONERS SHALL THEN DETERMINE BY26
LOT WHICH OF THEM WILL SERVE THE REMAINING DISTRICTS AND WHICH27
HB23-1180
-10- OF THEM WILL SERVE AS THE SECOND COMMISSIONER AT LARGE .1
(D) T
HE COUNTY CLERK AND RECORDER SHALL ESTABLISH THE2
TIME, PLACE, AND MANNER IN WHICH SUCH LOTS SHALL BE CONDUCTED3
AND SHALL DECLARE THE OFFICIAL RESULTS OF SUCH LOTS IMMEDIATELY4
THEREAFTER.5
(E) T
HEREAFTER, THE METHOD OF ELECTION IN SUCH COUNTIES6
SHALL BE AS PROVIDED IN SUBSECTIONS (4)(a)(I)(A) TO (4)(a)(I)(C) OF7
THIS SECTION.8
(b) F
OUR COMMISSIONERS RESIDENT IN FOUR DISTRICTS AND9
ELECTED BY VOTERS RESIDENT IN THOSE DISTRICTS AND ONE10
COMMISSIONER ELECTED AT LARGE . SUCH COMMISSIONERS SHALL BE11
ELECTED AS FOLLOWS:12
(I) (A) I
F THERE ARE THREE INCUMBENT COMMISSIONERS13
RESIDENT IN THREE DISTRICTS, THE BOARD OF COUNTY COMMISSIONERS14
SHALL CHANGE THE BOUNDARIES OF THE COMMISSIONERS ' DISTRICTS TO15
CREATE FOUR DISTRICTS IN ACCORDANCE WITH THE REQUIREMENTS OF16
SECTION 30-10-306 (2) AND THE COUNTY'S FINAL REDISTRICTING PLAN17
APPROVED IN ACCORDANCE WITH SECTION 30-10-306.4.18
(B) U
PON ADOPTION OF THE BOUNDARIES OF THE FOUR DISTRICTS19
PURSUANT TO SUBSECTION (4)(b)(I)(A) OF THIS SECTION, THE THREE20
INCUMBENT COMMISSIONERS SHALL SERVE THE NEWLY CREATED21
DISTRICTS IN WHICH THEY RESIDE.22
(C) I
F MORE THAN ONE INCUMBENT COMMISSIONER RESIDES23
WITHIN THE BOUNDARIES OF THE SAME NEWLY CREATED DISTRICT , THOSE24
COMMISSIONERS SHALL DETERMINE BY LOT WHICH OF THEM WILL SERVE25
THAT DISTRICT AND WHICH OF THEM WILL REPRESENT THE COUNTY AT26
LARGE.27
HB23-1180
-11- (D) THE COUNTY CLERK AND RECORDER SHALL ESTABLISH THE1
TIME, PLACE, AND MANNER IN WHICH SUCH LOTS SHALL BE CONDUCTED2
AND SHALL DECLARE THE OFFICIAL RESULTS OF SUCH LOTS IMMEDIATELY3
THEREAFTER.4
(E) T
HEREAFTER, IF THE FIRST GENERAL ELECTION FOLLOWING THE5
VOTERS' SELECTION OF THE METHOD OF ELECTION SET FORTH IN THIS6
SUBSECTION (4)(b) IS HELD IN 2026 OR ANY FOURTH YEAR THEREAFTER ,7
TWO COMMISSIONERS, ONE RESIDENT IN A DISTRICT AND ONE AT-LARGE8
COMMISSIONER, SHALL BE ELECTED TO FOUR -YEAR TERMS AT SAID9
ELECTION, ONE COMMISSIONER RESIDENT IN A DISTRICT SHALL BE ELECTED10
TO FILL THE TWO-YEAR VACANCY UNTIL THE NEXT GENERAL ELECTION ,11
AND THREE COMMISSIONERS RESIDENT IN DISTRICTS SHALL BE ELECTED TO12
FOUR-YEAR TERMS AT SAID NEXT GENERAL ELECTION . THEREAFTER, TWO13
COMMISSIONERS, ONE RESIDENT IN A DISTRICT AND ONE AT LARGE, SHALL14
BE ELECTED AT THE GENERAL ELECTIONS THAT OCCUR EACH FOUR YEARS15
AFTER THE FIRST GENERAL ELECTION FOLLOWING THE VOTERS ' SELECTION16
OF THE METHOD OF ELECTION SET FORTH IN THIS SUBSECTION (4)(b), AND17
THREE COMMISSIONERS RESIDENT IN DISTRICTS SHALL BE ELECTED AT THE18
GENERAL ELECTION THAT OCCURS TWO YEARS AFTER THE FIRST GENERAL19
ELECTION FOLLOWING THE VOTERS ' SELECTION OF THE METHOD OF20
ELECTION SET FORTH IN THIS SUBSECTION (4)(b) AND EVERY FOURTH YEAR21
THEREAFTER.22
(F) I
F THE FIRST GENERAL ELECTION AFTER THE VOTERS '23
SELECTION OF THE METHOD OF ELECTION SET FORTH IN THIS SUBSECTION24
(4)(b)
IS HELD IN 2028 OR ANY FOURTH YEAR THEREAFTER , TWO25
COMMISSIONERS RESIDENT IN DISTRICTS AND ONE AT -LARGE26
COMMISSIONER SHALL BE ELECTED TO FOUR -YEAR TERMS AT SAID27
HB23-1180
-12- ELECTION, ONE COMMISSIONER RESIDENT IN A DISTRICT SHALL BE ELECTED1
TO FILL THE TWO-YEAR VACANCY UNTIL THE NEXT GENERAL ELECTION ,2
AND TWO COMMISSIONERS RESIDENT IN DISTRICTS SHALL BE ELECTED TO3
FOUR-YEAR TERMS AT SAID NEXT GENERAL ELECTION . THEREAFTER,4
THREE COMMISSIONERS, TWO RESIDENT IN DISTRICTS AND ONE AT LARGE,5
SHALL BE ELECTED AT THE GENERAL ELECTIONS THAT OCCUR EACH FOUR6
YEARS AFTER THE FIRST GENERAL ELECTION FOLLOWING THE VOTERS '7
SELECTION OF THE METHOD OF ELECTION SET FORTH IN THIS SUBSECTION8
(4)(b),
AND TWO COMMISSIONERS RESIDENT IN DISTRICTS SHALL BE9
ELECTED AT THE GENERAL ELECTION THAT OCCURS TWO YEARS AFTER THE10
FIRST GENERAL ELECTION FOLLOWING THE VOTERS ' SELECTION OF THE11
METHOD OF ELECTION SET FORTH IN THIS SUBSECTION (4)(b) AND EVERY12
FOURTH YEAR THEREAFTER .13
(G) P
RIOR TO MARCH 1 OF THE ELECTION YEAR, THE BOARD OF14
COUNTY COMMISSIONERS SHALL DESIGNATE THE DISTRICT FROM WHICH A15
COMMISSIONER IS TO BE ELECTED TO A TWO -YEAR TERM TO FILL A16
VACANCY DESCRIBED IN SUBSECTION (4)(b)(I)(E) OR (4)(b)(I)(F) OF THIS17
SECTION.18
(II) (A) I
F THERE ARE FIVE INCUMBENT COMMISSIONERS , THE19
BOARD OF COUNTY COMMISSIONERS SHALL CHANGE THE BOUNDARIES OF20
THE COMMISSIONERS ' DISTRICTS TO CREATE FOUR DISTRICTS IN21
ACCORDANCE WITH THE REQUIREMENTS OF SECTION 30-10-306 (2) AND22
THE COUNTY'S FINAL REDISTRICTING PLAN APPROVED IN ACCORDANCE23
WITH SECTION 30-10-306.4.24
(B) U
PON ADOPTION OF THE BOUNDARIES OF THE FOUR DISTRICTS25
PURSUANT TO SUBSECTION (4)(b)(II)(A) OF THIS SECTION, IT SHALL BE26
DECIDED BY LOT WHICH OF THE FIVE INCUMBENT COMMISSIONERS SHALL27
HB23-1180
-13- SERVE THE FOUR DISTRICTS AND WHICH COMMISSIONER SHALL SERVE THE1
COUNTY AT LARGE.2
(C) I
F MORE THAN ONE INCUMBENT COMMISSIONER RESIDES3
WITHIN THE BOUNDARIES OF THE SAME NEWLY CREATED DISTRICT , THOSE4
COMMISSIONERS SHALL FIRST DETERMINE BY LOT WHICH OF THEM WILL5
SERVE THAT DISTRICT AND WHICH OF THEM WILL REPRESENT THE COUNTY6
AT LARGE. THE REMAINING COMMISSIONERS SHALL THEN DETERMINE BY7
LOT WHICH OF THEM WILL SERVE THE REMAINING DISTRICTS .8
(D) T
HE COUNTY CLERK AND RECORDER SHALL ESTABLISH THE9
TIME, PLACE, AND MANNER IN WHICH SUCH LOTS SHALL BE CONDUCTED10
AND SHALL DECLARE THE OFFICIAL RESULTS OF SUCH LOTS IMMEDIATELY11
THEREAFTER.12
(E) T
HEREAFTER, THE METHOD OF ELECTION IN SUCH COUNTIES13
SHALL BE AS PROVIDED IN SUBSECTIONS (4)(b)(I)(E) TO (4)(b)(I)(G) OF14
THIS SECTION.15
(c) F
IVE COMMISSIONERS RESIDENT IN FIVE DISTRICTS ELECTED BY16
VOTERS RESIDENT IN THOSE DISTRICTS. SUCH COMMISSIONERS SHALL BE17
ELECTED AS FOLLOWS:18
(I) (A) I
F THERE ARE THREE INCUMBENT COMMISSIONERS19
RESIDENT IN THREE DISTRICTS, THE BOARD OF COUNTY COMMISSIONERS20
SHALL CHANGE THE BOUNDARIES OF THE COMMISSIONERS ' DISTRICTS TO21
CREATE FIVE DISTRICTS IN ACCORDANCE WITH THE REQUIREMENTS OF22
SECTION 30-10-306 (2) AND THE COUNTY'S FINAL REDISTRICTING PLAN23
APPROVED IN ACCORDANCE WITH SECTION 30-10-306.4.24
(B) U
PON ADOPTION OF THE BOUNDARIES OF THE FIVE DISTRICTS25
PURSUANT TO SUBSECTION (4)(c)(I)(A) OF THIS SECTION, THE THREE26
INCUMBENT COMMISSIONERS SHALL SERVE THE NEWLY CREATED27
HB23-1180
-14- DISTRICTS IN WHICH THEY RESIDE.1
(C) I
F MORE THAN ONE INCUMBENT COMMISSIONER RESIDES2
WITHIN THE BOUNDARIES OF THE SAME NEWLY CREATED DISTRICT , THOSE3
COMMISSIONERS SHALL DETERMINE BY LOT WHICH OF THEM WILL SERVE4
THAT DISTRICT. THE REMAINING COMMISSIONERS SHALL THEN DETERMINE5
BY LOT WHICH OF THEM WILL SERVE THE REMAINING DISTRICTS .6
(D) T
HE COUNTY CLERK AND RECORDER SHALL ESTABLISH THE7
TIME, PLACE, AND MANNER IN WHICH SUCH LOTS SHALL BE CONDUCTED8
AND SHALL DECLARE THE OFFICIAL RESULTS OF SUCH LOTS IMMEDIATELY9
THEREAFTER.10
(E) T
HEREAFTER, IF THE FIRST GENERAL ELECTION AFTER THE11
VOTERS' SELECTION OF THE METHOD OF ELECTION SET FORTH IN THIS12
SUBSECTION (4)(c) IS HELD IN 2026 OR ANY FOURTH YEAR THEREAFTER ,13
TWO MEMBERS RESIDENT IN DISTRICTS SHALL BE ELECTED TO FOUR -YEAR14
TERMS AT SAID GENERAL ELECTION , ONE MEMBER RESIDENT IN DISTRICT15
SHALL BE ELECTED TO FILL THE VACANCY UNTIL THE NEXT GENERAL16
ELECTION, AND THREE MEMBERS RESIDENT IN DISTRICTS SHALL BE17
ELECTED TO FOUR-YEAR TERMS AT SAID NEXT GENERAL ELECTION .18
T
HEREAFTER, TWO MEMBERS RESIDENT IN DISTRICTS SHALL BE ELECTED19
AT THE GENERAL ELECTIONS THAT OCCUR EACH FOUR YEARS AFTER THE20
FIRST GENERAL ELECTION FOLLOWING THE VOTERS ' SELECTION OF THE21
METHOD OF ELECTION SET FORTH IN THIS SUBSECTION (4)(c) AND THREE22
MEMBERS RESIDENT IN DISTRICTS SHALL BE ELECTED AT THE GENERAL23
ELECTION THAT OCCURS TWO YEARS AFTER THE FIRST GENERAL ELECTION24
FOLLOWING THE VOTERS' SELECTION OF THE METHOD OF ELECTION SET25
FORTH IN THIS SUBSECTION (4)(c) AND EVERY FOURTH YEAR THEREAFTER .26
(F) I
F THE FIRST GENERAL ELECTION AFTER THE VOTERS '27
HB23-1180
-15- SELECTION OF THE METHOD OF ELECTION SET FORTH IN THIS SUBSECTION1
(4)(c)
IS HELD IN 2028 OR ANY FOURTH YEAR THEREAFTER , THREE2
MEMBERS RESIDENT IN DISTRICTS SHALL BE ELECTED TO FOUR -YEAR3
TERMS AT SAID ELECTION, ONE MEMBER RESIDENT IN A DISTRICT SHALL BE4
ELECTED TO FILL THE VACANCY UNTIL THE NEXT GENERAL ELECTION , AND5
TWO MEMBERS RESIDENT IN DISTRICT SHALL BE ELECTED TO FOUR -YEAR6
TERMS AT SAID NEXT GENERAL ELECTION . THEREAFTER, THREE MEMBERS7
RESIDENT IN DISTRICTS SHALL BE ELECTED AT THE GENERAL ELECTIONS8
THAT OCCUR EACH FOUR YEARS AFTER THE FIRST GENERAL ELECTION9
FOLLOWING THE VOTERS' SELECTION OF THE METHOD OF ELECTION SET10
FORTH IN THIS SUBSECTION (4)(c), AND TWO MEMBERS RESIDENT IN11
DISTRICTS SHALL BE ELECTED AT THE GENERAL ELECTION THAT OCCURS12
TWO YEARS AFTER THE FIRST GENERAL ELECTION FOLLOWING THE VOTERS '13
SELECTION OF THE METHOD OF ELECTION SET FORTH IN THIS SUBSECTION14
(4)(c)
AND EVERY FOURTH YEAR THEREAFTER .15
(G) P
RIOR TO MARCH 1 OF THE ELECTION YEAR, THE BOARD OF16
COUNTY COMMISSIONERS SHALL DESIGNATE THE DISTRICT FROM WHICH A17
COMMISSIONER IS TO BE ELECTED TO A TWO -YEAR TERM TO FILL A18
VACANCY DESCRIBED IN SUBSECTION (4)(c)(I)(E) OR (4)(c)(I)(F) OF THIS19
SECTION.20
(II) I
F THERE ARE FIVE INCUMBENT COMMISSIONERS RESIDENT IN21
FIVE DISTRICTS AND ONE OR MORE COMMISSIONERS IS ELECTED BY VOTERS22
OF THE WHOLE COUNTY , SUCH COMMISSIONERS SHALL BE SUBJECT TO23
ELECTION AS SET FORTH IN SUBSECTIONS (4)(c)(I)(E) TO (4)(c)(I)(G) OF24
THIS SECTION.25
(5) A
LL PROCEEDINGS BY A BOARD OF COUNTY COMMISSIONERS IN26
ELECTING FIVE COUNTY COMMISSIONERS IN A MANNER CONSISTENT WITH27
HB23-1180
-16- SUBSECTION (4)(a), (4)(b), OR (4)(c) OF THIS SECTION ARE CONFIRMED1
AND VALIDATED.2
(6) S
UBJECT TO REFERRAL AS PROVIDED IN THIS SUBSECTION (6),3
A BOARD OF COUNTY COMMISSIONERS IN A C OUNTY HAVING A POPULATION4
OF SEVENTY THOUSAND OR MORE MAY PASS A RESOLUTION C HANGING THE5
METHOD OF ELECTING THE MEMBERS OF THE BOARD . THE RESOLUTION6
MUST BE REFERRED TO THE REGISTERED ELECTORS OF THE COUNTY AT A7
GENERAL ELECTION. THE RESOLUTION MUST DESIGNATE AT LEAST TWO OF8
THE THREE ALTERNATIVE METHODS OF ELECTING FIVE COUNTY9
COMMISSIONERS SET FORTH IN SUBSECTIONS (4)(a), (4)(b), AND (4)(c) OF10
THIS SECTION. IF A MAJORITY OF VOTES ARE CAST IN FAVOR OF THE11
RESOLUTION, THE BOARD OF COUNTY COMMISSIONERS SHALL TAKE SUCH12
ACTION AS IS NECESSARY TO ENSURE THAT COUNTY COMMISSIONERS ARE13
ELECTED AT THE NEXT GENERAL ELECTION ACCORDING TO THE METHOD14
OF ELECTION CONTAINED IN THE REFERRED RESOLUTION THAT RECEIVED15
THE LARGEST NUMBER OF VOTES CAST .16
(7) (a) I
N THE ALTERNATIVE, A PETITION SIGNED BY A LEAST EIGHT17
PERCENT OF THE TOTAL NUMBER OF QUALIFIED ELECTORS OF A COUNTY18
VOTING FOR ALL CANDIDATES FOR THE OFFICE OF SECRETARY OF STATE AT19
THE LAST PRECEDING GENERAL ELECTION IS SUFFICIENT TO PLACE ON THE20
BALLOT AT A GENERAL ELECTION THE QUESTION OF WHETHER TO CHANGE21
THE METHOD OF ELECTING FIVE COUNTY COMMISSIONERS . SUCH PETITION22
MUST SPECIFY THE PROPOSED METHOD OF ELECTION IN ACCOR DANCE WITH23
SUBSECTION (4)(a), (4)(b), OR (4)(c) OF THIS SECTION. SUCH PETITION24
MUST BE DELIVERED TO THE COUNTY CLERK AND RECORDED PRIOR TO THE25
NINETIETH DAY BEFORE THE NEXT GENERAL ELECTION WITH A REQUEST26
THAT THE QUESTION BE PLACED ON THE BALLOT FOR REFERRAL TO THE27
HB23-1180
-17- REGISTERED ELECTORS OF THE COUNTY AT SAID NEXT GENERAL ELECTION .1
(b) I
F A MAJORITY OF THE VOTES CAST ARE IN FAVOR OF CHANGING2
THE METHOD OF ELECTION , IN ACCORDANCE WITH SUBSECTION (4)(a),3
(4)(b),
OR (4)(c) OF THIS SECTION, THE BOARD OF COUNTY COMMISSIONERS4
SHALL TAKE SUCH ACTION AS IS NECESSARY TO ENSURE THAT COUNTY5
COMMISSIONERS ARE ELECTED AT THE NEXT GENERAL ELECTION6
ACCORDING TO THE METHOD OF ELECTION SELECTED BY THE VOTERS7
PURSUANT TO THIS SUBSECTION (7).8
SECTION 7. In Colorado Revised Statutes, repeal 30-10-306.79
as follows:10
30-10-306.7. Procedure for electing county commissioners.11
(1) In any county having a population of seventy thousand or more which
12
has increased the membership of the board of county commissioners to13
five pursuant to sections 1-4-205 (3)(a), C.R.S., and 30-10-306.5, the14
registered electors may, either by referendum or by initiative, change the15
method of electing said members or reduce the membership of the board16
of county commissioners to three, pursuant to the procedures in this17
section.18
(2) (a) In any such county, the method of electing members of the19
board of county commissioners may be changed to any one of the20
following methods:21
(I) Five commissioners resident in five districts, elected by the22
voters of the whole county or elected only by voters resident in the district23
from which the member runs for election. In such case, the procedures for24
election shall be in accordance with section 30-10-306.5 (6). The county25
clerk and recorder shall make any other necessary provision to effectuate26
the change in method of election.27
HB23-1180
-18- (II) Three commissioners resident in three districts, elected by the1
voters of the whole county or elected only by voters resident in the district2
from which the member runs for election. In such case, the procedures for3
election shall be in accordance with subsection (5) of this section.4
(III) Five commissioners elected as follows: Three commissioners5
resident in three districts and elected by voters resident in those districts6
and two commissioners elected at large; or three commissioners resident7
in districts and elected by voters of the whole county and two8
commissioners elected at large. In such case, the procedures for election9
shall be in accordance with paragraph (a) of subsection (5) of this section.10
(b) The registered electors of such a county may, either by11
referendum or by initiative, decrease the members of the board of county12
commissioners from five to three. In such case, the term of office of all13
members serving on the board shall expire at the time the next duly14
elected board takes the oath of office following the first general election15
after the voters' approval of such decrease, and three new members shall16
be elected in accordance with sections 1-4-205 (2), C.R.S., and17
30-10-306. Two seats, as determined by lot, shall be elected for four-year18
terms and the remaining seat shall be elected for a two-year term of office19
in accordance with sections 1-4-205 (2), C.R.S., and 30-10-306. The20
county clerk and recorder shall make any necessary changes to effectuate21
the decrease in membership.22
(3) (a) Subject to referral as provided in this subsection (3), a23
board of county commissioners may pass a resolution decreasing the24
membership of the board, as provided in subsection (2) of this section.25
Prior to the ninetieth day before the next general election, the board of26
county commissioners shall request that the county clerk and recorder27
HB23-1180
-19- place the resolution on the ballot for referral to the registered electors of1
the county at the next general election.2
(b) Subject to referral as provided in this subsection (3), a board3
of county commissioners may pass a resolution changing the method of4
electing the members of the board. The resolution shall be referred to the5
registered electors of the county at a general election. If any number of6
the county commissioners are not elected by the voters of the whole7
county when the board of county commissioners passes this resolution,8
then the resolution must designate no fewer than two of the methods of9
election set forth in subsection (2) of this section. If a majority of votes10
cast are in favor of the resolution, the board of county commissioners11
shall take such action as is necessary to ensure that the county12
commissioners are elected at the next general election according to the13
procedure for election contained in the resolution that received the largest14
number of votes cast.15
(4) In the alternative, a petition signed by at least eight percent of16
the total number of qualified electors of a county voting for all candidates17
for the office of secretary of state at the last preceding general election18
shall be sufficient to place on the ballot at a general election the question19
of whether to change the method of electing members of the board or to20
decrease the membership of the board. In the case of a petition to change21
the method of electing members of the board, such petition shall specify22
the method of election according to subsection (2) of this section. Such23
a petition, shall be delivered to the county clerk and recorder prior to the24
ninetieth day before the next general election with a request that the25
question be placed on the ballot for referral to the registered electors of26
the county at the next general election.27
HB23-1180
-20- (5) (a) If a majority of the votes cast on the question are in favor1
of changing the method of electing the five commissioners or providing2
for three commissioners, as provided in subsection (2)(a)(II) or (2)(a)(III)3
of this section, the board of county commissioners shall change the4
boundaries of the commissioner districts so as to create three districts as5
nearly equal in population as possible based on the most recent federal6
census of the United States minus the number of persons serving a7
sentence of detention or confinement in any correctional facility in the8
county as indicated in the statistical report of the department of9
corrections for the most recent fiscal year. The districts must be numbered10
consecutively and are not subject to alteration more often than once every11
two years; except that, notwithstanding section 30-10-306 (3), the board12
may alter the districts to conform to precinct boundaries that are changed13
in accordance with section 1-5-103 (1), based on the division of the state14
into congressional districts or an approved plan for redistricting of the15
members of the general assembly when necessary to ensure that no16
precinct is located in more than one district. All other provisions of17
sections 1-4-205 (3)(a) and 30-10-306 (2) and (3) relating to the method18
of electing members, as provided in this subsection (5)(a), are applicable;19
except that, when districts are created, such changes must be completed20
by July 1 of the odd-numbered year immediately preceding the general21
election.22
(b) (I) Upon adoption of the boundaries of the three commissioner23
districts pursuant to subsection (2) of this section, it shall be decided by24
lot which of the five presently elected commissioners shall serve each of25
the three commissioner districts and which two commissioners shall serve26
the county at large.27
HB23-1180
-21- (II) If more than one presently elected commissioner resides1
within the boundaries of the same newly created commissioner district,2
those commissioners shall first determine by lot which of them will serve3
that district and which of them will represent the county at large. The4
remaining commissioners shall then determine by lot which of them will5
serve the two remaining districts and which of them will serve as the6
second commissioner at large.7
(III) The county clerk and recorder shall establish the time, place,8
and manner in which such lots shall be conducted and shall declare the9
official results of such lots immediately thereafter.10
(c) In the event that the registered electors of a county vote to11
change the method of election pursuant to this subsection (5), the terms12
of office of the five presently elected commissioners shall not be affected.13
(d) Thereafter, the method of election in such counties shall be as14
provided in sections 1-4-205 (3)(a), C.R.S., and 30-10-306.5 (5).15
(6) Signature requirements governing petitions for a race16
involving a seat on the board of county commissioners for the next four17
calendar years immediately following an election at which the voters have18
approved a decrease in the number of county commissioners from five to19
three under this section are specified in section 1-4-801 (2)(e), C.R.S., for20
major political party candidates, and section 1-4-802 (2), C.R.S., for21
candidates who do not wish to affiliate with a major political party.22
Following the first four calendar years after such a change in the23
membership of the board of county commissioners has been approved by24
the voters, the signature requirements for a petition for a county25
commissioner candidate must follow the procedures specified in section26
1-4-801 (2)(a), C.R.S., for major political party candidates, and section27
HB23-1180
-22- 1-4-802 (1)(c)(VI), C.R.S., for candidates who do not wish to affiliate1
with a major political party, as applicable.2
SECTION 8. In Colorado Revised Statutes, 1-4-801, amend3
(2)(e) introductory portion, (2)(e)(I), (2)(e)(II) introductory portion,4
(2)(e)(II)(B), and (2)(f) as follows:5
1-4-801. Designation of party candidates by petition. (2) The6
signature requirements for the petition are as follows:7
(e) Where the electors of the county have voted to increase WHEN8
A COUNTY HAVING A POPULATION OF SEVENTY THOUSAND OR MORE9
CHANGES the membership of the board of county commissioners from10
three to five pursuant to section 30-10-306.5, C.R.S., or to decrease the11
membership of the board from five to three pursuant to section12
30-10-306.7, C.R.S. MEMBERS TO COMPLY WITH SECTIONS 1-4-205 AND13
30-10-106.5, for the next two primary elections immediately following an14
election at which the voters have approved the change in the membership15
of the board THE CHANGE, the signature requirements for the petition are16
as follows:17
(I) Where any WHEN one or more TWO OF THE FIVE commissioners18
to be elected to the board of county commissioners will be voted on by19
voters of the whole county ELECTED AT LARGE, every petition must20
require signers equal in number to twenty percent of the average of all21
votes cast in each commissioner district in the county during the prior two22
contested or uncontested primary elections for the political party's23
candidates in each county commissioner district that held a primary24
election in either of those elections. If no primary election was held in25
either year, the calculation must be based on the most recent preceding26
general election for which the party had a candidate on the ballot, and27
HB23-1180
-23- every petition must require signers equal in number to twenty percent of1
the average of all votes cast for the political party's candidates for2
commissioner in each commissioner district in which the party had a3
candidate on the ballot.4
(II) Where WHEN any one or more OF THE FIVE commissioners to5
be elected to the board of county commissioners will be voted on only by6
the electors residing in a particular county commissioner district, the7
determination of the required number of signers must begin with a8
calculation of the average of all votes cast in each commissioner district9
in the county during the prior two contested or uncontested primary10
elections for the political party's candidates in the county commissioner11
districts that held a primary election in either of those elections. Upon a12
determination of the average, that number must then be divided by the13
total number of commissioner districts in the county where14
commissioners are voted on only by the electors residing in the district,15
whether three,
FOUR, or five. After completing this calculation, every16
petition must require signers equal in number to twenty percent of the17
number realized. If no primary election was held in either year, the18
calculation must be based on the most recent preceding general election19
for which the party had a candidate on the ballot, and every petition must20
require signers equal in number to the following calculation:21
(B) Divide the number found in sub-subparagraph (A) of this
22
subparagraph (II) SUBSECTION (2)(e)(II)(A) OF THIS SECTION by the total23
number of commissioner districts in the county where commissioners are24
voted on only by the electors residing in the district, whether three,
FOUR,25
or five.26
(f) Following the first two primary elections that are conducted27
HB23-1180
-24- after a change in the membership of the board of county commissioners1
pursuant to section 30-10-306.5 or 30-10-306.7, C.R.S. TO COMPLY WITH2
SECTIONS 1-4-205 AND 30-10-306.5, in accordance with the requirements3
of paragraph (e) of this subsection (2) SUBSECTION (2)(e) OF THIS4
SECTION, the signature requirements for a petition for a county5
commissioner candidate who is affiliated with a major political party6
must follow the procedures specified in paragraph (a) of this subsection7
(2) SUBSECTION (2)(a) OF THIS SECTION.8
SECTION 9. In Colorado Revised Statutes, 1-4-802, amend (2)9
introductory portion, (2)(a), (2)(b) introductory portion, (2)(b)(II), and (3)10
as follows:11
1-4-802. Petitions for nominating minor political party and12
unaffiliated candidates for a partisan office. (2) Where the electors of13
the county have voted to increase WHEN A COUNTY HAVING A14
POPULATION OF SEVENTY THOUSAND OR MORE CHANGES the membership15
of the board of county commissioners from three to five pursuant to16
section 30-10-306.5, C.R.S., or to decrease the membership of the board17
from five to three pursuant to section 30-10-306.7, C.R.S. MEMBERS TO18
COMPLY WITH SECTIONS 1-4-205 AND 30-10-306.5, for the next two19
general elections immediately following an election at which the voters20
have approved a change in the membership of the board THE CHANGE, the21
signature requirements for the petition to select candidates who do not22
wish to affiliate with a major political party are as follows:23
(a) Where any WHEN one or more TWO OF THE FIVE24
commissioners to be elected to the board of county commissioners will25
be voted on by voters of the whole county ELECTED AT LARGE, every26
petition must require signers equal in number to the lesser of either seven27
HB23-1180
-25- hundred fifty signers or two percent of the average of all votes cast in1
each county commissioner district for which there was a race on the ballot2
during the most recent general election;3
(b) Where any WHEN one or more OF THE FIVE commissioners to4
be elected to the board of county commissioners will be voted on only by5
the electors residing in a particular county commissioner district, every6
petition must require signers equal in number to the lesser of either:7
(II) The number realized by first determining two percent of the8
average of all votes cast in each county commissioner district for which9
there was a race on the ballot during the most recent general election, and10
then dividing that number by the total number of commissioner districts11
in the county where commissioners are voted on only by the electors12
residing in a district, whether three,
FOUR, or five.13
(3) Following the first two general elections that are conducted14
after a change in the membership of the board of county commissioners15
pursuant to section 30-10-306.5 or 30-10-306.7, C.R.S.
TO COMPLY WITH16
SECTIONS 1-4-205 AND 30-10-306.5, the signature requirements for a17
petition for a county commissioner candidate who does not wish to18
affiliate with a major political party must follow the procedures specified19
in subparagraph (VI) of paragraph (c) of subsection (1) of this section20
SUBSECTION (1)(c)(VI) OF THIS SECTION.21
SECTION 10. Act subject to petition - effective date. This act22
takes effect at 12:01 a.m. on the day following the expiration of the23
ninety-day period after final adjournment of the general assembly; except24
that, if a referendum petition is filed pursuant to section 1 (3) of article V25
of the state constitution against this act or an item, section, or part of this26
act within such period, then the act, item, section, or part will not take27
HB23-1180
-26- effect unless approved by the people at the general election to be held in1
November 2024 and, in such case, will take effect on the date of the2
official declaration of the vote thereon by the governor.3
HB23-1180
-27-