1 | 1 | | First Regular Session |
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2 | 2 | | Seventy-fifth General Assembly |
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3 | 3 | | STATE OF COLORADO |
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4 | 4 | | INTRODUCED |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | LLS NO. 25-0571.02 Jason Gelender x4330 |
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8 | 8 | | HOUSE BILL 25-1265 |
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9 | 9 | | House Committees Senate Committees |
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10 | 10 | | State, Civic, Military, & Veterans Affairs |
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11 | 11 | | A BILL FOR AN ACT |
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12 | 12 | | C |
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13 | 13 | | ONCERNING THE MODIFICATI ON OF COUNTY COMMISSIONER101 |
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14 | 14 | | ELECTIONS.102 |
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15 | 15 | | Bill Summary |
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16 | 16 | | (Note: This summary applies to this bill as introduced and does |
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17 | 17 | | not reflect any amendments that may be subsequently adopted. If this bill |
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18 | 18 | | passes third reading in the house of introduction, a bill summary that |
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19 | 19 | | applies to the reengrossed version of this bill will be available at |
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20 | 20 | | http://leg.colorado.gov |
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21 | 21 | | .) |
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22 | 22 | | Currently, in a county with a population of 70,000 or more, the |
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23 | 23 | | board of county commissioners (board) may consist of 3 commissioners |
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24 | 24 | | from 3 districts, with one commissioner elected from each district by |
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25 | 25 | | voters of the whole county. Alternatively, the board may consist of 5 |
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26 | 26 | | commissioners, in which case the county may be divided into 3 or 5 |
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27 | 27 | | districts, and the commissioners may be elected pursuant to numerous |
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28 | 28 | | HOUSE SPONSORSHIP |
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29 | 29 | | Marshall, |
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30 | 30 | | SENATE SPONSORSHIP |
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31 | 31 | | Liston and Weissman, |
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32 | 32 | | Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. |
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33 | 33 | | Capital letters or bold & italic numbers indicate new material to be added to existing law. |
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34 | 34 | | Dashes through the words or numbers indicate deletions from existing law. methods, including by district or at large or by some combination of both |
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35 | 35 | | methods. |
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36 | 36 | | The bill modifies this discretionary system for any county with a |
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37 | 37 | | population of 250,000 or more by requiring each such county to have 5 |
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38 | 38 | | commissioners and 5 districts and to choose one of the following 3 |
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39 | 39 | | methods for their election: |
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40 | 40 | | ! 5 commissioners resident in 5 districts elected only by |
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41 | 41 | | voters resident in those districts; |
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42 | 42 | | ! 3 commissioners resident in 3 districts elected only by |
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43 | 43 | | voters resident in those districts and 2 commissioners |
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44 | 44 | | elected at large; or |
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45 | 45 | | ! 5 commissioners elected at large using the proportional |
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46 | 46 | | ranked voting method known as the single transferable vote |
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47 | 47 | | method. |
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48 | 48 | | The bill makes conforming amendments to statutory provisions |
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49 | 49 | | concerning commissioner district and election petition statutes. |
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50 | 50 | | Be it enacted by the General Assembly of the State of Colorado:1 |
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51 | 51 | | SECTION 1. In Colorado Revised Statutes, 1-4-205, amend (3);2 |
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52 | 52 | | and add (4) as follows:3 |
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53 | 53 | | 1-4-205. County commissioners. (3) (a) In each county having4 |
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54 | 54 | | a population of seventy thousand or more |
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55 | 55 | | BUT FEWER THAN TWO5 |
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56 | 56 | | HUNDRED FIFTY THOUSAND , the board of county commissioners may6 |
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57 | 57 | | consist either of three members, any two of whom shall |
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58 | 58 | | constitute a7 |
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59 | 59 | | quorum for the transaction of business, or of five members, any three of8 |
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60 | 60 | | whom shall constitute a quorum for the transaction of business.9 |
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61 | 61 | | (b) If the board consists of three commissioners, they shall be10 |
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62 | 62 | | elected as provided in subsection (2) of this section and as provided in11 |
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63 | 63 | | section 30-10-306.7 (5). C.R.S.12 |
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64 | 64 | | (c) In any county having a population of seventy thousand or more13 |
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65 | 65 | | BUT FEWER THAN TWO HUNDRED FIFTY THOUSAND , the membership of the14 |
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66 | 66 | | board of county commissioners may be increased from three to five15 |
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67 | 67 | | members pursuant to section 30-10-306.5, C.R.S., |
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68 | 68 | | or decreased from five16 |
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69 | 69 | | HB25-1265-2- to three members pursuant to section 30-10-306.7 (2)(a)(II). C.R.S.1 |
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70 | 70 | | (4) I |
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71 | 71 | | N EACH COUNTY HAVING A POPULATION OF TWO HUNDRED2 |
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72 | 72 | | FIFTY THOUSAND OR MORE , THE BOARD OF COUNTY COMMISSIONERS3 |
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73 | 73 | | CONSISTS OF FIVE COMMISSIONERS, ANY THREE OF WHOM CONSTITUTE A4 |
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74 | 74 | | QUORUM FOR THE TRANSACTION OF BUSINESS . THE FIVE COUNTY5 |
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75 | 75 | | COMMISSIONERS MUST BE ELECTED AS PROVIDED IN SECTION 30-10-306.86 |
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76 | 76 | | (5), |
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77 | 77 | | (6), OR (7).7 |
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78 | 78 | | SECTION 2. In Colorado Revised Statutes, 30-10-306, amend8 |
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79 | 79 | | (1) and (2); and add (2.5) as follows:9 |
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80 | 80 | | 30-10-306. Commissioners' districts - vacancies - definitions.10 |
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81 | 81 | | (1) Each county |
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82 | 82 | | HAVING A POPULATION OF LESS THAN SEVENTY11 |
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83 | 83 | | THOUSAND AND EACH COUNTY HAVING A POPULATION OF SEVENTY12 |
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84 | 84 | | THOUSAND OR MORE BUT LESS THAN TWO HUNDRED FIFTY THOUSAND13 |
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85 | 85 | | THAT HAS NOT CHOSEN TO INCREASE THE MEMBERS OF THE BOARD OF14 |
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86 | 86 | | COUNTY COMMISSIONERS FROM THREE TO FIVE AS AUTHORIZED BY15 |
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87 | 87 | | SECTIONS 1-4-205 (3)(c) AND 30-10-306.5 must be divided into three16 |
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88 | 88 | | compact districts by the board of county commissioners. Each district17 |
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89 | 89 | | must be as nearly equal in population as possible based on the18 |
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90 | 90 | | redistricting population data prepared by staff of the legislative council19 |
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91 | 91 | | and office of legislative legal services, or any successor offices, in20 |
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92 | 92 | | accordance with section 2-2-902. In no event shall |
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93 | 93 | | There SHALL NOT be21 |
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94 | 94 | | more than five percent deviation between the most populous and the least22 |
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95 | 95 | | populous district in each county, at the time such district boundaries are23 |
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96 | 96 | | adopted. Each district must be numbered consecutively and must not be24 |
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97 | 97 | | subject to alteration more often than once every two years. One county25 |
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98 | 98 | | commissioner must be elected from each of such districts DISTRICT by the26 |
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99 | 99 | | voters of the whole county. If any county commissioner, during his or her27 |
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100 | 100 | | HB25-1265 |
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101 | 101 | | -3- THE COMMISSIONER'S term of office, moves from the district in which he1 |
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102 | 102 | | or she THE COMMISSIONER resided when elected, his or her THE2 |
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103 | 103 | | COMMISSIONER'S office thereupon becomes vacant. All proceedings by the3 |
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104 | 104 | | board of county commissioners in formation of such districts not4 |
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105 | 105 | | inconsistent with this section are confirmed and validated.5 |
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106 | 106 | | (2) Each county having a population of seventy thousand or more6 |
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107 | 107 | | BUT FEWER THAN TWO HUNDRED FIFTY THOUSAND that has chosen to7 |
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108 | 108 | | increase the members of the board of county commissioners from three8 |
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109 | 109 | | to five |
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110 | 110 | | AS AUTHORIZED BY SECTIONS 1-4-205 (3)(c) AND 30-10-306.5 must9 |
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111 | 111 | | be divided into three or five districts by the board of county10 |
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112 | 112 | | commissioners according to the method of election described in section11 |
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113 | 113 | | 30-10-306.5 (5) or (6) or section 30-10-306.7. When applicable, the board12 |
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114 | 114 | | of county commissioners shall divide the county into districts in13 |
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115 | 115 | | accordance with the final redistricting plan approved in accordance with14 |
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116 | 116 | | section 30-10-306.4. The districts must be as nearly equal in population15 |
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117 | 117 | | as possible based on the redistricting population data prepared by staff of16 |
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118 | 118 | | the legislative council and office of legislative legal services, or any17 |
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119 | 119 | | successor offices, in accordance with section 2-2-902. In no event shall |
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120 | 120 | | 18 |
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121 | 121 | | There |
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122 | 122 | | SHALL NOT be more than five percent deviation between the most19 |
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123 | 123 | | populous and the least populous district in each county, at the time such20 |
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124 | 124 | | district boundaries are adopted. Each district must be numbered21 |
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125 | 125 | | consecutively and is not subject to alteration more often than once every22 |
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126 | 126 | | two years; except that, notwithstanding subsection (3) of this section, the23 |
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127 | 127 | | board may alter the districts to conform to precinct boundaries that are24 |
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128 | 128 | | changed in accordance with section 1-5-103 (1), based on the division of25 |
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129 | 129 | | the state into congressional districts or an approved plan for redistricting26 |
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130 | 130 | | of the members of the general assembly when necessary to ensure that no27 |
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131 | 131 | | HB25-1265 |
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132 | 132 | | -4- precinct is located in more than one district. County commissioners are1 |
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133 | 133 | | elected at large or from districts according to the method of election2 |
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134 | 134 | | described in section 30-10-306.5 (5) or (6) or section 30-10-306.7. If any3 |
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135 | 135 | | county commissioner required to be resident in a district moves during his4 |
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136 | 136 | | or her THE COMMISSIONER'S term of office from the district in which he or5 |
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137 | 137 | | she THE COMMISSIONER resided when elected, his or her THE6 |
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138 | 138 | | COMMISSIONER'S office thereupon becomes vacant. All proceedings by the7 |
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139 | 139 | | board of county commissioners in formation of such districts not8 |
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140 | 140 | | inconsistent with this section are confirmed and validated.9 |
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141 | 141 | | (2.5) E |
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142 | 142 | | ACH COUNTY HAVING A POPULATION OF TWO HUNDRED10 |
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143 | 143 | | FIFTY THOUSAND OR MORE MUST BE DIVIDED INTO FIVE DISTRICTS . WHEN11 |
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144 | 144 | | APPLICABLE, THE BOARD OF COUNTY COMMISSIONERS SHALL DIVIDE THE12 |
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145 | 145 | | COUNTY INTO DISTRICTS IN ACCORDANCE WITH THE FINAL REDISTRICTING13 |
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146 | 146 | | PLAN APPROVED IN ACCORDANCE WITH SECTION 30-10-306.4. THE14 |
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147 | 147 | | DISTRICTS MUST BE AS NEARLY EQUAL IN POPULATION AS POSSIBLE BASED15 |
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148 | 148 | | ON THE REDISTRICTING POPULATION DATA PREPARED BY STAFF OF THE16 |
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149 | 149 | | LEGISLATIVE COUNCIL AND OFFICE OF LEGISLATIVE LEGAL SERVICES , OR17 |
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150 | 150 | | ANY SUCCESSOR OFFICES, IN ACCORDANCE WITH SECTION 2-2-902. THERE18 |
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151 | 151 | | SHALL NOT BE MORE THAN FIVE PERCENT DEVIATION BETWEEN THE MOST19 |
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152 | 152 | | POPULOUS AND THE LEAST POPULOUS DISTRICT IN EACH COUNTY AT THE20 |
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153 | 153 | | TIME THAT DISTRICT BOUNDARIES ARE ADOPTED . EACH DISTRICT MUST BE21 |
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154 | 154 | | NUMBERED CONSECUTIVELY AND IS NOT SUBJECT TO ALTERATION MORE22 |
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155 | 155 | | OFTEN THAN ONCE EVERY TWO YEARS ; EXCEPT THAT, NOTWITHSTANDING23 |
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156 | 156 | | SUBSECTION (3) OF THIS SECTION, THE BOARD MAY ALTER THE DISTRICTS24 |
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157 | 157 | | TO CONFORM TO PRECINCT BOUNDARIES THAT ARE CHANGED IN25 |
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158 | 158 | | ACCORDANCE WITH SECTION 1-5-103 (1) BASED ON THE DIVISION OF THE26 |
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159 | 159 | | STATE INTO CONGRESSIONAL DISTRICTS OR AN APPROVED PLAN FOR27 |
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160 | 160 | | HB25-1265 |
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161 | 161 | | -5- REDISTRICTING OF THE MEMBERS OF THE GENERAL ASSEMBLY WHEN1 |
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162 | 162 | | NECESSARY TO ENSURE THAT NO PRECINCT IS LOCATED IN MORE THAN ONE2 |
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163 | 163 | | DISTRICT. COUNTY COMMISSIONERS ARE ELECTED ACCORDING TO THE3 |
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164 | 164 | | METHOD OF ELECTION DESCRIBED IN SECTION 30-10-306.8 (5), (6), OR (7).4 |
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165 | 165 | | I |
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166 | 166 | | F ANY COUNTY COMMISSIONER REQUIRED TO BE RESIDENT IN A DISTRICT5 |
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167 | 167 | | MOVES DURING THE COMMISSIONER 'S TERM OF OFFICE FROM THE DISTRICT6 |
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168 | 168 | | IN WHICH THE COMMISSIONER RESIDED WHEN ELECTED , THE7 |
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169 | 169 | | COMMISSIONER'S OFFICE BECOMES VACANT. ALL PROCEEDINGS BY THE8 |
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170 | 170 | | BOARD OF COUNTY COMMISSIONERS IN FORMATION OF SUCH DISTRICTS9 |
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171 | 171 | | NOT INCONSISTENT WITH THIS SECTION ARE CONFIRMED AND VALIDATED .10 |
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172 | 172 | | SECTION 3. In Colorado Revised Statutes, 30-10-306.5, amend11 |
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173 | 173 | | (1) as follows:12 |
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174 | 174 | | 30-10-306.5. Procedure to increase number of county13 |
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175 | 175 | | commissioners. (1) In any county having a population of seventy14 |
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176 | 176 | | thousand or more |
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177 | 177 | | BUT FEWER THAN TWO HUNDRED FIFTY THOUSAND , the15 |
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178 | 178 | | membership of the board of county commissioners may be increased from16 |
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179 | 179 | | three to five members pursuant to this section.17 |
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180 | 180 | | SECTION 4. In Colorado Revised Statutes, 30-10-306.7, amend18 |
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181 | 181 | | (1) as follows:19 |
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182 | 182 | | 30-10-306.7. Procedure for electing county commissioners.20 |
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183 | 183 | | (1) In any county having a population of seventy thousand or more |
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184 | 184 | | BUT21 |
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185 | 185 | | FEWER THAN TWO HUNDRED FIFTY THOUSAND , which has increased the22 |
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186 | 186 | | membership of the board of county commissioners to five pursuant to23 |
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187 | 187 | | sections 1-4-205 (3)(a) C.R.S., |
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188 | 188 | | and 30-10-306.5, the registered electors24 |
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189 | 189 | | may, either by referendum or by initiative, change the method of electing25 |
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190 | 190 | | said members or reduce the membership of the board of county26 |
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191 | 191 | | commissioners to three, pursuant to the procedures in this section. 27 |
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192 | 192 | | HB25-1265 |
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193 | 193 | | -6- SECTION 5. In Colorado Revised Statutes, add 30-10-306.8 as1 |
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194 | 194 | | follows:2 |
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195 | 195 | | 30-10-306.8. Requirement for five county commissioners in a3 |
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196 | 196 | | county with a population of two hundred fifty thousand or more -4 |
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197 | 197 | | elections - redistricting. (1) I |
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198 | 198 | | N ANY COUNTY HAVING A POPULATION OF5 |
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199 | 199 | | TWO HUNDRED FIFTY THOUSAND OR MORE , THE MEMBERSHIP OF THE6 |
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200 | 200 | | BOARD OF COUNTY COMMISSIONERS CONSISTS OF FIVE MEMBERS ELECTED7 |
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201 | 201 | | PURSUANT TO THIS SECTION.8 |
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202 | 202 | | (2) I |
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203 | 203 | | F, ON OR AFTER JANUARY 1, 2032, A COUNTY HAVING A9 |
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204 | 204 | | POPULATION OF TWO HUNDRED FIFTY THOUSAND OR MORE HAS FEWER10 |
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205 | 205 | | THAN FIVE COUNTY COMMISSIONERS , THE BOARD OF COUNTY11 |
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206 | 206 | | COMMISSIONERS SHALL ADOPT A RESOLUTION C HANGING ITS MEMBERSHIP12 |
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207 | 207 | | TO FIVE MEMBERS. THE BOARD OF COUNTY COMMISSIONERS SHALL PASS13 |
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208 | 208 | | THE RESOLUTION NO LATER THAN ITS FIRST REGULARLY SCHEDULED14 |
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209 | 209 | | MEETING IN CALENDAR YEAR 2032 OR ITS FIRST REGULARLY SCHEDULED15 |
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210 | 210 | | MEETING IN THE MONTH FOLLOWING AN INCREASE IN THE COUNTY 'S16 |
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211 | 211 | | POPULATION, AS DEFINED IN SECTION 30-10-306 (6)(f), TO TWO HUNDRED17 |
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212 | 212 | | FIFTY THOUSAND OR MORE.18 |
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213 | 213 | | (3) (a) I |
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214 | 214 | | N ANY COUNTY HAVING A POPULATION OF TWO HUNDRED19 |
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215 | 215 | | FIFTY THOUSAND OR MORE , THE BOARD OF COUNTY COMMISSIONERS20 |
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216 | 216 | | SHALL ADOPT A RESOLUTION DESIGNATING THE THREE ALTERNATIVE21 |
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217 | 217 | | METHODS OF ELECTING FIVE COUNTY COMMISSIONERS SET FORTH IN22 |
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218 | 218 | | SUBSECTIONS (5), (6), AND (7) OF THIS SECTION. THE BOARD OF COUNTY23 |
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219 | 219 | | COMMISSIONERS SHALL PASS THE RESOLUTION NO LATER THAN ITS FIRST24 |
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220 | 220 | | REGULARLY SCHEDULED MEETING IN CALENDAR YEAR 2032 OR ITS FIRST25 |
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221 | 221 | | REGULARLY SCHEDULED MEETING IN THE MONTH FOLLOWING AN26 |
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222 | 222 | | INCREASE IN THE COUNTY 'S POPULATION, AS DEFINED IN SECTION27 |
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223 | 223 | | HB25-1265 |
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224 | 224 | | -7- 30-10-306 (6)(f), TO TWO HUNDRED FIFTY THOUSAND OR MORE .1 |
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225 | 225 | | (b) T |
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226 | 226 | | HE RESOLUTION REQUIRED BY SUBSECTION (3)(a) OF THIS2 |
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227 | 227 | | SECTION SHALL BE REFERRED TO THE REGISTERED ELECTORS OF THE3 |
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228 | 228 | | COUNTY AT THE FIRST GENERAL ELECTION FOLLOWING ITS ADOPTION SO4 |
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229 | 229 | | THAT THE VOTERS MAY CHOOSE WHICH OF THE THREE ALTERNATIVE5 |
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230 | 230 | | METHODS OF ELECTING FIVE COUNTY COMMISSIONERS THEY PREFER .6 |
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231 | 231 | | T |
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232 | 232 | | HEREAFTER, THE BOARD OF COUNTY COMMISSIONERS SHALL TAKE7 |
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233 | 233 | | ACTION TO ENSURE THAT COUNTY COMMISSIONERS ARE ELECTED AT THE8 |
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234 | 234 | | NEXT GENERAL ELECTION ACCORDING TO THE METHOD OF ELECTION9 |
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235 | 235 | | CONTAINED IN THE REFERRED RESOLUTION THAT RECEIVED THE LARGEST10 |
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236 | 236 | | NUMBER OF VOTES CAST.11 |
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237 | 237 | | (c) A |
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238 | 238 | | COUNTY HAVING A POPULATION OF TWO HUNDRED FIFTY12 |
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239 | 239 | | THOUSAND OR MORE THAT, BEFORE OR AS OF JANUARY 1, 2032, ALREADY13 |
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240 | 240 | | ELECTS FIVE COUNTY COMMISSIONERS ACCORDING TO ONE OF THE THREE14 |
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241 | 241 | | ALTERNATIVE METHODS OF ELECTION SET FORTH IN SUBSECTION (5), (6),15 |
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242 | 242 | | OR (7) OF THIS SECTION IS NOT REQUIRED TO PASS THE RESOLUTION16 |
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243 | 243 | | OTHERWISE REQUIRED BY SUBSECTION (3)(A) OF THIS SECTION.17 |
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244 | 244 | | (4) I |
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245 | 245 | | N ANY COUNTY HAVING A POPULATION OF TWO HUNDRED18 |
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246 | 246 | | FIFTY THOUSAND OR MORE, THE FIVE MEMBERS OF THE BOARD OF COUNTY19 |
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247 | 247 | | COMMISSIONERS MUST BE ELECTED BY DISTRICT ONLY , AS DESCRIBED IN20 |
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248 | 248 | | SUBSECTION (5) OF THIS SECTION, BY DISTRICT AND AT LARGE , AS21 |
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249 | 249 | | DESCRIBED IN SUBSECTION (6) OF THIS SECTION, OR AT LARGE BY RANKED22 |
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250 | 250 | | CHOICE VOTING, AS DESCRIBED IN SUBSECTION (7) OF THIS SECTION.23 |
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251 | 251 | | (5) F |
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252 | 252 | | IVE COMMISSIONERS RESIDENT IN FIVE DISTRICTS ELECTED BY24 |
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253 | 253 | | VOTERS RESIDENT IN THOSE DISTRICTS MUST BE ELECTED AS FOLLOWS :25 |
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254 | 254 | | (a) (I) I |
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255 | 255 | | F THERE ARE THREE INCUMBENT COMMISSIONERS RESIDENT26 |
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256 | 256 | | IN THREE DISTRICTS, THE BOARD OF COUNTY COMMISSIONERS SHALL27 |
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257 | 257 | | HB25-1265 |
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258 | 258 | | -8- CHANGE THE BOUNDARIES OF THE COMMISSIONERS ' DISTRICTS TO CREATE1 |
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259 | 259 | | FIVE DISTRICTS IN ACCORDANCE WITH THE REQUIREMENTS OF SECTION2 |
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260 | 260 | | 30-10-306 |
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261 | 261 | | (2.5) AND THE COUNTY'S FINAL REDISTRICTING PLAN APPROVED3 |
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262 | 262 | | IN ACCORDANCE WITH SECTION 30-10-306.4;4 |
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263 | 263 | | (II) U |
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264 | 264 | | PON ADOPTION OF THE BOUNDARIES OF THE FIVE DISTRICTS ,5 |
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265 | 265 | | THE THREE INCUMBENT COMMISSIONERS SHALL SERVE THE NEWLY6 |
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266 | 266 | | CREATED DISTRICTS IN WHICH THEY RESIDE ;7 |
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267 | 267 | | (III) I |
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268 | 268 | | F MORE THAN ONE INCUMBENT COMMISSIONER RESIDES8 |
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269 | 269 | | WITHIN THE BOUNDARIES OF THE SAME NEWLY CREATED DISTRICT , THOSE9 |
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270 | 270 | | COMMISSIONERS SHALL DETERMINE BY LOT WHICH OF THEM WILL SERVE10 |
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271 | 271 | | THAT DISTRICT. THE REMAINING COMMISSIONER OR COMMISSIONERS11 |
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272 | 272 | | SHALL THEN DETERMINE BY LOT WHICH OF THEM WILL SERVE THE12 |
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273 | 273 | | REMAINING DISTRICTS.13 |
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274 | 274 | | (IV) T |
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275 | 275 | | HE COUNTY CLERK AND RECORDER SHALL ESTABLISH THE14 |
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276 | 276 | | TIME, PLACE, AND MANNER IN WHICH THE LOTS ARE CONDUCTED AND15 |
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277 | 277 | | SHALL DECLARE THE OFFICIAL RESULTS OF THE LOTS IMMEDIATELY16 |
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278 | 278 | | THEREAFTER.17 |
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279 | 279 | | (b) I |
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280 | 280 | | F THE FIRST GENERAL ELECTION AFTER THE ADOPTION OF THE18 |
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281 | 281 | | DISTRICT METHOD OF ELECTION SET FORTH IN THIS SUBSECTION (5) IS HELD19 |
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282 | 282 | | IN 2036 OR ANY FOURTH YEAR THEREAFTER , TWO MEMBERS RESIDENT IN20 |
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283 | 283 | | DISTRICTS SHALL BE ELECTED TO FOUR-YEAR TERMS AT THAT GENERAL21 |
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284 | 284 | | ELECTION, ONE MEMBER RESIDENT IN A DISTRICT SHALL BE ELECTED TO22 |
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285 | 285 | | FILL THE VACANCY UNTIL THE NEXT GENERAL ELECTION , AND THREE23 |
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286 | 286 | | MEMBERS RESIDENT IN DISTRICTS SHALL BE ELECTED TO FOUR -YEAR24 |
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287 | 287 | | TERMS AT THE NEXT GENERAL ELECTION . THEREAFTER, TWO MEMBERS25 |
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288 | 288 | | RESIDENT IN DISTRICTS SHALL BE ELECTED AT THE GENERAL ELECTIONS26 |
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289 | 289 | | THAT OCCUR EVERY FOUR YEARS AFTER THE FIRST GENERAL ELECTION27 |
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290 | 290 | | HB25-1265 |
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291 | 291 | | -9- FOLLOWING THE ADOPTION OF THE DISTRICT METHOD OF ELECTION , AND1 |
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292 | 292 | | THREE MEMBERS RESIDENT IN DISTRICTS SHALL BE ELECTED AT THE2 |
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293 | 293 | | GENERAL ELECTIONS THAT OCCUR EVERY FOUR YEARS AFTER THE3 |
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294 | 294 | | GENERAL ELECTION THAT OCCURS TWO YEARS AFTER THE FIRST GENERAL4 |
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295 | 295 | | ELECTION FOLLOWING THE ADOPTION OF THE DISTRICT METHOD OF5 |
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296 | 296 | | ELECTION.6 |
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297 | 297 | | (c) I |
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298 | 298 | | F THE FIRST GENERAL ELECTION AFTER THE ADOPTION OF THE7 |
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299 | 299 | | DISTRICT METHOD OF ELECTION SET FORTH IN THIS SUBSECTION (5) IS HELD8 |
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300 | 300 | | IN 2038 OR ANY FOURTH YEAR THEREAFTER , THREE MEMBERS RESIDENT9 |
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301 | 301 | | IN DISTRICTS SHALL BE ELECTED TO FOUR-YEAR TERMS AT THAT ELECTION,10 |
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302 | 302 | | ONE MEMBER RESIDENT IN A DISTRICT SHALL BE ELECTED TO FILL THE11 |
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303 | 303 | | VACANCY UNTIL THE NEXT GENERAL ELECTION , AND TWO MEMBERS12 |
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304 | 304 | | RESIDENT IN DISTRICTS SHALL BE ELECTED TO FOUR-YEAR TERMS AT THE13 |
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305 | 305 | | NEXT GENERAL ELECTION. THEREAFTER, THREE MEMBERS RESIDENT IN14 |
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306 | 306 | | DISTRICTS SHALL BE ELECTED AT THE GENERAL ELECTIONS THAT OCCUR15 |
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307 | 307 | | EVERY FOUR YEARS AFTER THE FIRST GENERAL ELECTION FOLLOWING THE16 |
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308 | 308 | | ADOPTION OF THE DISTRICT METHOD OF ELECTION , AND TWO MEMBERS17 |
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309 | 309 | | RESIDENT IN DISTRICTS SHALL BE ELECTED AT THE GENERAL ELECTIONS18 |
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310 | 310 | | THAT OCCUR EVERY FOUR YEARS AFTER THE GENERAL ELECTION THAT19 |
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311 | 311 | | OCCURS TWO YEARS AFTER THE FIRST GENERAL ELECTION FOLLOWING THE20 |
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312 | 312 | | ADOPTION OF THE DISTRICT METHOD OF ELECTION .21 |
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313 | 313 | | (d) P |
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314 | 314 | | RIOR TO MARCH 1 OF AN ELECTION YEAR, THE BOARD OF22 |
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315 | 315 | | COUNTY COMMISSIONERS SHALL DESIGNATE THE DISTRICT FROM WHICH A23 |
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316 | 316 | | COMMISSIONER IS TO BE ELECTED TO A TWO -YEAR TERM TO FILL A24 |
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317 | 317 | | VACANCY DESCRIBED IN SUBSECTION (5)(b) OR (5)(c) OF THIS SECTION.25 |
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318 | 318 | | (e) I |
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319 | 319 | | F THERE ARE FIVE INCUMBENT COMMISSIONERS RESIDENT IN26 |
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320 | 320 | | FIVE DISTRICTS AND ONE OR MORE COMMISSIONERS ARE ELECTED BY27 |
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321 | 321 | | HB25-1265 |
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322 | 322 | | -10- VOTERS OF THE WHOLE COUNTY , THE COMMISSIONERS ARE SUBJECT TO1 |
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323 | 323 | | ELECTION AS SET FORTH IN SUBSECTIONS (5)(b) TO (5)(d) OF THIS SECTION.2 |
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324 | 324 | | (6) T |
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325 | 325 | | HREE COMMISSIONERS RESIDENT IN THREE DISTRICTS ELECTED3 |
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326 | 326 | | BY VOTERS RESIDENT IN THOSE DISTRICTS AND TWO COMMISSIONERS4 |
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327 | 327 | | ELECTED AT LARGE MUST BE ELECTED AS FOLLOWS :5 |
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328 | 328 | | (a) I |
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329 | 329 | | F THERE ARE THREE INCUMBENT COMMISSIONERS RESIDENT IN6 |
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330 | 330 | | THREE DISTRICTS ELECTED BY VOTERS OF THE WHOLE COUNTY , SUCH7 |
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331 | 331 | | COMMISSIONERS ARE SUBJECT TO ELECTION AS FOLLOWS :8 |
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332 | 332 | | (I) I |
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333 | 333 | | F THE FIRST GENERAL ELECTION AFTER THE VOTERS' SELECTION9 |
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334 | 334 | | OF THE METHOD OF ELECTION SET FORTH IN THIS SUBSECTION (6) IS HELD10 |
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335 | 335 | | IN 2036 OR ANY FOURTH YEAR THEREAFTER , TWO COMMISSIONERS, ONE11 |
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336 | 336 | | RESIDENT IN A DISTRICT AND ONE AT LARGE , SHALL BE ELECTED TO12 |
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337 | 337 | | FOUR-YEAR TERMS AT THAT GENERAL ELECTION ; ONE AT-LARGE13 |
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338 | 338 | | COMMISSIONER SHALL BE ELECTED TO FILL THE VACANCY UNTIL THE NEXT14 |
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339 | 339 | | GENERAL ELECTION; AND THREE COMMISSIONERS , TWO RESIDENT IN15 |
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340 | 340 | | DISTRICTS AND ONE AT LARGE, SHALL BE ELECTED TO FOUR-YEAR TERMS16 |
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341 | 341 | | AT THE NEXT GENERAL ELECTION . THEREAFTER, TWO COMMISSIONERS,17 |
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342 | 342 | | ONE RESIDENT IN A DISTRICT AND ONE AT LARGE , SHALL BE ELECTED AT18 |
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343 | 343 | | THE GENERAL ELECTIONS THAT OCCUR EACH FOUR YEARS AFTER THE FIRST19 |
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344 | 344 | | GENERAL ELECTION FOLLOWING THE VOTERS ' SELECTION OF THE METHOD20 |
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345 | 345 | | OF ELECTION SET FORTH IN THIS SUBSECTION (6), AND THREE21 |
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346 | 346 | | COMMISSIONERS, TWO RESIDENT IN DISTRICTS AND ONE AT LARGE, SHALL22 |
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347 | 347 | | BE ELECTED AT THE GENERAL ELECTION THAT OCCURS TWO YEARS AFTER23 |
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348 | 348 | | THE FIRST GENERAL ELECTION FOLLOWING THE VOTERS ' SELECTION OF THE24 |
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349 | 349 | | METHOD OF ELECTION SET FORTH IN THIS SUBSECTION (6) AND EVERY25 |
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350 | 350 | | FOURTH YEAR THEREAFTER .26 |
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351 | 351 | | (II) I |
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352 | 352 | | F THE FIRST GENERAL ELECTION AFTER THE VOTERS '27 |
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353 | 353 | | HB25-1265 |
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354 | 354 | | -11- SELECTION OF THE METHOD OF ELECTION SET FORTH IN THIS SUBSECTION1 |
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355 | 355 | | (6) |
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356 | 356 | | IS HELD IN 2038 OR ANY FOURTH YEAR THEREAFTER , TWO2 |
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357 | 357 | | COMMISSIONERS RESIDENT IN DISTRICTS AND ONE AT -LARGE3 |
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358 | 358 | | COMMISSIONER SHALL BE ELECTED TO FOUR -YEAR TERMS AT THAT4 |
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359 | 359 | | GENERAL ELECTION, ONE AT-LARGE COMMISSIONER SHALL BE ELECTED TO5 |
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360 | 360 | | FILL THE VACANCY UNTIL THE NEXT GENERAL ELECTION , AND TWO6 |
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361 | 361 | | COMMISSIONERS, ONE RESIDENT IN A DISTRICT AND ONE AT LARGE, SHALL7 |
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362 | 362 | | BE ELECTED TO FOUR-YEAR TERMS AT THE NEXT GENERAL ELECTION .8 |
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363 | 363 | | T |
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364 | 364 | | HEREAFTER, THREE COMMISSIONERS, TWO RESIDENT IN DISTRICTS AND9 |
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365 | 365 | | ONE AT LARGE, SHALL BE ELECTED AT THE GENERAL ELECTIONS THAT10 |
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366 | 366 | | OCCUR EACH FOUR YEARS AFTER THE FIRST GENERAL ELECTION11 |
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367 | 367 | | FOLLOWING THE VOTERS' SELECTION OF THE METHOD OF ELECTION SET12 |
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368 | 368 | | FORTH IN THIS SUBSECTION (6), AND TWO COMMISSIONERS, ONE RESIDENT13 |
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369 | 369 | | IN A DISTRICT AND ONE AT LARGE, SHALL BE ELECTED AT THE GENERAL14 |
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370 | 370 | | ELECTION THAT OCCURS TWO YEARS AFTER THE FIRST GENERAL ELECTION15 |
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371 | 371 | | FOLLOWING THE VOTERS' SELECTION OF THE METHOD OF ELECTION SET16 |
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372 | 372 | | FORTH IN THIS SUBSECTION (6) AND EVERY FOURTH YEAR THEREAFTER . 17 |
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373 | 373 | | (III) P |
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374 | 374 | | RIOR TO MARCH 1 OF THE ELECTION YEAR, THE BOARD OF18 |
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375 | 375 | | COUNTY COMMISSIONERS SHALL DESIGNATE THE AT -LARGE POSITION19 |
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376 | 376 | | FROM WHICH A COMMISSIONER IS TO BE ELECTED TO A TWO -YEAR TERM TO20 |
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377 | 377 | | FILL A VACANCY DESCRIBED IN SUBSECTION (6)(a)(I) OR (6)(a)(II) OF THIS21 |
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378 | 378 | | SECTION.22 |
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379 | 379 | | (b) (I) I |
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380 | 380 | | F THERE ARE FIVE INCUMBENT COMMISSIONERS RESIDENT23 |
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381 | 381 | | IN FIVE DISTRICTS, THE BOARD OF COUNTY COMMISSIONERS SHALL24 |
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382 | 382 | | CHANGE THE BOUNDARIES OF THE COMMISSIONERS ' DISTRICTS TO CREATE25 |
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383 | 383 | | THREE DISTRICTS IN ACCORDANCE WITH THE REQUIREMENTS OF SECTION26 |
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384 | 384 | | 30-10-306 |
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385 | 385 | | (2) AND THE COUNTY'S FINAL REDISTRICTING PLAN APPROVED27 |
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386 | 386 | | HB25-1265 |
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387 | 387 | | -12- IN ACCORDANCE WITH SECTION 30-10-306.4.1 |
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388 | 388 | | (II) U |
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389 | 389 | | PON ADOPTION OF THE BOUNDARIES OF THE THREE DISTRICTS2 |
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390 | 390 | | PURSUANT TO SUBSECTION (6)(b)(I) OF THIS SECTION, IT SHALL BE3 |
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391 | 391 | | DECIDED BY LOT WHICH OF THE FIVE INCUMBENT COMMISSIONERS SHALL4 |
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392 | 392 | | SERVE THE THREE DISTRICTS AND WHICH COMMISSIONERS SHALL SERVE5 |
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393 | 393 | | THE COUNTY AT LARGE.6 |
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394 | 394 | | (III) I |
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395 | 395 | | F MORE THAN ONE INCUMBENT COMMISSIONER RESIDES7 |
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396 | 396 | | WITHIN THE BOUNDARIES OF THE SAME NEWLY CREATED DISTRICT , THOSE8 |
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397 | 397 | | COMMISSIONERS SHALL FIRST DETERMINE BY LOT WHICH OF THEM WILL9 |
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398 | 398 | | SERVE THAT DISTRICT AND WHICH OF THEM WILL REPRESENT THE COUNTY10 |
---|
399 | 399 | | AT LARGE. THE REMAINING COMMISSIONERS SHALL THEN DETERMINE BY11 |
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400 | 400 | | LOT WHICH OF THEM WILL SERVE THE REMAINING DISTRICTS AND WHICH12 |
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401 | 401 | | OF THEM WILL SERVE AS THE SECOND COMMISSIONER AT LARGE .13 |
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402 | 402 | | (IV) T |
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403 | 403 | | HE COUNTY CLERK AND RECORDER SHALL ESTABLISH THE14 |
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404 | 404 | | TIME, PLACE, AND MANNER IN WHICH SUCH LOTS SHALL BE CONDUCTED15 |
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405 | 405 | | AND SHALL DECLARE THE OFFICIAL RESULTS OF SUCH LOTS IMMEDIATELY16 |
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406 | 406 | | THEREAFTER.17 |
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407 | 407 | | (V) T |
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408 | 408 | | HEREAFTER, THE METHOD OF ELECTION IN SUCH COUNTIES18 |
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409 | 409 | | SHALL BE AS PROVIDED IN SUBSECTIONS (6)(a)(I) TO (6)(a)(III) OF THIS19 |
---|
410 | 410 | | SECTION.20 |
---|
411 | 411 | | (7) (a) F |
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412 | 412 | | IVE COMMISSIONERS ELECTED BY RANKED CHOICE VOTING21 |
---|
413 | 413 | | MUST BE ELECTED AT LARGE USING THE SINGLE TRANSFERABLE VOTE22 |
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414 | 414 | | METHOD, DESCRIBED IN SECTION 1-7-1003 (4), AS FOLLOWS:23 |
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415 | 415 | | (I) I |
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416 | 416 | | F THERE ARE THREE INCUMBENT COMMISSIONERS RESIDENT IN24 |
---|
417 | 417 | | THREE DISTRICTS, THE BOARD OF COUNTY COMMISSIONERS SHALL C HANGE25 |
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418 | 418 | | THE BOUNDARIES OF THE COMMISSIONERS ' DISTRICTS TO CREATE FIVE26 |
---|
419 | 419 | | DISTRICTS IN ACCORDANCE WITH THE REQUIREMENTS OF SECTION27 |
---|
420 | 420 | | HB25-1265 |
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421 | 421 | | -13- 30-10-306 (2.5) AND THE COUNTY'S FINAL REDISTRICTING PLAN APPROVED1 |
---|
422 | 422 | | IN ACCORDANCE WITH SECTION 30-10-306.4;2 |
---|
423 | 423 | | (II) U |
---|
424 | 424 | | PON ADOPTION OF THE BOUNDARIES OF THE FIVE DISTRICTS ,3 |
---|
425 | 425 | | THE THREE INCUMBENT COMMISSIONERS SHALL SERVE THE NEWLY4 |
---|
426 | 426 | | CREATED DISTRICTS IN WHICH THEY RESIDE ;5 |
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427 | 427 | | (III) I |
---|
428 | 428 | | F MORE THAN ONE INCUMBENT COMMISSIONER RESIDES6 |
---|
429 | 429 | | WITHIN THE BOUNDARIES OF THE SAME NEWLY CREATED DISTRICT , THOSE7 |
---|
430 | 430 | | COMMISSIONERS SHALL DETERMINE BY LOT WHICH OF THEM WILL SERVE8 |
---|
431 | 431 | | THAT DISTRICT. THE REMAINING COMMISSIONER OR COMMISSIONERS9 |
---|
432 | 432 | | SHALL THEN DETERMINE BY LOT WHICH OF THEM WILL SERVE THE10 |
---|
433 | 433 | | REMAINING DISTRICTS.11 |
---|
434 | 434 | | (IV) T |
---|
435 | 435 | | HE COUNTY CLERK AND RECORDER SHALL ESTABLISH THE12 |
---|
436 | 436 | | TIME, PLACE, AND MANNER IN WHICH THE LOTS ARE CONDUCTED AND13 |
---|
437 | 437 | | SHALL DECLARE THE OFFICIAL RESULTS OF THE LOTS IMMEDIATELY14 |
---|
438 | 438 | | THEREAFTER.15 |
---|
439 | 439 | | (b) I |
---|
440 | 440 | | F THE FIRST GENERAL ELECTION AFTER THE ADOPTION OF THE16 |
---|
441 | 441 | | RANKED CHOICE VOTING MET HOD OF ELECTION SET FORTH IN THIS17 |
---|
442 | 442 | | SUBSECTION (7) IS HELD IN 2036 OR ANY FOURTH YEAR THEREAFTER , TWO18 |
---|
443 | 443 | | MEMBERS SHALL BE ELECTED AT LARGE TO FOUR -YEAR TERMS AT THAT19 |
---|
444 | 444 | | GENERAL ELECTION, ONE MEMBER SHALL BE ELECTED AT LARGE TO FILL20 |
---|
445 | 445 | | THE VACANCY UNTIL THE NEXT GENERAL ELECTION , AND THREE MEMBERS21 |
---|
446 | 446 | | SHALL BE ELECTED AT LARGE TO FOUR -YEAR TERMS AT THE NEXT22 |
---|
447 | 447 | | GENERAL ELECTION. THEREAFTER, TWO MEMBERS SHALL BE ELECTED AT23 |
---|
448 | 448 | | LARGE AT THE GENERAL ELECTIONS THAT OCCUR EVERY FOUR YEARS24 |
---|
449 | 449 | | AFTER THE FIRST GENERAL ELECTION FOLLOWING THE ADOPTION OF THE25 |
---|
450 | 450 | | RANKED CHOICE VOTING METHOD OF ELECTION , AND THREE MEMBERS26 |
---|
451 | 451 | | SHALL BE ELECTED AT LARGE AT THE GENERAL ELECTIONS THAT OCCUR27 |
---|
452 | 452 | | HB25-1265 |
---|
453 | 453 | | -14- EVERY FOUR YEARS AFTER THE GENERAL ELECTION THAT OCCURS TWO1 |
---|
454 | 454 | | YEARS AFTER THE FIRST GENERAL ELECTION FOLLOWING THE ADOPTION OF2 |
---|
455 | 455 | | THE RANKED CHOICE VOTING METHOD OF ELECTION .3 |
---|
456 | 456 | | (c) I |
---|
457 | 457 | | F THE FIRST GENERAL ELECTION AFTER THE ADOPTION OF THE4 |
---|
458 | 458 | | RANKED CHOICE VOTING METHOD OF ELECTION SET FORTH IN THIS5 |
---|
459 | 459 | | SUBSECTION (7) IS HELD IN 2038 OR ANY FOURTH YEAR THEREAFTER ,6 |
---|
460 | 460 | | THREE MEMBERS SHALL BE ELECTED AT LARGE TO FOUR -YEAR TERMS AT7 |
---|
461 | 461 | | THAT ELECTION, ONE MEMBER SHALL BE ELECTED AT LARGE TO FILL THE8 |
---|
462 | 462 | | VACANCY UNTIL THE NEXT GENERAL ELECTION , AND TWO MEMBERS SHALL9 |
---|
463 | 463 | | BE ELECTED AT LARGE TO FOUR -YEAR TERMS AT THE NEXT GENERAL10 |
---|
464 | 464 | | ELECTION. THEREAFTER, THREE MEMBERS SHALL BE ELECTED AT LARGE11 |
---|
465 | 465 | | AT THE GENERAL ELECTIONS THAT OCCUR EVERY FOUR YEARS AFTER THE12 |
---|
466 | 466 | | FIRST GENERAL ELECTION FOLLOWING THE ADOPTION OF THE R ANKED13 |
---|
467 | 467 | | CHOICE VOTING METHOD OF ELECTION , AND TWO MEMBERS SHALL BE14 |
---|
468 | 468 | | ELECTED AT LARGE AT THE GENERAL ELECTIONS THAT OCCUR EVERY FOUR15 |
---|
469 | 469 | | YEARS AFTER THE GENERAL ELECTION THAT OCCURS TWO YEARS AFTER16 |
---|
470 | 470 | | THE FIRST GENERAL ELECTION FOLLOWING THE ADOPTION OF THE RANKED17 |
---|
471 | 471 | | CHOICE VOTING METHOD OF ELECTION .18 |
---|
472 | 472 | | (d) P |
---|
473 | 473 | | RIOR TO MARCH 1 OF AN ELECTION YEAR, THE BOARD OF19 |
---|
474 | 474 | | COUNTY COMMISSIONERS SHALL DESIGNATE THE AT -LARGE POSITION20 |
---|
475 | 475 | | FROM WHICH A COMMISSIONER IS TO BE ELECTED TO A TWO -YEAR TERM TO21 |
---|
476 | 476 | | FILL A VACANCY DESCRIBED IN SUBSECTION (7)(b) OR (7)(c) OF THIS22 |
---|
477 | 477 | | SECTION.23 |
---|
478 | 478 | | (e) I |
---|
479 | 479 | | F THERE ARE FIVE INCUMBENT COMMISSIONERS RESIDENT IN24 |
---|
480 | 480 | | FIVE DISTRICTS, THE COMMISSIONERS ARE SUBJECT TO ELECTION AS SET25 |
---|
481 | 481 | | FORTH IN SUBSECTIONS (7)(b) TO (7)(d) OF THIS SECTION.26 |
---|
482 | 482 | | (8) A |
---|
483 | 483 | | LL PROCEEDINGS BY A BOARD OF COUNTY COMMISSIONERS IN27 |
---|
484 | 484 | | HB25-1265 |
---|
485 | 485 | | -15- ELECTING FIVE COUNTY COMMISSIONERS IN A MANNER CONSISTENT WITH1 |
---|
486 | 486 | | SUBSECTIONS (5), (6), OR (7) OF THIS SECTION ARE CONFIRMED AND2 |
---|
487 | 487 | | VALIDATED.3 |
---|
488 | 488 | | (9) S |
---|
489 | 489 | | UBJECT TO REFERRAL AS PROVIDED IN THIS SUBSECTION (9),4 |
---|
490 | 490 | | A BOARD OF COUNTY COMMISSIONERS IN A C OUNTY HAVING A POPULATION5 |
---|
491 | 491 | | OF TWO HUNDRED FIFTY THOUSAND OR MORE MAY PASS A RESOLUTION6 |
---|
492 | 492 | | CHANGING THE METHOD OF ELECTING THE MEMBERS OF THE BOARD . THE7 |
---|
493 | 493 | | RESOLUTION MUST BE REFERRED TO THE REGISTERED ELECTORS OF THE8 |
---|
494 | 494 | | COUNTY AT A GENERAL ELECTION. THE RESOLUTION MUST DESIGNATE THE9 |
---|
495 | 495 | | THREE ALTERNATIVE METHODS OF ELECTING FIVE COUNTY10 |
---|
496 | 496 | | COMMISSIONERS SET FORTH IN SUBSECTIONS (5), (6), AND (7) OF THIS11 |
---|
497 | 497 | | SECTION. IF A MAJORITY OF VOTES ARE CAST IN FAVOR OF THE12 |
---|
498 | 498 | | RESOLUTION, THE BOARD OF COUNTY COMMISSIONERS SHALL TAKE ACTION13 |
---|
499 | 499 | | TO ENSURE THAT COUNTY COMMISSIONERS ARE ELECTED AT THE NEXT14 |
---|
500 | 500 | | GENERAL ELECTION ACCORDING TO THE METHOD OF ELECTION CONTAINED15 |
---|
501 | 501 | | IN THE REFERRED RESOLUTION THAT RECEIVED THE LARGEST NUMBER OF16 |
---|
502 | 502 | | VOTES CAST.17 |
---|
503 | 503 | | (10) (a) I |
---|
504 | 504 | | N THE ALTERNATIVE, A PETITION SIGNED BY AT LEAST18 |
---|
505 | 505 | | EIGHT PERCENT OF THE TOTAL NUMBER OF QUALIFIED ELECTORS OF A19 |
---|
506 | 506 | | COUNTY VOTING FOR ALL CANDIDATES FOR THE OFFICE OF SECRETARY OF20 |
---|
507 | 507 | | STATE AT THE LAST PRECEDING GENERAL ELECTION IS SUFFICIENT TO21 |
---|
508 | 508 | | PLACE ON THE BALLOT AT A GENERAL ELECTION THE QUESTION OF22 |
---|
509 | 509 | | WHETHER TO CHANGE THE METHOD OF ELECTING FIVE COUNTY23 |
---|
510 | 510 | | COMMISSIONERS. THE PETITION MUST SPECIFY THE PROPOSED METHOD OF24 |
---|
511 | 511 | | ELECTION IN ACCORDANCE WITH SUBSECTION (5), (6), OR (7) OF THIS25 |
---|
512 | 512 | | SECTION AND MUST BE DELIVERED TO THE COUNTY CLERK AND RECORDER26 |
---|
513 | 513 | | PRIOR TO THE NINETIETH DAY BEFORE THE NEXT GENERAL ELECTION WITH27 |
---|
514 | 514 | | HB25-1265 |
---|
515 | 515 | | -16- A REQUEST THAT THE QUESTION BE PLACED ON THE BALLOT FOR REFERRAL1 |
---|
516 | 516 | | TO THE REGISTERED ELECTORS OF THE COUNTY AT THE NEXT GENERAL2 |
---|
517 | 517 | | ELECTION.3 |
---|
518 | 518 | | (b) I |
---|
519 | 519 | | F A MAJORITY OF THE VOTES CAST ARE IN FAVOR OF CHANGING4 |
---|
520 | 520 | | THE METHOD OF ELECTION, IN ACCORDANCE WITH SUBSECTION (5), (6), OR5 |
---|
521 | 521 | | (7) |
---|
522 | 522 | | OF THIS SECTION, THE BOARD OF COUNTY COMMISSIONERS SHALL TAKE6 |
---|
523 | 523 | | ACTION TO ENSURE THAT COUNTY COMMISSIONERS ARE ELECTED AT THE7 |
---|
524 | 524 | | NEXT GENERAL ELECTION ACCORDING TO THE METHOD OF ELECTION8 |
---|
525 | 525 | | SELECTED BY THE VOTERS PURSUANT TO THIS SUBSECTION (10).9 |
---|
526 | 526 | | SECTION 6. In Colorado Revised Statutes, 1-4-801, amend10 |
---|
527 | 527 | | (2)(a); and add (2)(g) and (2)(h) as follows:11 |
---|
528 | 528 | | 1-4-801. Designation of party candidates by petition. (2) The12 |
---|
529 | 529 | | signature requirements for the petition are as follows:13 |
---|
530 | 530 | | (a) Every petition in the case of a candidate for any county office14 |
---|
531 | 531 | | must be signed by electors eligible to vote within the county15 |
---|
532 | 532 | | commissioner district or political subdivision for which the officer is to16 |
---|
533 | 533 | | be elected. Except as otherwise provided in subsection (2)(e) |
---|
534 | 534 | | 17 |
---|
535 | 535 | | SUBSECTIONS (2)(e) AND (2)(g) of this section, the petition requires the18 |
---|
536 | 536 | | lesser of one thousand signers or signers equal in number to ten percent19 |
---|
537 | 537 | | of the votes cast in the political subdivision at the contested or20 |
---|
538 | 538 | | uncontested primary election for the political party's candidate for the21 |
---|
539 | 539 | | office for which the petition is being circulated or, if there was no primary22 |
---|
540 | 540 | | election, at the last preceding general election for which there was a23 |
---|
541 | 541 | | candidate for the office. Notwithstanding any other provision of law, an24 |
---|
542 | 542 | | unaffiliated elector is not eligible to sign a petition for a candidate of a25 |
---|
543 | 543 | | major political party.26 |
---|
544 | 544 | | (g) W |
---|
545 | 545 | | HEN A COUNTY HAVING A POPULATION OF TWO HUNDRED27 |
---|
546 | 546 | | HB25-1265 |
---|
547 | 547 | | -17- FIFTY THOUSAND OR MORE CHANGES THE MEMBERSHIP OF THE BOARD OF1 |
---|
548 | 548 | | COUNTY COMMISSIONERS FROM THREE TO FIVE MEMBERS TO COMPLY WITH2 |
---|
549 | 549 | | SECTIONS 1-4-205 AND 30-10-306.8, FOR THE NEXT TWO PRIMARY3 |
---|
550 | 550 | | ELECTIONS IMMEDIATELY FOLLOWING THE CHANGE , THE SIGNATURE4 |
---|
551 | 551 | | REQUIREMENTS FOR THE PETITION ARE AS FOLLOWS :5 |
---|
552 | 552 | | (I) T |
---|
553 | 553 | | HE DETERMINATION OF THE REQUIRED NUMBER OF SIGNERS6 |
---|
554 | 554 | | MUST BEGIN WITH A CALCULATION OF THE AVERAGE OF ALL VOTES CAST7 |
---|
555 | 555 | | IN EACH COMMISSIONER DISTRICT IN THE COUNTY DURING THE PRIOR TWO8 |
---|
556 | 556 | | CONTESTED OR UNCONTESTED PRIMARY ELECTIONS FOR THE POLITICAL9 |
---|
557 | 557 | | PARTY'S CANDIDATES IN THE COUNTY COMMISSIONER DISTRICTS THAT10 |
---|
558 | 558 | | HELD A PRIMARY ELECTION IN EITHER OF THOSE ELECTIONS . UPON A11 |
---|
559 | 559 | | DETERMINATION OF THE AVERAGE , THAT NUMBER MUST THEN BE DIVIDED12 |
---|
560 | 560 | | BY THE TOTAL NUMBER OF COMMISSIONER DISTRICTS IN THE COUNTY13 |
---|
561 | 561 | | WHERE COMMISSIONERS ARE VOTED ON ONLY BY THE ELECTORS RESIDING14 |
---|
562 | 562 | | IN THE DISTRICT. AFTER COMPLETING THIS CALCULATION, EVERY PETITION15 |
---|
563 | 563 | | MUST REQUIRE THE LESSER OF ONE THOUSAND SIGNERS OR A NUMBER16 |
---|
564 | 564 | | EQUAL TO TEN PERCENT OF THE NUMBER REALIZED .17 |
---|
565 | 565 | | (II) |
---|
566 | 566 | | IF NO PRIMARY ELECTION WAS HELD IN EITHER YEAR , THE18 |
---|
567 | 567 | | CALCULATION MUST BE BASED ON THE MOST RECENT PRECEDING GENERAL19 |
---|
568 | 568 | | ELECTION FOR WHICH THE PARTY HAD A CANDIDATE ON THE BALLOT , AND20 |
---|
569 | 569 | | EVERY PETITION MUST REQUIRE SIGNERS EQUAL IN NUMBER TO THE21 |
---|
570 | 570 | | FOLLOWING CALCULATION :22 |
---|
571 | 571 | | (A) T |
---|
572 | 572 | | WENTY PERCENT OF THE AVERAGE OF ALL VOTES CAST FOR23 |
---|
573 | 573 | | THE POLITICAL PARTY'S CANDIDATES FOR COMMISSIONER IN EACH24 |
---|
574 | 574 | | COMMISSIONER DISTRICT IN WHICH THE PARTY HAD A CANDIDATE ON THE25 |
---|
575 | 575 | | BALLOT; AND26 |
---|
576 | 576 | | (B) D |
---|
577 | 577 | | IVIDE THE NUMBER FOUND IN SUBSECTION (2)(g)(II)(A) OF27 |
---|
578 | 578 | | HB25-1265 |
---|
579 | 579 | | -18- THIS SECTION BY THE TOTAL NUMBER OF COMMISSIONER DISTRICTS IN THE1 |
---|
580 | 580 | | COUNTY WHERE COMMISSIONERS ARE VOTED ON ONLY BY THE ELECTORS2 |
---|
581 | 581 | | RESIDENT IN THE DISTRICT; AND3 |
---|
582 | 582 | | (h) F |
---|
583 | 583 | | OLLOWING THE FIRST TWO PRIMARY ELECTIONS CONDUCTED4 |
---|
584 | 584 | | AFTER A CHANGE IN THE MEMBERSHIP OF THE BOARD OF C OUNTY5 |
---|
585 | 585 | | COMMISSIONERS PURSUANT TO SECTIONS 1-4-205 AND 30-10-306.8, IN6 |
---|
586 | 586 | | ACCORDANCE WITH THE REQUIREMENTS OF SUBSECTION (2)(g) OF THIS7 |
---|
587 | 587 | | SECTION, THE SIGNATURE REQUIREMENTS FOR A PETITION FOR A COUNTY8 |
---|
588 | 588 | | COMMISSIONER CANDIDATE WHO IS AFFILIATED WITH A MAJOR POLITICAL9 |
---|
589 | 589 | | PARTY MUST FOLLOW THE PROCEDURES SPECIFIED IN SUBSECTION (2)(a)10 |
---|
590 | 590 | | OF THIS SECTION.11 |
---|
591 | 591 | | SECTION 7. In Colorado Revised Statutes, 1-4-802, amend (3);12 |
---|
592 | 592 | | and add (4) and (5) as follows:13 |
---|
593 | 593 | | 1-4-802. Petitions for nominating minor political party and14 |
---|
594 | 594 | | unaffiliated candidates for a partisan office. (3) Following the first15 |
---|
595 | 595 | | two general elections that are conducted after a change in the membership16 |
---|
596 | 596 | | of the board of county commissioners pursuant to section 30-10-306.5 or17 |
---|
597 | 597 | | 30-10-306.7, C.R.S., |
---|
598 | 598 | | the signature requirements for a petition for a county18 |
---|
599 | 599 | | commissioner candidate who does not wish to affiliate with a major19 |
---|
600 | 600 | | political party must follow the procedures specified in subparagraph (VI)20 |
---|
601 | 601 | | of paragraph (c) of subsection (1) SUBSECTION (1)(c)(VII) of this section.21 |
---|
602 | 602 | | (4) W |
---|
603 | 603 | | HEN A COUNTY HAVING A POPULATION OF TWO HUNDRED22 |
---|
604 | 604 | | FIFTY THOUSAND OR MORE CHANGES THE MEMBERSHIP OF THE BOARD OF23 |
---|
605 | 605 | | COUNTY COMMISSIONERS FROM THREE TO FIVE MEMBERS TO COMPLY WITH24 |
---|
606 | 606 | | SECTIONS 1-4-205 AND 30-10-306.8, FOR THE NEXT TWO GENERAL25 |
---|
607 | 607 | | ELECTIONS IMMEDIATELY FOLLOWING THE CHANGE , EVERY PETITION TO26 |
---|
608 | 608 | | SELECT CANDIDATES WHO DO NOT WISH TO AFFILIATE WITH A MAJOR27 |
---|
609 | 609 | | HB25-1265 |
---|
610 | 610 | | -19- POLITICAL PARTY MUST REQUIRE SIGNERS EQUAL IN NUMBER TO THE1 |
---|
611 | 611 | | LESSER OF EITHER:2 |
---|
612 | 612 | | (a) S |
---|
613 | 613 | | EVEN HUNDRED FIFTY SIGNERS; OR3 |
---|
614 | 614 | | (b) T |
---|
615 | 615 | | HE NUMBER REALIZED BY FIRST DETERMINING TWO PERCENT4 |
---|
616 | 616 | | OF THE AVERAGE OF ALL VOTES CAST IN EACH COUNTY COMMISSIONER5 |
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617 | 617 | | DISTRICT FOR WHICH THERE WAS A RACE ON THE BALLOT DURING THE6 |
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618 | 618 | | MOST RECENT GENERAL ELECTION , AND THEN DIVIDING THAT NUMBER BY7 |
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619 | 619 | | THE TOTAL NUMBER OF COMMISSIONER DISTRICTS IN THE COUNTY WHERE8 |
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620 | 620 | | COMMISSIONERS ARE VOTED ON ONLY BY THE ELECTORS RESIDENT IN A9 |
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621 | 621 | | DISTRICT.10 |
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622 | 622 | | (5) F |
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623 | 623 | | OLLOWING THE FIRST TWO GENERAL ELECTIONS CONDUCTED11 |
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624 | 624 | | AFTER A CHANGE IN THE MEMBERSHIP OF THE BOARD OF COUNTY12 |
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625 | 625 | | COMMISSIONERS PURSUANT TO SECTIONS 1-4-205 AND 30-10-306.8, THE13 |
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626 | 626 | | SIGNATURE REQUIREMENTS FOR A PETITION FOR A COUNTY COMMISSIONER14 |
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627 | 627 | | CANDIDATE WHO DOES NOT WISH TO AFFILIATE WITH A MAJOR POLITICAL15 |
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628 | 628 | | PARTY MUST FOLLOW THE PROCEDURES SPECIFIED IN SUBSECTION16 |
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629 | 629 | | (1)(c)(VII) |
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630 | 630 | | OF THIS SECTION.17 |
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631 | 631 | | SECTION 8. Act subject to petition - effective date. This act18 |
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632 | 632 | | takes effect at 12:01 a.m. on the day following the expiration of the19 |
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633 | 633 | | ninety-day period after final adjournment of the general assembly; except20 |
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634 | 634 | | that, if a referendum petition is filed pursuant to section 1 (3) of article V21 |
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635 | 635 | | of the state constitution against this act or an item, section, or part of this22 |
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636 | 636 | | act within such period, then the act, item, section, or part will not take23 |
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637 | 637 | | effect unless approved by the people at the general election to be held in24 |
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638 | 638 | | November 2026 and, in such case, will take effect on the date of the25 |
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639 | 639 | | official declaration of the vote thereon by the governor.26 |
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640 | 640 | | HB25-1265 |
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641 | 641 | | -20- |
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