First Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 25-0571.02 Jason Gelender x4330
HOUSE BILL 25-1265
House Committees Senate Committees
State, Civic, Military, & Veterans Affairs
A BILL FOR AN ACT
C
ONCERNING THE MODIFICATI ON OF COUNTY COMMISSIONER101
ELECTIONS.102
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
Currently, 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, in which case the county may be divided into 3 or 5
districts, and the commissioners may be elected pursuant to numerous
HOUSE SPONSORSHIP
Marshall,
SENATE SPONSORSHIP
Liston and Weissman,
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. methods, including by district or at large or by some combination of both
methods.
The bill modifies this discretionary system for any county with a
population of 250,000 or more by requiring each such county to have 5
commissioners and 5 districts and to choose one of the following 3
methods for their election:
! 5 commissioners resident in 5 districts elected only by
voters resident in those districts;
! 3 commissioners resident in 3 districts elected only by
voters resident in those districts and 2 commissioners
elected at large; or
! 5 commissioners elected at large using the proportional
ranked voting method known as the single transferable vote
method.
The bill makes conforming amendments to statutory provisions
concerning commissioner district and election petition statutes.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 1-4-205, amend (3);2
and add (4) as follows:3
1-4-205. County commissioners. (3) (a) In each county having4
a population of seventy thousand or more
BUT FEWER THAN TWO5
HUNDRED FIFTY THOUSAND , the board of county commissioners may6
consist either of three members, any two of whom shall
constitute a7
quorum for the transaction of business, or of five members, any three of8
whom shall constitute a quorum for the transaction of business.9
(b) If the board consists of three commissioners, they shall be10
elected as provided in subsection (2) of this section and as provided in11
section 30-10-306.7 (5). C.R.S.12
(c) In any county having a population of seventy thousand or more13
BUT FEWER THAN TWO HUNDRED FIFTY THOUSAND , the membership of the14
board of county commissioners may be increased from three to five15
members pursuant to section 30-10-306.5, C.R.S.,
or decreased from five16
HB25-1265-2- to three members pursuant to section 30-10-306.7 (2)(a)(II). C.R.S.1
(4) I
N EACH COUNTY HAVING A POPULATION OF TWO HUNDRED2
FIFTY THOUSAND OR MORE , THE BOARD OF COUNTY COMMISSIONERS3
CONSISTS OF FIVE COMMISSIONERS, ANY THREE OF WHOM CONSTITUTE A4
QUORUM FOR THE TRANSACTION OF BUSINESS . THE FIVE COUNTY5
COMMISSIONERS MUST BE ELECTED AS PROVIDED IN SECTION 30-10-306.86
(5),
(6), OR (7).7
SECTION 2. In Colorado Revised Statutes, 30-10-306, amend8
(1) and (2); and add (2.5) as follows:9
30-10-306. Commissioners' districts - vacancies - definitions.10
(1) Each county
HAVING A POPULATION OF LESS THAN SEVENTY11
THOUSAND AND EACH COUNTY HAVING A POPULATION OF SEVENTY12
THOUSAND OR MORE BUT LESS THAN TWO HUNDRED FIFTY THOUSAND13
THAT HAS NOT CHOSEN TO INCREASE THE MEMBERS OF THE BOARD OF14
COUNTY COMMISSIONERS FROM THREE TO FIVE AS AUTHORIZED BY15
SECTIONS 1-4-205 (3)(c) AND 30-10-306.5 must be divided into three16
compact districts by the board of county commissioners. Each district17
must be as nearly equal in population as possible based on the18
redistricting population data prepared by staff of the legislative council19
and office of legislative legal services, or any successor offices, in20
accordance with section 2-2-902. In no event shall
There SHALL NOT be21
more than five percent deviation between the most populous and the least22
populous district in each county, at the time such district boundaries are23
adopted. Each district must be numbered consecutively and must not be24
subject to alteration more often than once every two years. One county25
commissioner must be elected from each of such districts DISTRICT by the26
voters of the whole county. If any county commissioner, during his or her27
HB25-1265
-3- THE COMMISSIONER'S term of office, moves from the district in which he1
or she THE COMMISSIONER resided when elected, his or her THE2
COMMISSIONER'S office thereupon becomes vacant. All proceedings by the3
board of county commissioners in formation of such districts not4
inconsistent with this section are confirmed and validated.5
(2) Each county having a population of seventy thousand or more6
BUT FEWER THAN TWO HUNDRED FIFTY THOUSAND that has chosen to7
increase the members of the board of county commissioners from three8
to five
AS AUTHORIZED BY SECTIONS 1-4-205 (3)(c) AND 30-10-306.5 must9
be divided into three or five districts by the board of county10
commissioners according to the method of election described in section11
30-10-306.5 (5) or (6) or section 30-10-306.7. When applicable, the board12
of county commissioners shall divide the county into districts in13
accordance with the final redistricting plan approved in accordance with14
section 30-10-306.4. The districts must be as nearly equal in population15
as possible based on the redistricting population data prepared by staff of16
the legislative council and office of legislative legal services, or any17
successor offices, in accordance with section 2-2-902. In no event shall
18
There
SHALL NOT be more than five percent deviation between the most19
populous and the least populous district in each county, at the time such20
district boundaries are adopted. Each district must be numbered21
consecutively and is not subject to alteration more often than once every22
two years; except that, notwithstanding subsection (3) of this section, the23
board may alter the districts to conform to precinct boundaries that are24
changed in accordance with section 1-5-103 (1), based on the division of25
the state into congressional districts or an approved plan for redistricting26
of the members of the general assembly when necessary to ensure that no27
HB25-1265
-4- precinct is located in more than one district. County commissioners are1
elected at large or from districts according to the method of election2
described in section 30-10-306.5 (5) or (6) or section 30-10-306.7. If any3
county commissioner required to be resident in a district moves during his4
or her THE COMMISSIONER'S term of office from the district in which he or5
she THE COMMISSIONER resided when elected, his or her THE6
COMMISSIONER'S office thereupon becomes vacant. All proceedings by the7
board of county commissioners in formation of such districts not8
inconsistent with this section are confirmed and validated.9
(2.5) E
ACH COUNTY HAVING A POPULATION OF TWO HUNDRED10
FIFTY THOUSAND OR MORE MUST BE DIVIDED INTO FIVE DISTRICTS . WHEN11
APPLICABLE, THE BOARD OF COUNTY COMMISSIONERS SHALL DIVIDE THE12
COUNTY INTO DISTRICTS IN ACCORDANCE WITH THE FINAL REDISTRICTING13
PLAN APPROVED IN ACCORDANCE WITH SECTION 30-10-306.4. THE14
DISTRICTS MUST BE AS NEARLY EQUAL IN POPULATION AS POSSIBLE BASED15
ON THE REDISTRICTING POPULATION DATA PREPARED BY STAFF OF THE16
LEGISLATIVE COUNCIL AND OFFICE OF LEGISLATIVE LEGAL SERVICES , OR17
ANY SUCCESSOR OFFICES, IN ACCORDANCE WITH SECTION 2-2-902. THERE18
SHALL NOT BE MORE THAN FIVE PERCENT DEVIATION BETWEEN THE MOST19
POPULOUS AND THE LEAST POPULOUS DISTRICT IN EACH COUNTY AT THE20
TIME THAT DISTRICT BOUNDARIES ARE ADOPTED . EACH DISTRICT MUST BE21
NUMBERED CONSECUTIVELY AND IS NOT SUBJECT TO ALTERATION MORE22
OFTEN THAN ONCE EVERY TWO YEARS ; EXCEPT THAT, NOTWITHSTANDING23
SUBSECTION (3) OF THIS SECTION, THE BOARD MAY ALTER THE DISTRICTS24
TO CONFORM TO PRECINCT BOUNDARIES THAT ARE CHANGED IN25
ACCORDANCE WITH SECTION 1-5-103 (1) BASED ON THE DIVISION OF THE26
STATE INTO CONGRESSIONAL DISTRICTS OR AN APPROVED PLAN FOR27
HB25-1265
-5- REDISTRICTING OF THE MEMBERS OF THE GENERAL ASSEMBLY WHEN1
NECESSARY TO ENSURE THAT NO PRECINCT IS LOCATED IN MORE THAN ONE2
DISTRICT. COUNTY COMMISSIONERS ARE ELECTED ACCORDING TO THE3
METHOD OF ELECTION DESCRIBED IN SECTION 30-10-306.8 (5), (6), OR (7).4
I
F ANY COUNTY COMMISSIONER REQUIRED TO BE RESIDENT IN A DISTRICT5
MOVES DURING THE COMMISSIONER 'S TERM OF OFFICE FROM THE DISTRICT6
IN WHICH THE COMMISSIONER RESIDED WHEN ELECTED , THE7
COMMISSIONER'S OFFICE BECOMES VACANT. ALL PROCEEDINGS BY THE8
BOARD OF COUNTY COMMISSIONERS IN FORMATION OF SUCH DISTRICTS9
NOT INCONSISTENT WITH THIS SECTION ARE CONFIRMED AND VALIDATED .10
SECTION 3. In Colorado Revised Statutes, 30-10-306.5, amend11
(1) as follows:12
30-10-306.5. Procedure to increase number of county13
commissioners. (1) In any county having a population of seventy14
thousand or more
BUT FEWER THAN TWO HUNDRED FIFTY THOUSAND , the15
membership of the board of county commissioners may be increased from16
three to five members pursuant to this section.17
SECTION 4. In Colorado Revised Statutes, 30-10-306.7, amend18
(1) as follows:19
30-10-306.7. Procedure for electing county commissioners.20
(1) In any county having a population of seventy thousand or more
BUT21
FEWER THAN TWO HUNDRED FIFTY THOUSAND , which has increased the22
membership of the board of county commissioners to five pursuant to23
sections 1-4-205 (3)(a) C.R.S.,
and 30-10-306.5, the registered electors24
may, either by referendum or by initiative, change the method of electing25
said members or reduce the membership of the board of county26
commissioners to three, pursuant to the procedures in this section. 27
HB25-1265
-6- SECTION 5. In Colorado Revised Statutes, add 30-10-306.8 as1
follows:2
30-10-306.8. Requirement for five county commissioners in a3
county with a population of two hundred fifty thousand or more -4
elections - redistricting. (1) I
N ANY COUNTY HAVING A POPULATION OF5
TWO HUNDRED FIFTY THOUSAND OR MORE , THE MEMBERSHIP OF THE6
BOARD OF COUNTY COMMISSIONERS CONSISTS OF FIVE MEMBERS ELECTED7
PURSUANT TO THIS SECTION.8
(2) I
F, ON OR AFTER JANUARY 1, 2032, A COUNTY HAVING A9
POPULATION OF TWO HUNDRED FIFTY THOUSAND OR MORE HAS FEWER10
THAN FIVE COUNTY COMMISSIONERS , THE BOARD OF COUNTY11
COMMISSIONERS SHALL ADOPT A RESOLUTION C HANGING ITS MEMBERSHIP12
TO FIVE MEMBERS. THE BOARD OF COUNTY COMMISSIONERS SHALL PASS13
THE RESOLUTION NO LATER THAN ITS FIRST REGULARLY SCHEDULED14
MEETING IN CALENDAR YEAR 2032 OR ITS FIRST REGULARLY SCHEDULED15
MEETING IN THE MONTH FOLLOWING AN INCREASE IN THE COUNTY 'S16
POPULATION, AS DEFINED IN SECTION 30-10-306 (6)(f), TO TWO HUNDRED17
FIFTY THOUSAND OR MORE.18
(3) (a) I
N ANY COUNTY HAVING A POPULATION OF TWO HUNDRED19
FIFTY THOUSAND OR MORE , THE BOARD OF COUNTY COMMISSIONERS20
SHALL ADOPT A RESOLUTION DESIGNATING THE THREE ALTERNATIVE21
METHODS OF ELECTING FIVE COUNTY COMMISSIONERS SET FORTH IN22
SUBSECTIONS (5), (6), AND (7) OF THIS SECTION. THE BOARD OF COUNTY23
COMMISSIONERS SHALL PASS THE RESOLUTION NO LATER THAN ITS FIRST24
REGULARLY SCHEDULED MEETING IN CALENDAR YEAR 2032 OR ITS FIRST25
REGULARLY SCHEDULED MEETING IN THE MONTH FOLLOWING AN26
INCREASE IN THE COUNTY 'S POPULATION, AS DEFINED IN SECTION27
HB25-1265
-7- 30-10-306 (6)(f), TO TWO HUNDRED FIFTY THOUSAND OR MORE .1
(b) T
HE RESOLUTION REQUIRED BY SUBSECTION (3)(a) OF THIS2
SECTION SHALL BE REFERRED TO THE REGISTERED ELECTORS OF THE3
COUNTY AT THE FIRST GENERAL ELECTION FOLLOWING ITS ADOPTION SO4
THAT THE VOTERS MAY CHOOSE WHICH OF THE THREE ALTERNATIVE5
METHODS OF ELECTING FIVE COUNTY COMMISSIONERS THEY PREFER .6
T
HEREAFTER, THE BOARD OF COUNTY COMMISSIONERS SHALL TAKE7
ACTION TO ENSURE THAT COUNTY COMMISSIONERS ARE ELECTED AT THE8
NEXT GENERAL ELECTION ACCORDING TO THE METHOD OF ELECTION9
CONTAINED IN THE REFERRED RESOLUTION THAT RECEIVED THE LARGEST10
NUMBER OF VOTES CAST.11
(c) A
COUNTY HAVING A POPULATION OF TWO HUNDRED FIFTY12
THOUSAND OR MORE THAT, BEFORE OR AS OF JANUARY 1, 2032, ALREADY13
ELECTS FIVE COUNTY COMMISSIONERS ACCORDING TO ONE OF THE THREE14
ALTERNATIVE METHODS OF ELECTION SET FORTH IN SUBSECTION (5), (6),15
OR (7) OF THIS SECTION IS NOT REQUIRED TO PASS THE RESOLUTION16
OTHERWISE REQUIRED BY SUBSECTION (3)(A) OF THIS SECTION.17
(4) I
N ANY COUNTY HAVING A POPULATION OF TWO HUNDRED18
FIFTY THOUSAND OR MORE, THE FIVE MEMBERS OF THE BOARD OF COUNTY19
COMMISSIONERS MUST BE ELECTED BY DISTRICT ONLY , AS DESCRIBED IN20
SUBSECTION (5) OF THIS SECTION, BY DISTRICT AND AT LARGE , AS21
DESCRIBED IN SUBSECTION (6) OF THIS SECTION, OR AT LARGE BY RANKED22
CHOICE VOTING, AS DESCRIBED IN SUBSECTION (7) OF THIS SECTION.23
(5) F
IVE COMMISSIONERS RESIDENT IN FIVE DISTRICTS ELECTED BY24
VOTERS RESIDENT IN THOSE DISTRICTS MUST BE ELECTED AS FOLLOWS :25
(a) (I) I
F THERE ARE THREE INCUMBENT COMMISSIONERS RESIDENT26
IN THREE DISTRICTS, THE BOARD OF COUNTY COMMISSIONERS SHALL27
HB25-1265
-8- CHANGE THE BOUNDARIES OF THE COMMISSIONERS ' DISTRICTS TO CREATE1
FIVE DISTRICTS IN ACCORDANCE WITH THE REQUIREMENTS OF SECTION2
30-10-306
(2.5) AND THE COUNTY'S FINAL REDISTRICTING PLAN APPROVED3
IN ACCORDANCE WITH SECTION 30-10-306.4;4
(II) U
PON ADOPTION OF THE BOUNDARIES OF THE FIVE DISTRICTS ,5
THE THREE INCUMBENT COMMISSIONERS SHALL SERVE THE NEWLY6
CREATED DISTRICTS IN WHICH THEY RESIDE ;7
(III) I
F MORE THAN ONE INCUMBENT COMMISSIONER RESIDES8
WITHIN THE BOUNDARIES OF THE SAME NEWLY CREATED DISTRICT , THOSE9
COMMISSIONERS SHALL DETERMINE BY LOT WHICH OF THEM WILL SERVE10
THAT DISTRICT. THE REMAINING COMMISSIONER OR COMMISSIONERS11
SHALL THEN DETERMINE BY LOT WHICH OF THEM WILL SERVE THE12
REMAINING DISTRICTS.13
(IV) T
HE COUNTY CLERK AND RECORDER SHALL ESTABLISH THE14
TIME, PLACE, AND MANNER IN WHICH THE LOTS ARE CONDUCTED AND15
SHALL DECLARE THE OFFICIAL RESULTS OF THE LOTS IMMEDIATELY16
THEREAFTER.17
(b) I
F THE FIRST GENERAL ELECTION AFTER THE ADOPTION OF THE18
DISTRICT METHOD OF ELECTION SET FORTH IN THIS SUBSECTION (5) IS HELD19
IN 2036 OR ANY FOURTH YEAR THEREAFTER , TWO MEMBERS RESIDENT IN20
DISTRICTS SHALL BE ELECTED TO FOUR-YEAR TERMS AT THAT GENERAL21
ELECTION, ONE MEMBER RESIDENT IN A DISTRICT SHALL BE ELECTED TO22
FILL THE VACANCY UNTIL THE NEXT GENERAL ELECTION , AND THREE23
MEMBERS RESIDENT IN DISTRICTS SHALL BE ELECTED TO FOUR -YEAR24
TERMS AT THE NEXT GENERAL ELECTION . THEREAFTER, TWO MEMBERS25
RESIDENT IN DISTRICTS SHALL BE ELECTED AT THE GENERAL ELECTIONS26
THAT OCCUR EVERY FOUR YEARS AFTER THE FIRST GENERAL ELECTION27
HB25-1265
-9- FOLLOWING THE ADOPTION OF THE DISTRICT METHOD OF ELECTION , AND1
THREE MEMBERS RESIDENT IN DISTRICTS SHALL BE ELECTED AT THE2
GENERAL ELECTIONS THAT OCCUR EVERY FOUR YEARS AFTER THE3
GENERAL ELECTION THAT OCCURS TWO YEARS AFTER THE FIRST GENERAL4
ELECTION FOLLOWING THE ADOPTION OF THE DISTRICT METHOD OF5
ELECTION.6
(c) I
F THE FIRST GENERAL ELECTION AFTER THE ADOPTION OF THE7
DISTRICT METHOD OF ELECTION SET FORTH IN THIS SUBSECTION (5) IS HELD8
IN 2038 OR ANY FOURTH YEAR THEREAFTER , THREE MEMBERS RESIDENT9
IN DISTRICTS SHALL BE ELECTED TO FOUR-YEAR TERMS AT THAT ELECTION,10
ONE MEMBER RESIDENT IN A DISTRICT SHALL BE ELECTED TO FILL THE11
VACANCY UNTIL THE NEXT GENERAL ELECTION , AND TWO MEMBERS12
RESIDENT IN DISTRICTS SHALL BE ELECTED TO FOUR-YEAR TERMS AT THE13
NEXT GENERAL ELECTION. THEREAFTER, THREE MEMBERS RESIDENT IN14
DISTRICTS SHALL BE ELECTED AT THE GENERAL ELECTIONS THAT OCCUR15
EVERY FOUR YEARS AFTER THE FIRST GENERAL ELECTION FOLLOWING THE16
ADOPTION OF THE DISTRICT METHOD OF ELECTION , AND TWO MEMBERS17
RESIDENT IN DISTRICTS SHALL BE ELECTED AT THE GENERAL ELECTIONS18
THAT OCCUR EVERY FOUR YEARS AFTER THE GENERAL ELECTION THAT19
OCCURS TWO YEARS AFTER THE FIRST GENERAL ELECTION FOLLOWING THE20
ADOPTION OF THE DISTRICT METHOD OF ELECTION .21
(d) P
RIOR TO MARCH 1 OF AN ELECTION YEAR, THE BOARD OF22
COUNTY COMMISSIONERS SHALL DESIGNATE THE DISTRICT FROM WHICH A23
COMMISSIONER IS TO BE ELECTED TO A TWO -YEAR TERM TO FILL A24
VACANCY DESCRIBED IN SUBSECTION (5)(b) OR (5)(c) OF THIS SECTION.25
(e) I
F THERE ARE FIVE INCUMBENT COMMISSIONERS RESIDENT IN26
FIVE DISTRICTS AND ONE OR MORE COMMISSIONERS ARE ELECTED BY27
HB25-1265
-10- VOTERS OF THE WHOLE COUNTY , THE COMMISSIONERS ARE SUBJECT TO1
ELECTION AS SET FORTH IN SUBSECTIONS (5)(b) TO (5)(d) OF THIS SECTION.2
(6) T
HREE COMMISSIONERS RESIDENT IN THREE DISTRICTS ELECTED3
BY VOTERS RESIDENT IN THOSE DISTRICTS AND TWO COMMISSIONERS4
ELECTED AT LARGE MUST BE ELECTED AS FOLLOWS :5
(a) I
F THERE ARE THREE INCUMBENT COMMISSIONERS RESIDENT IN6
THREE DISTRICTS ELECTED BY VOTERS OF THE WHOLE COUNTY , SUCH7
COMMISSIONERS ARE SUBJECT TO ELECTION AS FOLLOWS :8
(I) I
F THE FIRST GENERAL ELECTION AFTER THE VOTERS' SELECTION9
OF THE METHOD OF ELECTION SET FORTH IN THIS SUBSECTION (6) IS HELD10
IN 2036 OR ANY FOURTH YEAR THEREAFTER , TWO COMMISSIONERS, ONE11
RESIDENT IN A DISTRICT AND ONE AT LARGE , SHALL BE ELECTED TO12
FOUR-YEAR TERMS AT THAT GENERAL ELECTION ; ONE AT-LARGE13
COMMISSIONER SHALL BE ELECTED TO FILL THE VACANCY UNTIL THE NEXT14
GENERAL ELECTION; AND THREE COMMISSIONERS , TWO RESIDENT IN15
DISTRICTS AND ONE AT LARGE, SHALL BE ELECTED TO FOUR-YEAR TERMS16
AT THE NEXT GENERAL ELECTION . THEREAFTER, TWO COMMISSIONERS,17
ONE RESIDENT IN A DISTRICT AND ONE AT LARGE , SHALL BE ELECTED AT18
THE GENERAL ELECTIONS THAT OCCUR EACH FOUR YEARS AFTER THE FIRST19
GENERAL ELECTION FOLLOWING THE VOTERS ' SELECTION OF THE METHOD20
OF ELECTION SET FORTH IN THIS SUBSECTION (6), AND THREE21
COMMISSIONERS, TWO RESIDENT IN DISTRICTS AND ONE AT LARGE, SHALL22
BE ELECTED AT THE GENERAL ELECTION THAT OCCURS TWO YEARS AFTER23
THE FIRST GENERAL ELECTION FOLLOWING THE VOTERS ' SELECTION OF THE24
METHOD OF ELECTION SET FORTH IN THIS SUBSECTION (6) AND EVERY25
FOURTH YEAR THEREAFTER .26
(II) I
F THE FIRST GENERAL ELECTION AFTER THE VOTERS '27
HB25-1265
-11- SELECTION OF THE METHOD OF ELECTION SET FORTH IN THIS SUBSECTION1
(6)
IS HELD IN 2038 OR ANY FOURTH YEAR THEREAFTER , TWO2
COMMISSIONERS RESIDENT IN DISTRICTS AND ONE AT -LARGE3
COMMISSIONER SHALL BE ELECTED TO FOUR -YEAR TERMS AT THAT4
GENERAL ELECTION, ONE AT-LARGE COMMISSIONER SHALL BE ELECTED TO5
FILL THE VACANCY UNTIL THE NEXT GENERAL ELECTION , AND TWO6
COMMISSIONERS, ONE RESIDENT IN A DISTRICT AND ONE AT LARGE, SHALL7
BE ELECTED TO FOUR-YEAR TERMS AT THE NEXT GENERAL ELECTION .8
T
HEREAFTER, THREE COMMISSIONERS, TWO RESIDENT IN DISTRICTS AND9
ONE AT LARGE, SHALL BE ELECTED AT THE GENERAL ELECTIONS THAT10
OCCUR EACH FOUR YEARS AFTER THE FIRST GENERAL ELECTION11
FOLLOWING THE VOTERS' SELECTION OF THE METHOD OF ELECTION SET12
FORTH IN THIS SUBSECTION (6), AND TWO COMMISSIONERS, ONE RESIDENT13
IN A DISTRICT AND ONE AT LARGE, SHALL BE ELECTED AT THE GENERAL14
ELECTION THAT OCCURS TWO YEARS AFTER THE FIRST GENERAL ELECTION15
FOLLOWING THE VOTERS' SELECTION OF THE METHOD OF ELECTION SET16
FORTH IN THIS SUBSECTION (6) AND EVERY FOURTH YEAR THEREAFTER . 17
(III) P
RIOR TO MARCH 1 OF THE ELECTION YEAR, THE BOARD OF18
COUNTY COMMISSIONERS SHALL DESIGNATE THE AT -LARGE POSITION19
FROM WHICH A COMMISSIONER IS TO BE ELECTED TO A TWO -YEAR TERM TO20
FILL A VACANCY DESCRIBED IN SUBSECTION (6)(a)(I) OR (6)(a)(II) OF THIS21
SECTION.22
(b) (I) I
F THERE ARE FIVE INCUMBENT COMMISSIONERS RESIDENT23
IN FIVE DISTRICTS, THE BOARD OF COUNTY COMMISSIONERS SHALL24
CHANGE THE BOUNDARIES OF THE COMMISSIONERS ' DISTRICTS TO CREATE25
THREE DISTRICTS IN ACCORDANCE WITH THE REQUIREMENTS OF SECTION26
30-10-306
(2) AND THE COUNTY'S FINAL REDISTRICTING PLAN APPROVED27
HB25-1265
-12- IN ACCORDANCE WITH SECTION 30-10-306.4.1
(II) U
PON ADOPTION OF THE BOUNDARIES OF THE THREE DISTRICTS2
PURSUANT TO SUBSECTION (6)(b)(I) OF THIS SECTION, IT SHALL BE3
DECIDED BY LOT WHICH OF THE FIVE INCUMBENT COMMISSIONERS SHALL4
SERVE THE THREE DISTRICTS AND WHICH COMMISSIONERS SHALL SERVE5
THE COUNTY AT LARGE.6
(III) I
F MORE THAN ONE INCUMBENT COMMISSIONER RESIDES7
WITHIN THE BOUNDARIES OF THE SAME NEWLY CREATED DISTRICT , THOSE8
COMMISSIONERS SHALL FIRST DETERMINE BY LOT WHICH OF THEM WILL9
SERVE THAT DISTRICT AND WHICH OF THEM WILL REPRESENT THE COUNTY10
AT LARGE. THE REMAINING COMMISSIONERS SHALL THEN DETERMINE BY11
LOT WHICH OF THEM WILL SERVE THE REMAINING DISTRICTS AND WHICH12
OF THEM WILL SERVE AS THE SECOND COMMISSIONER AT LARGE .13
(IV) T
HE COUNTY CLERK AND RECORDER SHALL ESTABLISH THE14
TIME, PLACE, AND MANNER IN WHICH SUCH LOTS SHALL BE CONDUCTED15
AND SHALL DECLARE THE OFFICIAL RESULTS OF SUCH LOTS IMMEDIATELY16
THEREAFTER.17
(V) T
HEREAFTER, THE METHOD OF ELECTION IN SUCH COUNTIES18
SHALL BE AS PROVIDED IN SUBSECTIONS (6)(a)(I) TO (6)(a)(III) OF THIS19
SECTION.20
(7) (a) F
IVE COMMISSIONERS ELECTED BY RANKED CHOICE VOTING21
MUST BE ELECTED AT LARGE USING THE SINGLE TRANSFERABLE VOTE22
METHOD, DESCRIBED IN SECTION 1-7-1003 (4), AS FOLLOWS:23
(I) I
F THERE ARE THREE INCUMBENT COMMISSIONERS RESIDENT IN24
THREE DISTRICTS, THE BOARD OF COUNTY COMMISSIONERS SHALL C HANGE25
THE BOUNDARIES OF THE COMMISSIONERS ' DISTRICTS TO CREATE FIVE26
DISTRICTS IN ACCORDANCE WITH THE REQUIREMENTS OF SECTION27
HB25-1265
-13- 30-10-306 (2.5) AND THE COUNTY'S FINAL REDISTRICTING PLAN APPROVED1
IN ACCORDANCE WITH SECTION 30-10-306.4;2
(II) U
PON ADOPTION OF THE BOUNDARIES OF THE FIVE DISTRICTS ,3
THE THREE INCUMBENT COMMISSIONERS SHALL SERVE THE NEWLY4
CREATED DISTRICTS IN WHICH THEY RESIDE ;5
(III) I
F MORE THAN ONE INCUMBENT COMMISSIONER RESIDES6
WITHIN THE BOUNDARIES OF THE SAME NEWLY CREATED DISTRICT , THOSE7
COMMISSIONERS SHALL DETERMINE BY LOT WHICH OF THEM WILL SERVE8
THAT DISTRICT. THE REMAINING COMMISSIONER OR COMMISSIONERS9
SHALL THEN DETERMINE BY LOT WHICH OF THEM WILL SERVE THE10
REMAINING DISTRICTS.11
(IV) T
HE COUNTY CLERK AND RECORDER SHALL ESTABLISH THE12
TIME, PLACE, AND MANNER IN WHICH THE LOTS ARE CONDUCTED AND13
SHALL DECLARE THE OFFICIAL RESULTS OF THE LOTS IMMEDIATELY14
THEREAFTER.15
(b) I
F THE FIRST GENERAL ELECTION AFTER THE ADOPTION OF THE16
RANKED CHOICE VOTING MET HOD OF ELECTION SET FORTH IN THIS17
SUBSECTION (7) IS HELD IN 2036 OR ANY FOURTH YEAR THEREAFTER , TWO18
MEMBERS SHALL BE ELECTED AT LARGE TO FOUR -YEAR TERMS AT THAT19
GENERAL ELECTION, ONE MEMBER SHALL BE ELECTED AT LARGE TO FILL20
THE VACANCY UNTIL THE NEXT GENERAL ELECTION , AND THREE MEMBERS21
SHALL BE ELECTED AT LARGE TO FOUR -YEAR TERMS AT THE NEXT22
GENERAL ELECTION. THEREAFTER, TWO MEMBERS SHALL BE ELECTED AT23
LARGE AT THE GENERAL ELECTIONS THAT OCCUR EVERY FOUR YEARS24
AFTER THE FIRST GENERAL ELECTION FOLLOWING THE ADOPTION OF THE25
RANKED CHOICE VOTING METHOD OF ELECTION , AND THREE MEMBERS26
SHALL BE ELECTED AT LARGE AT THE GENERAL ELECTIONS THAT OCCUR27
HB25-1265
-14- EVERY FOUR YEARS AFTER THE GENERAL ELECTION THAT OCCURS TWO1
YEARS AFTER THE FIRST GENERAL ELECTION FOLLOWING THE ADOPTION OF2
THE RANKED CHOICE VOTING METHOD OF ELECTION .3
(c) I
F THE FIRST GENERAL ELECTION AFTER THE ADOPTION OF THE4
RANKED CHOICE VOTING METHOD OF ELECTION SET FORTH IN THIS5
SUBSECTION (7) IS HELD IN 2038 OR ANY FOURTH YEAR THEREAFTER ,6
THREE MEMBERS SHALL BE ELECTED AT LARGE TO FOUR -YEAR TERMS AT7
THAT ELECTION, ONE MEMBER SHALL BE ELECTED AT LARGE TO FILL THE8
VACANCY UNTIL THE NEXT GENERAL ELECTION , AND TWO MEMBERS SHALL9
BE ELECTED AT LARGE TO FOUR -YEAR TERMS AT THE NEXT GENERAL10
ELECTION. THEREAFTER, THREE MEMBERS SHALL BE ELECTED AT LARGE11
AT THE GENERAL ELECTIONS THAT OCCUR EVERY FOUR YEARS AFTER THE12
FIRST GENERAL ELECTION FOLLOWING THE ADOPTION OF THE R ANKED13
CHOICE VOTING METHOD OF ELECTION , AND TWO MEMBERS SHALL BE14
ELECTED AT LARGE AT THE GENERAL ELECTIONS THAT OCCUR EVERY FOUR15
YEARS AFTER THE GENERAL ELECTION THAT OCCURS TWO YEARS AFTER16
THE FIRST GENERAL ELECTION FOLLOWING THE ADOPTION OF THE RANKED17
CHOICE VOTING METHOD OF ELECTION .18
(d) P
RIOR TO MARCH 1 OF AN ELECTION YEAR, THE BOARD OF19
COUNTY COMMISSIONERS SHALL DESIGNATE THE AT -LARGE POSITION20
FROM WHICH A COMMISSIONER IS TO BE ELECTED TO A TWO -YEAR TERM TO21
FILL A VACANCY DESCRIBED IN SUBSECTION (7)(b) OR (7)(c) OF THIS22
SECTION.23
(e) I
F THERE ARE FIVE INCUMBENT COMMISSIONERS RESIDENT IN24
FIVE DISTRICTS, THE COMMISSIONERS ARE SUBJECT TO ELECTION AS SET25
FORTH IN SUBSECTIONS (7)(b) TO (7)(d) OF THIS SECTION.26
(8) A
LL PROCEEDINGS BY A BOARD OF COUNTY COMMISSIONERS IN27
HB25-1265
-15- ELECTING FIVE COUNTY COMMISSIONERS IN A MANNER CONSISTENT WITH1
SUBSECTIONS (5), (6), OR (7) OF THIS SECTION ARE CONFIRMED AND2
VALIDATED.3
(9) S
UBJECT TO REFERRAL AS PROVIDED IN THIS SUBSECTION (9),4
A BOARD OF COUNTY COMMISSIONERS IN A C OUNTY HAVING A POPULATION5
OF TWO HUNDRED FIFTY THOUSAND OR MORE MAY PASS A RESOLUTION6
CHANGING THE METHOD OF ELECTING THE MEMBERS OF THE BOARD . THE7
RESOLUTION MUST BE REFERRED TO THE REGISTERED ELECTORS OF THE8
COUNTY AT A GENERAL ELECTION. THE RESOLUTION MUST DESIGNATE THE9
THREE ALTERNATIVE METHODS OF ELECTING FIVE COUNTY10
COMMISSIONERS SET FORTH IN SUBSECTIONS (5), (6), AND (7) OF THIS11
SECTION. IF A MAJORITY OF VOTES ARE CAST IN FAVOR OF THE12
RESOLUTION, THE BOARD OF COUNTY COMMISSIONERS SHALL TAKE ACTION13
TO ENSURE THAT COUNTY COMMISSIONERS ARE ELECTED AT THE NEXT14
GENERAL ELECTION ACCORDING TO THE METHOD OF ELECTION CONTAINED15
IN THE REFERRED RESOLUTION THAT RECEIVED THE LARGEST NUMBER OF16
VOTES CAST.17
(10) (a) I
N THE ALTERNATIVE, A PETITION SIGNED BY AT LEAST18
EIGHT PERCENT OF THE TOTAL NUMBER OF QUALIFIED ELECTORS OF A19
COUNTY VOTING FOR ALL CANDIDATES FOR THE OFFICE OF SECRETARY OF20
STATE AT THE LAST PRECEDING GENERAL ELECTION IS SUFFICIENT TO21
PLACE ON THE BALLOT AT A GENERAL ELECTION THE QUESTION OF22
WHETHER TO CHANGE THE METHOD OF ELECTING FIVE COUNTY23
COMMISSIONERS. THE PETITION MUST SPECIFY THE PROPOSED METHOD OF24
ELECTION IN ACCORDANCE WITH SUBSECTION (5), (6), OR (7) OF THIS25
SECTION AND MUST BE DELIVERED TO THE COUNTY CLERK AND RECORDER26
PRIOR TO THE NINETIETH DAY BEFORE THE NEXT GENERAL ELECTION WITH27
HB25-1265
-16- A REQUEST THAT THE QUESTION BE PLACED ON THE BALLOT FOR REFERRAL1
TO THE REGISTERED ELECTORS OF THE COUNTY AT THE NEXT GENERAL2
ELECTION.3
(b) I
F A MAJORITY OF THE VOTES CAST ARE IN FAVOR OF CHANGING4
THE METHOD OF ELECTION, IN ACCORDANCE WITH SUBSECTION (5), (6), OR5
(7)
OF THIS SECTION, THE BOARD OF COUNTY COMMISSIONERS SHALL TAKE6
ACTION TO ENSURE THAT COUNTY COMMISSIONERS ARE ELECTED AT THE7
NEXT GENERAL ELECTION ACCORDING TO THE METHOD OF ELECTION8
SELECTED BY THE VOTERS PURSUANT TO THIS SUBSECTION (10).9
SECTION 6. In Colorado Revised Statutes, 1-4-801, amend10
(2)(a); and add (2)(g) and (2)(h) as follows:11
1-4-801. Designation of party candidates by petition. (2) The12
signature requirements for the petition are as follows:13
(a) Every petition in the case of a candidate for any county office14
must be signed by electors eligible to vote within the county15
commissioner district or political subdivision for which the officer is to16
be elected. Except as otherwise provided in subsection (2)(e)
17
SUBSECTIONS (2)(e) AND (2)(g) of this section, the petition requires the18
lesser of one thousand signers or signers equal in number to ten percent19
of the votes cast in the political subdivision at the contested or20
uncontested primary election for the political party's candidate for the21
office for which the petition is being circulated or, if there was no primary22
election, at the last preceding general election for which there was a23
candidate for the office. Notwithstanding any other provision of law, an24
unaffiliated elector is not eligible to sign a petition for a candidate of a25
major political party.26
(g) W
HEN A COUNTY HAVING A POPULATION OF TWO HUNDRED27
HB25-1265
-17- FIFTY THOUSAND OR MORE CHANGES THE MEMBERSHIP OF THE BOARD OF1
COUNTY COMMISSIONERS FROM THREE TO FIVE MEMBERS TO COMPLY WITH2
SECTIONS 1-4-205 AND 30-10-306.8, FOR THE NEXT TWO PRIMARY3
ELECTIONS IMMEDIATELY FOLLOWING THE CHANGE , THE SIGNATURE4
REQUIREMENTS FOR THE PETITION ARE AS FOLLOWS :5
(I) T
HE DETERMINATION OF THE REQUIRED NUMBER OF SIGNERS6
MUST BEGIN WITH A CALCULATION OF THE AVERAGE OF ALL VOTES CAST7
IN EACH COMMISSIONER DISTRICT IN THE COUNTY DURING THE PRIOR TWO8
CONTESTED OR UNCONTESTED PRIMARY ELECTIONS FOR THE POLITICAL9
PARTY'S CANDIDATES IN THE COUNTY COMMISSIONER DISTRICTS THAT10
HELD A PRIMARY ELECTION IN EITHER OF THOSE ELECTIONS . UPON A11
DETERMINATION OF THE AVERAGE , THAT NUMBER MUST THEN BE DIVIDED12
BY THE TOTAL NUMBER OF COMMISSIONER DISTRICTS IN THE COUNTY13
WHERE COMMISSIONERS ARE VOTED ON ONLY BY THE ELECTORS RESIDING14
IN THE DISTRICT. AFTER COMPLETING THIS CALCULATION, EVERY PETITION15
MUST REQUIRE THE LESSER OF ONE THOUSAND SIGNERS OR A NUMBER16
EQUAL TO TEN PERCENT OF THE NUMBER REALIZED .17
(II)
IF NO PRIMARY ELECTION WAS HELD IN EITHER YEAR , THE18
CALCULATION MUST BE BASED ON THE MOST RECENT PRECEDING GENERAL19
ELECTION FOR WHICH THE PARTY HAD A CANDIDATE ON THE BALLOT , AND20
EVERY PETITION MUST REQUIRE SIGNERS EQUAL IN NUMBER TO THE21
FOLLOWING CALCULATION :22
(A) T
WENTY PERCENT OF THE AVERAGE OF ALL VOTES CAST FOR23
THE POLITICAL PARTY'S CANDIDATES FOR COMMISSIONER IN EACH24
COMMISSIONER DISTRICT IN WHICH THE PARTY HAD A CANDIDATE ON THE25
BALLOT; AND26
(B) D
IVIDE THE NUMBER FOUND IN SUBSECTION (2)(g)(II)(A) OF27
HB25-1265
-18- THIS SECTION BY THE TOTAL NUMBER OF COMMISSIONER DISTRICTS IN THE1
COUNTY WHERE COMMISSIONERS ARE VOTED ON ONLY BY THE ELECTORS2
RESIDENT IN THE DISTRICT; AND3
(h) F
OLLOWING THE FIRST TWO PRIMARY ELECTIONS CONDUCTED4
AFTER A CHANGE IN THE MEMBERSHIP OF THE BOARD OF C OUNTY5
COMMISSIONERS PURSUANT TO SECTIONS 1-4-205 AND 30-10-306.8, IN6
ACCORDANCE WITH THE REQUIREMENTS OF SUBSECTION (2)(g) OF THIS7
SECTION, THE SIGNATURE REQUIREMENTS FOR A PETITION FOR A COUNTY8
COMMISSIONER CANDIDATE WHO IS AFFILIATED WITH A MAJOR POLITICAL9
PARTY MUST FOLLOW THE PROCEDURES SPECIFIED IN SUBSECTION (2)(a)10
OF THIS SECTION.11
SECTION 7. In Colorado Revised Statutes, 1-4-802, amend (3);12
and add (4) and (5) as follows:13
1-4-802. Petitions for nominating minor political party and14
unaffiliated candidates for a partisan office. (3) Following the first15
two general elections that are conducted after a change in the membership16
of the board of county commissioners pursuant to section 30-10-306.5 or17
30-10-306.7, C.R.S.,
the signature requirements for a petition for a county18
commissioner candidate who does not wish to affiliate with a major19
political party must follow the procedures specified in subparagraph (VI)20
of paragraph (c) of subsection (1) SUBSECTION (1)(c)(VII) of this section.21
(4) W
HEN A COUNTY HAVING A POPULATION OF TWO HUNDRED22
FIFTY THOUSAND OR MORE CHANGES THE MEMBERSHIP OF THE BOARD OF23
COUNTY COMMISSIONERS FROM THREE TO FIVE MEMBERS TO COMPLY WITH24
SECTIONS 1-4-205 AND 30-10-306.8, FOR THE NEXT TWO GENERAL25
ELECTIONS IMMEDIATELY FOLLOWING THE CHANGE , EVERY PETITION TO26
SELECT CANDIDATES WHO DO NOT WISH TO AFFILIATE WITH A MAJOR27
HB25-1265
-19- POLITICAL PARTY MUST REQUIRE SIGNERS EQUAL IN NUMBER TO THE1
LESSER OF EITHER:2
(a) S
EVEN HUNDRED FIFTY SIGNERS; OR3
(b) T
HE NUMBER REALIZED BY FIRST DETERMINING TWO PERCENT4
OF THE AVERAGE OF ALL VOTES CAST IN EACH COUNTY COMMISSIONER5
DISTRICT FOR WHICH THERE WAS A RACE ON THE BALLOT DURING THE6
MOST RECENT GENERAL ELECTION , AND THEN DIVIDING THAT NUMBER BY7
THE TOTAL NUMBER OF COMMISSIONER DISTRICTS IN THE COUNTY WHERE8
COMMISSIONERS ARE VOTED ON ONLY BY THE ELECTORS RESIDENT IN A9
DISTRICT.10
(5) F
OLLOWING THE FIRST TWO GENERAL ELECTIONS CONDUCTED11
AFTER A CHANGE IN THE MEMBERSHIP OF THE BOARD OF COUNTY12
COMMISSIONERS PURSUANT TO SECTIONS 1-4-205 AND 30-10-306.8, THE13
SIGNATURE REQUIREMENTS FOR A PETITION FOR A COUNTY COMMISSIONER14
CANDIDATE WHO DOES NOT WISH TO AFFILIATE WITH A MAJOR POLITICAL15
PARTY MUST FOLLOW THE PROCEDURES SPECIFIED IN SUBSECTION16
(1)(c)(VII)
OF THIS SECTION.17
SECTION 8. Act subject to petition - effective date. This act18
takes effect at 12:01 a.m. on the day following the expiration of the19
ninety-day period after final adjournment of the general assembly; except20
that, if a referendum petition is filed pursuant to section 1 (3) of article V21
of the state constitution against this act or an item, section, or part of this22
act within such period, then the act, item, section, or part will not take23
effect unless approved by the people at the general election to be held in24
November 2026 and, in such case, will take effect on the date of the25
official declaration of the vote thereon by the governor.26
HB25-1265
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