First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 23-0436.02 Pierce Lively x2059
HOUSE BILL 23-1206
House Committees Senate Committees
Judiciary
A BILL FOR AN ACT
C
ONCERNING INDIVIDUALS EMPLOYED BY GOVERNMENT IN THE FIELD101
OF LAW ENFORCEMENT , AND, IN CONNECTION THEREWITH ,102
REQUIRING THAT SHERIFFS IN CERTAIN COUNTIES POSSESS A103
BACHELOR'S DEGREE OR HIGHER, REQUIRING THAT CANDIDATES104
FOR THE OFFICES OF COUNTY SH ERIFF AND DISTRICT ATTORNEY105
PETITION ONTO THE BALLOT , AND PROHIBITING CERTAIN106
POLITICAL ACTIVITIES BY COUNTY SHERIFF 'S OFFICE107
EMPLOYEES.108
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
HOUSE SPONSORSHIP
Marshall,
SENATE SPONSORSHIP
(None),
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. http://leg.colorado.gov.)
The bill requires a county sheriff in a county with a population of
25,000 or more to possess a bachelor's degree or higher in criminal justice
or a related field.
The bill requires candidates for the offices of county sheriff and
district attorney to petition onto the ballot and prevents those candidates
from being nominated as a candidate for a primary process election.
Relatedly, the bill also prevents a ballot from listing the political
affiliation of candidates for the offices of county sheriff and district
attorney and excludes county sheriffs and district attorneys from party
committees.
Lastly, the bill prohibits county sheriff's office employees from
participating in specified political activities.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 1-3-103, amend2
(1)(b)(I), (1)(b)(II), (4)(a), and (4)(d); and add (14) as follows:3
1-3-103. Party committees. (1) (b) (I) All of the precinct4
committeepersons of the political party in the county, all of the district5
captains and co-captains, if any, of the political party in the county, and6
the county party officers selected pursuant to paragraph (c) of this
7
subsection (1) SUBSECTION (1)(c) OF THIS SECTION, together with the8
elected county public officials,
EXCLUDING COUNTY SHERIFFS , the state9
senators and representatives, the United States senators and10
representatives,
AND the elected state public officials, and
BUT NOT the11
district attorney, who are members of the party and who reside within the12
county, shall constitute the membership of the county central committee,13
but the multiple office shall not entitle a person to more than one vote,14
excluding proxies.15
(II) In counties which THAT have adopted a five-commissioner16
board or county home rule, such THE county central committee shall be17
HB23-1206-2- constituted of IS all the precinct committeepersons from precincts in the1
county commissioner district, together with the officers selected pursuant2
to this subparagraph (II) SUBSECTION (1)(b)(II) OF THIS SECTION, and the3
state senators and representatives and the district attorney who are4
members of the party and who reside within the district, Such BUT NOT5
THE DISTRICT ATTORNEY WHO RESIDES WITHIN THE DISTRICT . THE county6
central committee shall meet on the same date and select a chairperson7
and vice-chairperson in the same manner as the county central committee.8
Such THE central committee shall select a vacancy committee for the9
purpose of filling vacancies in the office of county commissioner held by10
members of the political party.11
(4) (a) The chairpersons and vice-chairpersons of the several party12
county central committees, who reside within each judicial district,13
together with BUT NOT the elected district attorney of the party for the14
judicial district, shall constitute the judicial district central committee.15
(d) When a judicial district is comprised of one county or a16
portion of one county, the judicial district central committee shall consist17
CONSISTS of all elected precinct committeepersons, the elected district18
attorney, and the chairperson, the vice-chairperson, and the secretary of19
the county central committee, all of whom are of the party and reside in20
that judicial district,
BUT NOT THE ELECTED DISTRICT ATTORNEY . The21
committee shall meet on the same date and select a chairperson and22
vice-chairperson in the same manner as a party county central committee.23
(14) N
OTWITHSTANDING ANY LAW TO THE CONTRARY , THE24
COMMITTEES DESCRIBED IN THIS SECTION SHALL NOT EXCLUDE A COUNTY25
SHERIFF OR DISTRICT ATTORNEY WHO IS ELECTED BEFORE NOVEMBER 1,26
2023.
HOWEVER, IF A COUNTY SHERIFF OR DISTRICT ATTORNEY IS ELECTED27
HB23-1206
-3- BEFORE NOVEMBER 1, 2023, THAT COUNTY SHERIFF OR DISTRICT1
ATTORNEY IS EXCLUDED FROM THE COMMITTEES DESCRIBED IN THIS2
SECTION, IF HE OR SHE IS REELECTED AFTER NOVEMBER 1, 2023.3
SECTION 2. In Colorado Revised Statutes, amend 1-4-206 as4
follows:5
1-4-206. Other county officers. At the general election in 19826
and every four years thereafter, one county clerk and recorder, who shall7
be IS ex officio recorder of deeds and clerk of the board of county8
commissioners; one sheriff qualified pursuant to section 30-10-501.5;9
C.R.S. one coroner qualified pursuant to section 30-10-601.5; C.R.S. one10
treasurer, who shall be collector of taxes; one county superintendent of11
schools, unless the office of county superintendent of schools is abolished12
at a general election; one county surveyor; and one county assessor shall13
be elected in each county, excluding a city and county. The term of office14
of all such officials shall be IS four years. THE NAME OF THE POLITICAL15
PARTY WITH WHICH A CANDIDATE FOR THE OFFICE OF SHERIFF IS16
AFFILIATED SHALL NOT BE LISTED NEXT TO THE CANDIDATE 'S NAME ON17
THE BALLOT.18
SECTION 3. In Colorado Revised Statutes, 1-4-502, amend (1)19
as follows:20
1-4-502. Methods of nomination for partisan candidates.21
(1) Except as otherwise provided in paragraphs (b) and (c) of subsection22
(3) SUBSECTIONS (3)(b) AND (3)(c) of this section, nominations for United23
States senator, representative in congress, governor, lieutenant governor,24
secretary of state, state treasurer, attorney general, member of the state25
board of education, regent of the university of Colorado, member of the26
general assembly, district attorney, and all county officers, EXCEPT FOR27
HB23-1206
-4- COUNTY SHERIFFS, to be elected at the general election may be made by1
primary election under section 1-4-101 or by assembly or convention2
under section 1-4-702 by major political parties, by petition for3
nomination as provided in section 1-4-802, or by a minor political party4
as provided in section 1-4-1304.5
SECTION 4. In Colorado Revised Statutes, 1-4-601, amend6
(3)(b) as follows:7
1-4-601. Designation of candidates for primary election -8
definition. (3) (b) The written acceptance of a candidate nominated by9
assembly for any national or state office or for member of the general10
assembly, district attorney, or district office greater than a county office11
shall be filed by the presiding officer or secretary of such assembly with12
the certificate of designation of such THE assembly, as required by section13
1-4-604 (1)(a). Nothing in this paragraph (b) shall prohibit SUBSECTION14
(3)(b)
PROHIBITS a candidate from filing an acceptance of nomination15
directly with the officer with whom the certificate of designation is filed16
following written notice of such
THE filing by the candidate to the17
presiding officer of the political party holding such THE assembly.18
SECTION 5. In Colorado Revised Statutes, 1-4-604, amend19
(6)(a)(I) as follows:20
1-4-604. Filing of petitions and certificates of designation by21
assembly - legislative declaration. (6) (a) (I) Except as provided in22
subsection (6)(a)(II) of this section, no later than four days after the23
adjournment of the assembly, the state central committee of each political24
party, utilizing the information described in subsection (1)(b) of this25
section, shall file with the secretary of state a compilation of the26
certificates of designation of each assembly that nominated candidates for27
HB23-1206
-5- any national or state office or for member of the general assembly, district1
attorney, or district office greater than a county office. Such A2
compilation of certificates of designation may be transmitted by facsimile3
transmission; however, the original compilation must also be filed and4
postmarked no later than ten days after the adjournment of the assembly.5
SECTION 6. In Colorado Revised Statutes, 1-4-801, amend6
(2)(a); and repeal (2)(b.5) as follows:7
1-4-801. Designation of party candidates by petition. (2) The8
signature requirements for the petition are as follows:9
(a) Every petition in the case of a candidate for any county office10
EXCEPT COUNTY SHERIFF must be signed by electors eligible to vote11
within the county commissioner district or political subdivision for which12
the officer is to be elected. Except as otherwise provided in subsection13
(2)(e) of this section, the petition requires the lesser of one thousand14
signers or signers equal in number to ten percent of the votes cast in the15
political subdivision at the contested or uncontested primary election for16
the political party's candidate for the office for which the petition is being17
circulated or, if there was no primary election, at the last preceding18
general election for which there was a candidate for the office.19
Notwithstanding any other provision of law, an unaffiliated elector is not20
eligible to sign a petition for a candidate of a major political party.21
(b.5) Every petition in the case of a candidate for the office of
22
district attorney must be signed by eligible electors resident within the23
district for which the officer is to be elected. The petition requires the24
lesser of one thousand signers or signers equal in number to ten percent25
of the votes cast in the district at the contested or uncontested primary26
election for the political party's candidate for the office for which the27
HB23-1206
-6- petition is being circulated or, if there was no primary election, at the last1
preceding general election for which there was a candidate for the office.2
SECTION 7. In Colorado Revised Statutes, 1-4-802, amend3
(1)(c) introductory portion; and repeal (1)(c)(VI) as follows:4
1-4-802. Petitions for nominating minor political party and5
unaffiliated candidates for a partisan office. (1) Candidates for6
partisan public offices to be filled at a general or congressional vacancy7
election who do not wish to affiliate with a major political party may be8
nominated, other than by a primary election or a convention, in the9
following manner:10
(c) Every petition for the office of president and vice president,11
for statewide office, for congressional district office, for the office of12
member of the general assembly, for district attorney, and for county13
office,
EXCEPT SHERIFF, must be signed by eligible electors residing14
within the district or political subdivision in which the officer is to be15
elected. Except as otherwise provided in subsection (2) of this section, the16
number of signatures of eligible electors on a petition is as follows: 17
(VI) The lesser of one thousand or three percent of the votes cast
18
in the district in the most recent general election for the office of district19
attorney; and20
SECTION 8. In Colorado Revised Statutes, add 1-4-805.5 as21
follows:22
1-4-805.5. Petitions for nominating county sheriffs. (1) A
NY23
PERSON WHO DESIRES TO BE A CANDIDATE FOR C OUNTY SHERIFF SHALL24
FILE A NOMINATING PETITION SIGNED BY A NUMBER OF ELIGIBLE ELECTORS25
EQUAL TO THE LESSER OF ONE THOUSAND SIGNERS OR TEN PERCENT OF26
VOTES CAST IN THE LAST PRECEDING GENERAL ELECTION FOR WHICH27
HB23-1206
-7- THERE WAS A CANDIDATE FOR THE OFFICE .1
(2) P
ETITIONS FOR NOMINATING COUNTY SHERIFFS MUST COMPLY2
WITH THE REQUIREMENTS OF PART 9 OF THIS ARTICLE 4.3
(3) P
ETITIONS MUST BE FILED WITH THE SECRETARY OF STATE NO4
LATER THAN 3 P.M. ON THE FIFTY-FIFTH DAY PRECEDING THE DATE OF THE5
ELECTION.6
(4) N
OTWITHSTANDING ANY PROVISION OF LAW TO THE7
CONTRARY, A CANDIDATE FOR COUNTY SHERIFF SHALL NOT BE NOMINATED8
BY A PRIMARY ELECTION.9
SECTION 9. In Colorado Revised Statutes, add 1-4-805.7 as10
follows:11
1-4-805.7. Petitions for nominating district attorneys. (1) A
NY12
PERSON WHO DESIRES TO BE A CANDIDATE FOR DISTRICT ATTORNEY SHALL13
FILE A NOMINATING PETITION SIGNED BY A NUMBER OF ELIGIBLE ELECTORS14
EQUAL TO THE LESSER OF ONE THOUSAND SIGNERS OR TEN PERCENT OF15
THE VOTES CAST IN THE LAST PRECEDING GENERAL ELECTION FOR WHICH16
THERE WAS A CANDIDATE FOR THE OFFICE .17
(2) P
ETITIONS FOR NOMINATING DISTRICT ATTORNEYS MUST18
COMPLY WITH THE REQUIREMENTS OF PART 9 OF THIS ARTICLE 4.19
(3) P
ETITIONS MUST BE FILED WITH THE SECRETARY OF STATE NO20
LATER THAN 3 P.M. ON THE FIFTY-FIFTH DAY PRECEDING THE DATE OF THE21
ELECTION.22
(4) N
OTWITHSTANDING ANY PROVISION OF LAW TO THE23
CONTRARY, A CANDIDATE FOR DISTRICT ATTORNEY SHALL NOT BE24
NOMINATED BY A PRIMARY ELECTION .25
SECTION 10. In Colorado Revised Statutes, 1-4-1010, amend26
(1) introductory portion; and repeal (2) as follows:27
HB23-1206
-8- 1-4-1010. Vacancies in office occurring from the sixty-eighth1
day prior to primary election day through the earliest day to mail2
general election ballots. (1) Except as otherwise provided in subsection3
(2) of this section, or section 1-4-1010 (2) any vacancy in a statewide or4
county office, in the office of district attorney, EXCEPT FOR COUNTY5
SHERIFF, or in the office of a state senator occurring during a term of6
office and falling within the time periods governed by section 1-4-1002,7
1-4-1003, 1-4-1004, or 1-4-1005 shall be filled at the next general8
election with nomination or designation by the political party as follows:9
(2) Any vacancy in a statewide or county office, in the office of10
district attorney, or in the office of a state senator occurring during a term11
of office shall be filled at the next general election with nomination or12
designation by a minor political party pursuant to the constitution or13
bylaws of the minor political party.14
SECTION 11. In Colorado Revised Statutes, 1-5-402, amend15
(1)(b) as follows:16
1-5-402. Primary election ballots. (1) No later than thirty-two17
days before the primary election, the county clerk and recorder shall18
prepare a separate ballot for each political party. The ballots shall be19
printed in the following manner:20
(b) The positions on the ballot shall be arranged as follows: First,21
candidates for United States senator; next, congressional candidates; next,22
state candidates; next, legislative candidates; next, district attorney23
candidates; next, other candidates for district offices greater than a county24
office; next, candidates for county commissioners; next, county clerk and25
recorder candidates; next, county treasurer candidates; next, county26
assessor candidates; next, county sheriff candidates; next, county surveyor27
HB23-1206
-9- candidates; and next, county coroner candidates. When other offices are1
to be filled at the coming general election, the county clerk and recorder,2
in preparing the primary ballot, shall use substantially the form prescribed3
by this section, stating the proper designation of the office and placing the4
names of the candidates for the office under the name of the office.5
SECTION 12. In Colorado Revised Statutes, 1-5-403, amend (4)6
as follows:7
1-5-403. Content of ballots for general and congressional8
vacancy elections. (4) The name of each person nominated shall be9
printed or written upon the ballot in only one place. Each nominated10
person's name may include one nickname, if the person regularly uses the11
nickname and the nickname does not include any part of a political party12
name. Opposite the name of each person nominated, including candidates13
for president and vice president and joint candidates for governor and14
lieutenant governor, shall be the name of the political party or political15
organization which nominated the candidate, expressed in not more than16
three words. Those three words may not promote the candidate or17
constitute a campaign promise. A
CANDIDATE FOR THE OFFICE OF DISTRICT18
ATTORNEY SHALL NOT HAVE THE NAME OF THE POLITICAL PARTY WITH19
WHICH THE CANDIDATE IS AFFILIATED LISTED NEXT TO THE CANDIDATE 'S20
NAME ON THE BALLOT.21
SECTION 13. In Colorado Revised Statutes, 30-10-501.5, add22
(2) as follows:23
30-10-501.5. Qualifications. (2) B
EGINNING NOVEMBER 1, 2023,24
NO PERSON IS ELIGIBLE FOR NOMINATION, ELECTION, OR APPOINTMENT TO25
THE OFFICE OF SHERIFF IN A COUNTY WITH A POPULATION OF TWENTY -FIVE26
THOUSAND OR MORE UNLESS THE PERSON POSSESSES A BACHELOR 'S27
HB23-1206
-10- DEGREE OR HIGHER IN CRIMINAL JUSTICE OR THE LEGAL FIELD .1
SECTION 14. In Colorado Revised Statutes, add 30-10-527 as2
follows:3
30-10-527. Limitations on political activities - definition.4
(1) A
S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE5
REQUIRES,"EMPLOYEE OF THE COUNTY SHERIFF 'S OFFICE" MEANS ANY6
EMPLOYEE OF THE COUNTY SHERIFF 'S OFFICE INCLUDING THE COUNTY7
SHERIFF AND ANY DEPUTY SHERIFFS.8
(2) A
N EMPLOYEE OF THE COUNTY SHERIFF 'S OFFICE SHALL NOT:9
(a) P
ARTICIPATE IN ANY POLITICAL CAMPAIGN WHILE ON DUTY ;10
(b) S
OLICIT MONEY ON BEHALF OF ANY POLITICAL CAMPAIGNS ;11
EXCEPT THAT THIS SUBSECTION (2)(b) SHALL NOT PROHIBIT AN EMPLOYEE12
OF THE COUNTY SHERIFF'S OFFICE WHO IS RUNNING FOR AN ELECTED13
OFFICE FROM SOLICITING AND ACCEPTING CAMPAIGN CONTRIBUTIONS FOR14
THE EMPLOYEE'S OWN ELECTION CAMPAIGN IF THE EMPLOYEE IS NOT ON15
DUTY OR IN UNIFORM WHEN SUCH ACTIVITIES OCCUR ;16
(c) U
SE THE EMPLOYEE'S OFFICIAL POSITION TO MAKE ANY PUBLIC17
ENDORSEMENT OF ANY CANDIDATE IN ANY CAMPAIGN FOR ELECTED18
OFFICE; EXCEPT THAT, IF THE EMPLOYEE IS RUNNING FOR AN ELECTED19
OFFICE, THEN THE RESTRICTION IN THIS SUBSECTION (2)(c) DOES NOT20
APPLY TO THE EMPLOYEE'S OWN CAMPAIGN;21
(d) U
SE THE EMPLOYEE'S OFFICIAL POSITION TO REFLECT THE22
EMPLOYEE'S PERSONAL POLITICAL FEELINGS AS THOSE OF THE COUNTY23
SHERIFF'S DEPARTMENT OR USE THE EMPLOYEE 'S OFFICIAL POSITION TO24
EXERT ANY PRESSURE ON ANYONE TO INFLUENCE THAT PERSON 'S25
POLITICAL VIEWS;26
(e) D
ISPLAY ANY POLITICAL ADVERTISING OR PARAPHERNALIA ON27
HB23-1206
-11- THE EMPLOYEE'S BODY OR AUTOMOBILE WHILE ON DUTY OR IN UNIFORM ;1
(f) D
ISPLAY CAMPAIGN LITERATURE , BANNERS, PLACARDS,2
STREAMERS, STICKERS, SIGNS, OR OTHER ITEMS OF CAMPAIGN OR3
POLITICAL ADVERTISING ON BEHALF OF ANY PARTY , COMMITTEE, OR4
AGENCY OR CANDIDATE FOR POLITICAL OFFICE ON THE PREMISES OF ANY5
BUILDING OR LAND OWNED BY THE COUNTY OR USE ANY FACILITIES OF THE6
COUNTY, INCLUDING EQUIPMENT AND VEHICLES, FOR THOSE PURPOSES; OR7
(g) U
SE COUNTY PUBLIC BUILDINGS OR FACILITIES FOR MEETINGS8
OR PREPARATION OF CAMPAIGN ACTIVITY IN SUPPORT OF ANY PARTICULAR9
CANDIDATE, PARTY, OR MEASURE.10
(3) E
XCEPT AS PROVIDED IN SUBSECTION (2)(f) OF THIS SECTION,11
NOTHING IN SUBSECTION (2) OF THIS SECTION PROHIBITS OR PREVENTS ANY12
SUCH EMPLOYEE FROM BECOMING OR CONTINUING TO BE A MEMBER OF A13
POLITICAL CLUB OR ORGANIZATION AND ENJOYING ALL THE RIGHTS AND14
PRIVILEGES OF SUCH MEMBERSHIP OR FROM ATTENDING ANY POLITICAL15
MEETINGS WHILE NOT ON DUTY .16
(4) A
NY PERSON WHO VIOLATES SUBSECTION (2) OF THIS SECTION17
IS SUBJECT TO A CIVIL PENALTY NOT TO EXCEED ONE THOUSAND DOLLARS18
PER VIOLATION AND MAY BE DISMISSED FROM THE SERVICE OF THE19
COUNTY SHERIFF'S OFFICE.20
SECTION 15. Act subject to petition - effective date. This act21
takes effect at 12:01 a.m. on the day following the expiration of the22
ninety-day period after final adjournment of the general assembly; except23
that, if a referendum petition is filed pursuant to section 1 (3) of article V24
of the state constitution against this act or an item, section, or part of this25
act within such period, then the act, item, section, or part will not take26
effect unless approved by the people at the general election to be held in27
HB23-1206
-12- November 2024 and, in such case, will take effect on the date of the1
official declaration of the vote thereon by the governor.2
HB23-1206
-13-