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Colorado Senate Bill SB101

Colorado 2023 Regular Session

Colorado Senate Bill SB101 Compare Versions

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11 First Regular Session
22 Seventy-fourth General Assembly
33 STATE OF COLORADO
44 INTRODUCED
55
66
77 LLS NO. 23-0538.01 Nicole Myers x4326
88 SENATE BILL 23-101
99 Senate Committees House Committees
1010 State, Veterans, & Military Affairs
1111 A BILL FOR AN ACT
1212 C
1313 ONCERNING CANDIDATE BALLOT ACCESS FOR PRIMARY ELECTIONS .101
1414 Bill Summary
1515 (Note: This summary applies to this bill as introduced and does
1616 not reflect any amendments that may be subsequently adopted. If this bill
1717 passes third reading in the house of introduction, a bill summary that
1818 applies to the reengrossed version of this bill will be available at
1919 http://leg.colorado.gov
2020 .)
2121 Currently, a major and, depending on party rules, a minor, political
2222 party candidate can access a primary election ballot in the state either by
2323 gathering a statutorily established number of petition signatures or by
2424 being nominated through the political party assembly process. Section 1
2525 of the bill eliminates the option for a major political party candidate to
2626 access a primary election ballot by being nominated through the political
2727 party assembly process, and section 16 eliminates the option for a minor
2828 political party candidate.
2929 SENATE SPONSORSHIP
3030 Kirkmeyer, Gardner
3131 HOUSE SPONSORSHIP
3232 Bradfield,
3333 Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
3434 Capital letters or bold & italic numbers indicate new material to be added to existing law.
3535 Dashes through the words or numbers indicate deletions from existing law. Current law prohibits an unaffiliated voter from signing a petition
3636 for a major political party candidate and prohibits a major political party
3737 candidate from circulating a party petition or gathering any signatures
3838 prior to the third Tuesday in January. Section 2 changes the first day on
3939 which a major political party candidate may circulate a petition and gather
4040 signatures to the day on which the secretary of state provides notice to the
4141 candidate that the petition has been approved as to form and eliminates
4242 the prohibition against an unaffiliated voter signing a petition for a major
4343 political party candidate.
4444 The number of petition signatures that a candidate must collect to
4545 access a primary election ballot is currently different for a candidate who
4646 is a member of a major political party and a candidate who is a member
4747 of a minor political party. Section 3 aligns the signature requirements for
4848 a candidate who is a member of a minor political party with the
4949 requirements for a candidate who is a member of a major political party.
5050 Section 3 also aligns the methods by which a candidate who is a
5151 member of a minor political party may access the presidential primary
5252 election ballot with those of a candidate who is a member of a minor
5353 political party.
5454 In addition, the date on which a candidate may first circulate a
5555 petition or gather signatures is different for a candidate who is a member
5656 of a major political party than for a candidate who is unaffiliated or a
5757 member of a minor political party. Section 3 aligns the day on which all
5858 candidates may circulate a petition or gather signatures to the day on
5959 which the secretary of state provides notice to the candidate that the
6060 petition has been approved as to form.
6161 For a petition to nominate a candidate from a major political party
6262 in a partisan election, current law requires each person who signs the
6363 petition to be affiliated with the major political party named in the
6464 petition. Section 4 allows a person who is not affiliated with any political
6565 party to sign one petition per office to nominate a candidate from a major
6666 political party in a partisan election.
6767 Current law specifies that for a candidate who is a member of a
6868 major political party to be placed on a presidential primary election ballot,
6969 the candidate must submit a notarized statement of intent and either a
7070 filing fee or a petition signed by at least 5,000 eligible electors affiliated
7171 with the candidate's political party who reside in the district. Section 5
7272 allows the petition to be signed by eligible electors who have not been
7373 affiliated with any political party for at least 22 days.
7474 Sections 6 through 16, 18, and 19 make conforming amendments.
7575 Be it enacted by the General Assembly of the State of Colorado:1
7676 SECTION 1. In Colorado Revised Statutes, repeal 1-4-601 as2
7777 SB23-101-2- follows:1
7878 1-4-601. Designation of candidates for primary election -2
7979 definition. (1) (a) Assemblies of the major political parties may make3
8080 assembly designations of candidates for nomination on the primary4
8181 election ballot. Except as provided in subsection (1)(b) of this section, an5
8282 assembly shall be held no later than seventy-three days preceding the6
8383 primary election.7
8484 (b) Repealed.8
8585 (1.5) To be named as a candidate for designation by assembly, a9
8686 person must provide notice as follows no less than thirty days before the10
8787 assembly, unless otherwise provided by party rules:11
8888 (a) A person seeking designation by a county assembly must12
8989 provide notice to the county chair;13
9090 (b) A person seeking designation by a multi-county district14
9191 assembly must provide notice to the multi-county district chair and the15
9292 state chair; and16
9393 (c) A person seeking designation by the state assembly must17
9494 provide notice to the state chair.18
9595 (2) (a) An assembly must take no more than two ballots for party19
9696 candidates for each office to be filled at the next general election. Every20
9797 candidate receiving thirty percent or more of the votes of all duly21
9898 accredited assembly delegates who are present and voting on that office22
9999 must be certified by affidavit of the presiding officer and secretary of the23
100100 assembly. If no candidate receives thirty percent or more of the votes of24
101101 all duly accredited assembly delegates who are present and voting, a25
102102 second ballot must be cast on all the candidates for that office. If on the26
103103 second ballot no candidate receives thirty percent or more of the votes27
104104 SB23-101
105105 -3- cast, the two candidates receiving the highest number of votes must be1
106106 certified as candidates for that office by the assembly. The certificate of2
107107 designation by assembly must state the name of the office for which each3
108108 person is a candidate and the candidate's name and address, must4
109109 designate in not more than three words the name of the political party5
110110 which the candidate represents, and must certify that the candidate has6
111111 been a member of the political party for the period of time required by7
112112 party rule or by subsection (4) of this section if the party has no such rule.8
113113 The candidate's affiliation, as shown in the statewide voter registration9
114114 system, is prima facie evidence of political party membership. The10
115115 certificate of designation must indicate the order of the vote received at11
116116 the assembly by candidates for each office, but no assembly shall declare12
117117 that any one candidate has received the nomination of the assembly. The13
118118 certificate of designation must be filed in accordance with section14
119119 1-4-604. If two or more candidates receiving designation under this15
120120 subsection (2) have received an equal number of votes, the order of16
121121 certification of designation is determined by lot by the candidates. The17
122122 assembly shall select a vacancy committee for vacancies in designation18
123123 or nomination only.19
124124 (b) Repealed.20
125125 (c) Notwithstanding any provision to the contrary, a delegate may21
126126 participate in the assembly remotely, including casting the delegate's vote22
127127 by e-mail, mail, telephone, or through an internet-based application if23
128128 allowed by the party's rules.24
129129 (3) (a) Except as provided in paragraph (b) of this subsection (3),25
130130 no later than four days after the adjournment of the assembly, each26
131131 candidate designated by assembly shall file a written acceptance with the27
132132 SB23-101
133133 -4- officer with whom the certificate of designation is filed. This acceptance1
134134 may be transmitted by facsimile transmission. If the acceptance is2
135135 transmitted by facsimile transmission, the original acceptance must also3
136136 be filed and postmarked no later than ten days after the adjournment of4
137137 the assembly. The acceptance shall state the candidate's name in the form5
138138 in which it is to appear on the ballot. The name may include one6
139139 nickname, if the candidate regularly uses the nickname and the nickname7
140140 does not include any part of a political party name. If an acceptance is not8
141141 filed within the specified time, the candidate shall be deemed to have9
142142 declined the designation; except that the candidate shall not be deemed10
143143 to have declined the designation and shall be included on the primary11
144144 ballot if late filing of an acceptance is caused by the failure to timely file12
145145 a certificate of designation or the failure to file such acceptance with such13
146146 certificate of designation, as required by section 1-4-604 (1)(a).14
147147 (b) The written acceptance of a candidate nominated by assembly15
148148 for any national or state office or for member of the general assembly,16
149149 district attorney, or district office greater than a county office shall be17
150150 filed by the presiding officer or secretary of such assembly with the18
151151 certificate of designation of such assembly, as required by section 1-4-60419
152152 (1)(a). Nothing in this paragraph (b) shall prohibit a candidate from filing20
153153 an acceptance of nomination directly with the officer with whom the21
154154 certificate of designation is filed following written notice of such filing22
155155 by the candidate to the presiding officer of the political party holding such23
156156 assembly.24
157157 (4) (a) No person is eligible for designation by assembly as a25
158158 candidate for nomination at any primary election unless the person was26
159159 affiliated with the political party holding the assembly, as shown in the27
160160 SB23-101
161161 -5- statewide voter registration system, no later than the first business day of1
162162 the January immediately preceding the primary election, unless otherwise2
163163 provided by party rules.3
164164 (b) Repealed.4
165165 (5) As used in this section, "political party" means a major5
166166 political party as defined in section 1-1-104 (22).6
167167 SECTION 2. In Colorado Revised Statutes, 1-4-801, amend7
168168 (2)(a) and (5)(a) as follows:8
169169 1-4-801. Designation of party candidates by petition. (2) The9
170170 signature requirements for the petition are as follows:10
171171 (a) Every petition in the case of a candidate for any county office11
172172 must be signed by electors eligible to vote within the county12
173173 commissioner district or political subdivision for which the officer is to13
174174 be elected. Except as otherwise provided in subsection (2)(e) of this14
175175 section, the petition requires the lesser of one thousand signers or signers15
176176 equal in number to ten percent of the votes cast in the political16
177177 subdivision at the contested or uncontested primary election for the17
178178 political party's candidate for the office for which the petition is being18
179179 circulated or, if there was no primary election, at the last preceding19
180180 general election for which there was a candidate for the office.20
181181 Notwithstanding any other provision of law, an unaffiliated elector is not21
182182 eligible to sign a petition for a candidate of a major political party.22
183183 (5) (a) Party petitions shall not be circulated nor any signatures be23
184184 obtained prior to the third Tuesday in January THE DAY ON WHICH THE24
185185 SECRETARY OF STATE PROVIDES NOTICE TO THE CANDIDATE THAT THE25
186186 PETITION HAS BEEN APPROVED AS TO FORM PURSUANT TO SECTION26
187187 1-4-903. Petitions must be filed no later than the close of business on the27
188188 SB23-101
189189 -6- third Tuesday in March.1
190190 SECTION 3. In Colorado Revised Statutes, 1-4-802, amend2
191191 (1)(c) and (1)(d); and add (1)(c.5) as follows:3
192192 1-4-802. Petitions for nominating minor political party and4
193193 unaffiliated candidates for a partisan office. (1) Candidates for5
194194 partisan public offices to be filled at a general or congressional vacancy6
195195 election who do not wish to affiliate with a major political party may be7
196196 nominated, other than by a primary election or a convention, in the8
197197 following manner:9
198198 (c) Every petition for the office of president and vice president,10
199199 for statewide office, for congressional district office, for the office of11
200200 member of the general assembly, for district attorney, and for county12
201201 office must be signed by eligible electors residing within the district or13
202202 political subdivision in which the officer is to be elected. Except as14
203203 otherwise provided in subsection (2) of this section, the number of15
204204 signatures of eligible electors on a petition is as follows:16
205205 (I) At least one thousand five hundred in each congressional17
206206 district for the office of president and vice president;18
207207 (II) (A) At least one thousand in each congressional district for the19
208208 offices of governor, secretary of state, attorney general, or treasurer; or20
209209 the office of United States senator;21
210210 (A.5) A
211211 T LEAST ONE THOUSAND FIVE HUNDRED IN EACH22
212212 CONGRESSIONAL DISTRICT FOR THE OFFICES OF GOVERNOR OR UNITED23
213213 S
214214 TATES SENATOR;24
215215 (B) At least five hundred in each congressional district for the25
216216 office of an at-large seat on either the state board of education or the26
217217 board of regents of the university of Colorado;27
218218 SB23-101
219219 -7- (III) The lesser of one thousand five hundred or two and one-half1
220220 TEN percent of the votes cast in the congressional district in the most2
221221 recent general election for the office of member of the United States3
222222 house of representatives, member of the state board of education for a4
223223 congressional district, or member of the board of regents of the university5
224224 of Colorado for a congressional district;6
225225 (IV) The lesser of one thousand or three and one-third THIRTY7
226226 percent of the votes cast in the senate district in the most recent general8
227227 election for the office of member of the state senate;9
228228 (V) The lesser of one thousand or five THIRTY percent of votes10
229229 cast in the house district in the most recent general election for the office11
230230 of member of the state house of representatives;12
231231 (VI) The lesser of one thousand or three TEN percent of the votes13
232232 cast in the district in the most recent general election for the office of14
233233 district attorney; and15
234234 (VII) The lesser of one thousand or two TEN percent of the votes16
235235 cast for all candidates for that office in the most recent general election17
236236 for any county office.18
237237 (c.5) F
238238 OR THE OFFICE OF PRESIDENT OF THE UNITED STATES, THE19
239239 REQUIREMENTS OF SECTION 1-4-1204 (1)(c) APPLY TO ANY MINOR20
240240 POLITICAL PARTY CANDIDATE AND ANY CANDIDATE WHO IS NOT21
241241 AFFILIATED WITH ANY POLITICAL PARTY.22
242242 (d) (I) No petition to nominate an unaffiliated candidate, except23
243243 petitions for candidates for vacancies to unexpired terms of24
244244 representatives in congress and for presidential electors, shall be25
245245 circulated or any signatures obtained thereon earlier than one hundred
246246 26
247247 seventy-three days before the general election THE DAY ON WHICH THE27
248248 SB23-101
249249 -8- SECRETARY OF STATE PROVIDES NOTICE TO THE CANDIDATE THAT THE1
250250 PETITION HAS BEEN APPROVED AS TO FORM PURSUANT TO SECTION2
251251 1-4-903.3
252252 (II) No petition to nominate a minor political party candidate shall4
253253 be circulated nor any signatures obtained thereon earlier than the first5
254254 Monday in February in the general election year THE DAY ON WHICH THE6
255255 SECRETARY OF STATE PROVIDES NOTICE TO THE CANDIDATE THAT THE7
256256 PETITION HAS BEEN APPROVED AS TO FORM PURSUANT TO SECTION8
257257 1-4-903.9
258258 SECTION 4. In Colorado Revised Statutes, 1-4-904, amend10
259259 (2)(a) as follows:11
260260 1-4-904. Signatures on the petitions. (2) (a) For petitions to12
261261 nominate candidates from a major political party in a partisan election,13
262262 each signer must be affiliated with the major political party named in the14
263263 petition and shall state the following to the circulator: That the signer has15
264264 been affiliated with the major political party named in the petition for at16
265265 least twenty-two days
266266 OR THAT THE SIGNER HAS NOT BEEN AFFILIATED17
267267 WITH ANY POLITICAL PARTY FOR AT LEAST TWENTY -TWO DAYS, as shown18
268268 in the statewide voter registration system, and that the signer has not19
269269 signed any other petition for any other candidate for the same office.20
270270 SECTION 5. In Colorado Revised Statutes, 1-4-1204, amend21
271271 (1)(c) as follows:22
272272 1-4-1204. Names on ballots. (1) Not later than sixty days before23
273273 the presidential primary election, the secretary of state shall certify the24
274274 names and party affiliations of the candidates to be placed on any25
275275 presidential primary election ballots. The only candidates whose names26
276276 shall be placed on ballots for the election shall be those candidates who:27
277277 SB23-101
278278 -9- (c) Have submitted to the secretary, not later than eighty-five days1
279279 before the date of the presidential primary election, a notarized2
280280 candidate's statement of intent together with either a nonrefundable filing3
281281 fee of five hundred dollars or a petition signed by at least five thousand4
282282 eligible electors
283283 WHO EITHER ARE affiliated with the candidate's political5
284284 party
285285 OR HAVE NOT BEEN AFFILIATED WITH ANY POLITICAL PARTY FOR AT6
286286 LEAST TWENTY-TWO DAYS AND who reside in the state. Candidate7
287287 petitions must meet the requirements of parts 8 and 9 of this article 4, as8
288288 applicable.9
289289 SECTION 6. In Colorado Revised Statutes, 1-2-222, amend (3)10
290290 as follows:11
291291 1-2-222. Errors in recording of affiliation. (3) For the purposes12
292292 of determining the eligibility of candidates for nomination in accordance13
293293 with sections 1-4-601 (4)(a) and
294294 SECTION 1-4-801 (4), the eligibility of14
295295 persons to vote at any precinct caucus, assembly, or convention in15
296296 accordance with section 1-3-101, or the eligibility of persons to sign16
297297 petitions in accordance with section 1-4-801 (2), the date of declaration17
298298 of the party affiliation of the elector must be the date which the elector18
299299 alleges by affidavit to be the correct date of affiliation.19
300300 SECTION 7. In Colorado Revised Statutes, 1-4-101, amend (3)20
301301 as follows:21
302302 1-4-101. Primary elections - when - nominations - expenses.22
303303 (3) All nominations by major political parties for candidates for United23
304304 States senator, representative in congress, all elective state, district, and24
305305 county officers, and members of the general assembly shall be made by25
306306 primary elections; except that, for general elections occurring after26
307307 January 1, 2001, nominations by major political parties for candidates for27
308308 SB23-101
309309 -10- lieutenant governor shall not be made by primary elections and shall be1
310310 made pursuant to section 1-4-502 (3). Neither the secretary of state nor2
311311 any county clerk and recorder shall place on the official general election3
312312 ballot the name of any person as a candidate of any major political party4
313313 who has not been nominated in accordance with the provisions of this5
314314 article, or who has not been affiliated with the major political party for the6
315315 period of time required by section 1-4-601, or who does not meet7
316316 residency requirements for the office, if any. The information found on8
317317 the voter registration record of the county of current or previous residence9
318318 of the person seeking to be placed on the ballot is admissible as prima10
319319 facie evidence of compliance with this article.11
320320 SECTION 8. In Colorado Revised Statutes, amend 1-4-102 as12
321321 follows:13
322322 1-4-102. Method of placing names on primary ballot. All14
323323 candidates for nominations to be made at any primary election shall be15
324324 placed on the primary election ballot either by certificate of designation16
325325 by assembly or by petition.17
326326 SECTION 9. In Colorado Revised Statutes, amend 1-4-103 as18
327327 follows:19
328328 1-4-103. Order of names on primary ballot. Candidates20
329329 designated and certified by assembly for a particular office shall be placed21
330330 on the primary election ballot in the order of the vote received at the22
331331 assembly. The candidate receiving the highest vote shall be placed first23
332332 in order on the ballot, followed by the candidate receiving the next24
333333 highest vote. To qualify for placement on the primary election ballot, a25
334334 candidate must receive thirty percent or more of the votes of the26
335335 assembly. The names of two or more candidates receiving an equal27
336336 SB23-101
337337 -11- number of votes for designation by assembly shall be placed on the1
338338 primary ballot in the order determined by lot in accordance with section2
339339 1-4-601 (2). Candidates by petition for any particular office shall follow3
340340 assembly candidates and shall be placed on the primary election ballot in4
341341 an order established by lot.5
342342 SECTION 10. In Colorado Revised Statutes, 1-4-604, amend6
343343 (1)(a) and (2); and repeal (1)(b), (3), (5), and (6) as follows:7
344344 1-4-604. Filing of petitions. (1) (a) Every petition or certificate8
345345 of designation by assembly in the case of a candidate for nomination for9
346346 any national or state office specified in section 1-4-502 (1), or for10
347347 member of the general assembly, district attorney, or district office greater11
348348 than a county office, together with the written acceptances signed by the12
349349 persons designated or nominated by such assembly described in section13
350350 1-4-601 (3), shall be filed by the presiding officer or secretary of such14
351351 assembly and received in the office of the secretary of state.15
352352 (b) A copy of each such certificate of designation shall be16
353353 transmitted by the presiding officer or secretary of each assembly to the17
354354 state central committee of the political party holding such assembly18
355355 within three days after the adjournment of such assembly.19
356356 (2) Every petition or certificate of designation by assembly in the20
357357 case of a candidate for nomination for any elective office other than the21
358358 offices specified in paragraph (a) of subsection (1) SUBSECTION (1)(a) of22
359359 this section shall be filed in the office of the county clerk and recorder of23
360360 the county where the person is a candidate.24
361361 (3) Certificates of designation by assembly shall be filed no later25
362362 than four days after the adjournment of the assembly. Certificates of26
363363 designation may be transmitted by facsimile transmission; however, the27
364364 SB23-101
365365 -12- original certificate must also be filed and postmarked no later than ten1
366366 days after the adjournment of the assembly.2
367367 (5) Late filing of the certificate of designation shall not deprive3
368368 candidates of their candidacy.4
369369 (6) (a) (I) Except as provided in subsection (6)(a)(II) of this5
370370 section, no later than four days after the adjournment of the assembly, the6
371371 state central committee of each political party, utilizing the information7
372372 described in subsection (1)(b) of this section, shall file with the secretary8
373373 of state a compilation of the certificates of designation of each assembly9
374374 that nominated candidates for any national or state office or for member10
375375 of the general assembly, district attorney, or district office greater than a11
376376 county office. Such a compilation of certificates of designation may be12
377377 transmitted by facsimile transmission; however, the original compilation13
378378 must also be filed and postmarked no later than ten days after the14
379379 adjournment of the assembly.15
380380 (b) The secretary of state shall compare such party compilation of16
381381 certificates of designation with the certificates of designation filed by17
382382 each such assembly with the secretary of state's office pursuant to18
383383 paragraph (a) of subsection (1) of this section. In the event that a19
384384 certificate of designation appearing on such party compilation has not20
385385 been filed pursuant to paragraph (a) of subsection (1) of this section, the21
386386 secretary of state shall notify the state central committee of such party not22
387387 less than fifty-seven days before the primary election of an assembly's23
388388 failure to file such certificate of designation.24
389389 (c) A state central committee that receives notification pursuant25
390390 to paragraph (b) of this subsection (6) shall file, or direct the presiding26
391391 officer of the assembly to file, the certificate of designation, together with27
392392 SB23-101
393393 -13- any written acceptances, not less than fifty-six days before the primary1
394394 election.2
395395 (d) The general assembly hereby finds and declares that it is3
396396 beneficial to improve the procedure and timeliness for communicating the4
397397 designation of candidates for the primary election ballot by political party5
398398 assemblies between the officers of such assemblies, the state central6
399399 committee of each political party, and the secretary of state. The general7
400400 assembly further finds that prescribing certain additional review processes8
401401 for the documentation evidencing designations and nominations of9
402402 candidates that are not onerous will serve to minimize the likelihood of10
403403 a candidate being deprived of his or her candidacy and of an erroneous11
404404 primary election ballot. The general assembly further encourages the12
405405 responsible officials to engage in the enhanced communication and13
406406 review described in this subsection (6) well in advance of statutorily14
407407 prescribed deadlines or ballot certification dates, if possible, in order to15
408408 maximize the time for giving notice and resolving any issues that may16
409409 arise from the primary ballot nomination process.17
410410 SECTION 11. In Colorado Revised Statutes, amend 1-4-605 as18
411411 follows:19
412412 1-4-605. Order of names on primary ballot. Candidates20
413413 designated and certified by assembly for a particular office shall be placed21
414414 on the primary election ballot in the order of the vote received at the22
415415 assembly. The candidate receiving the highest vote shall be placed first23
416416 in order on the ballot, followed by the candidate receiving the next24
417417 highest vote, and so on until all of the candidates designated have been25
418418 placed on the ballot. The names of two or more candidates receiving an26
419419 equal number of votes for designation by assembly shall be placed on the27
420420 SB23-101
421421 -14- primary ballot in the order determined by lot in accordance with section1
422422 1-4-601 (2). Candidates by petition for any particular office shall follow2
423423 assembly candidates and shall be placed on the primary election ballot in3
424424 an order established by lot.4
425425 SECTION 12. In Colorado Revised Statutes, 1-4-1002, amend5
426426 (1), (2), and (3)(b)(II) as follows:6
427427 1-4-1002. Vacancies in major party designation up to the7
428428 sixty-eighth day before primary election day. (1) For the purposes of8
429429 this section, a vacancy is caused by9
430430 (a) the declination, death, disqualification, or withdrawal of the10
431431 person designated by a party assembly as a candidate for nomination; or11
432432 ALL INDIVIDUALS DESIGNATED AS CANDIDATES FOR NOMINATION BY A12
433433 MAJOR POLITICAL PARTY IN ACCORDANCE WITH SECTION 1-4-603 AND13
434434 PART 8 OF THIS ARTICLE 4.14
435435 (b) The failure of a party assembly to make designation of any15
436436 candidate for nomination.16
437437 (c) Repealed.17
438438 (2) Any vacancy in a party designation occurring after the party18
439439 assembly at which the designation was made and no later than sixty-eight19
440440 days before the primary election may be filled by the party assembly20
441441 vacancy committee of the district, county, or state, depending upon the21
442442 office for which the vacancy in designation has occurred. The party22
443443 assembly vacancy committee must be appointed by the party in23
444444 accordance with party rules.24
445445 (3) (b) (II) The vacancy committee, by a majority vote of its25
446446 members present and voting at a meeting called for that purpose, shall26
447447 select a person who meets all of the requirements of candidacy as of the27
448448 SB23-101
449449 -15- date of the appointment and who is affiliated with the same political party1
450450 (A) as shown in the statewide voter registration system as the2
451451 candidate whose declination, death, disqualification, or withdrawal3
452452 caused the vacancy. or4
453453 (B) As the party assembly that failed to designate a candidate, as5
454454 applicable.6
455455 SECTION 13. In Colorado Revised Statutes, 1-4-1003, amend7
456456 (1) and (2) as follows:8
457457 1-4-1003. Vacancies in major party designation occurring9
458458 between the sixty-seventh day before a primary election and the10
459459 earliest day to mail primary election ballots. (1) (a) For the purposes11
460460 of this section, a vacancy is caused by the declination, death,12
461461 disqualification, or withdrawal of the person designated by the assembly13
462462 as a candidate for nomination ALL INDIVIDUALS DESIGNATED AS14
463463 CANDIDATES FOR NOMINATION BY A MAJOR POLITICAL PARTY IN15
464464 ACCORDANCE WITH SECTION 1-4-603 AND PART 8 OF THIS ARTICLE 4 OR16
465465 ALL INDIVIDUALS DESIGNATED AS CANDIDATES FOR NOMINATION BY A17
466466 MINOR POLITICAL PARTY IN ACCORDANCE WITH PART 8 OF THIS ARTICLE 4.18
467467 (b) Repealed.19
468468 (2) A vacancy in a party nomination occurring between the20
469469 sixty-seventh day before a primary election and the earliest day to mail21
470470 primary election ballots pursuant to section 1-7.5-107 may be filled by the22
471471 respective party assembly vacancy committee of the appropriate district,23
472472 county, or state. The party assembly vacancy committee must be24
473473 appointed by the party in accordance with party rules.25
474474 SECTION 14. In Colorado Revised Statutes, 1-4-1004, amend26
475475 (1) and (2) as follows:27
476476 SB23-101
477477 -16- 1-4-1004. Vacancies in major party designation occurring1
478478 from the day after the earliest day to mail primary election ballots2
479479 through primary election day. (1) For the purposes of this section, a3
480480 vacancy is caused by the declination, death, disqualification, or4
481481 withdrawal of the person designated by the assembly as a candidate for5
482482 nomination ALL INDIVIDUALS DESIGNATED AS CANDIDATES FOR6
483483 NOMINATION BY A MAJOR POLITICAL PARTY IN ACCORDANCE WITH7
484484 SECTION 1-4-603 AND PART 8 OF THIS ARTICLE 4 OR ALL INDIVIDUALS8
485485 DESIGNATED AS CANDIDATES FOR NOMINATION BY A MINOR POLITICAL9
486486 PARTY IN ACCORDANCE WITH PART 8 OF THIS ARTICLE 4.10
487487 (2) A vacancy in a party designation occurring from the day after11
488488 the earliest day to mail primary election ballots pursuant to section12
489489 1-7.5-107 through the day of the primary election may be filled by the13
490490 respective party assembly vacancy committee of the district, county, or14
491491 state, depending upon the office for which the vacancy in nomination has15
492492 occurred. The party assembly vacancy committee must be appointed by16
493493 the party in accordance with party rules.17
494494 SECTION 15. In Colorado Revised Statutes, amend 1-4-1007 as18
495495 follows:19
496496 1-4-1007. Vacancies in minor party designation or nomination.20
497497 Any vacancy in a nomination for a minor political party candidate21
498498 occurring after the filing of the certificate of designation pursuant to22
499499 section 1-4-1304 (3) and no later than seventy days before the general or23
500500 congressional vacancy election, which is caused by the declination, death,24
501501 disqualification, or withdrawal of any person nominated by the minor25
502502 political party, may be filled by the person or persons designated in the26
503503 constitution or bylaws of the minor political party to fill vacancies.27
504504 SB23-101
505505 -17- SECTION 16. In Colorado Revised Statutes, 1-4-1010, amend1
506506 (1)(b)(I); and repeal (1)(a)(I) as follows:2
507507 1-4-1010. Vacancies in office occurring from the sixty-eighth3
508508 day prior to primary election day through the earliest day to mail4
509509 general election ballots. (1) Except as otherwise provided in subsection5
510510 (2) of this section or section 1-4-1010 (2), any vacancy in a statewide or6
511511 county office, in the office of district attorney, or in the office of a state7
512512 senator occurring during a term of office and falling within the time8
513513 periods governed by section 1-4-1002, 1-4-1003, 1-4-1004, or 1-4-10059
514514 shall be filled at the next general election with nomination or designation10
515515 by the political party as follows:11
516516 (a) (I) If the vacancy occurs before the political party assembly,12
517517 the designated election official shall notify the chairperson of each major13
518518 political party that the office will be on the ballot for the next primary14
519519 election, and candidates for the office shall be designated as provided in15
520520 section 1-4-601 or 1-4-603.16
521521 (b) (I) If the vacancy occurs after the political party assembly and17
522522 no later than sixty-eight days before the primary election, the designated18
523523 election official shall add the office to the notice of election and notify the19
524524 chairperson of each major political party that the office will be on the20
525525 ballot for the next primary election. Candidates for the office shall be21
526526 designated as provided in section 1-4-603 or by the respective party22
527527 central committee vacancy committee for the state, county, judicial23
528528 district, or state senate district.24
529529 SECTION 17. In Colorado Revised Statutes, 1-4-1304, amend25
530530 (1.5)(c) and (1.5)(d); and repeal (1.5)(b) and (3) as follows:26
531531 1-4-1304. Nomination of candidates. (1.5) (b) (I) A minor27
532532 SB23-101
533533 -18- political party may nominate candidates for offices to be filled at a1
534534 general election by assembly. Except as provided in subsection (1.5)(f) of2
535535 this section, an assembly shall be held no later than seventy-three days3
536536 preceding the primary election.4
537537 (II) Each candidate receiving thirty percent or more of the votes5
538538 of all duly accredited assembly delegates who are present and voting on6
539539 that office shall be designated by the assembly and certified pursuant to7
540540 subsection (3) of this section.8
541541 (c) If an assembly designates more than one candidate for an9
542542 office, or if an assembly designates one or more candidates and one or10
543543 more candidates qualifies QUALIFY by petition, the candidate of the minor11
544544 political party for that office shall be nominated at a primary election held12
545545 in accordance with this code. A minor political party may prohibit13
546546 unaffiliated electors from voting in the party's primary election so long as14
547547 the prohibition is in accordance with the party's constitution, bylaws, or15
548548 other applicable rules. Any minor party choosing to prohibit unaffiliated16
549549 electors from voting in its primary election must notify the secretary of17
550550 state of the prohibition not less than seventy-five days prior to the primary18
551551 election.19
552552 (d) If only one candidate is designated for an office by petition or20
553553 assembly, that candidate shall be the candidate of the minor political party21
554554 in the general election.22
555555 (3) Any minor political party nominating candidates in accordance23
556556 with this part 13 shall file a certificate of designation with the designated24
557557 election official no later than four days after the assembly was held at25
558558 which the candidate was designated. The certificate of designation must26
559559 state the name of the office for which each person is a candidate and the27
560560 SB23-101
561561 -19- candidate's name and address, the date on which the assembly was held1
562562 at which the candidate was designated, must designate in not more than2
563563 three words the name of the minor political party that the candidate3
564564 represents, and must certify that the candidate is a member of the minor4
565565 political party. The candidate's name may include one nickname, if the5
566566 candidate regularly uses the nickname and the nickname does not include6
567567 any part of a political party name. The candidate's affiliation as shown in7
568568 the statewide voter registration system is prima facie evidence of party8
569569 membership.9
570570 SECTION 18. In Colorado Revised Statutes, 30-10-501.5,10
571571 amend (1)(c) as follows:11
572572 30-10-501.5. Qualifications. (1) No person is eligible for12
573573 nomination, election, or appointment to the office of sheriff unless the13
574574 person:14
575575 (c) Has had a complete set of fingerprints taken by a qualified law15
576576 enforcement agency and has submitted a receipt evidencing the16
577577 fingerprinting at the time of filing his or her written acceptance pursuant17
578578 to section 1-4-601 (3), 1-4-906 or part 10 of article 4 of title 1, or at the18
579579 time of filing an affidavit of intent pursuant to section 1-4-1101, as19
580580 applicable. The law enforcement agency shall forward the fingerprints to20
581581 the Colorado bureau of investigation. The bureau shall utilize the21
582582 fingerprints, its files and records, and those of the federal bureau of22
583583 investigation for the purpose of determining whether the person has ever23
584584 been convicted of or pleaded guilty or entered a plea of nolo contendere24
585585 to any felony charge under federal or state laws. The Colorado bureau of25
586586 investigation shall notify the county clerk and recorder of the county for26
587587 which the person is a candidate of the results of the fingerprint analysis.27
588588 SB23-101
589589 -20- If a conviction or plea is disclosed, the person is unqualified for the office1
590590 of sheriff, unless pardoned. The results of the fingerprint analysis are2
591591 confidential; except that the county clerk and recorder may divulge3
592592 whether the person is qualified or unqualified for the office of sheriff.4
593593 SECTION 19. In Colorado Revised Statutes, 30-10-601.5,5
594594 amend (2)(a) as follows:6
595595 30-10-601.5. Qualifications - fingerprints. (2) (a) A person who7
596596 is nominated by a political party or for whom a nominating petition is8
597597 filed for the office of coroner shall have a complete set of fingerprints9
598598 taken by a qualified law enforcement agency and submit proof of such10
599599 fingerprinting when filing a written acceptance pursuant to section11
600600 1-4-601 (3), 1-4-906 or part 10 of article 4 of title 1.12
601601 SECTION 20. Safety clause. The general assembly hereby finds,13
602602 determines, and declares that this act is necessary for the immediate14
603603 preservation of the public peace, health, or safety.15
604604 SB23-101
605605 -21-