First Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 25-0763.04 Rebecca Bayetti x4348
HOUSE BILL 25-1319
House Committees Senate Committees
State, Civic, Military, & Veterans Affairs
A BILL FOR AN ACT
C
ONCERNING VACANCIES IN THE O FFICE OF COUNTY COMMISSIONER .101
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
The bill modifies the process for filling vacancies in an unexpired
term in the office of county commissioner for county commissioners
affiliated with a major political party in counties with populations of at
least 50,000. Under current law, in the event of a vacancy in an unexpired
term in the office of county commissioner, a vacancy committee appoints
an individual to fill the vacancy until the next general election. The bill
changes this process for a vacancy in an unexpired term of a county
commissioner who is affiliated with a major political party if the vacancy
HOUSE SPONSORSHIP
Pugliese and Duran,
SENATE SPONSORSHIP
Kirkmeyer,
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. occurs on or after July 31 of an even-numbered year but before July 31 of
an odd-numbered year. If a vacancy in the office of county commissioner
occurs on or after July 31of an odd-numbered year but before July 31 of
an even-numbered year or if a vacancy occurs and the unexpired term is
less than 90 days, the vacancy is filled pursuant to current law.
The bill requires that, if the vacancy occurs on or after July 31 of
an even-numbered year but before July 31 of an odd-numbered year, the
vacancy must be filled by vacancy committee selection until the next
regularly scheduled odd-year November election following the vacancy,
when the vacancy must be filled by vacancy election held as part of the
odd-year November election (vacancy election). An individual elected at
a vacancy election serves until the next general election.
A vacancy election is administered according to the state election
code, as applicable. A candidate must be placed on the ballot for a
vacancy election if the candidate:
! Files a nominating statement signed by 30% of the district
vacancy committee members with the county clerk and
recorder and the candidate's major political party by the
seventieth day before the vacancy election; or
! Submits to the county clerk and recorder, at least 75 days
prior to the vacancy election, a notarized candidate's
statement of intent and a petition signed by at least 200
electors who are affiliated with the same major political
party as the candidate and are eligible to vote in the district
for which the candidate is to be elected.
No other candidates are placed on the ballot. A candidate must meet the
current statutory and constitutional requirements for serving as a county
commissioner and be registered with the vacating commissioner's major
political party by the first business day in January of the calendar year in
which the vacancy election occurs. A candidate in a vacancy election is
subject to the campaign finance requirements of the "Fair Campaign
Practices Act".
Only registered electors who reside within the district served by
the vacating commissioner and who are registered with the same major
political party as the vacating commissioner or who are unaffiliated with
a political party are eligible to vote in a vacancy election, unless 75% of
the political party county central committee affirmatively votes to allow
only electors affiliated with the political party to vote in a vacancy
election.
The bill also makes conforming amendments.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 1-4-702, amend (1)2
HB25-1319-2- and (3) as follows:1
1-4-702. Nominations of candidates for general election by2
convention. (1) Notwithstanding any other provision of law, a political3
party may choose to change from the nomination of candidates by4
primary election
OR BY THE PROCESS DESCRIBED IN SECTION 1-12-206 (8)5
IN THE CASE OF A COUNTY COMMISSIONER VACANCY ELECTION to the6
nomination of candidates by assembly or convention for all offices7
including, but not limited to, United States senator, representative in8
congress, all elective state, district, and county officers, and members of9
the general assembly if at least three-fourths of the total
VOTING10
membership of the party's state central committee votes
ARE CAST IN THE11
AFFIRMATIVE to use the assembly or convention nomination process;12
except that nominations by major political parties for candidates for13
lieutenant governor shall be made by the party's candidate for governor14
pursuant to section 1-4-502 (3). Such vote of the party central committee15
shall occur no later than October 1 of the year preceding the year in which16
an assembly or convention nominating process is to be used. F
OR17
PURPOSES OF THIS VOTE, MEMBERS OF THE STATE CENTRAL COMMITTEE18
SHALL NOT VOTE BY PROXY.19
(3) Whichever method of candidate selection is chosen by a major20
political party as between primary election, assembly, or convention, all21
of the candidates for that party at any level of office in that election year22
must be selected by such method, except that the requirements of this23
provision shall not apply to a primary for president of the United States24
if such an election is held
OR TO CANDIDATES FOR A COUNTY25
COMMISSIONER VACANCY ELECTION PURSUANT TO SECTION 1-12-206 (8).26
SECTION 2. In Colorado Revised Statutes, 1-5-505.5, add (1)(d)27
HB25-1319
-3- as follows:1
1-5-505.5. State reimbursement to counties for elections with2
state certified ballot content. (1) (d) (I) F
OR A COUNTY COMMISSIONER3
VACANCY ELECTION, AS DESCRIBED IN SECTION 1-12-206 (8)(a), HELD AS4
PART OF AN ODD-YEAR NOVEMBER ELECTION FOR WHICH THE STATE5
CERTIFIES ANY BALLOT CONTENT , THE STATE SHALL REIMBURSE EACH6
COUNTY FOR FORTY-FIVE PERCENT OF THE COSTS THAT THE COUNTY7
INCURS IN CONDUCTING THE VACANCY ELECTION , INCLUDING THE COST OF8
PRINTING AND SUPPLIES. THE REMAINDER OF THE COSTS THAT THE9
COUNTY INCURS IN CONDUCTING THE VACANCY ELECTION IS A COUNTY10
CHARGE, THE PAYMENT OF WHICH IS PROVIDED IN THE SAME MANNER AS11
THE PAYMENT OF OTHER EXPENSES. THE SECRETARY OF STATE MAY ADOPT12
RULES FOR DETERMINING WHICH COSTS ARE NECESSARY AND REASONABLE13
AND THEREFORE REIMBURSABLE BY THE STATE .14
(II) F
OR A COUNTY COMMISSIONER VACANCY ELECTION , AS15
DESCRIBED IN SECTION 1-12-206 (8)(a), HELD AS PART OF AN ODD-YEAR16
N
OVEMBER ELECTION FOR WHICH THE STATE DOES NOT CERTIFY ANY17
BALLOT CONTENT, THE COSTS THAT THE COUNTY INCURS IN CONDUCTING18
THE VACANCY ELECTION ARE BORNE BY THE COUNTY .19
SECTION 3. In Colorado Revised Statutes, 1-12-206, amend (1)20
and (5); and add (8), (9), and (10) as follows:21
1-12-206. Vacancies in the office of county commissioner -22
county commissioner vacancy election - rules. (1) In case of a vacancy23
occurring in the office of county commissioner, a vacancy committee24
constituted as provided in this section shall, by a majority vote of its25
members present at a meeting called for the purpose, fill the vacancy by26
appointment within ten days after the occurrence of the vacancy. The27
HB25-1319
-4- meeting shall not be held unless a quorum is present consisting of not less1
than one-half of the voting members of the vacancy committee. A2
member of the vacancy committee may not vote by proxy. A
LL VACANCY3
COMMITTEE MEETINGS MUST BE ACCESSIBLE IN REAL TIME BY LIVE4
STREAMING VIDEO OR AUDIO THAT IS RECORDED AND ACCESSIBLE TO THE5
PUBLIC. If the vacancy committee fails to fill the vacancy within ten days,6
the governor shall fill the vacancy by appointment within fifteen days7
after the occurrence of the vacancy.8
(5) Any person appointed to a vacancy in the office of county9
commissioner under this section must be a resident of the county and10
reside within the district, if any, in which the vacancy exists and must be11
a member of the same
MAJOR political party or minor political party, if12
any, shown in the statewide voter registration system as the vacating13
commissioner. Any
EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION (8)14
OF THIS SECTION, A person appointed pursuant to this section holds the15
office until the next general election or until the vacancy is filled by16
election according to law.17
(8) (a) E
XCEPT AS PROVIDED IN SECTION 1-12-208, FOR COUNTIES18
WITH A POPULATION OF AT LEAST FIFTY THOUSAND , IF A VACANCY IN THE19
OFFICE OF COUNTY COMMISSIONER OCCURS ON OR AFTER JULY 31 OF AN20
EVEN-NUMBERED YEAR AND BEFORE JULY 31 OF THE NEXT21
ODD-NUMBERED YEAR AND THE FORMER COMMISSIONER WHOSE SEAT IS22
VACANT WAS AFFILIATED WITH A MAJOR POLITICAL PARTY , THE VACANCY23
MUST BE FILLED BY A VACANCY COMMITTEE PURSUANT TO SUBSECTION (1)24
OF THIS SECTION UNTIL THE NEXT REGULARLY SCHEDULED ODD -YEAR25
N
OVEMBER ELECTION, WHEN THE VACANCY MUST BE FILLED BY COUNTY26
COMMISSIONER VACANCY ELECTION . THE CANDIDATE ELECTED IN THE27
HB25-1319
-5- COUNTY COMMISSIONER VACANCY ELECTION SHALL SERVE UNTIL THE1
NEXT GENERAL ELECTION , WHEN THE VACANCY MUST BE FILLED BY2
ELECTION.3
(b) T
HE ONLY CANDIDATES WHO MAY RUN IN A COUNTY4
COMMISSIONER VACANCY ELECTION DESCRIBED IN SUBSECTION (8)(a) OF5
THIS SECTION ARE CANDIDATES WHO ARE MEMBERS OF THE SAME6
POLITICAL PARTY AND OF THE SAME DISTRICT AS THE FORMER7
COMMISSIONER WHOSE SEAT IS VACANT . A CANDIDATE MUST MEET THE8
CURRENT STATUTORY AND CONSTITUTI ONAL REQUIREMENTS FOR COUNTY9
COMMISSIONER AND BE REGISTERED WITH THE SAME MAJOR POLITICAL10
PARTY AS THE VACATING COMMISSIONER BY THE FIRST BUSINESS DAY IN11
J
ANUARY OF THE CALENDAR YEAR IN WHICH THE COUNTY COMMISSIONER12
VACANCY ELECTION OCCURS .13
(c) T
HE ONLY CANDIDATES WHO ARE PLACED ON THE BALLOT FOR14
A COUNTY COMMISSIONER VACANCY ELECTION DESCRIBED IN SUBSECTION15
(8)(a)
OF THIS SECTION ARE THOSE CANDIDATES DESCRIBED IN THIS16
SUBSECTION (8)(c). A CANDIDATE MUST BE PLACED ON THE BALLOT FOR17
A COUNTY COMMISSIONER VACANCY ELECTION IF THE CANDIDATE :18
(I) F
ILES A NOMINATING STATEMENT ON A FORM CREATED BY THE19
CANDIDATE'S POLITICAL PARTY THAT IS SIGNED BY AT LEAST THIRTY20
PERCENT OF THE APPLICABLE VACANCY COMMITTEE MEMBERS WITH THE21
COUNTY CLERK AND RECORDER AND THE CANDIDATE 'S POLITICAL PARTY22
BEFORE 5 P.M. ON THE SEVENTIETH DAY PRECEDING THE COUNTY23
COMMISSIONER VACANCY ELECTION ; OR24
(II) S
UBMITS TO THE COUNTY CLERK AND RECORDER , AT LEAST25
SEVENTY-FIVE DAYS PRIOR TO THE COUNTY COMMISSIONER VACANCY26
ELECTION, A NOTARIZED CANDIDATE 'S STATEMENT OF INTENT AND A27
HB25-1319
-6- PETITION SIGNED BY AT LEAST TWO HUNDRED ELECTORS WHO ARE1
AFFILIATED WITH THE SAME POLITICAL PARTY AS THE CANDIDATE AND ARE2
ELIGIBLE TO VOTE IN THE DISTRICT FOR WHICH THE CANDIDATE IS TO BE3
ELECTED AS PROVIDED IN SECTION 1-4-904.4
(d) (I) T
HE CANDIDATE'S POLITICAL PARTY SHALL VERIFY THAT A5
NOMINATING STATEMENT FILED PURSUANT TO THIS SUBSECTION (8)6
SATISFIES THE REQUIREMENTS OF SUBSECTION (8)(c)(I) OF THIS SECTION.7
U
PON THE POLITICAL PARTY'S VERIFICATION THAT THE NOMINATING8
STATEMENT IS SUFFICIENT, THE COUNTY CLERK AND RECORDER SHALL9
CERTIFY THE CANDIDATE TO THE BALLOT . 10
(II) I
F A VACANCY COMMITTEE MEMBER SIGNS A NOMINATING11
STATEMENT IN ACCORDANCE WITH SUBSECTION (8)(c)(I) OF THIS SECTION12
AFTER HAVING SIGNED ANOTHER NOMINATING STATEMENT FILED FOR THE13
SAME OFFICE IN THE SAME COUNTY COMMISSIONER VACANCY ELECTION ,14
THE VACANCY COMMITTEE MEMBER 'S LATER SIGNATURE DOES NOT COUNT15
TOWARD THE THIRTY PERCENT OF APPLICABLE VACANCY COMMITTEE16
MEMBER SIGNATURES REQUIRED PURSUANT TO SUBSECTION (8)(c)(I) OF17
THIS SECTION.18
(e) (I) T
HE COUNTY CLERK AND RECORDER SHALL VERIFY THAT A19
PETITION SUBMITTED PURSUANT TO THIS SUBSECTION (8) SATISFIES THE20
REQUIREMENTS OF SUBSECTION (8)(c)(II) OF THIS SECTION. THE COUNTY21
CLERK AND RECORDER SHALL REVIEW THE PETITION ACCORDING TO22
SECTION 1-4-908; EXCEPT THAT THE COUNTY CLERK AND RECORDER23
SHALL NOTIFY THE CANDIDATE OF THE SUFFICIENCY OR INSUFFICIENCY OF24
THE PETITION NO LATER THAN TEN CALENDAR DAYS AFTER RECEIVING THE25
PETITION. IF THE COUNTY CLERK AND RECORDER DETERMINES THE26
PETITION TO BE SUFFICIENT, THE COUNTY CLERK AND RECORDER SHALL27
HB25-1319
-7- ISSUE A STATEMENT OF SUFFICIENCY . PROTESTS AND REVIEW OF THE1
SUFFICIENCY OF A PETITION ARE ACCORDING TO SECTIONS 1-4-909 AND2
1-4-911.
UPON DETERMINING THAT THE PETITION IS SUFFICIENT AND3
AFTER THE TIME FOR PROTEST HAS PASSED , THE COUNTY CLERK AND4
RECORDER SHALL CERTIFY THE CANDIDATE TO THE BALLOT .5
(II) I
F AN ELIGIBLE ELECTOR SIGNS A PETITION IN ACCORDANCE6
WITH SUBSECTION (8)(c)(II) OF THIS SECTION AFTER HAVING SIGNED7
ANOTHER PETITION SUBMITTED FOR THE SAME OFFICE IN THE SAME8
COUNTY COMMISSIONER VACANCY ELECTION , THE ELECTOR'S LATER9
SIGNATURE DOES NOT COUNT TOWARD THE TWO HUNDRED ELECTOR10
SIGNATURES REQUIRED PURSUANT TO SUBSECTION (8)(c)(II) OF THIS11
SECTION.12
(f) T
HE ONLY VOTERS WHO MAY VOTE IN THE COUNTY13
COMMISSIONER VACANCY ELECTION AS DESCRIBED IN SUBSECTION (8)(a)14
OF THIS SECTION ARE VOTERS WHO RESIDE IN THE SAME DISTRICT15
REPRESENTED BY THE FORMER COMMISSIONER WHOSE SEAT IS VACANT16
AND WHO:17
(I) A
RE MEMBERS OF THE SAME POLITICAL PARTY AS THE FORMER18
COMMISSIONER WHOSE SEAT IS VACANT ; OR19
(II) A
RE UNAFFILIATED, UNLESS AT LEAST THREE-FOURTHS OF THE20
TOTAL VOTING MEMBERSHIP OF THE POLITICAL PARTY 'S STATE CENTRAL21
COMMITTEE VOTES ARE CAST IN THE AFFIRMATIVE TO ONLY ALLOW22
MEMBERS OF THE POLITICAL PARTY TO VOTE AT A COUNTY COMMISSIONER23
VACANCY ELECTION AS DESCRIBED IN SECTION (8)(a) OF THIS SECTION.24
S
UCH VOTE OF THE CENTRAL COMMITTEE MUST OCCUR NO LATER THAN25
O
CTOBER 1 OF THE YEAR PRECEDING THE COUNTY COMMISSIONER26
VACANCY ELECTION. FOR PURPOSES OF THIS VOTE, MEMBERS OF THE27
HB25-1319
-8- CENTRAL COMMITTEE SHALL NOT VOTE BY PROXY .1
(g) E
XCEPT AS MODIFIED BY THIS SUBSECTION (8), THE2
APPROPRIATE COUNTY CLERK AND RECORDER SHALL CONDUCT THE3
COUNTY COMMISSIONER VACANCY ELECTION ACCORDING TO THE OTHER4
APPLICABLE PROVISIONS OF THIS CODE AND SHALL ENSURE THAT THE5
COUNTY COMMISSIONER VACANCY ELECTION USES THE SAME METHOD OF6
ELECTION THAT WAS USED TO ELECT THE VACATING COMMISSIONER7
PURSUANT TO PART 3 OF ARTICLE 10 OF TITLE 30.8
(h) U
PON RECEIPT OF THE CERTIFIED ABSTRACT OF VOTES CAST ,9
THE COUNTY CLERK AND RECORDER SHALL ISSUE A CERTIFICATE OF10
ELECTION TO THE SUCCESSOR CANDIDATE WHO RECEIVED THE HIGHEST11
NUMBER OF VOTES AT THE COUNTY COMMISSIONER VACANCY ELECTION12
DESCRIBED IN SUBSECTION (8)(a) OF THIS SECTION. THE CANDIDATE WHO13
RECEIVED THE HIGHEST NUMBER OF VOTES MUST BE SWORN IN AND14
ASSUMES THE DUTIES OF THE OFFICE UPON CERTIFICATION OF THE15
ELECTION RESULTS.16
(i) C
OUNTY COMMISSIONER VACANCY ELECTIONS DESCRIBED IN17
SUBSECTION (8)(a) OF THIS SECTION ARE SUBJECT TO THE APPROPRIATE18
SECTIONS OF ARTICLE 45 OF THIS TITLE 1 AND ARTICLE XXVIII OF THE19
STATE CONSTITUTION. AN INDIVIDUAL WHO SEEKS NOMINATION OR20
ELECTION TO THE OFFICE OF COUNTY COMMISSIONER AT A COUNTY21
COMMISSIONER VACANCY ELECTION IS A "CANDIDATE" FOR PURPOSES OF22
ARTICLE 45 OF THIS TITLE 1 AND SECTION 2 (2) OF ARTICLE XXVIII OF THE23
STATE CONSTITUTION.24
SECTION 4. In Colorado Revised Statutes, 1-45-103, amend (2)25
and (8); and add (19) as follows:26
1-45-103. Definitions. As used in this article 45, unless the27
HB25-1319
-9- context otherwise requires:1
(2) "Candidate" shall have HAS the same meaning as set forth in2
section 2 (2) of article XXVIII of the state constitution;
EXCEPT THAT3
"
CANDIDATE" ALSO INCLUDES A VACANCY CANDIDATE AS DEFINED IN4
SUBSECTION (19) OF THIS SECTION.5
(8) "Election cycle" shall have
HAS the same meaning as set forth6
in section 2 (6) of article XXVIII of the state constitution;
EXCEPT THAT,7
FOR COUNTY COMMISSIONER VACANCY ELECTIONS HELD PURS UANT TO8
SECTION 1-12-206, "ELECTION CYCLE" MEANS THE PERIOD BEGINNING ON9
THE DATE THE VACANCY TO BE FILLED BY VACANCY ELECTION OCCURRED10
AND ENDING THIRTY DAYS FOLLOWING THE VACANCY ELECTION FOR THAT11
OFFICE.12
(19) "V
ACANCY CANDIDATE" MEANS ANY INDIVIDUAL WHO SEEKS13
NOMINATION OR ELECTION TO THE OFFICE OF COUNTY COMMISSIONER AT14
A COUNTY COMMISSIONER VACANCY ELECTION PURSUANT TO SECTION15
1-12-206
(8). AN INDIVIDUAL IS A VACANCY CANDIDATE IF THE16
INDIVIDUAL HAS PUBLICLY ANNOUNCED AN INTENTION TO SEEK ELECTION17
AT A COUNTY COMMISSIONER VACANCY ELECTION AND THEREAFTER HAS18
RECEIVED A CONTRIBUTION OR MADE AN EXPENDITURE IN SUPPORT OF THE19
CANDIDACY. A VACANCY CANDIDATE REMAINS A CANDIDATE FOR20
PURPOSES OF THIS ARTICLE 45 SO LONG AS THE VACANCY CANDIDATE21
MAINTAINS A REGISTERED CANDIDATE COMMITTEE . A VACANCY22
CANDIDATE WHO MAINTAINS A CANDIDATE COMMITTEE AFTER AN23
ELECTION CYCLE, BUT WHO HAS NOT PUBLICLY ANNOUNCED AN INTENTION24
TO SEEK ELECTION TO PUBLIC OFFICE IN THE NEXT OR ANY SUBSEQUENT25
ELECTION CYCLE, IS A CANDIDATE FOR PURPOSES OF THIS ARTICLE 45.26
SECTION 5. In Colorado Revised Statutes, 1-45-103.7, add (4.7)27
HB25-1319
-10- as follows:1
1-45-103.7. Contribution limits - county offices - school district2
director - treatment of independent expenditure committees -3
contributions from limited liability companies - voter instructions on4
spending limits - definitions. (4.7) (a) A
CANDIDATE COMMITTEE5
ESTABLISHED IN THE NAME OF A CANDIDATE WHO IS A VACANCY6
CANDIDATE RUNNING IN A COUNTY COMMISSIONER VACANCY ELECTION7
PURSUANT TO SECTION 1-12-206 (8) MAY ACCEPT FROM ANY ONE PERSON8
THE AGGREGATE CONTRIBUTION LIMIT SPECIFIED IN EITHER SECTION 3 (1)9
OF ARTICLE XXVIII OF THE STATE CONSTITUTION OR SUBSECTION (1.5) OF10
THIS SECTION APPLICABLE TO THE OFFICE OF COUNTY COMMISSIONER AT11
ANY POINT DURING THE ELECTION CYCLE .12
(b) A
CANDIDATE COMMITTEE ESTABLISHED IN THE NAME OF A13
CANDIDATE WHO IS A VACANCY CANDIDATE RUNNING IN A COUNTY14
COMMISSIONER VACANCY ELECTION PURSUANT TO SECTION 1-12-206 (8)15
MAY EXPEND CONTRIBUTIONS RECEIVED AND ACCEPTED IN ACCORDANCE16
WITH SUBSECTION (4.7)(a) OF THIS SECTION AT ANY POINT DURING THE17
ELECTION CYCLE.18
SECTION 6. Safety clause. The general assembly finds,19
determines, and declares that this act is necessary for the immediate20
preservation of the public peace, health, or safety or for appropriations for21
the support and maintenance of the departments of the state and state22
institutions.23
HB25-1319
-11-