Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 24-0301.02 Alison Killen x4350
HOUSE BILL 24-1177
House Committees Senate Committees
State, Civic, Military, & Veterans Affairs
A BILL FOR AN ACT
C
ONCERNING THE MODIFICATI ON OF COUNTY COMMISSIONER101
ELECTIONS IN COUNTIES WITH POPULATIONS OF SEVENTY102
THOUSAND OR MORE , AND, IN CONNECTION THEREWITH ,103
REQUIRING SUCH COUNTIES TO HAVE FIVE COMMISSIONERS , AT104
LEAST THREE OF WHOM ARE ELECTED ONLY BY VOTERS105
RESIDENT IN THE DISTRICT FROM WHICH THE COMMISSIONER106
RUNS FOR ELECTION.107
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
.)
HOUSE SPONSORSHIP
Marshall,
SENATE SPONSORSHIP
Priola,
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. Currently, in a county with a population of 70,000 or more, the
board of county commissioners (board) may consist of 3 commissioners
from 3 districts, with one commissioner elected from each district by
voters of the whole county. Alternatively, the board may consist of 5
commissioners, the county may be divided into 3 or 5 districts, and the
commissioners may be elected pursuant to one of 10 alternative methods.
The bill eliminates this discretionary system and instead requires
that all counties with a population of 70,000 or more have 5
commissioners, with at least 3 commissioners elected only by voters
resident in the district from which each commissioner runs for election.
The bill allows the counties to choose between 2 election alternatives:
! 3 commissioners resident in 3 districts elected by voters
resident in those districts and 2 commissioners elected at
large; or
! 5 commissioners resident in 5 districts elected only by
voters resident in those districts.
The bill makes conforming amendments to statutory provisions
concerning commissioner districts and election petition statutes. The bill
does not affect counties that have adopted home rule.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. Short title. The short title of this act is the "County2
Government Modernization Act".3
SECTION 2. Legislative declaration. (1) The general assembly4
hereby finds and declares that:5
(a) It is of statewide interest that voters in every Colorado county6
are empowered to elect commissioners who reflect their communities7
within the county and will be responsive and accountable to them;8
(b) This statewide interest in voter empowerment and responsive,9
accountable government requires changes to the current permissive10
system for electing county commissioners in Colorado's largest counties;11
(c) A county with a population of seventy thousand or more is12
likely to have more numerous and diverse communities of interest than13
a county with a population of less than seventy thousand;14
HB24-1177-2- (d) While counties with populations of less than seventy thousand1
may be adequately represented by three commissioners, counties with2
populations of seventy thousand or more require greater and more diverse3
representation;4
(e) Requiring all counties with populations of seventy thousand5
or more to have five commissioners will maximize the opportunity for6
voters in Colorado's largest counties to elect representatives who are7
reflective of and responsive to their interests and concerns; and8
(f) Requiring at least three of the five commissioners to be elected9
only by voters resident in the district from which the commissioner runs10
for election will also further responsiveness and accountability and guard11
against the silencing of minority perspectives.12
SECTION 3. In Colorado Revised Statutes, 1-4-205, amend (3)13
as follows:14
1-4-205. County commissioners. (3) (a) In each county having15
a population of seventy thousand or more, the board of county16
commissioners may consist either of three members, any two of whom17
shall constitute a quorum for the transaction of business, or of five18
members CONSISTS OF FIVE COMMISSIONERS , any three of whom shall19
constitute a quorum for the transaction of business. T
HE FIVE COUNTY20
COMMISSIONERS MUST BE ELECTED AS PROVIDED IN SECTION 30-10-306.521
(4)(a)
OR (4)(b).22
(b) If the board consists of three commissioners, they shall be
23
elected as provided in subsection (2) of this section and as provided in24
section 30-10-306.7 (5), C.R.S.25
(c) In any county having a population of seventy thousand or26
more, the membership of the board of county commissioners may be27
HB24-1177
-3- increased from three to five members pursuant to section 30-10-306.5,1
C.R.S., or decreased from five to three members pursuant to section2
30-10-306.7 (2)(a)(II), C.R.S.3
SECTION 4. In Colorado Revised Statutes, 30-10-306, amend4
(1) and (2) as follows:5
30-10-306. Commissioners' districts - vacancies - definitions. 6
(1) Each county
HAVING A POPULATION OF LESS THAN SEVENTY7
THOUSAND must be divided into three compact districts by the board of8
county commissioners. Each district must be as nearly equal in population9
as possible based on the redistricting population data prepared by staff of10
the legislative council and office of legislative legal services, or any11
successor offices, in accordance with section 2-2-902. In no event shall
12
There
SHALL NOT be more than five percent deviation between the most13
populous and the least populous district in each county at the time such
14
district boundaries are adopted. Each district must be numbered15
consecutively and must not be subject to alteration more often than once16
every two years. One county commissioner must be elected from each of17
such districts by the voters of the whole county. If any county18
commissioner, during his or her term of office, moves from the district in19
which he or she resided when elected, his or her office thereupon20
becomes vacant. All proceedings by the board of county commissioners21
in formation of such districts not inconsistent with this section are22
confirmed and validated.23
(2) Each county having a population of seventy thousand or more24
that has chosen to increase the members of the board of county25
commissioners from three to five must be divided into three or five26
districts by the board of county commissioners according to the method27
HB24-1177
-4- of election described in section 30-10-306.5 (5) or (6) or section1
30-10-306.7. When applicable SECTION 30-10-306.5 (4)(a) OR (4)(b). The2
board of county commissioners shall divide the county into districts in3
accordance with the final redistricting plan approved in accordance with4
section 30-10-306.4. The districts must be as nearly equal in population5
as possible based on the redistricting population data prepared by staff of6
the legislative council and office of legislative legal services, or any7
successor offices, in accordance with section 2-2-902. In no event shall8
There
SHALL NOT be more than five percent deviation between the most9
populous and the least populous district in each county at the time such
10
district boundaries are adopted. Each district must be numbered11
consecutively and is not subject to alteration more often than once every12
two years; except that, notwithstanding subsection (3) of this section, the13
board may alter the districts to conform to precinct boundaries that are14
changed in accordance with section 1-5-103 (1), based on the division of15
the state into congressional districts or an approved plan for redistricting16
of the members of the general assembly when necessary to ensure that no17
precinct is located in more than one district. County commissioners are18
elected at large or from districts according to the method of election19
described in section 30-10-306.5 (5) or (6) or section 30-10-306.720
SECTION 30-10-306.5 (4)(a) OR (4)(b). If any county commissioner21
required to be resident in a district moves during his or her term of office22
from the district in which he or she resided when elected, his or her office23
thereupon becomes vacant. All proceedings by the board of county24
commissioners in formation of such districts not inconsistent with this25
section are confirmed and validated.26
SECTION 5. In Colorado Revised Statutes, 30-10-306.1, amend27
HB24-1177
-5- (1) as follows:1
30-10-306.1. Commission created - commission composition2
and appointment. (1) The board of county commissioners in each of the3
following counties COUNTY HAVING A POPULATION OF SEVENTY4
THOUSAND OR MORE must designate a county commissioner district5
redistricting commission, and are IS encouraged to convene an6
independent county commissioner district redistricting commission, in7
order to adopt a plan to divide the relevant county into as many districts8
as there are county commissioners elected by voters of their district.9
(a) Counties that have any number of their county commissioners10
not elected by the voters of the whole county;11
(b) Counties that have any number of their county commissioners12
not elected by the voters of the whole county that change the number of13
county commissioners in the county; and14
(c) Counties that have all of their county commissioners elected15
by the voters of the whole county that then elect to have any number of16
their county commissioners not elected by the voters of the whole county.17
SECTION 6. In Colorado Revised Statutes, repeal and reenact,18
with amendments, 30-10-306.5 as follows:19
30-10-306.5. Requirement for five county commissioners -20
elections - redistricting. (1) I
N ANY COUNTY HAVING A POPULATION OF21
SEVENTY THOUSAND OR MORE , THE MEMBERSHIP OF THE BOARD OF22
COUNTY COMMISSIONERS CONSISTS OF FIVE MEMBERS ELECTED PURSUANT23
TO THIS SECTION.24
(2) I
F, ON OR AFTER JANUARY 1, 2032, A COUNTY HAVING A25
POPULATION OF SEVENTY THOUSAND OR MORE HAS LESS THAN FIVE26
COUNTY COMMISSIONERS, THE BOARD OF COUNTY COMMISSIONERS SHALL27
HB24-1177
-6- ADOPT A RESOLUTION CHANGING ITS MEMBERSHIP TO FIVE MEMBERS . THE1
BOARD OF COUNTY COMMISSIONERS SHALL PASS THE RESOLUTION NO2
LATER THAN ITS FIRST REGULARLY SCHEDULED MEETING IN THE3
CALENDAR YEAR 2032 OR ITS FIRST REGULARLY SCHEDULED MEETING IN4
THE MONTH FOLLOWING AN INCREASE IN THE COUNTY 'S POPULATION, AS5
DEFINED IN SECTION 30-10-306 (6)(f), TO SEVENTY THOUSAND OR MORE .6
(3) (a) I
N ANY COUNTY HAVING A POPULATION OF SEVENTY7
THOUSAND OR MORE, THE BOARD OF COUNTY COMMISSIONERS SHALL PASS8
A RESOLUTION DESIGNATING THE TWO ALTERNATIVE METHODS OF9
ELECTING FIVE COUNTY COMMISSIONERS SET FORTH IN SUBSECTIONS (4)(a)10
AND (4)(b) OF THIS SECTION. THE BOARD OF COUNTY COMMISSIONERS11
SHALL ADOPT THE RESOLUTION NO LATER THAN ITS FIRST REGULARLY12
SCHEDULED MEETING IN THE CALENDAR YEAR 2032 OR ITS FIRST13
REGULARLY SCHEDULED MEETING IN THE MONTH FOLLOWING AN14
INCREASE IN THE COUNTY 'S POPULATION, AS DEFINED IN SECTION15
30-10-306 (6)(f),
TO SEVENTY THOUSAND OR MORE .16
(b) T
HE RESOLUTION REQUIRED BY SUBSECTION (3)(a) OF THIS17
SECTION SHALL BE REFERRED TO THE REGISTERED ELECTORS OF THE18
COUNTY AT THE FIRST GENERAL ELECTION FOLLOWING ITS ADOPTION SO19
THAT THE VOTERS MAY CHOOSE WHICH OF THE TWO ALTERNATIVE20
METHODS OF ELECTING FIVE COUNTY COMMISSIONERS THEY PREFER .21
T
HEREAFTER, THE BOARD OF COUNTY COMMISSIONERS SHALL TAKE SUCH22
ACTION AS IS NECESSARY TO ENSURE THAT COUNTY COMMISSIONERS ARE23
ELECTED AT THE NEXT GENERAL ELECTION ACCORDING TO THE METHOD24
OF ELECTION CONTAINED IN THE REFERRED RESOLUTION THAT RECEIVED25
THE LARGEST NUMBER OF VOTES CAST .26
(c) A
COUNTY HAVING A POPULATION OF SEVENTY THOUSAND OR27
HB24-1177
-7- MORE THAT PRESENTLY ELECTS FIVE COUNTY COMMISSIONERS IS NOT1
REQUIRED TO PASS THE RESOLUTION OTHERWISE REQUIRED BY2
SUBSECTION (3)(a) OF THIS SECTION BUT IS REQUIRED TO ELECT FIVE3
COUNTY COMMISSIONERS IN A MANNER CONSISTENT WITH SUBSECTION4
(4)(a)
OR (4)(b) OF THIS SECTION AS PROVIDED IN SUBSECTION (6) OR (7)5
OF THIS SECTION.6
(4) I
N ANY COUNTY HAVING A POPULATION OF SEVENTY7
THOUSAND OR MORE , THE FIVE MEMBERS OF THE BOARD OF COUNTY8
COMMISSIONERS MUST BE ELECTED BY ONE OF THE FOLLOWING METHODS :9
(a) T
HREE COMMISSIONERS RESIDENT IN THREE DISTRICTS AND10
ELECTED BY VOTERS RESIDENT IN THOSE DISTRICTS AND TWO11
COMMISSIONERS ELECTED AT LARGE . SUCH COMMISSIONERS SHALL BE12
ELECTED AS FOLLOWS:13
(I) I
F THERE ARE THREE INCUMBENT COMMISSIONERS RESIDENT IN14
THREE DISTRICTS ELECTED BY VOTERS OF THE WHOLE COUNTY , SUCH15
COMMISSIONERS SHALL BE SUBJECT TO ELECTION AS FOLLOWS :16
(A) I
F THE FIRST GENERAL ELECTION AFTER THE VOTERS '17
SELECTION OF THE METHOD OF ELECTION SET FORTH IN THIS SUBSECTION18
(4)(a)
IS HELD IN 2036 OR ANY FOURTH YEAR THEREAFTER , TWO19
COMMISSIONERS, ONE RESIDENT IN A DISTRICT AND ONE AT LARGE, SHALL20
BE ELECTED TO FOUR-YEAR TERMS AT SAID ELECTION ; ONE AT-LARGE21
COMMISSIONER SHALL BE ELECTED TO FILL THE TWO -YEAR VACANCY22
UNTIL THE NEXT GENERAL ELECTION ; AND THREE COMMISSIONERS, TWO23
RESIDENT IN DISTRICTS AND ONE AT LARGE , SHALL BE ELECTED TO24
FOUR-YEAR TERMS AT SAID NEXT GENERAL ELECTION . THEREAFTER, TWO25
COMMISSIONERS, ONE RESIDENT IN A DISTRICT AND ONE AT LARGE, SHALL26
BE ELECTED AT THE GENERAL ELECTIONS THAT OCCUR EACH FOUR YEARS27
HB24-1177
-8- AFTER THE FIRST GENERAL ELECTION FOLLOWING THE VOTERS ' SELECTION1
OF THE METHOD OF ELECTION SET FORTH IN THIS SUBSECTION (4)(a), AND2
THREE COMMISSIONERS, TWO RESIDENT IN DISTRICTS AND ONE AT LARGE,3
SHALL BE ELECTED AT THE GENERAL ELECTION THAT OCCURS TWO YEARS4
AFTER THE FIRST GENERAL ELECTION FOLLOWING THE VOTERS ' SELECTION5
OF THE METHOD OF ELECTION SET FORTH IN THIS SUBSECTION (4)(a) AND6
EVERY FOURTH YEAR THEREAFTER .7
(B) I
F THE FIRST GENERAL ELECTION AFTER THE VOTERS '8
SELECTION OF THE METHOD OF ELECTION SET FORTH IN THIS SUBSECTION9
(4)(a)
IS HELD IN 2038 OR ANY FOURTH YEAR THEREAFTER , TWO10
COMMISSIONERS RESIDENT IN DISTRICTS AND ONE AT -LARGE11
COMMISSIONER SHALL BE ELECTED TO FOUR -YEAR TERMS AT SAID12
ELECTION, ONE AT-LARGE COMMISSIONER SHALL BE ELECTED TO FILL THE13
TWO-YEAR VACANCY UNTIL THE NEXT GENERAL ELECTION , AND TWO14
COMMISSIONERS, ONE RESIDENT IN A DISTRICT AND ONE AT LARGE, SHALL15
BE ELECTED TO FOUR-YEAR TERMS AT SAID NEXT GENERAL ELECTION .16
T
HEREAFTER, THREE COMMISSIONERS, TWO RESIDENT IN DISTRICTS AND17
ONE AT LARGE, SHALL BE ELECTED AT THE GENERAL ELECTIONS THAT18
OCCUR EACH FOUR YEARS AFTER THE FIRST GENERAL ELECTION19
FOLLOWING THE VOTERS' SELECTION OF THE METHOD OF ELECTION SET20
FORTH IN THIS SUBSECTION (4)(a), AND TWO COMMISSIONERS , ONE21
RESIDENT IN A DISTRICT AND ONE AT LARGE, SHALL BE ELECTED AT THE22
GENERAL ELECTION THAT OCCURS TWO YEARS AFTER THE FIRST GENERAL23
ELECTION FOLLOWING THE VOTERS ' SELECTION OF THE METHOD OF24
ELECTION SET FORTH IN THIS SUBSECTION (4)(a) AND EVERY FOURTH YEAR25
THEREAFTER.26
(C) P
RIOR TO MARCH 1 OF THE ELECTION YEAR, THE BOARD OF27
HB24-1177
-9- COUNTY COMMISSIONERS SHALL DESIGNATE THE AT -LARGE POSITION1
FROM WHICH A COMMISSIONER IS TO BE ELECTED TO A TWO -YEAR TERM TO2
FILL A VACANCY DESCRIBED IN SUBSECTION (4)(a)(I)(A) OR (4)(a)(I)(B)3
OF THIS SECTION.4
(II) (A) I
F THERE ARE FIVE INCUMBENT COMMISSIONERS RESIDENT5
IN FIVE DISTRICTS, THE BOARD OF COUNTY COMMISSIONERS SHALL6
CHANGE THE BOUNDARIES OF THE COMMISSIONERS ' DISTRICTS TO CREATE7
THREE DISTRICTS IN ACCORDANCE WITH THE REQUIREMENTS OF SECTION8
30-10-306
(2) AND THE COUNTY'S FINAL REDISTRICTING PLAN APPROVED9
IN ACCORDANCE WITH SECTION 30-10-306.4.10
(B) U
PON ADOPTION OF THE BOUNDARIES OF THE THREE DISTRICTS11
PURSUANT TO SUBSECTION (4)(a)(II)(A) OF THIS SECTION, IT SHALL BE12
DECIDED BY LOT WHICH OF THE FIVE INCUMBENT COMMISSIONERS SHALL13
SERVE THE THREE DISTRICTS AND WHICH COMMISSIONERS SHALL SERVE14
THE COUNTY AT LARGE.15
(C) I
F MORE THAN ONE INCUMBENT COMMISSIONER RESIDES16
WITHIN THE BOUNDARIES OF THE SAME NEWLY CREATED DISTRICT , THOSE17
COMMISSIONERS SHALL FIRST DETERMINE BY LOT WHICH OF THEM WILL18
SERVE THAT DISTRICT AND WHICH OF THEM WILL REPRESENT THE COUNTY19
AT LARGE. THE REMAINING COMMISSIONERS SHALL THEN DETERMINE BY20
LOT WHICH OF THEM WILL SERVE THE REMAINING DISTRICTS AND WHICH21
OF THEM WILL SERVE AS THE SECOND COMMISSIONER AT LARGE .22
(D) T
HE COUNTY CLERK AND RECORDER SHALL ESTABLISH THE23
TIME, PLACE, AND MANNER IN WHICH SUCH LOTS SHALL BE CONDUCTED24
AND SHALL DECLARE THE OFFICIAL RESULTS OF SUCH LOTS IMMEDIATELY25
THEREAFTER.26
(E) T
HEREAFTER, THE METHOD OF ELECTION IN SUCH COUNTIES27
HB24-1177
-10- SHALL BE AS PROVIDED IN SUBSECTIONS (4)(a)(I)(A) TO (4)(a)(I)(C) OF1
THIS SECTION.2
(b) F
IVE COMMISSIONERS RESIDENT IN FIVE DISTRICTS ELECTED BY3
VOTERS RESIDENT IN THOSE DISTRICTS. SUCH COMMISSIONERS SHALL BE4
ELECTED AS FOLLOWS:5
(I) (A) I
F THERE ARE THREE INCUMBENT COMMISSIONERS6
RESIDENT IN THREE DISTRICTS, THE BOARD OF COUNTY COMMISSIONERS7
SHALL CHANGE THE BOUNDARIES OF THE COMMISSIONERS ' DISTRICTS TO8
CREATE FIVE DISTRICTS IN ACCORDANCE WITH THE REQUIREMENTS OF9
SECTION 30-10-306 (2) AND THE COUNTY'S FINAL REDISTRICTING PLAN10
APPROVED IN ACCORDANCE WITH SECTION 30-10-306.4.11
(B) U
PON ADOPTION OF THE BOUNDARIES OF THE FIVE DISTRICTS12
PURSUANT TO SUBSECTION (4)(b)(I)(A) OF THIS SECTION, THE THREE13
INCUMBENT COMMISSIONERS SHALL SERVE THE NEWLY CREATED14
DISTRICTS IN WHICH THEY RESIDE.15
(C) I
F MORE THAN ONE INCUMBENT COMMISSIONER RESIDES16
WITHIN THE BOUNDARIES OF THE SAME NEWLY CREATED DISTRICT , THOSE17
COMMISSIONERS SHALL DETERMINE BY LOT WHICH OF THEM WILL SERVE18
THAT DISTRICT. THE REMAINING COMMISSIONERS SHALL THEN DETERMINE19
BY LOT WHICH OF THEM WILL SERVE THE REMAINING DISTRICTS .20
(D) T
HE COUNTY CLERK AND RECORDER SHALL ESTABLISH THE21
TIME, PLACE, AND MANNER IN WHICH SUCH LOTS SHALL BE CONDUCTED22
AND SHALL DECLARE THE OFFICIAL RESULTS OF SUCH LOTS IMMEDIATELY23
THEREAFTER.24
(E) T
HEREAFTER, IF THE FIRST GENERAL ELECTION AFTER THE25
VOTERS' SELECTION OF THE METHOD OF ELECTION SET FORTH IN THIS26
SUBSECTION (4)(b) IS HELD IN 2036 OR ANY FOURTH YEAR THEREAFTER ,27
HB24-1177
-11- TWO MEMBERS RESIDENT IN DISTRICTS SHALL BE ELECTED TO FOUR -YEAR1
TERMS AT SAID GENERAL ELECTION , ONE MEMBER RESIDENT IN DISTRICT2
SHALL BE ELECTED TO FILL THE VACANCY UNTIL THE NEXT GENERAL3
ELECTION, AND THREE MEMBERS RESIDENT IN DISTRICTS SHALL BE4
ELECTED TO FOUR-YEAR TERMS AT SAID NEXT GENERAL ELECTION .5
T
HEREAFTER, TWO MEMBERS RESIDENT IN DISTRICTS SHALL BE ELECTED6
AT THE GENERAL ELECTIONS THAT OCCUR EACH FOUR YEARS AFTER THE7
FIRST GENERAL ELECTION FOLLOWING THE VOTERS ' SELECTION OF THE8
METHOD OF ELECTION SET FORTH IN THIS SUBSECTION (4)(b), AND THREE9
MEMBERS RESIDENT IN DISTRICTS SHALL BE ELECTED AT THE GENERAL10
ELECTION THAT OCCURS TWO YEARS AFTER THE FIRST GENERAL ELECTION11
FOLLOWING THE VOTERS' SELECTION OF THE METHOD OF ELECTION SET12
FORTH IN THIS SUBSECTION (4)(b) AND EVERY FOURTH YEAR THEREAFTER . 13
(F) I
F THE FIRST GENERAL ELECTION AFTER THE VOTERS '14
SELECTION OF THE METHOD OF ELECTION SET FORTH IN THIS SUBSECTION15
(4)(b)
IS HELD IN 2038 OR ANY FOURTH YEAR THEREAFTER , THREE16
MEMBERS RESIDENT IN DISTRICTS SHALL BE ELECTED TO FOUR -YEAR17
TERMS AT SAID ELECTION, ONE MEMBER RESIDENT IN A DISTRICT SHALL BE18
ELECTED TO FILL THE VACANCY UNTIL THE NEXT GENERAL ELECTION , AND19
TWO MEMBERS RESIDENT IN DISTRICTS SHALL BE ELECTED TO FOUR -YEAR20
TERMS AT SAID NEXT GENERAL ELECTION . THEREAFTER, THREE MEMBERS21
RESIDENT IN DISTRICTS SHALL BE ELECTED AT THE GENERAL ELECTIONS22
THAT OCCUR EACH FOUR YEARS AFTER THE FIRST GENERAL ELECTION23
FOLLOWING THE VOTERS' SELECTION OF THE METHOD OF ELECTION SET24
FORTH IN THIS SUBSECTION (4)(b), AND TWO MEMBERS RESIDENT IN25
DISTRICTS SHALL BE ELECTED AT THE GENERAL ELECTION THAT OCCURS26
TWO YEARS AFTER THE FIRST GENERAL ELECTION FOLLOWING THE VOTERS '27
HB24-1177
-12- SELECTION OF THE METHOD OF ELECTION SET FORTH IN THIS SUBSECTION1
(4)(b)
AND EVERY FOURTH YEAR THEREAFTER .2
(G) P
RIOR TO MARCH 1 OF THE ELECTION YEAR, THE BOARD OF3
COUNTY COMMISSIONERS SHALL DESIGNATE THE DISTRICT FROM WHICH A4
COMMISSIONER IS TO BE ELECTED TO A TWO -YEAR TERM TO FILL A5
VACANCY DESCRIBED IN SUBSECTION (4)(b)(I)(E) OR (4)(b)(I)(F) OF THIS6
SECTION.7
(II) I
F THERE ARE FIVE INCUMBENT COMMISSIONERS RESIDENT IN8
FIVE DISTRICTS AND ONE OR MORE COMMISSIONERS IS ELECTED BY VOTERS9
OF THE WHOLE COUNTY , SUCH COMMISSIONERS SHALL BE SUBJECT TO10
ELECTION AS SET FORTH IN SUBSECTIONS (4)(b)(I)(E) TO (4)(b)(I)(G) OF11
THIS SECTION.12
(5) A
LL PROCEEDINGS BY A BOARD OF COUNTY COMMISSIONERS IN13
ELECTING FIVE COUNTY COMMISSIONERS IN A MANNER CONSISTENT WITH14
SUBSECTION (4)(a) OR (4)(b) OF THIS SECTION ARE CONFIRMED AND15
VALIDATED.16
(6) S
UBJECT TO REFERRAL AS PROVIDED IN THIS SUBSECTION (6),17
A BOARD OF COUNTY COMMISSIONERS IN A C OUNTY HAVING A POPULATION18
OF SEVENTY THOUSAND OR MORE MAY PASS A RESOLUTION CHANGING THE19
METHOD OF ELECTING THE MEMBERS OF THE BOARD . THE RESOLUTION20
MUST BE REFERRED TO THE REGISTERED ELECTORS OF THE COUNTY AT A21
GENERAL ELECTION. THE RESOLUTION MUST DESIGNATE THE TWO22
ALTERNATIVE METHODS OF ELECTING FIVE COUNTY COMMISSIONERS SET23
FORTH IN SUBSECTIONS (4)(a) AND (4)(b) OF THIS SECTION. IF A MAJORITY24
OF VOTES ARE CAST IN FAVOR OF THE RESOLUTION, THE BOARD OF COUNTY25
COMMISSIONERS SHALL TAKE SUCH ACTION AS IS NECESSARY TO ENSURE26
THAT COUNTY COMMISSIONERS ARE ELECTED AT THE NEXT GENERAL27
HB24-1177
-13- ELECTION ACCORDING TO THE METHOD OF ELECTION CONTAINED IN THE1
REFERRED RESOLUTION THAT RECEIVED THE LARGEST NUMBER OF VOTES2
CAST.3
(7) (a) I
N THE ALTERNATIVE, A PETITION SIGNED BY AT LEAST4
EIGHT PERCENT OF THE TOTAL NUMBER OF QUALIFIED ELECTORS OF A5
COUNTY VOTING FOR ALL CANDIDATES FOR THE OFFICE OF SECRETARY OF6
STATE AT THE LAST PRECEDING GENERAL ELECTION IS SUFFICIENT TO7
PLACE ON THE BALLOT AT A GENERAL ELECTION THE QUESTION OF8
WHETHER TO CHANGE THE METHOD OF ELECTING FIVE COUNTY9
COMMISSIONERS. SUCH PETITION MUST SPECIFY THE PROPOSED METHOD10
OF ELECTION IN ACCORDANCE WITH SUBSECTION (4)(a) OR (4)(b) OF THIS11
SECTION. SUCH PETITION MUST BE DELIVERED TO THE COUNTY CLERK AND12
RECORDED PRIOR TO THE NINETIETH DAY BEFORE THE NEXT GENERAL13
ELECTION WITH A REQUEST THAT THE QUESTION BE PLACED ON THE14
BALLOT FOR REFERRAL TO THE REGISTERED ELECTORS OF THE COUNTY AT15
SAID NEXT GENERAL ELECTION.16
(b) I
F A MAJORITY OF THE VOTES CAST ARE IN FAVOR OF CHANGING17
THE METHOD OF ELECTION, IN ACCORDANCE WITH SUBSECTION (4)(a) OR18
(4)(b)
OF THIS SECTION, THE BOARD OF COUNTY COMMISSIONERS SHALL19
TAKE SUCH ACTION AS IS NECESSARY TO ENSURE THAT COUNTY20
COMMISSIONERS ARE ELECTED AT THE NEXT GENERAL ELECTION21
ACCORDING TO THE METHOD OF ELECTION SELECTED BY THE VOTERS22
PURSUANT TO THIS SUBSECTION (7).23
SECTION 7. In Colorado Revised Statutes, repeal 30-10-306.724
as follows:25
30-10-306.7. Procedure for electing county commissioners.26
(1) In any county having a population of seventy thousand or more which
27
HB24-1177
-14- has increased the membership of the board of county commissioners to1
five pursuant to sections 1-4-205 (3)(a), C.R.S., and 30-10-306.5, the2
registered electors may, either by referendum or by initiative, change the3
method of electing said members or reduce the membership of the board4
of county commissioners to three, pursuant to the procedures in this5
section.6
(2) (a) In any such county, the method of electing members of the7
board of county commissioners may be changed to any one of the8
following methods:9
(I) Five commissioners resident in five districts, elected by the10
voters of the whole county or elected only by voters resident in the district11
from which the member runs for election. In such case, the procedures for12
election shall be in accordance with section 30-10-306.5 (6). The county13
clerk and recorder shall make any other necessary provision to effectuate14
the change in method of election.15
(II) Three commissioners resident in three districts, elected by the16
voters of the whole county or elected only by voters resident in the district17
from which the member runs for election. In such case, the procedures for18
election shall be in accordance with subsection (5) of this section.19
(III) Five commissioners elected as follows: Three commissioners20
resident in three districts and elected by voters resident in those districts21
and two commissioners elected at large; or three commissioners resident22
in districts and elected by voters of the whole county and two23
commissioners elected at large. In such case, the procedures for election24
shall be in accordance with paragraph (a) of subsection (5) of this section.25
(b) The registered electors of such a county may, either by26
referendum or by initiative, decrease the members of the board of county27
HB24-1177
-15- commissioners from five to three. In such case, the term of office of all1
members serving on the board shall expire at the time the next duly2
elected board takes the oath of office following the first general election3
after the voters' approval of such decrease, and three new members shall4
be elected in accordance with sections 1-4-205 (2), C.R.S., and5
30-10-306. Two seats, as determined by lot, shall be elected for four-year6
terms and the remaining seat shall be elected for a two-year term of office7
in accordance with sections 1-4-205 (2), C.R.S., and 30-10-306. The8
county clerk and recorder shall make any necessary changes to effectuate9
the decrease in membership.10
(3) (a) Subject to referral as provided in this subsection (3), a11
board of county commissioners may pass a resolution decreasing the12
membership of the board, as provided in subsection (2) of this section.13
Prior to the ninetieth day before the next general election, the board of14
county commissioners shall request that the county clerk and recorder15
place the resolution on the ballot for referral to the registered electors of16
the county at the next general election.17
(b) Subject to referral as provided in this subsection (3), a board18
of county commissioners may pass a resolution changing the method of19
electing the members of the board. The resolution shall be referred to the20
registered electors of the county at a general election. If any number of21
the county commissioners are not elected by the voters of the whole22
county when the board of county commissioners passes this resolution,23
then the resolution must designate no fewer than two of the methods of24
election set forth in subsection (2) of this section. If a majority of votes25
cast are in favor of the resolution, the board of county commissioners26
shall take such action as is necessary to ensure that the county27
HB24-1177
-16- commissioners are elected at the next general election according to the1
procedure for election contained in the resolution that received the largest2
number of votes cast.3
(4) In the alternative, a petition signed by at least eight percent of4
the total number of qualified electors of a county voting for all candidates5
for the office of secretary of state at the last preceding general election6
shall be sufficient to place on the ballot at a general election the question7
of whether to change the method of electing members of the board or to8
decrease the membership of the board. In the case of a petition to change9
the method of electing members of the board, such petition shall specify10
the method of election according to subsection (2) of this section. Such11
a petition, shall be delivered to the county clerk and recorder prior to the12
ninetieth day before the next general election with a request that the13
question be placed on the ballot for referral to the registered electors of14
the county at the next general election.15
(5) (a) If a majority of the votes cast on the question are in favor16
of changing the method of electing the five commissioners or providing17
for three commissioners, as provided in subsection (2)(a)(II) or (2)(a)(III)18
of this section, the board of county commissioners shall change the19
boundaries of the commissioner districts so as to create three districts as20
nearly equal in population as possible based on the most recent federal21
census of the United States minus the number of persons serving a22
sentence of detention or confinement in any correctional facility in the23
county as indicated in the statistical report of the department of24
corrections for the most recent fiscal year. The districts must be numbered25
consecutively and are not subject to alteration more often than once every26
two years; except that, notwithstanding section 30-10-306 (3), the board27
HB24-1177
-17- may alter the districts to conform to precinct boundaries that are changed1
in accordance with section 1-5-103 (1), based on the division of the state2
into congressional districts or an approved plan for redistricting of the3
members of the general assembly when necessary to ensure that no4
precinct is located in more than one district. All other provisions of5
sections 1-4-205 (3)(a) and 30-10-306 (2) and (3) relating to the method6
of electing members, as provided in this subsection (5)(a), are applicable;7
except that, when districts are created, such changes must be completed8
by July 1 of the odd-numbered year immediately preceding the general9
election.10
(b) (I) Upon adoption of the boundaries of the three commissioner11
districts pursuant to subsection (2) of this section, it shall be decided by12
lot which of the five presently elected commissioners shall serve each of13
the three commissioner districts and which two commissioners shall serve14
the county at large.15
(II) If more than one presently elected commissioner resides16
within the boundaries of the same newly created commissioner district,17
those commissioners shall first determine by lot which of them will serve18
that district and which of them will represent the county at large. The19
remaining commissioners shall then determine by lot which of them will20
serve the two remaining districts and which of them will serve as the21
second commissioner at large.22
(III) The county clerk and recorder shall establish the time, place,23
and manner in which such lots shall be conducted and shall declare the24
official results of such lots immediately thereafter.25
(c) In the event that the registered electors of a county vote to26
change the method of election pursuant to this subsection (5), the terms27
HB24-1177
-18- of office of the five presently elected commissioners shall not be affected.1
(d) Thereafter, the method of election in such counties shall be as2
provided in sections 1-4-205 (3)(a), C.R.S., and 30-10-306.5 (5).3
(6) Signature requirements governing petitions for a race4
involving a seat on the board of county commissioners for the next four5
calendar years immediately following an election at which the voters have6
approved a decrease in the number of county commissioners from five to7
three under this section are specified in section 1-4-801 (2)(e), C.R.S., for8
major political party candidates, and section 1-4-802 (2), C.R.S., for9
candidates who do not wish to affiliate with a major political party.10
Following the first four calendar years after such a change in the11
membership of the board of county commissioners has been approved by12
the voters, the signature requirements for a petition for a county13
commissioner candidate must follow the procedures specified in section14
1-4-801 (2)(a), C.R.S., for major political party candidates, and section15
1-4-802 (1)(c)(VI), C.R.S., for candidates who do not wish to affiliate16
with a major political party, as applicable.17
SECTION 8. In Colorado Revised Statutes, 1-4-801, amend18
(2)(e) introductory portion, (2)(e)(I), (2)(e)(II) introductory portion,19
(2)(e)(II)(B), and (2)(f) as follows:20
1-4-801. Designation of party candidates by petition. (2) The21
signature requirements for the petition are as follows:22
(e) Where the electors of the county have voted to increase WHEN23
A COUNTY HAVING A POPULATION OF SEVENTY THOUSAND OR MORE24
CHANGES the membership of the board of county commissioners from25
three to five pursuant to section 30-10-306.5, C.R.S., or to decrease the26
membership of the board from five to three pursuant to section27
HB24-1177
-19- 30-10-306.7, C.R.S. MEMBERS TO COMPLY WITH SECTIONS 1-4-205 AND1
30-10-106.5, for the next two primary elections immediately following an2
election at which the voters have approved the change in the membership3
of the board THE CHANGE, the signature requirements for the petition are4
as follows:5
(I) Where any one or more WHEN TWO OF THE FIVE commissioners6
to be elected to the board of county commissioners will be voted on by7
voters of the whole county ELECTED AT LARGE, every petition must8
require signers equal in number to twenty percent THE LESSER OF ONE9
THOUSAND SIGNERS OR A NUMBER OF SIGNERS EQUAL TO TEN PERCENT of10
the average of all votes cast in each commissioner district in the county11
during the prior two contested or uncontested primary elections for the12
political party's candidates in each county commissioner district that held13
a primary election in either of those elections. If no primary election was14
held in either year, the calculation must be based on the most recent15
preceding general election for which the party had a candidate on the16
ballot, and every petition must require signers equal in number to twenty17
percent THE LESSER OF ONE THOUSAND SIGNERS OR A NUMBER OF SIGNERS18
EQUAL TO TEN PERCENT of the average of all votes cast for the political19
party's candidates for commissioner in each commissioner district in20
which the party had a candidate on the ballot.21
(II) Where any one or more WHEN THE FIVE commissioners to be22
elected to the board of county commissioners will be voted on only by the23
electors residing in a particular county commissioner district, the24
determination of the required number of signers must begin with a25
calculation of the average of all votes cast in each commissioner district26
in the county during the prior two contested or uncontested primary27
HB24-1177
-20- elections for the political party's candidates in the county commissioner1
districts that held a primary election in either of those elections. Upon a2
determination of the average, that number must then be divided by the3
total number of commissioner districts in the county where4
commissioners are voted on only by the electors residing in the district,5
whether three,
FOUR, or five. After completing this calculation, every6
petition must require signers equal in number to twenty percent
THE7
LESSER OF ONE THOUSAND SIGNERS OR A NUMBER OF SIGNERS EQUAL TO8
TEN PERCENT of the number realized. If no primary election was held in9
either year, the calculation must be based on the most recent preceding10
general election for which the party had a candidate on the ballot, and11
every petition must require signers equal in number to the following12
calculation:13
(B) Divide the number found in sub-subparagraph (A) of this14
subparagraph (II) SUBSECTION (2)(e)(II)(A) OF THIS SECTION by the total15
number of commissioner districts in the county where commissioners are16
voted on only by the electors residing in the district, whether three,
FOUR,17
or five.18
(f) Following the first two primary elections that are conducted19
after a change in the membership of the board of county commissioners20
pursuant to section 30-10-306.5 or 30-10-306.7, C.R.S.
TO COMPLY WITH21
SECTIONS 1-4-205 AND 30-10-306.5, in accordance with the requirements22
of paragraph (e) of this subsection (2) SUBSECTION (2)(e) OF THIS23
SECTION, the signature requirements for a petition for a county24
commissioner candidate who is affiliated with a major political party25
must follow the procedures specified in paragraph (a) of this subsection26
(2) SUBSECTION (2)(a) OF THIS SECTION.27
HB24-1177
-21- SECTION 9. In Colorado Revised Statutes, 1-4-802, amend (2)1
introductory portion, (2)(a), (2)(b) introductory portion, (2)(b)(II), and (3)2
as follows:3
1-4-802. Petitions for nominating minor political party and4
unaffiliated candidates for a partisan office. (2) Where the electors of5
the county have voted to increase WHEN A COUNTY HAVING A6
POPULATION OF SEVENTY THOUSAND OR MORE CHANGES the membership7
of the board of county commissioners from three to five pursuant to8
section 30-10-306.5, C.R.S., or to decrease the membership of the board9
from five to three pursuant to section 30-10-306.7, C.R.S. MEMBERS TO10
COMPLY WITH SECTIONS 1-4-205 AND 30-10-306.5, for the next two11
general elections immediately following an election at which the voters12
have approved a change in the membership of the board THE CHANGE, the13
signature requirements for the petition to select candidates who do not14
wish to affiliate with a major political party are as follows:15
(a) Where any one or more WHEN TWO OF THE FIVE16
commissioners to be elected to the board of county commissioners will17
be voted on by voters of the whole county ELECTED AT LARGE, every18
petition must require signers equal in number to the lesser of either seven19
hundred fifty signers or two percent of the average of all votes cast in20
each county commissioner district for which there was a race on the ballot21
during the most recent general election;22
(b) Where any one or more WHEN FIVE commissioners to be23
elected to the board of county commissioners will be voted on only by the24
electors residing in a particular county commissioner district, every25
petition must require signers equal in number to the lesser of either:26
(II) The number realized by first determining two percent of the27
HB24-1177
-22- average of all votes cast in each county commissioner district for which1
there was a race on the ballot during the most recent general election, and2
then dividing that number by the total number of commissioner districts3
in the county where commissioners are voted on only by the electors4
residing in a district, whether three,
FOUR, or five.5
(3) Following the first two general elections that are conducted6
after a change in the membership of the board of county commissioners7
pursuant to section 30-10-306.5 or 30-10-306.7, C.R.S.
TO COMPLY WITH8
SECTIONS 1-4-205 AND 30-10-306.5, the signature requirements for a9
petition for a county commissioner candidate who does not wish to10
affiliate with a major political party must follow the procedures specified11
in subparagraph (VI) of paragraph (c) of subsection (1) of this section12
SUBSECTION (1)(c)(VII) OF THIS SECTION.13
SECTION 10. Act subject to petition - effective date. This act14
takes effect at 12:01 a.m. on the day following the expiration of the15
ninety-day period after final adjournment of the general assembly; except16
that, if a referendum petition is filed pursuant to section 1 (3) of article V17
of the state constitution against this act or an item, section, or part of this18
act within such period, then the act, item, section, or part will not take19
effect unless approved by the people at the general election to be held in20
November 2024 and, in such case, will take effect on the date of the21
official declaration of the vote thereon by the governor.22
HB24-1177
-23-