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Colorado House Bill HB1177

Colorado 2024 Regular Session

Colorado House Bill HB1177 Compare Versions

Only one version of the bill is available at this time.
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11 Second Regular Session
22 Seventy-fourth General Assembly
33 STATE OF COLORADO
44 INTRODUCED
55
66
77 LLS NO. 24-0301.02 Alison Killen x4350
88 HOUSE BILL 24-1177
99 House Committees Senate Committees
1010 State, Civic, Military, & Veterans Affairs
1111 A BILL FOR AN ACT
1212 C
1313 ONCERNING THE MODIFICATI ON OF COUNTY COMMISSIONER101
1414 ELECTIONS IN COUNTIES WITH POPULATIONS OF SEVENTY102
1515 THOUSAND OR MORE , AND, IN CONNECTION THEREWITH ,103
1616 REQUIRING SUCH COUNTIES TO HAVE FIVE COMMISSIONERS , AT104
1717 LEAST THREE OF WHOM ARE ELECTED ONLY BY VOTERS105
1818 RESIDENT IN THE DISTRICT FROM WHICH THE COMMISSIONER106
1919 RUNS FOR ELECTION.107
2020 Bill Summary
2121 (Note: This summary applies to this bill as introduced and does
2222 not reflect any amendments that may be subsequently adopted. If this bill
2323 passes third reading in the house of introduction, a bill summary that
2424 applies to the reengrossed version of this bill will be available at
2525 http://leg.colorado.gov
2626 .)
2727 HOUSE SPONSORSHIP
2828 Marshall,
2929 SENATE SPONSORSHIP
3030 Priola,
3131 Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
3232 Capital letters or bold & italic numbers indicate new material to be added to existing law.
3333 Dashes through the words or numbers indicate deletions from existing law. Currently, in a county with a population of 70,000 or more, the
3434 board of county commissioners (board) may consist of 3 commissioners
3535 from 3 districts, with one commissioner elected from each district by
3636 voters of the whole county. Alternatively, the board may consist of 5
3737 commissioners, the county may be divided into 3 or 5 districts, and the
3838 commissioners may be elected pursuant to one of 10 alternative methods.
3939 The bill eliminates this discretionary system and instead requires
4040 that all counties with a population of 70,000 or more have 5
4141 commissioners, with at least 3 commissioners elected only by voters
4242 resident in the district from which each commissioner runs for election.
4343 The bill allows the counties to choose between 2 election alternatives:
4444 ! 3 commissioners resident in 3 districts elected by voters
4545 resident in those districts and 2 commissioners elected at
4646 large; or
4747 ! 5 commissioners resident in 5 districts elected only by
4848 voters resident in those districts.
4949 The bill makes conforming amendments to statutory provisions
5050 concerning commissioner districts and election petition statutes. The bill
5151 does not affect counties that have adopted home rule.
5252 Be it enacted by the General Assembly of the State of Colorado:1
5353 SECTION 1. Short title. The short title of this act is the "County2
5454 Government Modernization Act".3
5555 SECTION 2. Legislative declaration. (1) The general assembly4
5656 hereby finds and declares that:5
5757 (a) It is of statewide interest that voters in every Colorado county6
5858 are empowered to elect commissioners who reflect their communities7
5959 within the county and will be responsive and accountable to them;8
6060 (b) This statewide interest in voter empowerment and responsive,9
6161 accountable government requires changes to the current permissive10
6262 system for electing county commissioners in Colorado's largest counties;11
6363 (c) A county with a population of seventy thousand or more is12
6464 likely to have more numerous and diverse communities of interest than13
6565 a county with a population of less than seventy thousand;14
6666 HB24-1177-2- (d) While counties with populations of less than seventy thousand1
6767 may be adequately represented by three commissioners, counties with2
6868 populations of seventy thousand or more require greater and more diverse3
6969 representation;4
7070 (e) Requiring all counties with populations of seventy thousand5
7171 or more to have five commissioners will maximize the opportunity for6
7272 voters in Colorado's largest counties to elect representatives who are7
7373 reflective of and responsive to their interests and concerns; and8
7474 (f) Requiring at least three of the five commissioners to be elected9
7575 only by voters resident in the district from which the commissioner runs10
7676 for election will also further responsiveness and accountability and guard11
7777 against the silencing of minority perspectives.12
7878 SECTION 3. In Colorado Revised Statutes, 1-4-205, amend (3)13
7979 as follows:14
8080 1-4-205. County commissioners. (3) (a) In each county having15
8181 a population of seventy thousand or more, the board of county16
8282 commissioners may consist either of three members, any two of whom17
8383 shall constitute a quorum for the transaction of business, or of five18
8484 members CONSISTS OF FIVE COMMISSIONERS , any three of whom shall19
8585 constitute a quorum for the transaction of business. T
8686 HE FIVE COUNTY20
8787 COMMISSIONERS MUST BE ELECTED AS PROVIDED IN SECTION 30-10-306.521
8888 (4)(a)
8989 OR (4)(b).22
9090 (b) If the board consists of three commissioners, they shall be
9191 23
9292 elected as provided in subsection (2) of this section and as provided in24
9393 section 30-10-306.7 (5), C.R.S.25
9494 (c) In any county having a population of seventy thousand or26
9595 more, the membership of the board of county commissioners may be27
9696 HB24-1177
9797 -3- increased from three to five members pursuant to section 30-10-306.5,1
9898 C.R.S., or decreased from five to three members pursuant to section2
9999 30-10-306.7 (2)(a)(II), C.R.S.3
100100 SECTION 4. In Colorado Revised Statutes, 30-10-306, amend4
101101 (1) and (2) as follows:5
102102 30-10-306. Commissioners' districts - vacancies - definitions. 6
103103 (1) Each county
104104 HAVING A POPULATION OF LESS THAN SEVENTY7
105105 THOUSAND must be divided into three compact districts by the board of8
106106 county commissioners. Each district must be as nearly equal in population9
107107 as possible based on the redistricting population data prepared by staff of10
108108 the legislative council and office of legislative legal services, or any11
109109 successor offices, in accordance with section 2-2-902. In no event shall
110110 12
111111 There
112112 SHALL NOT be more than five percent deviation between the most13
113113 populous and the least populous district in each county at the time such
114114 14
115115 district boundaries are adopted. Each district must be numbered15
116116 consecutively and must not be subject to alteration more often than once16
117117 every two years. One county commissioner must be elected from each of17
118118 such districts by the voters of the whole county. If any county18
119119 commissioner, during his or her term of office, moves from the district in19
120120 which he or she resided when elected, his or her office thereupon20
121121 becomes vacant. All proceedings by the board of county commissioners21
122122 in formation of such districts not inconsistent with this section are22
123123 confirmed and validated.23
124124 (2) Each county having a population of seventy thousand or more24
125125 that has chosen to increase the members of the board of county25
126126 commissioners from three to five must be divided into three or five26
127127 districts by the board of county commissioners according to the method27
128128 HB24-1177
129129 -4- of election described in section 30-10-306.5 (5) or (6) or section1
130130 30-10-306.7. When applicable SECTION 30-10-306.5 (4)(a) OR (4)(b). The2
131131 board of county commissioners shall divide the county into districts in3
132132 accordance with the final redistricting plan approved in accordance with4
133133 section 30-10-306.4. The districts must be as nearly equal in population5
134134 as possible based on the redistricting population data prepared by staff of6
135135 the legislative council and office of legislative legal services, or any7
136136 successor offices, in accordance with section 2-2-902. In no event shall8
137137 There
138138 SHALL NOT be more than five percent deviation between the most9
139139 populous and the least populous district in each county at the time such
140140 10
141141 district boundaries are adopted. Each district must be numbered11
142142 consecutively and is not subject to alteration more often than once every12
143143 two years; except that, notwithstanding subsection (3) of this section, the13
144144 board may alter the districts to conform to precinct boundaries that are14
145145 changed in accordance with section 1-5-103 (1), based on the division of15
146146 the state into congressional districts or an approved plan for redistricting16
147147 of the members of the general assembly when necessary to ensure that no17
148148 precinct is located in more than one district. County commissioners are18
149149 elected at large or from districts according to the method of election19
150150 described in section 30-10-306.5 (5) or (6) or section 30-10-306.720
151151 SECTION 30-10-306.5 (4)(a) OR (4)(b). If any county commissioner21
152152 required to be resident in a district moves during his or her term of office22
153153 from the district in which he or she resided when elected, his or her office23
154154 thereupon becomes vacant. All proceedings by the board of county24
155155 commissioners in formation of such districts not inconsistent with this25
156156 section are confirmed and validated.26
157157 SECTION 5. In Colorado Revised Statutes, 30-10-306.1, amend27
158158 HB24-1177
159159 -5- (1) as follows:1
160160 30-10-306.1. Commission created - commission composition2
161161 and appointment. (1) The board of county commissioners in each of the3
162162 following counties COUNTY HAVING A POPULATION OF SEVENTY4
163163 THOUSAND OR MORE must designate a county commissioner district5
164164 redistricting commission, and are IS encouraged to convene an6
165165 independent county commissioner district redistricting commission, in7
166166 order to adopt a plan to divide the relevant county into as many districts8
167167 as there are county commissioners elected by voters of their district.9
168168 (a) Counties that have any number of their county commissioners10
169169 not elected by the voters of the whole county;11
170170 (b) Counties that have any number of their county commissioners12
171171 not elected by the voters of the whole county that change the number of13
172172 county commissioners in the county; and14
173173 (c) Counties that have all of their county commissioners elected15
174174 by the voters of the whole county that then elect to have any number of16
175175 their county commissioners not elected by the voters of the whole county.17
176176 SECTION 6. In Colorado Revised Statutes, repeal and reenact,18
177177 with amendments, 30-10-306.5 as follows:19
178178 30-10-306.5. Requirement for five county commissioners -20
179179 elections - redistricting. (1) I
180180 N ANY COUNTY HAVING A POPULATION OF21
181181 SEVENTY THOUSAND OR MORE , THE MEMBERSHIP OF THE BOARD OF22
182182 COUNTY COMMISSIONERS CONSISTS OF FIVE MEMBERS ELECTED PURSUANT23
183183 TO THIS SECTION.24
184184 (2) I
185185 F, ON OR AFTER JANUARY 1, 2032, A COUNTY HAVING A25
186186 POPULATION OF SEVENTY THOUSAND OR MORE HAS LESS THAN FIVE26
187187 COUNTY COMMISSIONERS, THE BOARD OF COUNTY COMMISSIONERS SHALL27
188188 HB24-1177
189189 -6- ADOPT A RESOLUTION CHANGING ITS MEMBERSHIP TO FIVE MEMBERS . THE1
190190 BOARD OF COUNTY COMMISSIONERS SHALL PASS THE RESOLUTION NO2
191191 LATER THAN ITS FIRST REGULARLY SCHEDULED MEETING IN THE3
192192 CALENDAR YEAR 2032 OR ITS FIRST REGULARLY SCHEDULED MEETING IN4
193193 THE MONTH FOLLOWING AN INCREASE IN THE COUNTY 'S POPULATION, AS5
194194 DEFINED IN SECTION 30-10-306 (6)(f), TO SEVENTY THOUSAND OR MORE .6
195195 (3) (a) I
196196 N ANY COUNTY HAVING A POPULATION OF SEVENTY7
197197 THOUSAND OR MORE, THE BOARD OF COUNTY COMMISSIONERS SHALL PASS8
198198 A RESOLUTION DESIGNATING THE TWO ALTERNATIVE METHODS OF9
199199 ELECTING FIVE COUNTY COMMISSIONERS SET FORTH IN SUBSECTIONS (4)(a)10
200200 AND (4)(b) OF THIS SECTION. THE BOARD OF COUNTY COMMISSIONERS11
201201 SHALL ADOPT THE RESOLUTION NO LATER THAN ITS FIRST REGULARLY12
202202 SCHEDULED MEETING IN THE CALENDAR YEAR 2032 OR ITS FIRST13
203203 REGULARLY SCHEDULED MEETING IN THE MONTH FOLLOWING AN14
204204 INCREASE IN THE COUNTY 'S POPULATION, AS DEFINED IN SECTION15
205205 30-10-306 (6)(f),
206206 TO SEVENTY THOUSAND OR MORE .16
207207 (b) T
208208 HE RESOLUTION REQUIRED BY SUBSECTION (3)(a) OF THIS17
209209 SECTION SHALL BE REFERRED TO THE REGISTERED ELECTORS OF THE18
210210 COUNTY AT THE FIRST GENERAL ELECTION FOLLOWING ITS ADOPTION SO19
211211 THAT THE VOTERS MAY CHOOSE WHICH OF THE TWO ALTERNATIVE20
212212 METHODS OF ELECTING FIVE COUNTY COMMISSIONERS THEY PREFER .21
213213 T
214214 HEREAFTER, THE BOARD OF COUNTY COMMISSIONERS SHALL TAKE SUCH22
215215 ACTION AS IS NECESSARY TO ENSURE THAT COUNTY COMMISSIONERS ARE23
216216 ELECTED AT THE NEXT GENERAL ELECTION ACCORDING TO THE METHOD24
217217 OF ELECTION CONTAINED IN THE REFERRED RESOLUTION THAT RECEIVED25
218218 THE LARGEST NUMBER OF VOTES CAST .26
219219 (c) A
220220 COUNTY HAVING A POPULATION OF SEVENTY THOUSAND OR27
221221 HB24-1177
222222 -7- MORE THAT PRESENTLY ELECTS FIVE COUNTY COMMISSIONERS IS NOT1
223223 REQUIRED TO PASS THE RESOLUTION OTHERWISE REQUIRED BY2
224224 SUBSECTION (3)(a) OF THIS SECTION BUT IS REQUIRED TO ELECT FIVE3
225225 COUNTY COMMISSIONERS IN A MANNER CONSISTENT WITH SUBSECTION4
226226 (4)(a)
227227 OR (4)(b) OF THIS SECTION AS PROVIDED IN SUBSECTION (6) OR (7)5
228228 OF THIS SECTION.6
229229 (4) I
230230 N ANY COUNTY HAVING A POPULATION OF SEVENTY7
231231 THOUSAND OR MORE , THE FIVE MEMBERS OF THE BOARD OF COUNTY8
232232 COMMISSIONERS MUST BE ELECTED BY ONE OF THE FOLLOWING METHODS :9
233233 (a) T
234234 HREE COMMISSIONERS RESIDENT IN THREE DISTRICTS AND10
235235 ELECTED BY VOTERS RESIDENT IN THOSE DISTRICTS AND TWO11
236236 COMMISSIONERS ELECTED AT LARGE . SUCH COMMISSIONERS SHALL BE12
237237 ELECTED AS FOLLOWS:13
238238 (I) I
239239 F THERE ARE THREE INCUMBENT COMMISSIONERS RESIDENT IN14
240240 THREE DISTRICTS ELECTED BY VOTERS OF THE WHOLE COUNTY , SUCH15
241241 COMMISSIONERS SHALL BE SUBJECT TO ELECTION AS FOLLOWS :16
242242 (A) I
243243 F THE FIRST GENERAL ELECTION AFTER THE VOTERS '17
244244 SELECTION OF THE METHOD OF ELECTION SET FORTH IN THIS SUBSECTION18
245245 (4)(a)
246246 IS HELD IN 2036 OR ANY FOURTH YEAR THEREAFTER , TWO19
247247 COMMISSIONERS, ONE RESIDENT IN A DISTRICT AND ONE AT LARGE, SHALL20
248248 BE ELECTED TO FOUR-YEAR TERMS AT SAID ELECTION ; ONE AT-LARGE21
249249 COMMISSIONER SHALL BE ELECTED TO FILL THE TWO -YEAR VACANCY22
250250 UNTIL THE NEXT GENERAL ELECTION ; AND THREE COMMISSIONERS, TWO23
251251 RESIDENT IN DISTRICTS AND ONE AT LARGE , SHALL BE ELECTED TO24
252252 FOUR-YEAR TERMS AT SAID NEXT GENERAL ELECTION . THEREAFTER, TWO25
253253 COMMISSIONERS, ONE RESIDENT IN A DISTRICT AND ONE AT LARGE, SHALL26
254254 BE ELECTED AT THE GENERAL ELECTIONS THAT OCCUR EACH FOUR YEARS27
255255 HB24-1177
256256 -8- AFTER THE FIRST GENERAL ELECTION FOLLOWING THE VOTERS ' SELECTION1
257257 OF THE METHOD OF ELECTION SET FORTH IN THIS SUBSECTION (4)(a), AND2
258258 THREE COMMISSIONERS, TWO RESIDENT IN DISTRICTS AND ONE AT LARGE,3
259259 SHALL BE ELECTED AT THE GENERAL ELECTION THAT OCCURS TWO YEARS4
260260 AFTER THE FIRST GENERAL ELECTION FOLLOWING THE VOTERS ' SELECTION5
261261 OF THE METHOD OF ELECTION SET FORTH IN THIS SUBSECTION (4)(a) AND6
262262 EVERY FOURTH YEAR THEREAFTER .7
263263 (B) I
264264 F THE FIRST GENERAL ELECTION AFTER THE VOTERS '8
265265 SELECTION OF THE METHOD OF ELECTION SET FORTH IN THIS SUBSECTION9
266266 (4)(a)
267267 IS HELD IN 2038 OR ANY FOURTH YEAR THEREAFTER , TWO10
268268 COMMISSIONERS RESIDENT IN DISTRICTS AND ONE AT -LARGE11
269269 COMMISSIONER SHALL BE ELECTED TO FOUR -YEAR TERMS AT SAID12
270270 ELECTION, ONE AT-LARGE COMMISSIONER SHALL BE ELECTED TO FILL THE13
271271 TWO-YEAR VACANCY UNTIL THE NEXT GENERAL ELECTION , AND TWO14
272272 COMMISSIONERS, ONE RESIDENT IN A DISTRICT AND ONE AT LARGE, SHALL15
273273 BE ELECTED TO FOUR-YEAR TERMS AT SAID NEXT GENERAL ELECTION .16
274274 T
275275 HEREAFTER, THREE COMMISSIONERS, TWO RESIDENT IN DISTRICTS AND17
276276 ONE AT LARGE, SHALL BE ELECTED AT THE GENERAL ELECTIONS THAT18
277277 OCCUR EACH FOUR YEARS AFTER THE FIRST GENERAL ELECTION19
278278 FOLLOWING THE VOTERS' SELECTION OF THE METHOD OF ELECTION SET20
279279 FORTH IN THIS SUBSECTION (4)(a), AND TWO COMMISSIONERS , ONE21
280280 RESIDENT IN A DISTRICT AND ONE AT LARGE, SHALL BE ELECTED AT THE22
281281 GENERAL ELECTION THAT OCCURS TWO YEARS AFTER THE FIRST GENERAL23
282282 ELECTION FOLLOWING THE VOTERS ' SELECTION OF THE METHOD OF24
283283 ELECTION SET FORTH IN THIS SUBSECTION (4)(a) AND EVERY FOURTH YEAR25
284284 THEREAFTER.26
285285 (C) P
286286 RIOR TO MARCH 1 OF THE ELECTION YEAR, THE BOARD OF27
287287 HB24-1177
288288 -9- COUNTY COMMISSIONERS SHALL DESIGNATE THE AT -LARGE POSITION1
289289 FROM WHICH A COMMISSIONER IS TO BE ELECTED TO A TWO -YEAR TERM TO2
290290 FILL A VACANCY DESCRIBED IN SUBSECTION (4)(a)(I)(A) OR (4)(a)(I)(B)3
291291 OF THIS SECTION.4
292292 (II) (A) I
293293 F THERE ARE FIVE INCUMBENT COMMISSIONERS RESIDENT5
294294 IN FIVE DISTRICTS, THE BOARD OF COUNTY COMMISSIONERS SHALL6
295295 CHANGE THE BOUNDARIES OF THE COMMISSIONERS ' DISTRICTS TO CREATE7
296296 THREE DISTRICTS IN ACCORDANCE WITH THE REQUIREMENTS OF SECTION8
297297 30-10-306
298298 (2) AND THE COUNTY'S FINAL REDISTRICTING PLAN APPROVED9
299299 IN ACCORDANCE WITH SECTION 30-10-306.4.10
300300 (B) U
301301 PON ADOPTION OF THE BOUNDARIES OF THE THREE DISTRICTS11
302302 PURSUANT TO SUBSECTION (4)(a)(II)(A) OF THIS SECTION, IT SHALL BE12
303303 DECIDED BY LOT WHICH OF THE FIVE INCUMBENT COMMISSIONERS SHALL13
304304 SERVE THE THREE DISTRICTS AND WHICH COMMISSIONERS SHALL SERVE14
305305 THE COUNTY AT LARGE.15
306306 (C) I
307307 F MORE THAN ONE INCUMBENT COMMISSIONER RESIDES16
308308 WITHIN THE BOUNDARIES OF THE SAME NEWLY CREATED DISTRICT , THOSE17
309309 COMMISSIONERS SHALL FIRST DETERMINE BY LOT WHICH OF THEM WILL18
310310 SERVE THAT DISTRICT AND WHICH OF THEM WILL REPRESENT THE COUNTY19
311311 AT LARGE. THE REMAINING COMMISSIONERS SHALL THEN DETERMINE BY20
312312 LOT WHICH OF THEM WILL SERVE THE REMAINING DISTRICTS AND WHICH21
313313 OF THEM WILL SERVE AS THE SECOND COMMISSIONER AT LARGE .22
314314 (D) T
315315 HE COUNTY CLERK AND RECORDER SHALL ESTABLISH THE23
316316 TIME, PLACE, AND MANNER IN WHICH SUCH LOTS SHALL BE CONDUCTED24
317317 AND SHALL DECLARE THE OFFICIAL RESULTS OF SUCH LOTS IMMEDIATELY25
318318 THEREAFTER.26
319319 (E) T
320320 HEREAFTER, THE METHOD OF ELECTION IN SUCH COUNTIES27
321321 HB24-1177
322322 -10- SHALL BE AS PROVIDED IN SUBSECTIONS (4)(a)(I)(A) TO (4)(a)(I)(C) OF1
323323 THIS SECTION.2
324324 (b) F
325325 IVE COMMISSIONERS RESIDENT IN FIVE DISTRICTS ELECTED BY3
326326 VOTERS RESIDENT IN THOSE DISTRICTS. SUCH COMMISSIONERS SHALL BE4
327327 ELECTED AS FOLLOWS:5
328328 (I) (A) I
329329 F THERE ARE THREE INCUMBENT COMMISSIONERS6
330330 RESIDENT IN THREE DISTRICTS, THE BOARD OF COUNTY COMMISSIONERS7
331331 SHALL CHANGE THE BOUNDARIES OF THE COMMISSIONERS ' DISTRICTS TO8
332332 CREATE FIVE DISTRICTS IN ACCORDANCE WITH THE REQUIREMENTS OF9
333333 SECTION 30-10-306 (2) AND THE COUNTY'S FINAL REDISTRICTING PLAN10
334334 APPROVED IN ACCORDANCE WITH SECTION 30-10-306.4.11
335335 (B) U
336336 PON ADOPTION OF THE BOUNDARIES OF THE FIVE DISTRICTS12
337337 PURSUANT TO SUBSECTION (4)(b)(I)(A) OF THIS SECTION, THE THREE13
338338 INCUMBENT COMMISSIONERS SHALL SERVE THE NEWLY CREATED14
339339 DISTRICTS IN WHICH THEY RESIDE.15
340340 (C) I
341341 F MORE THAN ONE INCUMBENT COMMISSIONER RESIDES16
342342 WITHIN THE BOUNDARIES OF THE SAME NEWLY CREATED DISTRICT , THOSE17
343343 COMMISSIONERS SHALL DETERMINE BY LOT WHICH OF THEM WILL SERVE18
344344 THAT DISTRICT. THE REMAINING COMMISSIONERS SHALL THEN DETERMINE19
345345 BY LOT WHICH OF THEM WILL SERVE THE REMAINING DISTRICTS .20
346346 (D) T
347347 HE COUNTY CLERK AND RECORDER SHALL ESTABLISH THE21
348348 TIME, PLACE, AND MANNER IN WHICH SUCH LOTS SHALL BE CONDUCTED22
349349 AND SHALL DECLARE THE OFFICIAL RESULTS OF SUCH LOTS IMMEDIATELY23
350350 THEREAFTER.24
351351 (E) T
352352 HEREAFTER, IF THE FIRST GENERAL ELECTION AFTER THE25
353353 VOTERS' SELECTION OF THE METHOD OF ELECTION SET FORTH IN THIS26
354354 SUBSECTION (4)(b) IS HELD IN 2036 OR ANY FOURTH YEAR THEREAFTER ,27
355355 HB24-1177
356356 -11- TWO MEMBERS RESIDENT IN DISTRICTS SHALL BE ELECTED TO FOUR -YEAR1
357357 TERMS AT SAID GENERAL ELECTION , ONE MEMBER RESIDENT IN DISTRICT2
358358 SHALL BE ELECTED TO FILL THE VACANCY UNTIL THE NEXT GENERAL3
359359 ELECTION, AND THREE MEMBERS RESIDENT IN DISTRICTS SHALL BE4
360360 ELECTED TO FOUR-YEAR TERMS AT SAID NEXT GENERAL ELECTION .5
361361 T
362362 HEREAFTER, TWO MEMBERS RESIDENT IN DISTRICTS SHALL BE ELECTED6
363363 AT THE GENERAL ELECTIONS THAT OCCUR EACH FOUR YEARS AFTER THE7
364364 FIRST GENERAL ELECTION FOLLOWING THE VOTERS ' SELECTION OF THE8
365365 METHOD OF ELECTION SET FORTH IN THIS SUBSECTION (4)(b), AND THREE9
366366 MEMBERS RESIDENT IN DISTRICTS SHALL BE ELECTED AT THE GENERAL10
367367 ELECTION THAT OCCURS TWO YEARS AFTER THE FIRST GENERAL ELECTION11
368368 FOLLOWING THE VOTERS' SELECTION OF THE METHOD OF ELECTION SET12
369369 FORTH IN THIS SUBSECTION (4)(b) AND EVERY FOURTH YEAR THEREAFTER . 13
370370 (F) I
371371 F THE FIRST GENERAL ELECTION AFTER THE VOTERS '14
372372 SELECTION OF THE METHOD OF ELECTION SET FORTH IN THIS SUBSECTION15
373373 (4)(b)
374374 IS HELD IN 2038 OR ANY FOURTH YEAR THEREAFTER , THREE16
375375 MEMBERS RESIDENT IN DISTRICTS SHALL BE ELECTED TO FOUR -YEAR17
376376 TERMS AT SAID ELECTION, ONE MEMBER RESIDENT IN A DISTRICT SHALL BE18
377377 ELECTED TO FILL THE VACANCY UNTIL THE NEXT GENERAL ELECTION , AND19
378378 TWO MEMBERS RESIDENT IN DISTRICTS SHALL BE ELECTED TO FOUR -YEAR20
379379 TERMS AT SAID NEXT GENERAL ELECTION . THEREAFTER, THREE MEMBERS21
380380 RESIDENT IN DISTRICTS SHALL BE ELECTED AT THE GENERAL ELECTIONS22
381381 THAT OCCUR EACH FOUR YEARS AFTER THE FIRST GENERAL ELECTION23
382382 FOLLOWING THE VOTERS' SELECTION OF THE METHOD OF ELECTION SET24
383383 FORTH IN THIS SUBSECTION (4)(b), AND TWO MEMBERS RESIDENT IN25
384384 DISTRICTS SHALL BE ELECTED AT THE GENERAL ELECTION THAT OCCURS26
385385 TWO YEARS AFTER THE FIRST GENERAL ELECTION FOLLOWING THE VOTERS '27
386386 HB24-1177
387387 -12- SELECTION OF THE METHOD OF ELECTION SET FORTH IN THIS SUBSECTION1
388388 (4)(b)
389389 AND EVERY FOURTH YEAR THEREAFTER .2
390390 (G) P
391391 RIOR TO MARCH 1 OF THE ELECTION YEAR, THE BOARD OF3
392392 COUNTY COMMISSIONERS SHALL DESIGNATE THE DISTRICT FROM WHICH A4
393393 COMMISSIONER IS TO BE ELECTED TO A TWO -YEAR TERM TO FILL A5
394394 VACANCY DESCRIBED IN SUBSECTION (4)(b)(I)(E) OR (4)(b)(I)(F) OF THIS6
395395 SECTION.7
396396 (II) I
397397 F THERE ARE FIVE INCUMBENT COMMISSIONERS RESIDENT IN8
398398 FIVE DISTRICTS AND ONE OR MORE COMMISSIONERS IS ELECTED BY VOTERS9
399399 OF THE WHOLE COUNTY , SUCH COMMISSIONERS SHALL BE SUBJECT TO10
400400 ELECTION AS SET FORTH IN SUBSECTIONS (4)(b)(I)(E) TO (4)(b)(I)(G) OF11
401401 THIS SECTION.12
402402 (5) A
403403 LL PROCEEDINGS BY A BOARD OF COUNTY COMMISSIONERS IN13
404404 ELECTING FIVE COUNTY COMMISSIONERS IN A MANNER CONSISTENT WITH14
405405 SUBSECTION (4)(a) OR (4)(b) OF THIS SECTION ARE CONFIRMED AND15
406406 VALIDATED.16
407407 (6) S
408408 UBJECT TO REFERRAL AS PROVIDED IN THIS SUBSECTION (6),17
409409 A BOARD OF COUNTY COMMISSIONERS IN A C OUNTY HAVING A POPULATION18
410410 OF SEVENTY THOUSAND OR MORE MAY PASS A RESOLUTION CHANGING THE19
411411 METHOD OF ELECTING THE MEMBERS OF THE BOARD . THE RESOLUTION20
412412 MUST BE REFERRED TO THE REGISTERED ELECTORS OF THE COUNTY AT A21
413413 GENERAL ELECTION. THE RESOLUTION MUST DESIGNATE THE TWO22
414414 ALTERNATIVE METHODS OF ELECTING FIVE COUNTY COMMISSIONERS SET23
415415 FORTH IN SUBSECTIONS (4)(a) AND (4)(b) OF THIS SECTION. IF A MAJORITY24
416416 OF VOTES ARE CAST IN FAVOR OF THE RESOLUTION, THE BOARD OF COUNTY25
417417 COMMISSIONERS SHALL TAKE SUCH ACTION AS IS NECESSARY TO ENSURE26
418418 THAT COUNTY COMMISSIONERS ARE ELECTED AT THE NEXT GENERAL27
419419 HB24-1177
420420 -13- ELECTION ACCORDING TO THE METHOD OF ELECTION CONTAINED IN THE1
421421 REFERRED RESOLUTION THAT RECEIVED THE LARGEST NUMBER OF VOTES2
422422 CAST.3
423423 (7) (a) I
424424 N THE ALTERNATIVE, A PETITION SIGNED BY AT LEAST4
425425 EIGHT PERCENT OF THE TOTAL NUMBER OF QUALIFIED ELECTORS OF A5
426426 COUNTY VOTING FOR ALL CANDIDATES FOR THE OFFICE OF SECRETARY OF6
427427 STATE AT THE LAST PRECEDING GENERAL ELECTION IS SUFFICIENT TO7
428428 PLACE ON THE BALLOT AT A GENERAL ELECTION THE QUESTION OF8
429429 WHETHER TO CHANGE THE METHOD OF ELECTING FIVE COUNTY9
430430 COMMISSIONERS. SUCH PETITION MUST SPECIFY THE PROPOSED METHOD10
431431 OF ELECTION IN ACCORDANCE WITH SUBSECTION (4)(a) OR (4)(b) OF THIS11
432432 SECTION. SUCH PETITION MUST BE DELIVERED TO THE COUNTY CLERK AND12
433433 RECORDED PRIOR TO THE NINETIETH DAY BEFORE THE NEXT GENERAL13
434434 ELECTION WITH A REQUEST THAT THE QUESTION BE PLACED ON THE14
435435 BALLOT FOR REFERRAL TO THE REGISTERED ELECTORS OF THE COUNTY AT15
436436 SAID NEXT GENERAL ELECTION.16
437437 (b) I
438438 F A MAJORITY OF THE VOTES CAST ARE IN FAVOR OF CHANGING17
439439 THE METHOD OF ELECTION, IN ACCORDANCE WITH SUBSECTION (4)(a) OR18
440440 (4)(b)
441441 OF THIS SECTION, THE BOARD OF COUNTY COMMISSIONERS SHALL19
442442 TAKE SUCH ACTION AS IS NECESSARY TO ENSURE THAT COUNTY20
443443 COMMISSIONERS ARE ELECTED AT THE NEXT GENERAL ELECTION21
444444 ACCORDING TO THE METHOD OF ELECTION SELECTED BY THE VOTERS22
445445 PURSUANT TO THIS SUBSECTION (7).23
446446 SECTION 7. In Colorado Revised Statutes, repeal 30-10-306.724
447447 as follows:25
448448 30-10-306.7. Procedure for electing county commissioners.26
449449 (1) In any county having a population of seventy thousand or more which
450450 27
451451 HB24-1177
452452 -14- has increased the membership of the board of county commissioners to1
453453 five pursuant to sections 1-4-205 (3)(a), C.R.S., and 30-10-306.5, the2
454454 registered electors may, either by referendum or by initiative, change the3
455455 method of electing said members or reduce the membership of the board4
456456 of county commissioners to three, pursuant to the procedures in this5
457457 section.6
458458 (2) (a) In any such county, the method of electing members of the7
459459 board of county commissioners may be changed to any one of the8
460460 following methods:9
461461 (I) Five commissioners resident in five districts, elected by the10
462462 voters of the whole county or elected only by voters resident in the district11
463463 from which the member runs for election. In such case, the procedures for12
464464 election shall be in accordance with section 30-10-306.5 (6). The county13
465465 clerk and recorder shall make any other necessary provision to effectuate14
466466 the change in method of election.15
467467 (II) Three commissioners resident in three districts, elected by the16
468468 voters of the whole county or elected only by voters resident in the district17
469469 from which the member runs for election. In such case, the procedures for18
470470 election shall be in accordance with subsection (5) of this section.19
471471 (III) Five commissioners elected as follows: Three commissioners20
472472 resident in three districts and elected by voters resident in those districts21
473473 and two commissioners elected at large; or three commissioners resident22
474474 in districts and elected by voters of the whole county and two23
475475 commissioners elected at large. In such case, the procedures for election24
476476 shall be in accordance with paragraph (a) of subsection (5) of this section.25
477477 (b) The registered electors of such a county may, either by26
478478 referendum or by initiative, decrease the members of the board of county27
479479 HB24-1177
480480 -15- commissioners from five to three. In such case, the term of office of all1
481481 members serving on the board shall expire at the time the next duly2
482482 elected board takes the oath of office following the first general election3
483483 after the voters' approval of such decrease, and three new members shall4
484484 be elected in accordance with sections 1-4-205 (2), C.R.S., and5
485485 30-10-306. Two seats, as determined by lot, shall be elected for four-year6
486486 terms and the remaining seat shall be elected for a two-year term of office7
487487 in accordance with sections 1-4-205 (2), C.R.S., and 30-10-306. The8
488488 county clerk and recorder shall make any necessary changes to effectuate9
489489 the decrease in membership.10
490490 (3) (a) Subject to referral as provided in this subsection (3), a11
491491 board of county commissioners may pass a resolution decreasing the12
492492 membership of the board, as provided in subsection (2) of this section.13
493493 Prior to the ninetieth day before the next general election, the board of14
494494 county commissioners shall request that the county clerk and recorder15
495495 place the resolution on the ballot for referral to the registered electors of16
496496 the county at the next general election.17
497497 (b) Subject to referral as provided in this subsection (3), a board18
498498 of county commissioners may pass a resolution changing the method of19
499499 electing the members of the board. The resolution shall be referred to the20
500500 registered electors of the county at a general election. If any number of21
501501 the county commissioners are not elected by the voters of the whole22
502502 county when the board of county commissioners passes this resolution,23
503503 then the resolution must designate no fewer than two of the methods of24
504504 election set forth in subsection (2) of this section. If a majority of votes25
505505 cast are in favor of the resolution, the board of county commissioners26
506506 shall take such action as is necessary to ensure that the county27
507507 HB24-1177
508508 -16- commissioners are elected at the next general election according to the1
509509 procedure for election contained in the resolution that received the largest2
510510 number of votes cast.3
511511 (4) In the alternative, a petition signed by at least eight percent of4
512512 the total number of qualified electors of a county voting for all candidates5
513513 for the office of secretary of state at the last preceding general election6
514514 shall be sufficient to place on the ballot at a general election the question7
515515 of whether to change the method of electing members of the board or to8
516516 decrease the membership of the board. In the case of a petition to change9
517517 the method of electing members of the board, such petition shall specify10
518518 the method of election according to subsection (2) of this section. Such11
519519 a petition, shall be delivered to the county clerk and recorder prior to the12
520520 ninetieth day before the next general election with a request that the13
521521 question be placed on the ballot for referral to the registered electors of14
522522 the county at the next general election.15
523523 (5) (a) If a majority of the votes cast on the question are in favor16
524524 of changing the method of electing the five commissioners or providing17
525525 for three commissioners, as provided in subsection (2)(a)(II) or (2)(a)(III)18
526526 of this section, the board of county commissioners shall change the19
527527 boundaries of the commissioner districts so as to create three districts as20
528528 nearly equal in population as possible based on the most recent federal21
529529 census of the United States minus the number of persons serving a22
530530 sentence of detention or confinement in any correctional facility in the23
531531 county as indicated in the statistical report of the department of24
532532 corrections for the most recent fiscal year. The districts must be numbered25
533533 consecutively and are not subject to alteration more often than once every26
534534 two years; except that, notwithstanding section 30-10-306 (3), the board27
535535 HB24-1177
536536 -17- may alter the districts to conform to precinct boundaries that are changed1
537537 in accordance with section 1-5-103 (1), based on the division of the state2
538538 into congressional districts or an approved plan for redistricting of the3
539539 members of the general assembly when necessary to ensure that no4
540540 precinct is located in more than one district. All other provisions of5
541541 sections 1-4-205 (3)(a) and 30-10-306 (2) and (3) relating to the method6
542542 of electing members, as provided in this subsection (5)(a), are applicable;7
543543 except that, when districts are created, such changes must be completed8
544544 by July 1 of the odd-numbered year immediately preceding the general9
545545 election.10
546546 (b) (I) Upon adoption of the boundaries of the three commissioner11
547547 districts pursuant to subsection (2) of this section, it shall be decided by12
548548 lot which of the five presently elected commissioners shall serve each of13
549549 the three commissioner districts and which two commissioners shall serve14
550550 the county at large.15
551551 (II) If more than one presently elected commissioner resides16
552552 within the boundaries of the same newly created commissioner district,17
553553 those commissioners shall first determine by lot which of them will serve18
554554 that district and which of them will represent the county at large. The19
555555 remaining commissioners shall then determine by lot which of them will20
556556 serve the two remaining districts and which of them will serve as the21
557557 second commissioner at large.22
558558 (III) The county clerk and recorder shall establish the time, place,23
559559 and manner in which such lots shall be conducted and shall declare the24
560560 official results of such lots immediately thereafter.25
561561 (c) In the event that the registered electors of a county vote to26
562562 change the method of election pursuant to this subsection (5), the terms27
563563 HB24-1177
564564 -18- of office of the five presently elected commissioners shall not be affected.1
565565 (d) Thereafter, the method of election in such counties shall be as2
566566 provided in sections 1-4-205 (3)(a), C.R.S., and 30-10-306.5 (5).3
567567 (6) Signature requirements governing petitions for a race4
568568 involving a seat on the board of county commissioners for the next four5
569569 calendar years immediately following an election at which the voters have6
570570 approved a decrease in the number of county commissioners from five to7
571571 three under this section are specified in section 1-4-801 (2)(e), C.R.S., for8
572572 major political party candidates, and section 1-4-802 (2), C.R.S., for9
573573 candidates who do not wish to affiliate with a major political party.10
574574 Following the first four calendar years after such a change in the11
575575 membership of the board of county commissioners has been approved by12
576576 the voters, the signature requirements for a petition for a county13
577577 commissioner candidate must follow the procedures specified in section14
578578 1-4-801 (2)(a), C.R.S., for major political party candidates, and section15
579579 1-4-802 (1)(c)(VI), C.R.S., for candidates who do not wish to affiliate16
580580 with a major political party, as applicable.17
581581 SECTION 8. In Colorado Revised Statutes, 1-4-801, amend18
582582 (2)(e) introductory portion, (2)(e)(I), (2)(e)(II) introductory portion,19
583583 (2)(e)(II)(B), and (2)(f) as follows:20
584584 1-4-801. Designation of party candidates by petition. (2) The21
585585 signature requirements for the petition are as follows:22
586586 (e) Where the electors of the county have voted to increase WHEN23
587587 A COUNTY HAVING A POPULATION OF SEVENTY THOUSAND OR MORE24
588588 CHANGES the membership of the board of county commissioners from25
589589 three to five pursuant to section 30-10-306.5, C.R.S., or to decrease the26
590590 membership of the board from five to three pursuant to section27
591591 HB24-1177
592592 -19- 30-10-306.7, C.R.S. MEMBERS TO COMPLY WITH SECTIONS 1-4-205 AND1
593593 30-10-106.5, for the next two primary elections immediately following an2
594594 election at which the voters have approved the change in the membership3
595595 of the board THE CHANGE, the signature requirements for the petition are4
596596 as follows:5
597597 (I) Where any one or more WHEN TWO OF THE FIVE commissioners6
598598 to be elected to the board of county commissioners will be voted on by7
599599 voters of the whole county ELECTED AT LARGE, every petition must8
600600 require signers equal in number to twenty percent THE LESSER OF ONE9
601601 THOUSAND SIGNERS OR A NUMBER OF SIGNERS EQUAL TO TEN PERCENT of10
602602 the average of all votes cast in each commissioner district in the county11
603603 during the prior two contested or uncontested primary elections for the12
604604 political party's candidates in each county commissioner district that held13
605605 a primary election in either of those elections. If no primary election was14
606606 held in either year, the calculation must be based on the most recent15
607607 preceding general election for which the party had a candidate on the16
608608 ballot, and every petition must require signers equal in number to twenty17
609609 percent THE LESSER OF ONE THOUSAND SIGNERS OR A NUMBER OF SIGNERS18
610610 EQUAL TO TEN PERCENT of the average of all votes cast for the political19
611611 party's candidates for commissioner in each commissioner district in20
612612 which the party had a candidate on the ballot.21
613613 (II) Where any one or more WHEN THE FIVE commissioners to be22
614614 elected to the board of county commissioners will be voted on only by the23
615615 electors residing in a particular county commissioner district, the24
616616 determination of the required number of signers must begin with a25
617617 calculation of the average of all votes cast in each commissioner district26
618618 in the county during the prior two contested or uncontested primary27
619619 HB24-1177
620620 -20- elections for the political party's candidates in the county commissioner1
621621 districts that held a primary election in either of those elections. Upon a2
622622 determination of the average, that number must then be divided by the3
623623 total number of commissioner districts in the county where4
624624 commissioners are voted on only by the electors residing in the district,5
625625 whether three,
626626 FOUR, or five. After completing this calculation, every6
627627 petition must require signers equal in number to twenty percent
628628 THE7
629629 LESSER OF ONE THOUSAND SIGNERS OR A NUMBER OF SIGNERS EQUAL TO8
630630 TEN PERCENT of the number realized. If no primary election was held in9
631631 either year, the calculation must be based on the most recent preceding10
632632 general election for which the party had a candidate on the ballot, and11
633633 every petition must require signers equal in number to the following12
634634 calculation:13
635635 (B) Divide the number found in sub-subparagraph (A) of this14
636636 subparagraph (II) SUBSECTION (2)(e)(II)(A) OF THIS SECTION by the total15
637637 number of commissioner districts in the county where commissioners are16
638638 voted on only by the electors residing in the district, whether three,
639639 FOUR,17
640640 or five.18
641641 (f) Following the first two primary elections that are conducted19
642642 after a change in the membership of the board of county commissioners20
643643 pursuant to section 30-10-306.5 or 30-10-306.7, C.R.S.
644644 TO COMPLY WITH21
645645 SECTIONS 1-4-205 AND 30-10-306.5, in accordance with the requirements22
646646 of paragraph (e) of this subsection (2) SUBSECTION (2)(e) OF THIS23
647647 SECTION, the signature requirements for a petition for a county24
648648 commissioner candidate who is affiliated with a major political party25
649649 must follow the procedures specified in paragraph (a) of this subsection26
650650 (2) SUBSECTION (2)(a) OF THIS SECTION.27
651651 HB24-1177
652652 -21- SECTION 9. In Colorado Revised Statutes, 1-4-802, amend (2)1
653653 introductory portion, (2)(a), (2)(b) introductory portion, (2)(b)(II), and (3)2
654654 as follows:3
655655 1-4-802. Petitions for nominating minor political party and4
656656 unaffiliated candidates for a partisan office. (2) Where the electors of5
657657 the county have voted to increase WHEN A COUNTY HAVING A6
658658 POPULATION OF SEVENTY THOUSAND OR MORE CHANGES the membership7
659659 of the board of county commissioners from three to five pursuant to8
660660 section 30-10-306.5, C.R.S., or to decrease the membership of the board9
661661 from five to three pursuant to section 30-10-306.7, C.R.S. MEMBERS TO10
662662 COMPLY WITH SECTIONS 1-4-205 AND 30-10-306.5, for the next two11
663663 general elections immediately following an election at which the voters12
664664 have approved a change in the membership of the board THE CHANGE, the13
665665 signature requirements for the petition to select candidates who do not14
666666 wish to affiliate with a major political party are as follows:15
667667 (a) Where any one or more WHEN TWO OF THE FIVE16
668668 commissioners to be elected to the board of county commissioners will17
669669 be voted on by voters of the whole county ELECTED AT LARGE, every18
670670 petition must require signers equal in number to the lesser of either seven19
671671 hundred fifty signers or two percent of the average of all votes cast in20
672672 each county commissioner district for which there was a race on the ballot21
673673 during the most recent general election;22
674674 (b) Where any one or more WHEN FIVE commissioners to be23
675675 elected to the board of county commissioners will be voted on only by the24
676676 electors residing in a particular county commissioner district, every25
677677 petition must require signers equal in number to the lesser of either:26
678678 (II) The number realized by first determining two percent of the27
679679 HB24-1177
680680 -22- average of all votes cast in each county commissioner district for which1
681681 there was a race on the ballot during the most recent general election, and2
682682 then dividing that number by the total number of commissioner districts3
683683 in the county where commissioners are voted on only by the electors4
684684 residing in a district, whether three,
685685 FOUR, or five.5
686686 (3) Following the first two general elections that are conducted6
687687 after a change in the membership of the board of county commissioners7
688688 pursuant to section 30-10-306.5 or 30-10-306.7, C.R.S.
689689 TO COMPLY WITH8
690690 SECTIONS 1-4-205 AND 30-10-306.5, the signature requirements for a9
691691 petition for a county commissioner candidate who does not wish to10
692692 affiliate with a major political party must follow the procedures specified11
693693 in subparagraph (VI) of paragraph (c) of subsection (1) of this section12
694694 SUBSECTION (1)(c)(VII) OF THIS SECTION.13
695695 SECTION 10. Act subject to petition - effective date. This act14
696696 takes effect at 12:01 a.m. on the day following the expiration of the15
697697 ninety-day period after final adjournment of the general assembly; except16
698698 that, if a referendum petition is filed pursuant to section 1 (3) of article V17
699699 of the state constitution against this act or an item, section, or part of this18
700700 act within such period, then the act, item, section, or part will not take19
701701 effect unless approved by the people at the general election to be held in20
702702 November 2024 and, in such case, will take effect on the date of the21
703703 official declaration of the vote thereon by the governor.22
704704 HB24-1177
705705 -23-