First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 23-0538.01 Nicole Myers x4326
SENATE BILL 23-101
Senate Committees House Committees
State, Veterans, & Military Affairs
A BILL FOR AN ACT
C
ONCERNING CANDIDATE BALLOT ACCESS FOR PRIMARY ELECTIONS .101
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
Currently, a major and, depending on party rules, a minor, political
party candidate can access a primary election ballot in the state either by
gathering a statutorily established number of petition signatures or by
being nominated through the political party assembly process. Section 1
of the bill eliminates the option for a major political party candidate to
access a primary election ballot by being nominated through the political
party assembly process, and section 16 eliminates the option for a minor
political party candidate.
SENATE SPONSORSHIP
Kirkmeyer, Gardner
HOUSE SPONSORSHIP
Bradfield,
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. Current law prohibits an unaffiliated voter from signing a petition
for a major political party candidate and prohibits a major political party
candidate from circulating a party petition or gathering any signatures
prior to the third Tuesday in January. Section 2 changes the first day on
which a major political party candidate may circulate a petition and gather
signatures to the day on which the secretary of state provides notice to the
candidate that the petition has been approved as to form and eliminates
the prohibition against an unaffiliated voter signing a petition for a major
political party candidate.
The number of petition signatures that a candidate must collect to
access a primary election ballot is currently different for a candidate who
is a member of a major political party and a candidate who is a member
of a minor political party. Section 3 aligns the signature requirements for
a candidate who is a member of a minor political party with the
requirements for a candidate who is a member of a major political party.
Section 3 also aligns the methods by which a candidate who is a
member of a minor political party may access the presidential primary
election ballot with those of a candidate who is a member of a minor
political party.
In addition, the date on which a candidate may first circulate a
petition or gather signatures is different for a candidate who is a member
of a major political party than for a candidate who is unaffiliated or a
member of a minor political party. Section 3 aligns the day on which all
candidates may circulate a petition or gather signatures to the day on
which the secretary of state provides notice to the candidate that the
petition has been approved as to form.
For a petition to nominate a candidate from a major political party
in a partisan election, current law requires each person who signs the
petition to be affiliated with the major political party named in the
petition. Section 4 allows a person who is not affiliated with any political
party to sign one petition per office to nominate a candidate from a major
political party in a partisan election.
Current law specifies that for a candidate who is a member of a
major political party to be placed on a presidential primary election ballot,
the candidate must submit a notarized statement of intent and either a
filing fee or a petition signed by at least 5,000 eligible electors affiliated
with the candidate's political party who reside in the district. Section 5
allows the petition to be signed by eligible electors who have not been
affiliated with any political party for at least 22 days.
Sections 6 through 16, 18, and 19 make conforming amendments.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, repeal 1-4-601 as2
SB23-101-2- follows:1
1-4-601. Designation of candidates for primary election -2
definition. (1) (a) Assemblies of the major political parties may make3
assembly designations of candidates for nomination on the primary4
election ballot. Except as provided in subsection (1)(b) of this section, an5
assembly shall be held no later than seventy-three days preceding the6
primary election.7
(b) Repealed.8
(1.5) To be named as a candidate for designation by assembly, a9
person must provide notice as follows no less than thirty days before the10
assembly, unless otherwise provided by party rules:11
(a) A person seeking designation by a county assembly must12
provide notice to the county chair;13
(b) A person seeking designation by a multi-county district14
assembly must provide notice to the multi-county district chair and the15
state chair; and16
(c) A person seeking designation by the state assembly must17
provide notice to the state chair.18
(2) (a) An assembly must take no more than two ballots for party19
candidates for each office to be filled at the next general election. Every20
candidate receiving thirty percent or more of the votes of all duly21
accredited assembly delegates who are present and voting on that office22
must be certified by affidavit of the presiding officer and secretary of the23
assembly. If no candidate receives thirty percent or more of the votes of24
all duly accredited assembly delegates who are present and voting, a25
second ballot must be cast on all the candidates for that office. If on the26
second ballot no candidate receives thirty percent or more of the votes27
SB23-101
-3- cast, the two candidates receiving the highest number of votes must be1
certified as candidates for that office by the assembly. The certificate of2
designation by assembly must state the name of the office for which each3
person is a candidate and the candidate's name and address, must4
designate in not more than three words the name of the political party5
which the candidate represents, and must certify that the candidate has6
been a member of the political party for the period of time required by7
party rule or by subsection (4) of this section if the party has no such rule.8
The candidate's affiliation, as shown in the statewide voter registration9
system, is prima facie evidence of political party membership. The10
certificate of designation must indicate the order of the vote received at11
the assembly by candidates for each office, but no assembly shall declare12
that any one candidate has received the nomination of the assembly. The13
certificate of designation must be filed in accordance with section14
1-4-604. If two or more candidates receiving designation under this15
subsection (2) have received an equal number of votes, the order of16
certification of designation is determined by lot by the candidates. The17
assembly shall select a vacancy committee for vacancies in designation18
or nomination only.19
(b) Repealed.20
(c) Notwithstanding any provision to the contrary, a delegate may21
participate in the assembly remotely, including casting the delegate's vote22
by e-mail, mail, telephone, or through an internet-based application if23
allowed by the party's rules.24
(3) (a) Except as provided in paragraph (b) of this subsection (3),25
no later than four days after the adjournment of the assembly, each26
candidate designated by assembly shall file a written acceptance with the27
SB23-101
-4- officer with whom the certificate of designation is filed. This acceptance1
may be transmitted by facsimile transmission. If the acceptance is2
transmitted by facsimile transmission, the original acceptance must also3
be filed and postmarked no later than ten days after the adjournment of4
the assembly. The acceptance shall state the candidate's name in the form5
in which it is to appear on the ballot. The name may include one6
nickname, if the candidate regularly uses the nickname and the nickname7
does not include any part of a political party name. If an acceptance is not8
filed within the specified time, the candidate shall be deemed to have9
declined the designation; except that the candidate shall not be deemed10
to have declined the designation and shall be included on the primary11
ballot if late filing of an acceptance is caused by the failure to timely file12
a certificate of designation or the failure to file such acceptance with such13
certificate of designation, as required by section 1-4-604 (1)(a).14
(b) The written acceptance of a candidate nominated by assembly15
for any national or state office or for member of the general assembly,16
district attorney, or district office greater than a county office shall be17
filed by the presiding officer or secretary of such assembly with the18
certificate of designation of such assembly, as required by section 1-4-60419
(1)(a). Nothing in this paragraph (b) shall prohibit a candidate from filing20
an acceptance of nomination directly with the officer with whom the21
certificate of designation is filed following written notice of such filing22
by the candidate to the presiding officer of the political party holding such23
assembly.24
(4) (a) No person is eligible for designation by assembly as a25
candidate for nomination at any primary election unless the person was26
affiliated with the political party holding the assembly, as shown in the27
SB23-101
-5- statewide voter registration system, no later than the first business day of1
the January immediately preceding the primary election, unless otherwise2
provided by party rules.3
(b) Repealed.4
(5) As used in this section, "political party" means a major5
political party as defined in section 1-1-104 (22).6
SECTION 2. In Colorado Revised Statutes, 1-4-801, amend7
(2)(a) and (5)(a) as follows:8
1-4-801. Designation of party candidates by petition. (2) The9
signature requirements for the petition are as follows:10
(a) Every petition in the case of a candidate for any county office11
must be signed by electors eligible to vote within the county12
commissioner district or political subdivision for which the officer is to13
be elected. Except as otherwise provided in subsection (2)(e) of this14
section, the petition requires the lesser of one thousand signers or signers15
equal in number to ten percent of the votes cast in the political16
subdivision at the contested or uncontested primary election for the17
political party's candidate for the office for which the petition is being18
circulated or, if there was no primary election, at the last preceding19
general election for which there was a candidate for the office.20
Notwithstanding any other provision of law, an unaffiliated elector is not21
eligible to sign a petition for a candidate of a major political party.22
(5) (a) Party petitions shall not be circulated nor any signatures be23
obtained prior to the third Tuesday in January THE DAY ON WHICH THE24
SECRETARY OF STATE PROVIDES NOTICE TO THE CANDIDATE THAT THE25
PETITION HAS BEEN APPROVED AS TO FORM PURSUANT TO SECTION26
1-4-903. Petitions must be filed no later than the close of business on the27
SB23-101
-6- third Tuesday in March.1
SECTION 3. In Colorado Revised Statutes, 1-4-802, amend2
(1)(c) and (1)(d); and add (1)(c.5) as follows:3
1-4-802. Petitions for nominating minor political party and4
unaffiliated candidates for a partisan office. (1) Candidates for5
partisan public offices to be filled at a general or congressional vacancy6
election who do not wish to affiliate with a major political party may be7
nominated, other than by a primary election or a convention, in the8
following manner:9
(c) Every petition for the office of president and vice president,10
for statewide office, for congressional district office, for the office of11
member of the general assembly, for district attorney, and for county12
office must be signed by eligible electors residing within the district or13
political subdivision in which the officer is to be elected. Except as14
otherwise provided in subsection (2) of this section, the number of15
signatures of eligible electors on a petition is as follows:16
(I) At least one thousand five hundred in each congressional17
district for the office of president and vice president;18
(II) (A) At least one thousand in each congressional district for the19
offices of governor, secretary of state, attorney general, or treasurer; or20
the office of United States senator;21
(A.5) A
T LEAST ONE THOUSAND FIVE HUNDRED IN EACH22
CONGRESSIONAL DISTRICT FOR THE OFFICES OF GOVERNOR OR UNITED23
S
TATES SENATOR;24
(B) At least five hundred in each congressional district for the25
office of an at-large seat on either the state board of education or the26
board of regents of the university of Colorado;27
SB23-101
-7- (III) The lesser of one thousand five hundred or two and one-half1
TEN percent of the votes cast in the congressional district in the most2
recent general election for the office of member of the United States3
house of representatives, member of the state board of education for a4
congressional district, or member of the board of regents of the university5
of Colorado for a congressional district;6
(IV) The lesser of one thousand or three and one-third THIRTY7
percent of the votes cast in the senate district in the most recent general8
election for the office of member of the state senate;9
(V) The lesser of one thousand or five THIRTY percent of votes10
cast in the house district in the most recent general election for the office11
of member of the state house of representatives;12
(VI) The lesser of one thousand or three TEN percent of the votes13
cast in the district in the most recent general election for the office of14
district attorney; and15
(VII) The lesser of one thousand or two TEN percent of the votes16
cast for all candidates for that office in the most recent general election17
for any county office.18
(c.5) F
OR THE OFFICE OF PRESIDENT OF THE UNITED STATES, THE19
REQUIREMENTS OF SECTION 1-4-1204 (1)(c) APPLY TO ANY MINOR20
POLITICAL PARTY CANDIDATE AND ANY CANDIDATE WHO IS NOT21
AFFILIATED WITH ANY POLITICAL PARTY.22
(d) (I) No petition to nominate an unaffiliated candidate, except23
petitions for candidates for vacancies to unexpired terms of24
representatives in congress and for presidential electors, shall be25
circulated or any signatures obtained thereon earlier than one hundred
26
seventy-three days before the general election THE DAY ON WHICH THE27
SB23-101
-8- SECRETARY OF STATE PROVIDES NOTICE TO THE CANDIDATE THAT THE1
PETITION HAS BEEN APPROVED AS TO FORM PURSUANT TO SECTION2
1-4-903.3
(II) No petition to nominate a minor political party candidate shall4
be circulated nor any signatures obtained thereon earlier than the first5
Monday in February in the general election year THE DAY ON WHICH THE6
SECRETARY OF STATE PROVIDES NOTICE TO THE CANDIDATE THAT THE7
PETITION HAS BEEN APPROVED AS TO FORM PURSUANT TO SECTION8
1-4-903.9
SECTION 4. In Colorado Revised Statutes, 1-4-904, amend10
(2)(a) as follows:11
1-4-904. Signatures on the petitions. (2) (a) For petitions to12
nominate candidates from a major political party in a partisan election,13
each signer must be affiliated with the major political party named in the14
petition and shall state the following to the circulator: That the signer has15
been affiliated with the major political party named in the petition for at16
least twenty-two days
OR THAT THE SIGNER HAS NOT BEEN AFFILIATED17
WITH ANY POLITICAL PARTY FOR AT LEAST TWENTY -TWO DAYS, as shown18
in the statewide voter registration system, and that the signer has not19
signed any other petition for any other candidate for the same office.20
SECTION 5. In Colorado Revised Statutes, 1-4-1204, amend21
(1)(c) as follows:22
1-4-1204. Names on ballots. (1) Not later than sixty days before23
the presidential primary election, the secretary of state shall certify the24
names and party affiliations of the candidates to be placed on any25
presidential primary election ballots. The only candidates whose names26
shall be placed on ballots for the election shall be those candidates who:27
SB23-101
-9- (c) Have submitted to the secretary, not later than eighty-five days1
before the date of the presidential primary election, a notarized2
candidate's statement of intent together with either a nonrefundable filing3
fee of five hundred dollars or a petition signed by at least five thousand4
eligible electors
WHO EITHER ARE affiliated with the candidate's political5
party
OR HAVE NOT BEEN AFFILIATED WITH ANY POLITICAL PARTY FOR AT6
LEAST TWENTY-TWO DAYS AND who reside in the state. Candidate7
petitions must meet the requirements of parts 8 and 9 of this article 4, as8
applicable.9
SECTION 6. In Colorado Revised Statutes, 1-2-222, amend (3)10
as follows:11
1-2-222. Errors in recording of affiliation. (3) For the purposes12
of determining the eligibility of candidates for nomination in accordance13
with sections 1-4-601 (4)(a) and
SECTION 1-4-801 (4), the eligibility of14
persons to vote at any precinct caucus, assembly, or convention in15
accordance with section 1-3-101, or the eligibility of persons to sign16
petitions in accordance with section 1-4-801 (2), the date of declaration17
of the party affiliation of the elector must be the date which the elector18
alleges by affidavit to be the correct date of affiliation.19
SECTION 7. In Colorado Revised Statutes, 1-4-101, amend (3)20
as follows:21
1-4-101. Primary elections - when - nominations - expenses.22
(3) All nominations by major political parties for candidates for United23
States senator, representative in congress, all elective state, district, and24
county officers, and members of the general assembly shall be made by25
primary elections; except that, for general elections occurring after26
January 1, 2001, nominations by major political parties for candidates for27
SB23-101
-10- lieutenant governor shall not be made by primary elections and shall be1
made pursuant to section 1-4-502 (3). Neither the secretary of state nor2
any county clerk and recorder shall place on the official general election3
ballot the name of any person as a candidate of any major political party4
who has not been nominated in accordance with the provisions of this5
article, or who has not been affiliated with the major political party for the6
period of time required by section 1-4-601, or who does not meet7
residency requirements for the office, if any. The information found on8
the voter registration record of the county of current or previous residence9
of the person seeking to be placed on the ballot is admissible as prima10
facie evidence of compliance with this article.11
SECTION 8. In Colorado Revised Statutes, amend 1-4-102 as12
follows:13
1-4-102. Method of placing names on primary ballot. All14
candidates for nominations to be made at any primary election shall be15
placed on the primary election ballot either by certificate of designation16
by assembly or by petition.17
SECTION 9. In Colorado Revised Statutes, amend 1-4-103 as18
follows:19
1-4-103. Order of names on primary ballot. Candidates20
designated and certified by assembly for a particular office shall be placed21
on the primary election ballot in the order of the vote received at the22
assembly. The candidate receiving the highest vote shall be placed first23
in order on the ballot, followed by the candidate receiving the next24
highest vote. To qualify for placement on the primary election ballot, a25
candidate must receive thirty percent or more of the votes of the26
assembly. The names of two or more candidates receiving an equal27
SB23-101
-11- number of votes for designation by assembly shall be placed on the1
primary ballot in the order determined by lot in accordance with section2
1-4-601 (2). Candidates by petition for any particular office shall follow3
assembly candidates and shall be placed on the primary election ballot in4
an order established by lot.5
SECTION 10. In Colorado Revised Statutes, 1-4-604, amend6
(1)(a) and (2); and repeal (1)(b), (3), (5), and (6) as follows:7
1-4-604. Filing of petitions. (1) (a) Every petition or certificate8
of designation by assembly in the case of a candidate for nomination for9
any national or state office specified in section 1-4-502 (1), or for10
member of the general assembly, district attorney, or district office greater11
than a county office, together with the written acceptances signed by the12
persons designated or nominated by such assembly described in section13
1-4-601 (3), shall be filed by the presiding officer or secretary of such14
assembly and received in the office of the secretary of state.15
(b) A copy of each such certificate of designation shall be16
transmitted by the presiding officer or secretary of each assembly to the17
state central committee of the political party holding such assembly18
within three days after the adjournment of such assembly.19
(2) Every petition or certificate of designation by assembly in the20
case of a candidate for nomination for any elective office other than the21
offices specified in paragraph (a) of subsection (1) SUBSECTION (1)(a) of22
this section shall be filed in the office of the county clerk and recorder of23
the county where the person is a candidate.24
(3) Certificates of designation by assembly shall be filed no later25
than four days after the adjournment of the assembly. Certificates of26
designation may be transmitted by facsimile transmission; however, the27
SB23-101
-12- original certificate must also be filed and postmarked no later than ten1
days after the adjournment of the assembly.2
(5) Late filing of the certificate of designation shall not deprive3
candidates of their candidacy.4
(6) (a) (I) Except as provided in subsection (6)(a)(II) of this5
section, no later than four days after the adjournment of the assembly, the6
state central committee of each political party, utilizing the information7
described in subsection (1)(b) of this section, shall file with the secretary8
of state a compilation of the certificates of designation of each assembly9
that nominated candidates for any national or state office or for member10
of the general assembly, district attorney, or district office greater than a11
county office. Such a compilation of certificates of designation may be12
transmitted by facsimile transmission; however, the original compilation13
must also be filed and postmarked no later than ten days after the14
adjournment of the assembly.15
(b) The secretary of state shall compare such party compilation of16
certificates of designation with the certificates of designation filed by17
each such assembly with the secretary of state's office pursuant to18
paragraph (a) of subsection (1) of this section. In the event that a19
certificate of designation appearing on such party compilation has not20
been filed pursuant to paragraph (a) of subsection (1) of this section, the21
secretary of state shall notify the state central committee of such party not22
less than fifty-seven days before the primary election of an assembly's23
failure to file such certificate of designation.24
(c) A state central committee that receives notification pursuant25
to paragraph (b) of this subsection (6) shall file, or direct the presiding26
officer of the assembly to file, the certificate of designation, together with27
SB23-101
-13- any written acceptances, not less than fifty-six days before the primary1
election.2
(d) The general assembly hereby finds and declares that it is3
beneficial to improve the procedure and timeliness for communicating the4
designation of candidates for the primary election ballot by political party5
assemblies between the officers of such assemblies, the state central6
committee of each political party, and the secretary of state. The general7
assembly further finds that prescribing certain additional review processes8
for the documentation evidencing designations and nominations of9
candidates that are not onerous will serve to minimize the likelihood of10
a candidate being deprived of his or her candidacy and of an erroneous11
primary election ballot. The general assembly further encourages the12
responsible officials to engage in the enhanced communication and13
review described in this subsection (6) well in advance of statutorily14
prescribed deadlines or ballot certification dates, if possible, in order to15
maximize the time for giving notice and resolving any issues that may16
arise from the primary ballot nomination process.17
SECTION 11. In Colorado Revised Statutes, amend 1-4-605 as18
follows:19
1-4-605. Order of names on primary ballot. Candidates20
designated and certified by assembly for a particular office shall be placed21
on the primary election ballot in the order of the vote received at the22
assembly. The candidate receiving the highest vote shall be placed first23
in order on the ballot, followed by the candidate receiving the next24
highest vote, and so on until all of the candidates designated have been25
placed on the ballot. The names of two or more candidates receiving an26
equal number of votes for designation by assembly shall be placed on the27
SB23-101
-14- primary ballot in the order determined by lot in accordance with section1
1-4-601 (2). Candidates by petition for any particular office shall follow2
assembly candidates and shall be placed on the primary election ballot in3
an order established by lot.4
SECTION 12. In Colorado Revised Statutes, 1-4-1002, amend5
(1), (2), and (3)(b)(II) as follows:6
1-4-1002. Vacancies in major party designation up to the7
sixty-eighth day before primary election day. (1) For the purposes of8
this section, a vacancy is caused by9
(a) the declination, death, disqualification, or withdrawal of the10
person designated by a party assembly as a candidate for nomination; or11
ALL INDIVIDUALS DESIGNATED AS CANDIDATES FOR NOMINATION BY A12
MAJOR POLITICAL PARTY IN ACCORDANCE WITH SECTION 1-4-603 AND13
PART 8 OF THIS ARTICLE 4.14
(b) The failure of a party assembly to make designation of any15
candidate for nomination.16
(c) Repealed.17
(2) Any vacancy in a party designation occurring after the party18
assembly at which the designation was made and no later than sixty-eight19
days before the primary election may be filled by the party assembly20
vacancy committee of the district, county, or state, depending upon the21
office for which the vacancy in designation has occurred. The party22
assembly vacancy committee must be appointed by the party in23
accordance with party rules.24
(3) (b) (II) The vacancy committee, by a majority vote of its25
members present and voting at a meeting called for that purpose, shall26
select a person who meets all of the requirements of candidacy as of the27
SB23-101
-15- date of the appointment and who is affiliated with the same political party1
(A) as shown in the statewide voter registration system as the2
candidate whose declination, death, disqualification, or withdrawal3
caused the vacancy. or4
(B) As the party assembly that failed to designate a candidate, as5
applicable.6
SECTION 13. In Colorado Revised Statutes, 1-4-1003, amend7
(1) and (2) as follows:8
1-4-1003. Vacancies in major party designation occurring9
between the sixty-seventh day before a primary election and the10
earliest day to mail primary election ballots. (1) (a) For the purposes11
of this section, a vacancy is caused by the declination, death,12
disqualification, or withdrawal of the person designated by the assembly13
as a candidate for nomination ALL INDIVIDUALS DESIGNATED AS14
CANDIDATES FOR NOMINATION BY A MAJOR POLITICAL PARTY IN15
ACCORDANCE WITH SECTION 1-4-603 AND PART 8 OF THIS ARTICLE 4 OR16
ALL INDIVIDUALS DESIGNATED AS CANDIDATES FOR NOMINATION BY A17
MINOR POLITICAL PARTY IN ACCORDANCE WITH PART 8 OF THIS ARTICLE 4.18
(b) Repealed.19
(2) A vacancy in a party nomination occurring between the20
sixty-seventh day before a primary election and the earliest day to mail21
primary election ballots pursuant to section 1-7.5-107 may be filled by the22
respective party assembly vacancy committee of the appropriate district,23
county, or state. The party assembly vacancy committee must be24
appointed by the party in accordance with party rules.25
SECTION 14. In Colorado Revised Statutes, 1-4-1004, amend26
(1) and (2) as follows:27
SB23-101
-16- 1-4-1004. Vacancies in major party designation occurring1
from the day after the earliest day to mail primary election ballots2
through primary election day. (1) For the purposes of this section, a3
vacancy is caused by the declination, death, disqualification, or4
withdrawal of the person designated by the assembly as a candidate for5
nomination ALL INDIVIDUALS DESIGNATED AS CANDIDATES FOR6
NOMINATION BY A MAJOR POLITICAL PARTY IN ACCORDANCE WITH7
SECTION 1-4-603 AND PART 8 OF THIS ARTICLE 4 OR ALL INDIVIDUALS8
DESIGNATED AS CANDIDATES FOR NOMINATION BY A MINOR POLITICAL9
PARTY IN ACCORDANCE WITH PART 8 OF THIS ARTICLE 4.10
(2) A vacancy in a party designation occurring from the day after11
the earliest day to mail primary election ballots pursuant to section12
1-7.5-107 through the day of the primary election may be filled by the13
respective party assembly vacancy committee of the district, county, or14
state, depending upon the office for which the vacancy in nomination has15
occurred. The party assembly vacancy committee must be appointed by16
the party in accordance with party rules.17
SECTION 15. In Colorado Revised Statutes, amend 1-4-1007 as18
follows:19
1-4-1007. Vacancies in minor party designation or nomination.20
Any vacancy in a nomination for a minor political party candidate21
occurring after the filing of the certificate of designation pursuant to22
section 1-4-1304 (3) and no later than seventy days before the general or23
congressional vacancy election, which is caused by the declination, death,24
disqualification, or withdrawal of any person nominated by the minor25
political party, may be filled by the person or persons designated in the26
constitution or bylaws of the minor political party to fill vacancies.27
SB23-101
-17- SECTION 16. In Colorado Revised Statutes, 1-4-1010, amend1
(1)(b)(I); and repeal (1)(a)(I) as follows:2
1-4-1010. Vacancies in office occurring from the sixty-eighth3
day prior to primary election day through the earliest day to mail4
general election ballots. (1) Except as otherwise provided in subsection5
(2) of this section or section 1-4-1010 (2), any vacancy in a statewide or6
county office, in the office of district attorney, or in the office of a state7
senator occurring during a term of office and falling within the time8
periods governed by section 1-4-1002, 1-4-1003, 1-4-1004, or 1-4-10059
shall be filled at the next general election with nomination or designation10
by the political party as follows:11
(a) (I) If the vacancy occurs before the political party assembly,12
the designated election official shall notify the chairperson of each major13
political party that the office will be on the ballot for the next primary14
election, and candidates for the office shall be designated as provided in15
section 1-4-601 or 1-4-603.16
(b) (I) If the vacancy occurs after the political party assembly and17
no later than sixty-eight days before the primary election, the designated18
election official shall add the office to the notice of election and notify the19
chairperson of each major political party that the office will be on the20
ballot for the next primary election. Candidates for the office shall be21
designated as provided in section 1-4-603 or by the respective party22
central committee vacancy committee for the state, county, judicial23
district, or state senate district.24
SECTION 17. In Colorado Revised Statutes, 1-4-1304, amend25
(1.5)(c) and (1.5)(d); and repeal (1.5)(b) and (3) as follows:26
1-4-1304. Nomination of candidates. (1.5) (b) (I) A minor27
SB23-101
-18- political party may nominate candidates for offices to be filled at a1
general election by assembly. Except as provided in subsection (1.5)(f) of2
this section, an assembly shall be held no later than seventy-three days3
preceding the primary election.4
(II) Each candidate receiving thirty percent or more of the votes5
of all duly accredited assembly delegates who are present and voting on6
that office shall be designated by the assembly and certified pursuant to7
subsection (3) of this section.8
(c) If an assembly designates more than one candidate for an9
office, or if an assembly designates one or more candidates and one or10
more candidates qualifies QUALIFY by petition, the candidate of the minor11
political party for that office shall be nominated at a primary election held12
in accordance with this code. A minor political party may prohibit13
unaffiliated electors from voting in the party's primary election so long as14
the prohibition is in accordance with the party's constitution, bylaws, or15
other applicable rules. Any minor party choosing to prohibit unaffiliated16
electors from voting in its primary election must notify the secretary of17
state of the prohibition not less than seventy-five days prior to the primary18
election.19
(d) If only one candidate is designated for an office by petition or20
assembly, that candidate shall be the candidate of the minor political party21
in the general election.22
(3) Any minor political party nominating candidates in accordance23
with this part 13 shall file a certificate of designation with the designated24
election official no later than four days after the assembly was held at25
which the candidate was designated. The certificate of designation must26
state the name of the office for which each person is a candidate and the27
SB23-101
-19- candidate's name and address, the date on which the assembly was held1
at which the candidate was designated, must designate in not more than2
three words the name of the minor political party that the candidate3
represents, and must certify that the candidate is a member of the minor4
political party. The candidate's name may include one nickname, if the5
candidate regularly uses the nickname and the nickname does not include6
any part of a political party name. The candidate's affiliation as shown in7
the statewide voter registration system is prima facie evidence of party8
membership.9
SECTION 18. In Colorado Revised Statutes, 30-10-501.5,10
amend (1)(c) as follows:11
30-10-501.5. Qualifications. (1) No person is eligible for12
nomination, election, or appointment to the office of sheriff unless the13
person:14
(c) Has had a complete set of fingerprints taken by a qualified law15
enforcement agency and has submitted a receipt evidencing the16
fingerprinting at the time of filing his or her written acceptance pursuant17
to section 1-4-601 (3), 1-4-906 or part 10 of article 4 of title 1, or at the18
time of filing an affidavit of intent pursuant to section 1-4-1101, as19
applicable. The law enforcement agency shall forward the fingerprints to20
the Colorado bureau of investigation. The bureau shall utilize the21
fingerprints, its files and records, and those of the federal bureau of22
investigation for the purpose of determining whether the person has ever23
been convicted of or pleaded guilty or entered a plea of nolo contendere24
to any felony charge under federal or state laws. The Colorado bureau of25
investigation shall notify the county clerk and recorder of the county for26
which the person is a candidate of the results of the fingerprint analysis.27
SB23-101
-20- If a conviction or plea is disclosed, the person is unqualified for the office1
of sheriff, unless pardoned. The results of the fingerprint analysis are2
confidential; except that the county clerk and recorder may divulge3
whether the person is qualified or unqualified for the office of sheriff.4
SECTION 19. In Colorado Revised Statutes, 30-10-601.5,5
amend (2)(a) as follows:6
30-10-601.5. Qualifications - fingerprints. (2) (a) A person who7
is nominated by a political party or for whom a nominating petition is8
filed for the office of coroner shall have a complete set of fingerprints9
taken by a qualified law enforcement agency and submit proof of such10
fingerprinting when filing a written acceptance pursuant to section11
1-4-601 (3), 1-4-906 or part 10 of article 4 of title 1.12
SECTION 20. Safety clause. The general assembly hereby finds,13
determines, and declares that this act is necessary for the immediate14
preservation of the public peace, health, or safety.15
SB23-101
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