First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 23-0172.01 Megan McCall x4215
SENATE BILL 23-301
Senate Committees House Committees
State, Veterans, & Military Affairs
A BILL FOR AN ACT
C
ONCERNING VOTING IN PRES IDENTIAL 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
.)
The bill requires that in presidential primary elections, beginning
with the 2028 presidential primary election, electors rank their 5 top
choices for candidate. Each ballot counts as one vote for the highest
ranked active candidate on that ballot. Votes are tabulated in rounds until
2 or fewer active candidates remain. Votes cast for a candidate who
withdraws their candidacy for president of the United States and votes
cast for a candidate with the fewest votes in a round of tabulation are
transferred to the elector's next highest ranked active candidate on the
SENATE SPONSORSHIP
Bridges,
HOUSE SPONSORSHIP
deGruy Kennedy and Soper,
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. ballot. Ties are determined by lot. Round-by-round tabulation results must
be publicly reported as unofficial preliminary results beginning at the time
the polls close on election day until all votes have been counted.
The secretary of state must certify the results of each round of
tabulation to the state chairperson and national committee of each
political party that participated in the presidential primary election. The
secretary of state is authorized to promulgate rules for the implementation
of the ranked choice voting method for presidential primary elections.
The bill also requires that for the 2024 presidential primary
election, voters covered by the "Uniform Military and Overseas Voters
Act" be allowed to cast votes on ballots that allow the voter to rank up to
5 candidates, including a write-in candidate, and provides for the manner
in which such ballots are to be counted.
Current law provides that ballots already printed that have votes
cast for withdrawn, deceased, or disqualified candidates are invalid and
are not to be counted. The bill makes an exception that ranked ballots
with votes cast for withdrawn, deceased, or disqualified candidates for a
presidential primary election are to be counted.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, amend 1-4-1202 as2
follows:3
1-4-1202. Definitions. As used in this part 12, unless the context4
otherwise requires:5
(1) "A
CTIVE CANDIDATE" MEANS ANY CANDIDATE WHO HAS NOT6
BEEN ELIMINATED DURING TABULATION OF THE VOTES CAST IN A7
PRESIDENTIAL PRIMARY ELECTION AND IS NOT A WITHDRAWN CANDIDATE .8
(2) "B
ALLOT" MEANS A BALLOT IN A PRESIDENTIAL PRIMARY9
ELECTION.10
(3) "C
ANDIDATE" MEANS A CANDIDATE FOR THE OFFICE OF11
PRESIDENT OF THE UNITED STATES.12
(4) "H
IGHEST RANKED ACTIVE CANDIDATE " MEANS THE ACTIVE13
CANDIDATE ASSIGNED TO A HIGHER RANKING ORDER THAN ANY OTHER14
ACTIVE CANDIDATES ON THE BALLOT .15
SB23-301-2- (5) "INACTIVE BALLOT" MEANS A BALLOT THAT DOES NOT COUNT1
AS A VOTE FOR ANY CANDIDATE FOR ANY OF THE REASONS SET FORTH IN2
SECTION 1-4-1205.5 (3)(b)(I).3
(6) "O
VERVOTE" MEANS AN ELECTOR HAS RANKED MORE THAN4
ONE CANDIDATE WITH THE SAME RANKING ORDER NUMBER ON THE5
ELECTOR'S BALLOT.6
(1)
(7) "Political party" means a major political party as defined7
in section 1-1-104 (22).8
(2) (8) "Presidential primary election" means a primary election9
conducted in a year in which a United States Presidential Election will be10
held to allocate delegates to national nominating conventions of the major11
political parties selected in accordance with section 1-4-701.12
(9) "R
ANKING ORDER" MEANS THE NUMBERS ASSIGNED BY AN13
ELECTOR TO CANDIDATES TO EXPRESS THE ELECTOR 'S HIGHEST TO LOWEST14
PREFERENCE OF CANDIDATE . IN EXPRESSING THE ELECTOR'S "RANKING15
ORDER", THE NUMBER ONE DEMONSTRATES THE HIGHEST PREFERENCE16
CANDIDATE OF THE ELECTOR AND THE NEXT SUBSEQUENT HIGHEST17
PREFERENCE CANDIDATES ARE DEMONSTRATED IN INCREASING18
SEQUENTIAL NUMBERS NOT TO EXCEED THE NUMBER FIVE .19
(10) "R
OUND" MEANS AN INSTANCE OF THE SEQUENCE IN VOTING20
TABULATION AS SET FORTH IN SECTION 1-4-1205.5 (3).21
(11) "S
KIPPED RANKING" MEANS THAT AN ELECTOR LEAVES A22
NUMBER IN THE ELECTOR'S RANKING ORDER UNASSIGNED BUT RANKS A23
CANDIDATE AT A SUBSEQUENT NUMBER IN THE RANKING ORDER .24
(12) "U
NDERVOTE" MEANS THAT THE ELECTOR HAS NOT ASSIGNED25
ANY RANKING ORDER TO ANY CANDIDATES NAMED ON THE ELECTOR 'S26
BALLOT.27
SB23-301
-3- (13) "WITHDRAWN CANDIDATE" MEANS A CANDIDATE WHO:1
(a) H
AS FILED A SIGNED LETTER OF WITHDRAWAL WITH THE STATE2
AND NATIONAL POLITICAL PARTY CHAIRS IN COMPLIANCE WITH ANY3
APPLICABLE STATE AND NATIONAL POLITICAL PARTY RULES THAT MAY4
EXIST CONCERNING THE TIMING , PROCEDURES, OR SUBSTANCE OF5
CANDIDATE WITHDRAWALS OR SUSPENSIONS ; AND6
(b) I
S DETERMINED TO BE A WITHDRAWN CANDIDATE BY THE7
SECRETARY OF STATE ACCORDING TO THE PROCESS ESTABLISHED BY RULES8
PROMULGATED BY THE SECRETARY OF STATE .9
SECTION 2. In Colorado Revised Statutes, 1-4-1203, amend10
(2)(a) and (3); repeal (4)(d); and add (2.2) as follows:11
1-4-1203. Presidential primary elections - when - conduct.12
(2) (a) Except as provided for in subsection (5) of this section, each13
political party that has a qualified candidate entitled to participate in the14
presidential primary election pursuant to this section is entitled to15
participate in the Colorado presidential primary election. At the16
presidential primary election, an elector that
WHO is affiliated with a17
political party may vote only for a candidate CANDIDATES of that political18
party
AND IN ACCORDANCE WITH SECTION 1-4-1205.5.19
(2.2) A
T LEAST ONE HUNDRED FIFTY DAYS BEFORE THE DATE OF20
THE PRESIDENTIAL PRIMARY ELECTION, THE STATE COMMITTEE FOR EACH21
POLITICAL PARTY SHALL INDICATE TO THE SECRETARY OF STATE IN22
WRITING WHETHER THE PARTY INTENDS TO ALLOCATE ANY DELEGATES BY23
CONGRESSIONAL DISTRICT OR BY OTHER GEOGRAPHICAL UNITS AND , IF SO,24
THE GEOGRAPHICAL BASIS FOR SUCH ALLOCATION . 25
(3) Except as otherwise provided in this part 12, a presidential26
primary election must be conducted in the same manner as any other27
SB23-301
-4- primary election to the extent statutory provisions governing other1
primary elections are applicable to this part 12. E
XCEPT AS OTHERWISE2
PROVIDED IN THIS PART 12, the election officers and county clerk and3
recorders have the same powers and shall perform the same duties for4
presidential primary elections as they provide by law for other primary5
elections and general elections.6
(4) (d) The secretary of state may by rule adopt additional ballot
7
requirements necessary to avoid voter confusion in voting in presidential8
primary elections.9
SECTION 3. In Colorado Revised Statutes, 1-4-1204, amend (3)10
as follows:11
1-4-1204. Names on ballots. (3) Except as otherwise prohibited12
by political party rules, the state chairperson of a political party may13
request the secretary to provide a place on the primary ballot for electors14
who have no presidential candidate preference to register a vote to send15
a noncommitted delegate to the political party's national convention. To16
be valid, this request must be received by the secretary of state no later17
than seventy days before the presidential primary election. I
F THE STATE18
CHAIRPERSON OF A POLITICAL PARTY MAKES A REQUEST AS SET FORTH IN19
THIS SUBSECTION (3), THE OPTION TO SEND A NONCOMMITTED DELEGATE20
TO THE POLITICAL PARTY'S NATIONAL CONVENTION MAY BE RANKED AND21
TREATED IN THE SAME MANNER AS THE NAMES APPEARING ON THE BALLOT22
AS CANDIDATES FOR PRESIDENT OF THE UNITED STATES IN ACCORDANCE23
WITH SECTION 1-4-1205.5.24
SECTION 4. In Colorado Revised Statutes, add 1-4-1205.5 as25
follows:26
1-4-1205.5. Ranked choice - tabulation - rejected ballots -27
SB23-301
-5- reporting results - rules - short title. (1) T HE SHORT TITLE OF THIS1
SECTION IS THE "EVERY VOTE COUNTS ACT".2
(2) (a) O
N AND AFTER JANUARY 1, 2028, VOTES IN A PRESIDENTIAL3
PRIMARY ELECTION SHALL BE MADE AND COUNTED BY RANKED CHOICE4
VOTING. EACH BALLOT COUNTS AS ONE VOTE FOR THE HIGHEST RANKED5
ACTIVE CANDIDATE ON THE BALLOT . RANKING ORDER FOR WITHDRAWN6
CANDIDATES IS TREATED IN THE SAME MANNER AS RANKING ORDER FOR7
CANDIDATES WHO HAVE BEEN ELIMINATED FROM TABULATION IN8
ACCORDANCE WITH SUBSECTION (3)(a)(II) OF THIS SECTION.9
(b) B
ALLOTS SHALL ALLOW AN ELECTOR TO RANK FIVE10
CANDIDATES NAMED ON THE BALLOT , INCLUDING ANY WRITE -IN11
CANDIDATES WHO HAVE PROPERLY FILED STATEMENTS WITH THE12
SECRETARY OF STATE AND PAID THE FEE IN ACCORDANCE WITH SECTION13
1-4-1205.
NOTWITHSTANDING SECTION 1-4-1205, IF THE WRITE-IN14
CANDIDATE HAS NOT FILED A STATEMENT OR PAID A FEE , RANKING ORDER15
FOR THE WRITE-IN CANDIDATES ARE TREATED IN THE SAME MANNER AS16
RANKING ORDER FOR CANDIDATES WHO HAVE BEEN ELIMINATED FROM17
TABULATION IN ACCORDANCE WITH SUBSECTION (3)(a)(II) OF THIS18
SECTION. IF THE TOTAL NUMBER OF CANDIDATES PLUS THE OPTION FOR A19
WRITE-IN CANDIDATE FOR A CONTEST IS LESS THAN FIVE, THE NUMBER OF20
LINES ON THE BALLOT FOR RANKING ORDERS MUST EQUAL THAT TOTAL .21
(c) I
N A PRESIDENTIAL PRIMARY ELECTION CONDUCTED IN22
ACCORDANCE WITH THE PROVISIONS OF THIS SECTION , THE ELECTION23
JUDGES SHALL NOT COUNT VOTES AT THE POLLING LOCATION BUT SHALL24
DELIVER ALL BALLOTS CAST IN THE PRESIDENTIAL PRIMARY ELECTION TO25
THE DESIGNATED ELECTION OFFICIAL , WHO SHALL COUNT THE VOTES IN26
ACCORDANCE WITH THIS SECTION AND THE RULES ADOPTED BY THE27
SB23-301
-6- SECRETARY OF STATE.1
(3) (a) V
OTES FOR CANDIDATES IN A PRESIDENTIAL PRIMARY2
ELECTION SHALL BE TABULATED AS FOLLOWS :3
(I) I
F TWO OR FEWER ACTIVE CANDIDATES REMAIN , THE4
TABULATION PROCESS IS COMPLETE. OTHERWISE, TABULATION CONTINUES5
IN ACCORDANCE WITH SUBSECTION (3)(a)(II) OF THIS SECTION.6
(II) T
HE ACTIVE CANDIDATE WITH THE FEWEST VOTES IS7
ELIMINATED, VOTES FOR THE ELIMINATED CANDIDATE ARE TRANSFERRED8
TO A BALLOT'S NEXT HIGHEST RANKED ACTIVE CANDIDATE , AND A NEW9
ROUND BEGINS IN ACCORDANCE WITH SUBSECTION (3)(a)(I) OF THIS10
SECTION.11
(b) (I) A
N INACTIVE BALLOT DOES NOT COUNT AS A VOTE FOR ANY12
CANDIDATE. A BALLOT IS INACTIVE IF:13
(A) T
HE BALLOT NO LONGER CONTAINS AN ACTIVE CANDIDATE14
AND THE ELECTOR HAS NOT UNDERVOTED ;15
(B) T
HE BALLOT HAS REACHED AN OVERVOTE ; OR16
(C) T
HE BALLOT HAS REACHED TWO CONSECUTIVE SKIPPED17
RANKING ORDERS.18
(II) A
BALLOT ON WHICH THE ELECTOR HAS UNDERVOTED DOES19
NOT COUNT AS AN ACTIVE OR INACTIVE BALLOT IN ANY ROUND OF20
TABULATION AND IS NOT COUNTED AS A VOTE FOR ANY CANDIDATE .21
(c) I
F TWO OR MORE CANDIDATES HAVE AN E QUAL AMOUNT OF22
FEWEST VOTES AND TABULATION CANNOT CONTINUE PURSUANT TO23
SUBSECTION (3)(a) OF THIS SECTION UNTIL THE CANDIDATE WITH THE24
FEWEST VOTES IS ELIMINATED , THE CANDIDATE TO BE ELIMINATED IS25
DETERMINED BY LOT. THE SECRETARY OF STATE SHALL DETERMINE THE26
MANNER OF DRAWING LOTS AND SHALL DETERMINE THE M ANNER PRIOR TO27
SB23-301
-7- TABULATION AND AFTER ALL VOTES ARE CAST . THE DETERMINATION OF1
THE ELIMINATED CANDIDATE IN THE ROUND OF TABULATION PURSUANT TO2
THIS SUBSECTION (3)(c) MUST BE RECORDED AND, IF THERE IS A RECOUNT3
AND TWO OR MORE CANDIDATES STILL HAVE AN EQUAL AMOUNT OF4
FEWEST VOTES, THE SAME LOT MUST BE USED AND THE METHOD OF5
DETERMINATION BY LOT MUST BE THE SAME .6
(4) (a) T
HE SECRETARY OF STATE SHALL PROMULGATE RULES OR7
GUIDANCE TO FACILITATE THE RELEASE OF UNOFFICIAL PRELIMINARY8
ROUND-BY-ROUND RESULTS AND UNOFFICIAL PRELIMINARY RECORDS OF9
VOTES CAST AS SOON AS FEASIBLE AFTER THE POLLS CLOSE AND AT10
REGULAR INTERVALS UNTIL THE COMPLETION OF COUNTING VOTES . IN11
PROMULGATING RULES OR GUIDANCE PURSUANT TO THIS SUBSECTION12
(4)(a),
THE SECRETARY OF STATE SHALL CONSULT WITH COUNTY CLERK13
AND RECORDERS , OTHER LOCAL ELECTION OFFICIALS , AND14
REPRESENTATIVES OF THE STATE AND NATIONAL POLITICAL PARTIES .15
(b) U
NOFFICIAL PRELIMINARY ROUND -BY-ROUND RESULTS AND16
UNOFFICIAL PRELIMINARY RECORDS OF VOTES CAST MUST BE :17
(I) C
LEARLY LABELED AS PRELIMINARY AND , IF FEASIBLE, MUST18
INCLUDE THE PERCENTAGE OF BALLOTS COUNTED AT THE TIME THE19
UNOFFICIAL PRELIMINARY RESULT IS REPORTED ;20
(II) P
UBLISHED ONLINE IN A PUBLICLY ACCESSIBLE , ELECTRONIC21
FORMAT; AND22
(III) I
DENTIFIABLE BY PRECINCT TO THE EXTENT IDENTIFICATION23
CAN BE PROVIDED IN A MANNER CONSISTENT WITH MAINTAINING VOTER24
PRIVACY.25
(5) T
HE SECRETARY OF STATE MAY PROMULGATE ANY RULES26
NECESSARY TO IMPLEMENT THIS SECTION .27
SB23-301
-8- (6) NOTHING IN THIS SECTION PRECLUDES A POLITICAL PARTY1
FROM ALLOCATING DELEGATES ACCORDING TO THE POLITICAL PARTY 'S2
RULES FOR ALLOCATING DELEGATES .3
(7) P
URSUANT TO SECTION 24-21-104.7, THE SECRETARY OF STATE4
MAY RECEIVE AND EXPEND GIFTS OR GRANTS FOR PURPOSES OF5
IMPLEMENTING AND PROVIDING EDUCATION ON THIS ACT .6
SECTION 5. In Colorado Revised Statutes, amend 1-4-1206 as7
follows:8
1-4-1206. Presidential primary ballots - survey of returns.9
Each county clerk and recorder shall survey all returns received from the10
presidential primary election in all county precincts in accordance with11
article 10 of this title 1. For counties that contain more than one United12
States congressional district, the returns must indicate the number of13
votes cast in each precinct
AND THE NUMBER OF NUMBER ONE PREFERENCE14
RANKINGS RECEIVED for each candidate IN EACH PRECINCT; except that,15
if the total number of votes cast and counted in any precinct is less than16
ten, the returns for all such precincts in the county must be reported17
together. For counties that contain only one United States congressional18
district, the returns may indicate the number of votes cast in the county19
AND THE NUMBER OF NUMBER ONE PREFERENCE RANKINGS RECEIVED for20
each candidate
IN THE COUNTY.21
SECTION 6. In Colorado Revised Statutes, 1-4-1207, amend (1)22
and (2) as follows:23
1-4-1207. Election results - certification - pledging of24
delegates. (1) The secretary shall compile the number of votes cast for
25
each candidate named on the presidential primary election ballot and the26
votes cast to send a noncommitted delegate to the political party's national27
SB23-301
-9- convention, if applicable, and shall calculate the percentage of votes1
received by each candidate as compared to the number of votes received2
by all candidates of the same political party. THE SECRETARY SHALL MAKE3
PUBLIC:4
(a) T
HE TOTAL NUMBER OF VOTES EACH CANDIDATE RECEIVED IN5
EACH ROUND OF THE OFFICIAL TABULATION ;6
(b) T
HE TOTAL NUMBER OF BALLOTS THAT BECAME INACTIVE IN7
EACH ROUND BECAUSE THE BALLOT DID NOT CONTAIN ANY ACTIVE8
CANDIDATES, THE ELECTOR OVERVOTED, OR THE BALLOT CONTAINED TWO9
CONSECUTIVE SKIPPED RANKINGS, EACH REPORTED AS SEPARATE FIGURES;10
AND11
(c) T
HE RECORDS OF VOTES CAST IN A PUBLICLY ACCESSIBLE ,12
ELECTRONIC FORMAT AND IDENTIFIABLE BY PRECINCT TO THE EXTENT13
IDENTIFICATION CAN BE PROVIDED IN A MANNER CONSISTENT WITH14
MAINTAINING VOTER PRIVACY .15
(2) The secretary shall certify the results and percentages
16
calculated pursuant to subsection (1) of this section to the state17
chairperson and the national committee of each political party which had18
at least one candidate on its presidential primary election ballot THE19
SECRETARY OF STATE SHALL CERTIFY THE RESULTS OF EACH ROUND20
TABULATED PURSUANT TO SECTION 1-4-1205.5 (3), ALONG WITH ANY21
OTHER INFORMATION REQUIRED BY SECTION 1-4-1205.5 (4), TO THE STATE22
CHAIRPERSON AND THE NATIONAL COMMITTEE OF EACH POLITICAL PARTY23
THAT PARTICIPATED IN THE PRESIDENTIAL PRIMARY ELECTION . IF A PARTY24
ALLOCATES DELEGATES BY CONGRESSIONAL DISTRICT OR OTHER25
GEOGRAPHICAL UNITS, THE SECRETARY OF STATE SHALL ALSO PROVIDE26
THE ROUND-BY-ROUND RESULTS AND THE RECORDS OF VOTES CAST BY27
SB23-301
-10- CONGRESSIONAL DISTRICT OR OTHER GEOGRAPHICAL UNITS .1
SECTION 7. In Colorado Revised Statutes, add 1-4-1208 as2
follows:3
1-4-1208. Ranked choice ballots for uniform military and4
overseas voters - legislative declaration - definitions - repeal.5
(1) (a) T
HE GENERAL ASSEMBLY FINDS AND DECLARES THAT :6
(I) M
ILITARY AND QUALIFIED OVERSEAS VOTERS7
DISPROPORTIONATELY FACE CONSTRAINTS ON VOTING DUE TO THE EXTRA8
TIME NEEDED TO RECEIVE AND RETURN BALLOTS BY MAIL , AS RECOGNIZED9
IN FEDERAL LAW;10
(II) P
RESIDENTIAL PRIMARIES OFTEN INCLUDE RAPIDLY CHANGING11
CANDIDATE FIELDS, AS CANDIDATES DROP OUT OVER THE COURSE OF THE12
ELECTION;13
(III) I
F A VOTER VOTES EARLY , AS MILITARY AND QUALIFIED14
OVERSEAS VOTERS OFTEN MUST DO , THE VOTER MAY VOTE FOR A15
CANDIDATE WHO WITHDRAWS PRIOR TO THE DATE OF THE ELECTION ,16
MISSING THE OPPORTUNITY TO MEANINGFULLY PARTICIPATE IN THE17
ELECTION;18
(IV) I
N 2020, OVER 3 MILLION VOTES WERE CAST IN THE19
DEMOCRATIC PRESIDENTIAL PRIMARY ELECTION FOR CANDIDATES WHO20
HAD WITHDRAWN BY THE DAY OF THE ELECTION , AND IN 2016, OVER 221
MILLION VOTES WERE CAST IN THE REPUBLICAN PRESIDENTIAL PRIMARY22
ELECTION FOR CANDIDATES WHO HAD WITHDRAWN BY THE DAY OF THE23
ELECTION; AND24
(V) A
LLOWING VOTERS THE OPPORTUNITY TO CAST A RANKED25
BALLOT CAN PROTECT VOTERS FROM LOSING THEIR VOTE TO A CANDIDATE26
WHO HAS WITHDRAWN , BECAUSE IF THE VOTER 'S FIRST CHOICE OF27
SB23-301
-11- CANDIDATES HAS NOTIFIED STATE ELECTION OFFICIALS OF THE1
CANDIDATE'S WITHDRAWAL OR OTHERWISE HAS BECOME INELIGIBLE , THEN2
THE VOTER'S BALLOT WILL COUNT FOR THEIR NEXT CHOICE OF CANDIDATE3
INSTEAD.4
(b) T
HEREFORE, THE GENERAL ASSEMBLY FINDS AND DECLARES5
THAT IT IS NECESSARY TO ALLOW MILITARY AND QUALIFIED OVERSEAS6
VOTERS TO INDICATE THEIR RANKED PREFERENCES WHEN VOTING IN A7
PRESIDENTIAL PRIMARY ELECTION . THE BALLOT OF A MILITARY OR8
QUALIFIED OVERSEAS VOTER WILL COUNT FOR THE VOTER 'S FIRST CHOICE9
CANDIDATE, IF THAT CANDIDATE IS AN ACTIVE CANDIDATE . IF THE VOTER'S10
FIRST CHOICE HAS WITHDRAWN OR BECOME INELIGIBLE , THE BALLOT WILL11
COUNT FOR THEIR HIGHEST RANKED ACTIVE CANDIDATE .12
(2) A
S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE13
REQUIRES:14
(a) N
OTWITHSTANDING SECTION 1-4-1202 (1), "ACTIVE15
CANDIDATE" MEANS ANY C ANDIDATE WHO IS NOT A DIS QUALIFIED16
CANDIDATE OR A WITHDRAWN CANDIDATE .17
(b) "C
OVERED VOTER" HAS THE SAME MEANING AS SET FORTH IN18
SECTION 1-8.3-102 (2).19
(c) "D
ISQUALIFIED CANDIDATE" MEANS A CANDIDATE THAT IS20
DECEASED OR HAS BEEN DISQUALIFIED FOR ANOTHER REASON PROVIDED21
FOR UNDER THIS TITLE 1.22
(d) N
OTWITHSTANDING SECTION 1-4-1202 (4), "HIGHEST RANKED23
ACTIVE CANDIDATE" MEANS THE ACTIVE CANDIDATE ASSIGNED TO A24
HIGHER RANKING ORDER THAN ANY OTHER ACTIVE CANDIDATES ON THE25
BALLOT.26
(e) "I
NACTIVE CANDIDATE" MEANS A WITHDRAWN CANDIDATE OR27
SB23-301
-12- A DISQUALIFIED CANDIDATE.1
(3) (a) N
OTWITHSTANDING ANY PROVISION IN THIS TITLE 1 TO THE2
CONTRARY, FOR A PRESIDENTIAL PRIMARY ELECTION THAT TAKES PLACE3
ON OR AFTER JANUARY 1, 2024, BUT BEFORE DECEMBER 31, 2027, IN4
WHICH THERE ARE AT LEAST THREE CANDIDATES , A COVERED VOTER5
SHALL BE ENTITLED TO A BALLOT THAT ALLOWS THE COVERED VOTER TO6
RANK CANDIDATES IN ORDER OF PREFERENCE IN ACCORDANCE WITH THE7
PROVISIONS OF THIS SECTION 1-4-1208.8
(b) T
HE BALLOTS MUST ALLOW A COVERED VOTER TO RANK FIVE9
CANDIDATES, INCLUDING ONE WRITE -IN CANDIDATE. IF THE TOTAL10
NUMBER OF CANDIDATES PLUS THE OPTION FOR A WRITE -IN CANDIDATE11
FOR A CONTEST IS LESS THAN FIVE, THE NUMBER OF LINES ON THE BALLOT12
FOR RANKING ORDERS MUST EQUAL THAT TOTAL . IF VOTING EQUIPMENT13
CANNOT ACCOMMODATE AT LEAST FIVE R ANKING ORDERS ON THE BALLOT ,14
THE SECRETARY OF STATE MAY LIMIT THE NUMBER OF CHOICES A COVERED15
VOTER MAY RANK ON A BALLOT TO THE MAXIMUM NUMBER ALLOWED BY16
THE EQUIPMENT; EXCEPT THAT THE NUMBER OF RANKING ORDERS17
ALLOWED MUST NOT BE LESS THAN THREE .18
(4) B
ALLOTS MUST BE PROCESSED IN A MANNER ESTABLISHED BY19
THE SECRETARY OF STATE CONSISTENT WITH THE FOLLOWING :20
(a) E
ACH BALLOT CAST IN A PRESIDENTIAL PRIMARY ELECTION21
PURSUANT TO THIS SECTION COUNTS AS A VOTE FOR THE HIGHEST RANKED22
ACTIVE CANDIDATE;23
(b) I
F THE CANDIDATE ON A BALLOT WITH THE HIGHEST RANKING24
ORDER IS AN INACTIVE CANDIDATE, THE BALLOT SHALL COUNT AS A VOTE25
FOR THE HIGHEST RANKED ACTIVE CANDIDATE ; AND26
(c) A
BALLOT DOES NOT COUNT AS A VOTE FOR ANY CANDIDATE IN27
SB23-301
-13- ANY OF THE FOLLOWING INSTANCES :1
(I) T
HE COVERED VOTER HAS UNDERVOTED ON THE BALLOT ;2
(II) T
HE COVERED VOTER HAS NOT UNDERVOTED BUT HAS NOT3
ASSIGNED RANKING ORDERS TO ANY ACTIVE CANDIDATES ;4
(III) T
HE COVERED VOTER HAS OVERVOTED AT OR PRIOR TO THE5
RANKING ORDER FOR THE HIGHEST RANKED ACTIVE CANDIDATE ; OR6
(IV) T
HE BALLOT CONTAINS TWO OR MORE CONSECUTIVE SKIPPED7
RANKING ORDERS PRIOR TO THE RANKING FOR THE HIGHEST R ANKED8
ACTIVE CANDIDATE.9
(5) T
HE SECRETARY OF STATE MAY PROMULGATE ANY RULES10
NECESSARY TO IMPLEMENT THIS SECTION .11
(6) T
HIS SECTION IS REPEALED, EFFECTIVE JANUARY 1, 2028.12
SECTION 8. In Colorado Revised Statutes, 1-5-412, amend (3)13
as follows:14
1-5-412. Correction of errors. (3) (a) If, before the date set for15
election, a duly nominated candidate withdraws by filing an affidavit of16
withdrawal with the designated election official, or dies and the fact of17
the death becomes known to the designated election official before the18
ballots are printed, or is deemed disqualified, the name of the candidate19
shall not be printed on the ballots. Except in the case of a vacancy to be20
filled in accordance with section 1-4-1005, 1-4-1006, or 1-4-1009, if the21
ballots are already printed, the votes cast for the withdrawn, deceased, or22
disqualified candidate are invalid and shall not be counted;
EXCEPT THAT23
RANKED BALLOTS CAST IN A PRESIDENTIAL PRIMARY ELECTION FOR A24
WITHDRAWN, DECEASED, OR DISQUALIFIED CANDIDATE SHALL BE25
COUNTED FOR THE HIGHEST RANKED ACTIVE CANDIDATE ON A BALLOT .26
(b) A
S USED IN THIS SUBSECTION (3), UNLESS THE CONTEXT27
SB23-301
-14- OTHERWISE REQUIRES:1
(I) "H
IGHEST RANKED ACTIVE CANDIDATE " FOR THE PRESIDENTIAL2
PRIMARY ELECTION THAT TAKES PLACE ON OR AFTER JANUARY 1, 2024,3
BUT BEFORE DECEMBER 31, 2027, HAS THE SAME MEANING AS SET FORTH4
IN SECTION 1-4-1208 (2)(d) AND FOR PRESIDENTIAL PRIMARY ELECTIONS5
THAT TAKE PLACE ON OR AFTER JANUARY 1, 2028, HAS THE SAME6
MEANING AS SET FORTH IN SECTION 1-4-1202 (4).7
(II) "P
RESIDENTIAL PRIMARY ELECTION" HAS THE SAME MEANING8
AS SET FORTH IN 1-4-1202 (8).9
SECTION 9. In Colorado Revised Statutes, 1-7-508, amend (2)10
as follows:11
1-7-508. Determination of improperly marked ballots.12
(2) Votes cast for an office to be filled or a ballot question or ballot issue13
to be decided shall not be counted if a voter marks more names than there14
are persons to be elected to an office or if for any reason it is impossible15
to determine the elector's choice of candidate or vote concerning the16
ballot question or ballot issue; except that an elector's rankings of17
multiple candidates in an election using instant runoff voting shall be18
recorded and counted in accordance with section 1-7-1003 and rules19
promulgated by the secretary of state
AND VOTES CAST IN A PRESIDENTIAL20
PRIMARY ELECTION SHALL BE RECORDED AND COUNTED IN ACCORDANCE21
WITH SECTION 1-4-1205.5 AND RULES PROMULGATED BY THE SECRETARY22
OF STATE. A defective or an incomplete mark on any ballot in a proper23
place shall be counted if no other mark is on the ballot indicating an24
intention to vote for some other candidate or ballot question or ballot25
issue.26
SECTION 10. Applicability. Sections 1, 7, and 8 of this act27
SB23-301
-15- apply to presidential primary elections on or after the effective date of this1
act. Sections 2, 3, 4, 5, 6, and 9 of this act apply to presidential primary2
elections on or after January 1, 2028.3
SECTION 11. Safety clause. The general assembly hereby finds,4
determines, and declares that this act is necessary for the immediate5
preservation of the public peace, health, or safety.6
SB23-301
-16-