Colorado 2023 Regular Session

Colorado House Bill HB1180 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	First Regular Session
2	2	Seventy-fourth General Assembly
3	3	STATE OF COLORADO
4	4	INTRODUCED
5	5
6	6
7	7	LLS NO. 23-0433.02 Alison Killen x4350
8	8	HOUSE BILL 23-1180
9	9	House Committees Senate Committees
10	10	State, Civic, Military, & Veterans Affairs
11	11	A BILL FOR AN ACT
12	12	C
13	13	ONCERNING THE MODIFICATI ON OF COUNTY COMMISSIONER101
14	14	ELECTIONS IN COUNTIES WITH POPULATIONS OF SEVENTY102
15	15	THOUSAND OR MORE , AND, IN CONNECTION THEREWITH ,103
16	16	REQUIRING SUCH COUNTIES TO HAVE FIVE COMMISSIONERS , AT104
17	17	LEAST THREE OF WHOM ARE ELECTED ONLY BY VOTERS105
18	18	RESIDENT IN THE DISTRICT FROM WHICH THE COMMISSIONER106
19	19	RUNS FOR ELECTION.107
20	20	Bill Summary
21	21	(Note: This summary applies to this bill as introduced and does
22	22	not reflect any amendments that may be subsequently adopted. If this bill
23	23	passes third reading in the house of introduction, a bill summary that
24	24	applies to the reengrossed version of this bill will be available at
25	25	http://leg.colorado.gov
26	26	.)
27	27	HOUSE SPONSORSHIP
28	28	Marshall, deGruy Kennedy, Vigil
29	29	SENATE SPONSORSHIP
30	30	Priola,
31	31	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
32	32	Capital letters or bold & italic numbers indicate new material to be added to existing law.
33	33	Dashes through the words or numbers indicate deletions from existing law. Currently, in a county with a population of 70,000 or more, the
34	34	board of county commissioners (board) may consist of 3 commissioners
35	35	from 3 districts, with one commissioner elected from each district by
36	36	voters of the whole county. Alternatively, the board may consist of 5
37	37	commissioners, the county may be divided into 3 or 5 districts, and the
38	38	commissioners may be elected pursuant to one of 10 alternative methods.
39	39	The bill eliminates this discretionary system and instead requires
40	40	that all counties with a population of 70,000 or more have 5
41	41	commissioners, with at least 3 commissioners elected only by voters
42	42	resident in the district from which each commissioner runs for election.
43	43	The bill allows the counties to choose between 3 election alternatives:
44	44	! 3 commissioners resident in 3 districts elected by voters
45	45	resident in those districts and 2 commissioners elected at
46	46	large;
47	47	! 4 commissioners resident in 4 districts elected by voters
48	48	resident in those district and one commissioner elected at
49	49	large; or
50	50	! 5 commissioners resident in 5 districts elected only by
51	51	voters resident in those districts.
52	52	The bill makes conforming amendments to statutory provisions
53	53	concerning commissioner districts and election petition statutes. The bill
54	54	does not affect counties that have adopted home rule.
55	55	Be it enacted by the General Assembly of the State of Colorado:1
56	56	SECTION 1. Short title. The short title of this act is the "County2
57	57	Government Modernization Act".3
58	58	SECTION 2. Legislative declaration. (1) The general assembly4
59	59	hereby finds and declares that:5
60	60	(a) It is of statewide interest that voters in every Colorado county6
61	61	are empowered to elect commissioners who reflect their communities7
62	62	within the county and will be responsive and accountable to them;8
63	63	(b) This statewide interest in voter empowerment and responsive,9
64	64	accountable government requires changes to the current permissive10
65	65	system for electing county commissioners in Colorado's largest counties;11
66	66	(c) A county with a population of seventy thousand or more is12
67	67	HB23-1180-2- likely to have more numerous and diverse communities of interest than1
68	68	a county with a population of less than seventy thousand;2
69	69	(d) While counties with populations of less than seventy thousand3
70	70	may be adequately represented by three commissioners, counties with4
71	71	populations of seventy thousand or more require greater and more diverse5
72	72	representation;6
73	73	(e) Requiring all counties with populations of seventy thousand7
74	74	or more to have five commissioners will maximize the opportunity for8
75	75	voters in Colorado's largest counties to elect representatives who are9
76	76	reflective of and responsive to their interests and concerns; and10
77	77	(f) Requiring at least three of the five commissioners to be elected11
78	78	only by voters resident in the district from which the commissioner runs12
79	79	for election will also further responsiveness and accountability and guard13
80	80	against the silencing of minority perspectives.14
81	81	SECTION 3. In Colorado Revised Statutes, 1-4-205, amend (3)15
82	82	as follows:16
83	83	1-4-205. County commissioners. (3) (a) In each county having17
84	84	a population of seventy thousand or more, the board of county18
85	85	commissioners may consist either of three members, any two of whom19
86	86	shall constitute a quorum for the transaction of business, or of five20
87	87	members CONSISTS OF FIVE COMMISSIONERS, any three of whom shall21
88	88	constitute CONSTITUTE a quorum for the transaction of business. THE FIVE22
89	89	COUNTY COMMISSIONERS MUST BE ELECTED AS PROVIDED IN SECTION23
90	90	30-10-306.5 (4)(a), (4)(b),
91	91	OR (4)(c).24
92	92	(b) If the board consists of three commissioners, they shall be
93	93	25
94	94	elected as provided in subsection (2) of this section and as provided in26
95	95	section 30-10-306.7 (5), C.R.S.27
96	96	HB23-1180
97	97	-3- (c) In any county having a population of seventy thousand or1
98	98	more, the membership of the board of county commissioners may be2
99	99	increased from three to five members pursuant to section 30-10-306.5,3
100	100	C.R.S., or decreased from five to three members pursuant to section4
101	101	30-10-306.7 (2)(a)(II), C.R.S.5
102	102	SECTION 4. In Colorado Revised Statutes, 30-10-306, amend6
103	103	(1) and (2) as follows:7
104	104	30-10-306. Commissioners' districts - vacancies - definitions. 8
105	105	(1) Each county
106	106	HAVING A POPULATION OF LESS THAN SEVENTY9
107	107	THOUSAND must be divided into three compact districts by the board of10
108	108	county commissioners. Each district must be as nearly equal in population11
109	109	as possible based on the redistricting population data prepared by staff of12
110	110	the legislative council and office of legislative legal services, or any13
111	111	successor offices, in accordance with section 2-2-902. In no event shall
112	112	14
113	113	There
114	114	SHALL NOT be more than five percent deviation between the most15
115	115	populous and the least populous district in each county at the time such
116	116	16
117	117	district boundaries are adopted. Each district must be numbered17
118	118	consecutively and must not be subject to alteration more often than once18
119	119	every two years. One county commissioner must be elected from each of19
120	120	such districts by the voters of the whole county. If any county20
121	121	commissioner, during his or her term of office, moves from the district in21
122	122	which he or she resided when elected, his or her office thereupon22
123	123	becomes vacant. All proceedings by the board of county commissioners23
124	124	in formation of such districts not inconsistent with this section are24
125	125	confirmed and validated.25
126	126	(2) Each county having a population of seventy thousand or more26
127	127	that has chosen to increase the members of the board of county27
128	128	HB23-1180
129	129	-4- commissioners from three to five must be divided into three, FOUR, or five1
130	130	districts by the board of county commissioners according to the method2
131	131	of election described in section 30-10-306.5 (5) or (6) or section3
132	132	30-10-306.7. When applicable SECTION 30-10-306.5 (4)(a), (4)(b), OR4
133	133	(4)(c). The board of county commissioners shall divide the county into5
134	134	districts in accordance with the final redistricting plan approved in6
135	135	accordance with section 30-10-306.4. The districts must be as nearly7
136	136	equal in population as possible based on the redistricting population data8
137	137	prepared by staff of the legislative council and office of legislative legal9
138	138	services, or any successor offices, in accordance with section 2-2-902. In10
139	139	no event shall There SHALL NOT be more than five percent deviation11
140	140	between the most populous and the least populous district in each county12
141	141	at the time such district boundaries are adopted. Each district must be13
142	142	numbered consecutively and is not subject to alteration more often than14
143	143	once every two years; except that, notwithstanding subsection (3) of this15
144	144	section, the board may alter the districts to conform to precinct16
145	145	boundaries that are changed in accordance with section 1-5-103 (1), based17
146	146	on the division of the state into congressional districts or an approved18
147	147	plan for redistricting of the members of the general assembly when19
148	148	necessary to ensure that no precinct is located in more than one district.20
149	149	County commissioners are elected at large or from districts according to21
150	150	the method of election described in section 30-10-306.5 (5) or (6) or22
151	151	section 30-10-306.7 SECTION 30-10-306.5 (4)(a), (4)(b), OR (4)(c). If any23
152	152	county commissioner required to be resident in a district moves during his24
153	153	or her term of office from the district in which he or she resided when25
154	154	elected, his or her office thereupon becomes vacant. All proceedings by26
155	155	the board of county commissioners in formation of such districts not27
156	156	HB23-1180
157	157	-5- inconsistent with this section are confirmed and validated.1
158	158	SECTION 5. In Colorado Revised Statutes, 30-10-306.1, amend2
159	159	(1) as follows:3
160	160	30-10-306.1. Commission created - commission composition4
161	161	and appointment. (1) The board of county commissioners in each of the5
162	162	following counties EACH COUNTY HAVING A POPULATION OF SEVENTY6
163	163	THOUSAND OR MORE must designate a county commissioner district7
164	164	redistricting commission, and are IS encouraged to convene an8
165	165	independent county commissioner district redistricting commission, in9
166	166	order to adopt a plan to divide the relevant county into as many districts10
167	167	as there are county commissioners elected by voters of their district.11
168	168	(a) Counties that have any number of their county commissioners12
169	169	not elected by the voters of the whole county;13
170	170	(b) Counties that have any number of their county commissioners14
171	171	not elected by the voters of the whole county that change the number of15
172	172	county commissioners in the county; and16
173	173	(c) Counties that have all of their county commissioners elected17
174	174	by the voters of the whole county that then elect to have any number of18
175	175	their county commissioners not elected by the voters of the whole county.19
176	176	SECTION 6. In Colorado Revised Statutes, repeal and reenact,20
177	177	with amendments, 30-10-306.5 as follows:21
178	178	30-10-306.5. Requirement for five county commissioners -22
179	179	elections - redistricting. (1) I
180	180	N ANY COUNTY HAVING A POPULATION OF23
181	181	SEVENTY THOUSAND OR MORE , THE MEMBERSHIP OF THE BOARD OF24
182	182	COUNTY COMMISSIONERS CONSISTS OF FIVE MEMBERS ELECTED PURSUANT25
183	183	TO THIS SECTION.26
184	184	(2) I
185	185	F, ON THE EFFECTIVE DATE OF THIS SUBSECTION (2), AS27
186	186	HB23-1180
187	187	-6- REPEALED AND REENACTED BY THIS HOUSE BILL 23-_____, ENACTED IN1
188	188	2023,
189	189	A COUNTY HAVING A POPULATION OF SEVENTY THOUSAND OR MORE2
190	190	HAS LESS THAN FIVE COUNTY COMMISSIONERS , THE BOARD OF COUNTY3
191	191	COMMISSIONERS SHALL ADOPT A RESOLUTION C HANGING ITS MEMBERSHIP4
192	192	TO FIVE MEMBERS. THE BOARD OF COUNTY COMMISSIONERS SHALL PASS5
193	193	THE RESOLUTION NO LATER THAN ITS FIRST REGULARLY SCHEDULED6
194	194	MEETING IN THE MONTH FOLLOWING THE EFFECTIVE DATE OF THIS7
195	195	SUBSECTION (2), AS REPEALED AND REENACTED BY THIS HOUSE BILL8
196	196	23-_____,
197	197	ENACTED IN 2023, OR ITS FIRST REGULARLY SCHEDULED9
198	198	MEETING IN THE MONTH FOLLOWING AN INCREASE IN THE COUNTY 'S10
199	199	POPULATION, AS DEFINED IN SECTION 30-10-306 (6)(f), TO SEVENTY11
200	200	THOUSAND OR MORE.12
201	201	(3) (a) I
202	202	N ANY COUNTY HAVING A POPULATION OF SEVENTY13
203	203	THOUSAND OR MORE, THE BOARD OF COUNTY COMMISSIONERS SHALL PASS14
204	204	A RESOLUTION DESIGNATING THE THREE ALTERNATIVE METHODS OF15
205	205	ELECTING FIVE COUNTY COMMISSIONERS SET FORTH IN SUBSECTIONS16
206	206	(4)(a), (4)(b),
207	207	AND (4)(c) OF THIS SECTION. THE BOARD OF COUNTY17
208	208	COMMISSIONERS SHALL ADOPT THE RESOLUTION NO LATER THAN ITS FIRST18
209	209	REGULARLY SCHEDULED MEETING IN THE MONTH FOLLOWING THE19
210	210	EFFECTIVE DATE OF THIS SUBSECTION (3)(a), AS REPEALED AND20
211	211	REENACTED BY THIS HOUSE BILL 23-_____, ENACTED IN 2023, OR ITS21
212	212	FIRST REGULARLY SCHEDULED MEETING IN THE MONTH FOLLOWING AN22
213	213	INCREASE IN THE COUNTY 'S POPULATION, AS DEFINED IN SECTION23
214	214	30-10-306 (6)(f),
215	215	TO SEVENTY THOUSAND OR MORE .24
216	216	(b) T
217	217	HE RESOLUTION REQUIRED BY SUBSECTION (3)(a) OF THIS25
218	218	SECTION SHALL BE REFERRED TO THE REGISTERED ELECTORS OF THE26
219	219	COUNTY AT THE FIRST GENERAL ELECTION FOLLOWING ITS ADOPTION SO27
220	220	HB23-1180
221	221	-7- THAT THE VOTERS MAY CHOOSE WHICH OF THE THREE ALTERNATIVE1
222	222	METHODS OF ELECTING FIVE COUNTY COMMISSIONERS THEY PREFER .2
223	223	T
224	224	HEREAFTER, THE BOARD OF COUNTY COMMISSIONERS SHALL TAKE SUCH3
225	225	ACTION AS IS NECESSARY TO ENSURE THAT COUNTY COMMISSIONERS ARE4
226	226	ELECTED AT THE NEXT GENERAL ELECTION ACCORDING TO THE METHOD5
227	227	OF ELECTION CONTAINED IN THE REFERRED RESOLUTION THAT RECEIVED6
228	228	THE LARGEST NUMBER OF VOTES CAST .7
229	229	(c) A
230	230	COUNTY HAVING A POPULATION OF SEVENTY THOUSAND OR8
231	231	MORE THAT PRESENTLY ELECTS FIVE COUNTY COMMISSIONERS IN A9
232	232	MANNER CONSISTENT WITH SUBSECTION (4)(a), (4)(b), OR (4)(c) OF THIS10
233	233	SECTION IS NOT REQUIRED TO PASS THE RESOLUTION OTHERWISE REQUIRED11
234	234	BY SUBSECTION (3)(a) OF THIS SECTION.12
235	235	(4) I
236	236	N ANY COUNTY HAVING A POPULATION OF SEVENTY13
237	237	THOUSAND OR MORE , THE FIVE MEMBERS OF THE BOARD OF COUNTY14
238	238	COMMISSIONERS MUST BE ELECTED BY ONE OF THE FOLLOWING METHODS :15
239	239	(a) T
240	240	HREE COMMISSIONERS RESIDENT IN THREE DISTRICTS AND16
241	241	ELECTED BY VOTERS RESIDENT IN THOSE DISTRICTS AND TWO17
242	242	COMMISSIONERS ELECTED AT LARGE . SUCH COMMISSIONERS SHALL BE18
243	243	ELECTED AS FOLLOWS:19
244	244	(I) I
245	245	F THERE ARE THREE INCUMBENT COMMISSIONERS RESIDENT IN20
246	246	THREE DISTRICTS ELECTED BY VOTERS OF THE WHOLE COUNTY , SUCH21
247	247	COMMISSIONERS SHALL BE SUBJECT TO ELECTION AS FOLLOWS :22
248	248	(A) I
249	249	F THE FIRST GENERAL ELECTION AFTER THE VOTERS '23
250	250	SELECTION OF THE METHOD OF ELECTION SET FORTH IN THIS SUBSECTION24
251	251	(4)(a)
252	252	IS HELD IN 2026 OR ANY FOURTH YEAR THEREAFTER , TWO25
253	253	COMMISSIONERS, ONE RESIDENT IN A DISTRICT AND ONE AT LARGE, SHALL26
254	254	BE ELECTED TO FOUR-YEAR TERMS AT SAID ELECTION , ONE AT-LARGE27
255	255	HB23-1180
256	256	-8- COMMISSIONER SHALL BE ELECTED TO FILL THE TWO -YEAR VACANCY1
257	257	UNTIL THE NEXT GENERAL ELECTION , AND THREE COMMISSIONERS , TWO2
258	258	RESIDENT IN DISTRICTS AND ONE AT LARGE , SHALL BE ELECTED TO3
259	259	FOUR-YEAR TERMS AT SAID NEXT GENERAL ELECTION . THEREAFTER, TWO4
260	260	COMMISSIONERS, ONE RESIDENT IN A DISTRICT AND ONE AT LARGE, SHALL5
261	261	BE ELECTED AT THE GENERAL ELECTIONS THAT OCCUR EACH FOUR YEARS6
262	262	AFTER THE FIRST GENERAL ELECTION FOLLOWING THE VOTERS ' SELECTION7
263	263	OF THE METHOD OF ELECTION SET FORTH IN THIS SUBSECTION (4)(a), AND8
264	264	THREE COMMISSIONERS, TWO RESIDENT IN DISTRICTS AND ONE AT LARGE,9
265	265	SHALL BE ELECTED AT THE GENERAL ELECTION THAT OCCURS TWO YEARS10
266	266	AFTER THE FIRST GENERAL ELECTION FOLLOWING THE VOTERS ' SELECTION11
267	267	OF THE METHOD OF ELECTION SET FORTH IN THIS SUBSECTION (4)(a) AND12
268	268	EVERY FOURTH YEAR THEREAFTER .13
269	269	(B) I
270	270	F THE FIRST GENERAL ELECTION AFTER THE VOTERS '14
271	271	SELECTION OF THE METHOD OF ELECTION SET FORTH IN THIS SUBSECTION15
272	272	(4)(a)
273	273	IS HELD IN 2028 OR ANY FOURTH YEAR THEREAFTER , TWO16
274	274	COMMISSIONERS RESIDENT IN DISTRICTS AND ONE AT -LARGE17
275	275	COMMISSIONER SHALL BE ELECTED TO FOUR -YEAR TERMS AT SAID18
276	276	ELECTION, ONE AT-LARGE COMMISSIONER SHALL BE ELECTED TO FILL THE19
277	277	TWO-YEAR VACANCY UNTIL THE NEXT GENERAL ELECTION , AND TWO20
278	278	COMMISSIONERS, ONE RESIDENT IN A DISTRICT AND ONE AT LARGE, SHALL21
279	279	BE ELECTED TO FOUR-YEAR TERMS AT SAID NEXT GENERAL ELECTION .22
280	280	T
281	281	HEREAFTER, THREE COMMISSIONERS, TWO RESIDENT IN DISTRICTS AND23
282	282	ONE AT LARGE, SHALL BE ELECTED AT THE GENERAL ELECTIONS THAT24
283	283	OCCUR EACH FOUR YEARS AFTER THE FIRST GENERAL ELECTION25
284	284	FOLLOWING THE VOTERS' SELECTION OF THE METHOD OF ELECTION SET26
285	285	FORTH IN THIS SUBSECTION (4)(a), AND TWO COMMISSIONERS , ONE27
286	286	HB23-1180
287	287	-9- RESIDENT IN A DISTRICT AND ONE AT LARGE, SHALL BE ELECTED AT THE1
288	288	GENERAL ELECTION THAT OCCURS TWO YEARS AFTER THE FIRST GENERAL2
289	289	ELECTION FOLLOWING THE VOTERS ' SELECTION OF THE METHOD OF3
290	290	ELECTION SET FORTH IN THIS SUBSECTION (4)(a) AND EVERY FOURTH YEAR4
291	291	THEREAFTER.5
292	292	(C) P
293	293	RIOR TO MARCH 1 OF THE ELECTION YEAR, THE BOARD OF6
294	294	COUNTY COMMISSIONERS SHALL DESIGNATE THE AT -LARGE POSITION7
295	295	FROM WHICH A COMMISSIONER IS TO BE ELECTED TO A TWO -YEAR TERM TO8
296	296	FILL A VACANCY DESCRIBED IN SUBSECTION (4)(a)(I)(A) OR (4)(a)(I)(B)9
297	297	OF THIS SECTION.10
298	298	(II) (A) I
299	299	F THERE ARE FIVE INCUMBENT COMMISSIONERS RESIDENT11
300	300	IN FIVE DISTRICTS, THE BOARD OF COUNTY COMMISSIONERS SHALL12
301	301	CHANGE THE BOUNDARIES OF THE COMMISSIONERS ' DISTRICTS TO CREATE13
302	302	THREE DISTRICTS IN ACCORDANCE WITH THE REQUIREMENTS OF SECTION14
303	303	30-10-306
304	304	(2) AND THE COUNTY'S FINAL REDISTRICTING PLAN APPROVED15
305	305	IN ACCORDANCE WITH SECTION 30-10-306.4.16
306	306	(B) U
307	307	PON ADOPTION OF THE BOUNDARIES OF THE THREE DISTRICTS17
308	308	PURSUANT TO SUBSECTION (4)(a)(II)(A) OF THIS SECTION, IT SHALL BE18
309	309	DECIDED BY LOT WHICH OF THE FIVE INCUMBENT COMMISSIONERS SHALL19
310	310	SERVE THE THREE DISTRICTS AND WHICH COMMISSIONERS SHALL SERVE20
311	311	THE COUNTY AT LARGE.21
312	312	(C) I
313	313	F MORE THAN ONE INCUMBENT COMMISSIONER RESIDES22
314	314	WITHIN THE BOUNDARIES OF THE SAME NEWLY CREATED DISTRICT , THOSE23
315	315	COMMISSIONERS SHALL FIRST DETERMINE BY LOT WHICH OF THEM WILL24
316	316	SERVE THAT DISTRICT AND WHICH OF THEM WILL REPRESENT THE COUNTY25
317	317	AT LARGE. THE REMAINING COMMISSIONERS SHALL THEN DETERMINE BY26
318	318	LOT WHICH OF THEM WILL SERVE THE REMAINING DISTRICTS AND WHICH27
319	319	HB23-1180
320	320	-10- OF THEM WILL SERVE AS THE SECOND COMMISSIONER AT LARGE .1
321	321	(D) T
322	322	HE COUNTY CLERK AND RECORDER SHALL ESTABLISH THE2
323	323	TIME, PLACE, AND MANNER IN WHICH SUCH LOTS SHALL BE CONDUCTED3
324	324	AND SHALL DECLARE THE OFFICIAL RESULTS OF SUCH LOTS IMMEDIATELY4
325	325	THEREAFTER.5
326	326	(E) T
327	327	HEREAFTER, THE METHOD OF ELECTION IN SUCH COUNTIES6
328	328	SHALL BE AS PROVIDED IN SUBSECTIONS (4)(a)(I)(A) TO (4)(a)(I)(C) OF7
329	329	THIS SECTION.8
330	330	(b) F
331	331	OUR COMMISSIONERS RESIDENT IN FOUR DISTRICTS AND9
332	332	ELECTED BY VOTERS RESIDENT IN THOSE DISTRICTS AND ONE10
333	333	COMMISSIONER ELECTED AT LARGE . SUCH COMMISSIONERS SHALL BE11
334	334	ELECTED AS FOLLOWS:12
335	335	(I) (A) I
336	336	F THERE ARE THREE INCUMBENT COMMISSIONERS13
337	337	RESIDENT IN THREE DISTRICTS, THE BOARD OF COUNTY COMMISSIONERS14
338	338	SHALL CHANGE THE BOUNDARIES OF THE COMMISSIONERS ' DISTRICTS TO15
339	339	CREATE FOUR DISTRICTS IN ACCORDANCE WITH THE REQUIREMENTS OF16
340	340	SECTION 30-10-306 (2) AND THE COUNTY'S FINAL REDISTRICTING PLAN17
341	341	APPROVED IN ACCORDANCE WITH SECTION 30-10-306.4.18
342	342	(B) U
343	343	PON ADOPTION OF THE BOUNDARIES OF THE FOUR DISTRICTS19
344	344	PURSUANT TO SUBSECTION (4)(b)(I)(A) OF THIS SECTION, THE THREE20
345	345	INCUMBENT COMMISSIONERS SHALL SERVE THE NEWLY CREATED21
346	346	DISTRICTS IN WHICH THEY RESIDE.22
347	347	(C) I
348	348	F MORE THAN ONE INCUMBENT COMMISSIONER RESIDES23
349	349	WITHIN THE BOUNDARIES OF THE SAME NEWLY CREATED DISTRICT , THOSE24
350	350	COMMISSIONERS SHALL DETERMINE BY LOT WHICH OF THEM WILL SERVE25
351	351	THAT DISTRICT AND WHICH OF THEM WILL REPRESENT THE COUNTY AT26
352	352	LARGE.27
353	353	HB23-1180
354	354	-11- (D) THE COUNTY CLERK AND RECORDER SHALL ESTABLISH THE1
355	355	TIME, PLACE, AND MANNER IN WHICH SUCH LOTS SHALL BE CONDUCTED2
356	356	AND SHALL DECLARE THE OFFICIAL RESULTS OF SUCH LOTS IMMEDIATELY3
357	357	THEREAFTER.4
358	358	(E) T
359	359	HEREAFTER, IF THE FIRST GENERAL ELECTION FOLLOWING THE5
360	360	VOTERS' SELECTION OF THE METHOD OF ELECTION SET FORTH IN THIS6
361	361	SUBSECTION (4)(b) IS HELD IN 2026 OR ANY FOURTH YEAR THEREAFTER ,7
362	362	TWO COMMISSIONERS, ONE RESIDENT IN A DISTRICT AND ONE AT-LARGE8
363	363	COMMISSIONER, SHALL BE ELECTED TO FOUR -YEAR TERMS AT SAID9
364	364	ELECTION, ONE COMMISSIONER RESIDENT IN A DISTRICT SHALL BE ELECTED10
365	365	TO FILL THE TWO-YEAR VACANCY UNTIL THE NEXT GENERAL ELECTION ,11
366	366	AND THREE COMMISSIONERS RESIDENT IN DISTRICTS SHALL BE ELECTED TO12
367	367	FOUR-YEAR TERMS AT SAID NEXT GENERAL ELECTION . THEREAFTER, TWO13
368	368	COMMISSIONERS, ONE RESIDENT IN A DISTRICT AND ONE AT LARGE, SHALL14
369	369	BE ELECTED AT THE GENERAL ELECTIONS THAT OCCUR EACH FOUR YEARS15
370	370	AFTER THE FIRST GENERAL ELECTION FOLLOWING THE VOTERS ' SELECTION16
371	371	OF THE METHOD OF ELECTION SET FORTH IN THIS SUBSECTION (4)(b), AND17
372	372	THREE COMMISSIONERS RESIDENT IN DISTRICTS SHALL BE ELECTED AT THE18
373	373	GENERAL ELECTION THAT OCCURS TWO YEARS AFTER THE FIRST GENERAL19
374	374	ELECTION FOLLOWING THE VOTERS ' SELECTION OF THE METHOD OF20
375	375	ELECTION SET FORTH IN THIS SUBSECTION (4)(b) AND EVERY FOURTH YEAR21
376	376	THEREAFTER.22
377	377	(F) I
378	378	F THE FIRST GENERAL ELECTION AFTER THE VOTERS '23
379	379	SELECTION OF THE METHOD OF ELECTION SET FORTH IN THIS SUBSECTION24
380	380	(4)(b)
381	381	IS HELD IN 2028 OR ANY FOURTH YEAR THEREAFTER , TWO25
382	382	COMMISSIONERS RESIDENT IN DISTRICTS AND ONE AT -LARGE26
383	383	COMMISSIONER SHALL BE ELECTED TO FOUR -YEAR TERMS AT SAID27
384	384	HB23-1180
385	385	-12- ELECTION, ONE COMMISSIONER RESIDENT IN A DISTRICT SHALL BE ELECTED1
386	386	TO FILL THE TWO-YEAR VACANCY UNTIL THE NEXT GENERAL ELECTION ,2
387	387	AND TWO COMMISSIONERS RESIDENT IN DISTRICTS SHALL BE ELECTED TO3
388	388	FOUR-YEAR TERMS AT SAID NEXT GENERAL ELECTION . THEREAFTER,4
389	389	THREE COMMISSIONERS, TWO RESIDENT IN DISTRICTS AND ONE AT LARGE,5
390	390	SHALL BE ELECTED AT THE GENERAL ELECTIONS THAT OCCUR EACH FOUR6
391	391	YEARS AFTER THE FIRST GENERAL ELECTION FOLLOWING THE VOTERS '7
392	392	SELECTION OF THE METHOD OF ELECTION SET FORTH IN THIS SUBSECTION8
393	393	(4)(b),
394	394	AND TWO COMMISSIONERS RESIDENT IN DISTRICTS SHALL BE9
395	395	ELECTED AT THE GENERAL ELECTION THAT OCCURS TWO YEARS AFTER THE10
396	396	FIRST GENERAL ELECTION FOLLOWING THE VOTERS ' SELECTION OF THE11
397	397	METHOD OF ELECTION SET FORTH IN THIS SUBSECTION (4)(b) AND EVERY12
398	398	FOURTH YEAR THEREAFTER .13
399	399	(G) P
400	400	RIOR TO MARCH 1 OF THE ELECTION YEAR, THE BOARD OF14
401	401	COUNTY COMMISSIONERS SHALL DESIGNATE THE DISTRICT FROM WHICH A15
402	402	COMMISSIONER IS TO BE ELECTED TO A TWO -YEAR TERM TO FILL A16
403	403	VACANCY DESCRIBED IN SUBSECTION (4)(b)(I)(E) OR (4)(b)(I)(F) OF THIS17
404	404	SECTION.18
405	405	(II) (A) I
406	406	F THERE ARE FIVE INCUMBENT COMMISSIONERS , THE19
407	407	BOARD OF COUNTY COMMISSIONERS SHALL CHANGE THE BOUNDARIES OF20
408	408	THE COMMISSIONERS ' DISTRICTS TO CREATE FOUR DISTRICTS IN21
409	409	ACCORDANCE WITH THE REQUIREMENTS OF SECTION 30-10-306 (2) AND22
410	410	THE COUNTY'S FINAL REDISTRICTING PLAN APPROVED IN ACCORDANCE23
411	411	WITH SECTION 30-10-306.4.24
412	412	(B) U
413	413	PON ADOPTION OF THE BOUNDARIES OF THE FOUR DISTRICTS25
414	414	PURSUANT TO SUBSECTION (4)(b)(II)(A) OF THIS SECTION, IT SHALL BE26
415	415	DECIDED BY LOT WHICH OF THE FIVE INCUMBENT COMMISSIONERS SHALL27
416	416	HB23-1180
417	417	-13- SERVE THE FOUR DISTRICTS AND WHICH COMMISSIONER SHALL SERVE THE1
418	418	COUNTY AT LARGE.2
419	419	(C) I
420	420	F MORE THAN ONE INCUMBENT COMMISSIONER RESIDES3
421	421	WITHIN THE BOUNDARIES OF THE SAME NEWLY CREATED DISTRICT , THOSE4
422	422	COMMISSIONERS SHALL FIRST DETERMINE BY LOT WHICH OF THEM WILL5
423	423	SERVE THAT DISTRICT AND WHICH OF THEM WILL REPRESENT THE COUNTY6
424	424	AT LARGE. THE REMAINING COMMISSIONERS SHALL THEN DETERMINE BY7
425	425	LOT WHICH OF THEM WILL SERVE THE REMAINING DISTRICTS .8
426	426	(D) T
427	427	HE COUNTY CLERK AND RECORDER SHALL ESTABLISH THE9
428	428	TIME, PLACE, AND MANNER IN WHICH SUCH LOTS SHALL BE CONDUCTED10
429	429	AND SHALL DECLARE THE OFFICIAL RESULTS OF SUCH LOTS IMMEDIATELY11
430	430	THEREAFTER.12
431	431	(E) T
432	432	HEREAFTER, THE METHOD OF ELECTION IN SUCH COUNTIES13
433	433	SHALL BE AS PROVIDED IN SUBSECTIONS (4)(b)(I)(E) TO (4)(b)(I)(G) OF14
434	434	THIS SECTION.15
435	435	(c) F
436	436	IVE COMMISSIONERS RESIDENT IN FIVE DISTRICTS ELECTED BY16
437	437	VOTERS RESIDENT IN THOSE DISTRICTS. SUCH COMMISSIONERS SHALL BE17
438	438	ELECTED AS FOLLOWS:18
439	439	(I) (A) I
440	440	F THERE ARE THREE INCUMBENT COMMISSIONERS19
441	441	RESIDENT IN THREE DISTRICTS, THE BOARD OF COUNTY COMMISSIONERS20
442	442	SHALL CHANGE THE BOUNDARIES OF THE COMMISSIONERS ' DISTRICTS TO21
443	443	CREATE FIVE DISTRICTS IN ACCORDANCE WITH THE REQUIREMENTS OF22
444	444	SECTION 30-10-306 (2) AND THE COUNTY'S FINAL REDISTRICTING PLAN23
445	445	APPROVED IN ACCORDANCE WITH SECTION 30-10-306.4.24
446	446	(B) U
447	447	PON ADOPTION OF THE BOUNDARIES OF THE FIVE DISTRICTS25
448	448	PURSUANT TO SUBSECTION (4)(c)(I)(A) OF THIS SECTION, THE THREE26
449	449	INCUMBENT COMMISSIONERS SHALL SERVE THE NEWLY CREATED27
450	450	HB23-1180
451	451	-14- DISTRICTS IN WHICH THEY RESIDE.1
452	452	(C) I
453	453	F MORE THAN ONE INCUMBENT COMMISSIONER RESIDES2
454	454	WITHIN THE BOUNDARIES OF THE SAME NEWLY CREATED DISTRICT , THOSE3
455	455	COMMISSIONERS SHALL DETERMINE BY LOT WHICH OF THEM WILL SERVE4
456	456	THAT DISTRICT. THE REMAINING COMMISSIONERS SHALL THEN DETERMINE5
457	457	BY LOT WHICH OF THEM WILL SERVE THE REMAINING DISTRICTS .6
458	458	(D) T
459	459	HE COUNTY CLERK AND RECORDER SHALL ESTABLISH THE7
460	460	TIME, PLACE, AND MANNER IN WHICH SUCH LOTS SHALL BE CONDUCTED8
461	461	AND SHALL DECLARE THE OFFICIAL RESULTS OF SUCH LOTS IMMEDIATELY9
462	462	THEREAFTER.10
463	463	(E) T
464	464	HEREAFTER, IF THE FIRST GENERAL ELECTION AFTER THE11
465	465	VOTERS' SELECTION OF THE METHOD OF ELECTION SET FORTH IN THIS12
466	466	SUBSECTION (4)(c) IS HELD IN 2026 OR ANY FOURTH YEAR THEREAFTER ,13
467	467	TWO MEMBERS RESIDENT IN DISTRICTS SHALL BE ELECTED TO FOUR -YEAR14
468	468	TERMS AT SAID GENERAL ELECTION , ONE MEMBER RESIDENT IN DISTRICT15
469	469	SHALL BE ELECTED TO FILL THE VACANCY UNTIL THE NEXT GENERAL16
470	470	ELECTION, AND THREE MEMBERS RESIDENT IN DISTRICTS SHALL BE17
471	471	ELECTED TO FOUR-YEAR TERMS AT SAID NEXT GENERAL ELECTION .18
472	472	T
473	473	HEREAFTER, TWO MEMBERS RESIDENT IN DISTRICTS SHALL BE ELECTED19
474	474	AT THE GENERAL ELECTIONS THAT OCCUR EACH FOUR YEARS AFTER THE20
475	475	FIRST GENERAL ELECTION FOLLOWING THE VOTERS ' SELECTION OF THE21
476	476	METHOD OF ELECTION SET FORTH IN THIS SUBSECTION (4)(c) AND THREE22
477	477	MEMBERS RESIDENT IN DISTRICTS SHALL BE ELECTED AT THE GENERAL23
478	478	ELECTION THAT OCCURS TWO YEARS AFTER THE FIRST GENERAL ELECTION24
479	479	FOLLOWING THE VOTERS' SELECTION OF THE METHOD OF ELECTION SET25
480	480	FORTH IN THIS SUBSECTION (4)(c) AND EVERY FOURTH YEAR THEREAFTER .26
481	481	(F) I
482	482	F THE FIRST GENERAL ELECTION AFTER THE VOTERS '27
483	483	HB23-1180
484	484	-15- SELECTION OF THE METHOD OF ELECTION SET FORTH IN THIS SUBSECTION1
485	485	(4)(c)
486	486	IS HELD IN 2028 OR ANY FOURTH YEAR THEREAFTER , THREE2
487	487	MEMBERS RESIDENT IN DISTRICTS SHALL BE ELECTED TO FOUR -YEAR3
488	488	TERMS AT SAID ELECTION, ONE MEMBER RESIDENT IN A DISTRICT SHALL BE4
489	489	ELECTED TO FILL THE VACANCY UNTIL THE NEXT GENERAL ELECTION , AND5
490	490	TWO MEMBERS RESIDENT IN DISTRICT SHALL BE ELECTED TO FOUR -YEAR6
491	491	TERMS AT SAID NEXT GENERAL ELECTION . THEREAFTER, THREE MEMBERS7
492	492	RESIDENT IN DISTRICTS SHALL BE ELECTED AT THE GENERAL ELECTIONS8
493	493	THAT OCCUR EACH FOUR YEARS AFTER THE FIRST GENERAL ELECTION9
494	494	FOLLOWING THE VOTERS' SELECTION OF THE METHOD OF ELECTION SET10
495	495	FORTH IN THIS SUBSECTION (4)(c), AND TWO MEMBERS RESIDENT IN11
496	496	DISTRICTS SHALL BE ELECTED AT THE GENERAL ELECTION THAT OCCURS12
497	497	TWO YEARS AFTER THE FIRST GENERAL ELECTION FOLLOWING THE VOTERS '13
498	498	SELECTION OF THE METHOD OF ELECTION SET FORTH IN THIS SUBSECTION14
499	499	(4)(c)
500	500	AND EVERY FOURTH YEAR THEREAFTER .15
501	501	(G) P
502	502	RIOR TO MARCH 1 OF THE ELECTION YEAR, THE BOARD OF16
503	503	COUNTY COMMISSIONERS SHALL DESIGNATE THE DISTRICT FROM WHICH A17
504	504	COMMISSIONER IS TO BE ELECTED TO A TWO -YEAR TERM TO FILL A18
505	505	VACANCY DESCRIBED IN SUBSECTION (4)(c)(I)(E) OR (4)(c)(I)(F) OF THIS19
506	506	SECTION.20
507	507	(II) I
508	508	F THERE ARE FIVE INCUMBENT COMMISSIONERS RESIDENT IN21
509	509	FIVE DISTRICTS AND ONE OR MORE COMMISSIONERS IS ELECTED BY VOTERS22
510	510	OF THE WHOLE COUNTY , SUCH COMMISSIONERS SHALL BE SUBJECT TO23
511	511	ELECTION AS SET FORTH IN SUBSECTIONS (4)(c)(I)(E) TO (4)(c)(I)(G) OF24
512	512	THIS SECTION.25
513	513	(5) A
514	514	LL PROCEEDINGS BY A BOARD OF COUNTY COMMISSIONERS IN26
515	515	ELECTING FIVE COUNTY COMMISSIONERS IN A MANNER CONSISTENT WITH27
516	516	HB23-1180
517	517	-16- SUBSECTION (4)(a), (4)(b), OR (4)(c) OF THIS SECTION ARE CONFIRMED1
518	518	AND VALIDATED.2
519	519	(6) S
520	520	UBJECT TO REFERRAL AS PROVIDED IN THIS SUBSECTION (6),3
521	521	A BOARD OF COUNTY COMMISSIONERS IN A C OUNTY HAVING A POPULATION4
522	522	OF SEVENTY THOUSAND OR MORE MAY PASS A RESOLUTION C HANGING THE5
523	523	METHOD OF ELECTING THE MEMBERS OF THE BOARD . THE RESOLUTION6
524	524	MUST BE REFERRED TO THE REGISTERED ELECTORS OF THE COUNTY AT A7
525	525	GENERAL ELECTION. THE RESOLUTION MUST DESIGNATE AT LEAST TWO OF8
526	526	THE THREE ALTERNATIVE METHODS OF ELECTING FIVE COUNTY9
527	527	COMMISSIONERS SET FORTH IN SUBSECTIONS (4)(a), (4)(b), AND (4)(c) OF10
528	528	THIS SECTION. IF A MAJORITY OF VOTES ARE CAST IN FAVOR OF THE11
529	529	RESOLUTION, THE BOARD OF COUNTY COMMISSIONERS SHALL TAKE SUCH12
530	530	ACTION AS IS NECESSARY TO ENSURE THAT COUNTY COMMISSIONERS ARE13
531	531	ELECTED AT THE NEXT GENERAL ELECTION ACCORDING TO THE METHOD14
532	532	OF ELECTION CONTAINED IN THE REFERRED RESOLUTION THAT RECEIVED15
533	533	THE LARGEST NUMBER OF VOTES CAST .16
534	534	(7) (a) I
535	535	N THE ALTERNATIVE, A PETITION SIGNED BY A LEAST EIGHT17
536	536	PERCENT OF THE TOTAL NUMBER OF QUALIFIED ELECTORS OF A COUNTY18
537	537	VOTING FOR ALL CANDIDATES FOR THE OFFICE OF SECRETARY OF STATE AT19
538	538	THE LAST PRECEDING GENERAL ELECTION IS SUFFICIENT TO PLACE ON THE20
539	539	BALLOT AT A GENERAL ELECTION THE QUESTION OF WHETHER TO CHANGE21
540	540	THE METHOD OF ELECTING FIVE COUNTY COMMISSIONERS . SUCH PETITION22
541	541	MUST SPECIFY THE PROPOSED METHOD OF ELECTION IN ACCOR DANCE WITH23
542	542	SUBSECTION (4)(a), (4)(b), OR (4)(c) OF THIS SECTION. SUCH PETITION24
543	543	MUST BE DELIVERED TO THE COUNTY CLERK AND RECORDED PRIOR TO THE25
544	544	NINETIETH DAY BEFORE THE NEXT GENERAL ELECTION WITH A REQUEST26
545	545	THAT THE QUESTION BE PLACED ON THE BALLOT FOR REFERRAL TO THE27
546	546	HB23-1180
547	547	-17- REGISTERED ELECTORS OF THE COUNTY AT SAID NEXT GENERAL ELECTION .1
548	548	(b) I
549	549	F A MAJORITY OF THE VOTES CAST ARE IN FAVOR OF CHANGING2
550	550	THE METHOD OF ELECTION , IN ACCORDANCE WITH SUBSECTION (4)(a),3
551	551	(4)(b),
552	552	OR (4)(c) OF THIS SECTION, THE BOARD OF COUNTY COMMISSIONERS4
553	553	SHALL TAKE SUCH ACTION AS IS NECESSARY TO ENSURE THAT COUNTY5
554	554	COMMISSIONERS ARE ELECTED AT THE NEXT GENERAL ELECTION6
555	555	ACCORDING TO THE METHOD OF ELECTION SELECTED BY THE VOTERS7
556	556	PURSUANT TO THIS SUBSECTION (7).8
557	557	SECTION 7. In Colorado Revised Statutes, repeal 30-10-306.79
558	558	as follows:10
559	559	30-10-306.7. Procedure for electing county commissioners.11
560	560	(1) In any county having a population of seventy thousand or more which
561	561	12
562	562	has increased the membership of the board of county commissioners to13
563	563	five pursuant to sections 1-4-205 (3)(a), C.R.S., and 30-10-306.5, the14
564	564	registered electors may, either by referendum or by initiative, change the15
565	565	method of electing said members or reduce the membership of the board16
566	566	of county commissioners to three, pursuant to the procedures in this17
567	567	section.18
568	568	(2) (a) In any such county, the method of electing members of the19
569	569	board of county commissioners may be changed to any one of the20
570	570	following methods:21
571	571	(I) Five commissioners resident in five districts, elected by the22
572	572	voters of the whole county or elected only by voters resident in the district23
573	573	from which the member runs for election. In such case, the procedures for24
574	574	election shall be in accordance with section 30-10-306.5 (6). The county25
575	575	clerk and recorder shall make any other necessary provision to effectuate26
576	576	the change in method of election.27
577	577	HB23-1180
578	578	-18- (II) Three commissioners resident in three districts, elected by the1
579	579	voters of the whole county or elected only by voters resident in the district2
580	580	from which the member runs for election. In such case, the procedures for3
581	581	election shall be in accordance with subsection (5) of this section.4
582	582	(III) Five commissioners elected as follows: Three commissioners5
583	583	resident in three districts and elected by voters resident in those districts6
584	584	and two commissioners elected at large; or three commissioners resident7
585	585	in districts and elected by voters of the whole county and two8
586	586	commissioners elected at large. In such case, the procedures for election9
587	587	shall be in accordance with paragraph (a) of subsection (5) of this section.10
588	588	(b) The registered electors of such a county may, either by11
589	589	referendum or by initiative, decrease the members of the board of county12
590	590	commissioners from five to three. In such case, the term of office of all13
591	591	members serving on the board shall expire at the time the next duly14
592	592	elected board takes the oath of office following the first general election15
593	593	after the voters' approval of such decrease, and three new members shall16
594	594	be elected in accordance with sections 1-4-205 (2), C.R.S., and17
595	595	30-10-306. Two seats, as determined by lot, shall be elected for four-year18
596	596	terms and the remaining seat shall be elected for a two-year term of office19
597	597	in accordance with sections 1-4-205 (2), C.R.S., and 30-10-306. The20
598	598	county clerk and recorder shall make any necessary changes to effectuate21
599	599	the decrease in membership.22
600	600	(3) (a) Subject to referral as provided in this subsection (3), a23
601	601	board of county commissioners may pass a resolution decreasing the24
602	602	membership of the board, as provided in subsection (2) of this section.25
603	603	Prior to the ninetieth day before the next general election, the board of26
604	604	county commissioners shall request that the county clerk and recorder27
605	605	HB23-1180
606	606	-19- place the resolution on the ballot for referral to the registered electors of1
607	607	the county at the next general election.2
608	608	(b) Subject to referral as provided in this subsection (3), a board3
609	609	of county commissioners may pass a resolution changing the method of4
610	610	electing the members of the board. The resolution shall be referred to the5
611	611	registered electors of the county at a general election. If any number of6
612	612	the county commissioners are not elected by the voters of the whole7
613	613	county when the board of county commissioners passes this resolution,8
614	614	then the resolution must designate no fewer than two of the methods of9
615	615	election set forth in subsection (2) of this section. If a majority of votes10
616	616	cast are in favor of the resolution, the board of county commissioners11
617	617	shall take such action as is necessary to ensure that the county12
618	618	commissioners are elected at the next general election according to the13
619	619	procedure for election contained in the resolution that received the largest14
620	620	number of votes cast.15
621	621	(4) In the alternative, a petition signed by at least eight percent of16
622	622	the total number of qualified electors of a county voting for all candidates17
623	623	for the office of secretary of state at the last preceding general election18
624	624	shall be sufficient to place on the ballot at a general election the question19
625	625	of whether to change the method of electing members of the board or to20
626	626	decrease the membership of the board. In the case of a petition to change21
627	627	the method of electing members of the board, such petition shall specify22
628	628	the method of election according to subsection (2) of this section. Such23
629	629	a petition, shall be delivered to the county clerk and recorder prior to the24
630	630	ninetieth day before the next general election with a request that the25
631	631	question be placed on the ballot for referral to the registered electors of26
632	632	the county at the next general election.27
633	633	HB23-1180
634	634	-20- (5) (a) If a majority of the votes cast on the question are in favor1
635	635	of changing the method of electing the five commissioners or providing2
636	636	for three commissioners, as provided in subsection (2)(a)(II) or (2)(a)(III)3
637	637	of this section, the board of county commissioners shall change the4
638	638	boundaries of the commissioner districts so as to create three districts as5
639	639	nearly equal in population as possible based on the most recent federal6
640	640	census of the United States minus the number of persons serving a7
641	641	sentence of detention or confinement in any correctional facility in the8
642	642	county as indicated in the statistical report of the department of9
643	643	corrections for the most recent fiscal year. The districts must be numbered10
644	644	consecutively and are not subject to alteration more often than once every11
645	645	two years; except that, notwithstanding section 30-10-306 (3), the board12
646	646	may alter the districts to conform to precinct boundaries that are changed13
647	647	in accordance with section 1-5-103 (1), based on the division of the state14
648	648	into congressional districts or an approved plan for redistricting of the15
649	649	members of the general assembly when necessary to ensure that no16
650	650	precinct is located in more than one district. All other provisions of17
651	651	sections 1-4-205 (3)(a) and 30-10-306 (2) and (3) relating to the method18
652	652	of electing members, as provided in this subsection (5)(a), are applicable;19
653	653	except that, when districts are created, such changes must be completed20
654	654	by July 1 of the odd-numbered year immediately preceding the general21
655	655	election.22
656	656	(b) (I) Upon adoption of the boundaries of the three commissioner23
657	657	districts pursuant to subsection (2) of this section, it shall be decided by24
658	658	lot which of the five presently elected commissioners shall serve each of25
659	659	the three commissioner districts and which two commissioners shall serve26
660	660	the county at large.27
661	661	HB23-1180
662	662	-21- (II) If more than one presently elected commissioner resides1
663	663	within the boundaries of the same newly created commissioner district,2
664	664	those commissioners shall first determine by lot which of them will serve3
665	665	that district and which of them will represent the county at large. The4
666	666	remaining commissioners shall then determine by lot which of them will5
667	667	serve the two remaining districts and which of them will serve as the6
668	668	second commissioner at large.7
669	669	(III) The county clerk and recorder shall establish the time, place,8
670	670	and manner in which such lots shall be conducted and shall declare the9
671	671	official results of such lots immediately thereafter.10
672	672	(c) In the event that the registered electors of a county vote to11
673	673	change the method of election pursuant to this subsection (5), the terms12
674	674	of office of the five presently elected commissioners shall not be affected.13
675	675	(d) Thereafter, the method of election in such counties shall be as14
676	676	provided in sections 1-4-205 (3)(a), C.R.S., and 30-10-306.5 (5).15
677	677	(6) Signature requirements governing petitions for a race16
678	678	involving a seat on the board of county commissioners for the next four17
679	679	calendar years immediately following an election at which the voters have18
680	680	approved a decrease in the number of county commissioners from five to19
681	681	three under this section are specified in section 1-4-801 (2)(e), C.R.S., for20
682	682	major political party candidates, and section 1-4-802 (2), C.R.S., for21
683	683	candidates who do not wish to affiliate with a major political party.22
684	684	Following the first four calendar years after such a change in the23
685	685	membership of the board of county commissioners has been approved by24
686	686	the voters, the signature requirements for a petition for a county25
687	687	commissioner candidate must follow the procedures specified in section26
688	688	1-4-801 (2)(a), C.R.S., for major political party candidates, and section27
689	689	HB23-1180
690	690	-22- 1-4-802 (1)(c)(VI), C.R.S., for candidates who do not wish to affiliate1
691	691	with a major political party, as applicable.2
692	692	SECTION 8. In Colorado Revised Statutes, 1-4-801, amend3
693	693	(2)(e) introductory portion, (2)(e)(I), (2)(e)(II) introductory portion,4
694	694	(2)(e)(II)(B), and (2)(f) as follows:5
695	695	1-4-801. Designation of party candidates by petition. (2) The6
696	696	signature requirements for the petition are as follows:7
697	697	(e) Where the electors of the county have voted to increase WHEN8
698	698	A COUNTY HAVING A POPULATION OF SEVENTY THOUSAND OR MORE9
699	699	CHANGES the membership of the board of county commissioners from10
700	700	three to five pursuant to section 30-10-306.5, C.R.S., or to decrease the11
701	701	membership of the board from five to three pursuant to section12
702	702	30-10-306.7, C.R.S. MEMBERS TO COMPLY WITH SECTIONS 1-4-205 AND13
703	703	30-10-106.5, for the next two primary elections immediately following an14
704	704	election at which the voters have approved the change in the membership15
705	705	of the board THE CHANGE, the signature requirements for the petition are16
706	706	as follows:17
707	707	(I) Where any WHEN one or more TWO OF THE FIVE commissioners18
708	708	to be elected to the board of county commissioners will be voted on by19
709	709	voters of the whole county ELECTED AT LARGE, every petition must20
710	710	require signers equal in number to twenty percent of the average of all21
711	711	votes cast in each commissioner district in the county during the prior two22
712	712	contested or uncontested primary elections for the political party's23
713	713	candidates in each county commissioner district that held a primary24
714	714	election in either of those elections. If no primary election was held in25
715	715	either year, the calculation must be based on the most recent preceding26
716	716	general election for which the party had a candidate on the ballot, and27
717	717	HB23-1180
718	718	-23- every petition must require signers equal in number to twenty percent of1
719	719	the average of all votes cast for the political party's candidates for2
720	720	commissioner in each commissioner district in which the party had a3
721	721	candidate on the ballot.4
722	722	(II) Where WHEN any one or more OF THE FIVE commissioners to5
723	723	be elected to the board of county commissioners will be voted on only by6
724	724	the electors residing in a particular county commissioner district, the7
725	725	determination of the required number of signers must begin with a8
726	726	calculation of the average of all votes cast in each commissioner district9
727	727	in the county during the prior two contested or uncontested primary10
728	728	elections for the political party's candidates in the county commissioner11
729	729	districts that held a primary election in either of those elections. Upon a12
730	730	determination of the average, that number must then be divided by the13
731	731	total number of commissioner districts in the county where14
732	732	commissioners are voted on only by the electors residing in the district,15
733	733	whether three,
734	734	FOUR, or five. After completing this calculation, every16
735	735	petition must require signers equal in number to twenty percent of the17
736	736	number realized. If no primary election was held in either year, the18
737	737	calculation must be based on the most recent preceding general election19
738	738	for which the party had a candidate on the ballot, and every petition must20
739	739	require signers equal in number to the following calculation:21
740	740	(B) Divide the number found in sub-subparagraph (A) of this
741	741	22
742	742	subparagraph (II) SUBSECTION (2)(e)(II)(A) OF THIS SECTION by the total23
743	743	number of commissioner districts in the county where commissioners are24
744	744	voted on only by the electors residing in the district, whether three,
745	745	FOUR,25
746	746	or five.26
747	747	(f) Following the first two primary elections that are conducted27
748	748	HB23-1180
749	749	-24- after a change in the membership of the board of county commissioners1
750	750	pursuant to section 30-10-306.5 or 30-10-306.7, C.R.S. TO COMPLY WITH2
751	751	SECTIONS 1-4-205 AND 30-10-306.5, in accordance with the requirements3
752	752	of paragraph (e) of this subsection (2) SUBSECTION (2)(e) OF THIS4
753	753	SECTION, the signature requirements for a petition for a county5
754	754	commissioner candidate who is affiliated with a major political party6
755	755	must follow the procedures specified in paragraph (a) of this subsection7
756	756	(2) SUBSECTION (2)(a) OF THIS SECTION.8
757	757	SECTION 9. In Colorado Revised Statutes, 1-4-802, amend (2)9
758	758	introductory portion, (2)(a), (2)(b) introductory portion, (2)(b)(II), and (3)10
759	759	as follows:11
760	760	1-4-802. Petitions for nominating minor political party and12
761	761	unaffiliated candidates for a partisan office. (2) Where the electors of13
762	762	the county have voted to increase WHEN A COUNTY HAVING A14
763	763	POPULATION OF SEVENTY THOUSAND OR MORE CHANGES the membership15
764	764	of the board of county commissioners from three to five pursuant to16
765	765	section 30-10-306.5, C.R.S., or to decrease the membership of the board17
766	766	from five to three pursuant to section 30-10-306.7, C.R.S. MEMBERS TO18
767	767	COMPLY WITH SECTIONS 1-4-205 AND 30-10-306.5, for the next two19
768	768	general elections immediately following an election at which the voters20
769	769	have approved a change in the membership of the board THE CHANGE, the21
770	770	signature requirements for the petition to select candidates who do not22
771	771	wish to affiliate with a major political party are as follows:23
772	772	(a) Where any WHEN one or more TWO OF THE FIVE24
773	773	commissioners to be elected to the board of county commissioners will25
774	774	be voted on by voters of the whole county ELECTED AT LARGE, every26
775	775	petition must require signers equal in number to the lesser of either seven27
776	776	HB23-1180
777	777	-25- hundred fifty signers or two percent of the average of all votes cast in1
778	778	each county commissioner district for which there was a race on the ballot2
779	779	during the most recent general election;3
780	780	(b) Where any WHEN one or more OF THE FIVE commissioners to4
781	781	be elected to the board of county commissioners will be voted on only by5
782	782	the electors residing in a particular county commissioner district, every6
783	783	petition must require signers equal in number to the lesser of either:7
784	784	(II) The number realized by first determining two percent of the8
785	785	average of all votes cast in each county commissioner district for which9
786	786	there was a race on the ballot during the most recent general election, and10
787	787	then dividing that number by the total number of commissioner districts11
788	788	in the county where commissioners are voted on only by the electors12
789	789	residing in a district, whether three,
790	790	FOUR, or five.13
791	791	(3) Following the first two general elections that are conducted14
792	792	after a change in the membership of the board of county commissioners15
793	793	pursuant to section 30-10-306.5 or 30-10-306.7, C.R.S.
794	794	TO COMPLY WITH16
795	795	SECTIONS 1-4-205 AND 30-10-306.5, the signature requirements for a17
796	796	petition for a county commissioner candidate who does not wish to18
797	797	affiliate with a major political party must follow the procedures specified19
798	798	in subparagraph (VI) of paragraph (c) of subsection (1) of this section20
799	799	SUBSECTION (1)(c)(VI) OF THIS SECTION.21
800	800	SECTION 10. Act subject to petition - effective date. This act22
801	801	takes effect at 12:01 a.m. on the day following the expiration of the23
802	802	ninety-day period after final adjournment of the general assembly; except24
803	803	that, if a referendum petition is filed pursuant to section 1 (3) of article V25
804	804	of the state constitution against this act or an item, section, or part of this26
805	805	act within such period, then the act, item, section, or part will not take27
806	806	HB23-1180
807	807	-26- effect unless approved by the people at the general election to be held in1
808	808	November 2024 and, in such case, will take effect on the date of the2
809	809	official declaration of the vote thereon by the governor.3
810	810	HB23-1180
811	811	-27-