Colorado 2025 Regular Session

Colorado House Bill HB1319 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		First Regular Session
2	2		Seventy-fifth General Assembly
3	3		STATE OF COLORADO
4		-	~~REENGROSSED~~
5		-	This Version Includes All Amendments
6		-	~~Adopted~~ in the House of Introduction
	4	+	ENGROSSED
	5	+	This Version Includes All Amendments Adopted
	6	+	on Second Reading in the House of Introduction
7	7		LLS NO. 25-0763.04 Rebecca Bayetti x4348
8	8		HOUSE BILL 25-1319
9	9		House Committees Senate Committees
10	10		State, Civic, Military, & Veterans Affairs
11	11		Appropriations
12	12		A BILL FOR AN ACT
13	13		C
14	14		ONCERNING VACANCIES IN THE OFFICE OF COUNTY
15	15		COMMISSIONER,101
16	16		AND, IN CONNECTION THEREWITH, MAKING AN APPROPRIATION.102
17	17		Bill Summary
18	18		(Note: This summary applies to this bill as introduced and does
19	19		not reflect any amendments that may be subsequently adopted. If this bill
20	20		passes third reading in the house of introduction, a bill summary that
21	21		applies to the reengrossed version of this bill will be available at
22	22		http://leg.colorado.gov
23	23		.)
24	24		The bill modifies the process for filling vacancies in an unexpired
25	25		term in the office of county commissioner for county commissioners
26	26		affiliated with a major political party in counties with populations of at
27	27		least 50,000. Under current law, in the event of a vacancy in an unexpired
28	28		term in the office of county commissioner, a vacancy committee appoints
29	29		an individual to fill the vacancy until the next general election. The bill
30	30		HOUSE
31		-	3rd Reading Unamended
32		-	April 23, 2025
33		-	HOUSE
34	31		Amended 2nd Reading
35	32		April 22, 2025
36	33		HOUSE SPONSORSHIP
37		-	Pugliese and Duran, ~~Boesenecker, Lindsay, McCormick, Smith~~
	34	+	Pugliese and Duran,
38	35		SENATE SPONSORSHIP
39		-	Kirkmeyer ~~and Rodriguez~~,
	36	+	Kirkmeyer,
40	37		Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
41	38		Capital letters or bold & italic numbers indicate new material to be added to existing law.
42	39		Dashes through the words or numbers indicate deletions from existing law. changes this process for a vacancy in an unexpired term of a county
43	40		commissioner who is affiliated with a major political party if the vacancy
44	41		occurs on or after July 31 of an even-numbered year but before July 31 of
45	42		an odd-numbered year. If a vacancy in the office of county commissioner
46	43		occurs on or after July 31of an odd-numbered year but before July 31 of
47	44		an even-numbered year or if a vacancy occurs and the unexpired term is
48	45		less than 90 days, the vacancy is filled pursuant to current law.
49	46		The bill requires that, if the vacancy occurs on or after July 31 of
50	47		an even-numbered year but before July 31 of an odd-numbered year, the
51	48		vacancy must be filled by vacancy committee selection until the next
52	49		regularly scheduled odd-year November election following the vacancy,
53	50		when the vacancy must be filled by vacancy election held as part of the
54	51		odd-year November election (vacancy election). An individual elected at
55	52		a vacancy election serves until the next general election.
56	53		A vacancy election is administered according to the state election
57	54		code, as applicable. A candidate must be placed on the ballot for a
58	55		vacancy election if the candidate:
59	56		! Files a nominating statement signed by 30% of the district
60	57		vacancy committee members with the county clerk and
61	58		recorder and the candidate's major political party by the
62	59		seventieth day before the vacancy election; or
63	60		! Submits to the county clerk and recorder, at least 75 days
64	61		prior to the vacancy election, a notarized candidate's
65	62		statement of intent and a petition signed by at least 200
66	63		electors who are affiliated with the same major political
67	64		party as the candidate and are eligible to vote in the district
68	65		for which the candidate is to be elected.
69	66		No other candidates are placed on the ballot. A candidate must meet the
70	67		current statutory and constitutional requirements for serving as a county
71	68		commissioner and be registered with the vacating commissioner's major
72	69		political party by the first business day in January of the calendar year in
73	70		which the vacancy election occurs. A candidate in a vacancy election is
74	71		subject to the campaign finance requirements of the "Fair Campaign
75	72		Practices Act".
76	73		Only registered electors who reside within the district served by
77	74		the vacating commissioner and who are registered with the same major
78	75		political party as the vacating commissioner or who are unaffiliated with
79	76		a political party are eligible to vote in a vacancy election, unless 75% of
80	77		the political party county central committee affirmatively votes to allow
81	78		only electors affiliated with the political party to vote in a vacancy
82	79		election.
83	80		The bill also makes conforming amendments.
84	81		Be it enacted by the General Assembly of the State of Colorado:1
85	82		1319-2- SECTION 1. In Colorado Revised Statutes, 1-1-104, add (7.3)1
86	83		as follows:2
87	84		1-1-104. Definitions. As used in this code, unless the context3
88	85		otherwise requires:4
89	86		(7.3) "COUNTY COMMISSIONER VACANCY ELECTION" MEANS AN5
90	87		ELECTION DESCRIBED IN SECTION 1-12-206 (8)(a) THAT IS CONDUCTED AS6
91	88		PART OF A NOVEMBER ODD-YEAR COORDINATED ELECTION AND THAT IS7
92	89		HELD FOR THE PURPOSE OF FILLING A VACANCY IN AN UNEXPIRED TERM OF8
93	90		THE OFFICE OF COUNTY COMMISSIONER WHO WAS AFFILIATED WITH A9
94	91		MAJOR POLITICAL PARTY IN A COUNTY WITH A POPULATION OF AT LEAST10
95	92		FIFTY THOUSAND ACTIVE VOTERS AS OF THE DATE OF THE LAST GENERAL11
96	93		ELECTION.12
97	94		SECTION 2. In Colorado Revised Statutes, 1-4-702, amend (1)13
98	95		and (3) as follows:14
99	96		1-4-702. Nominations of candidates for election by15
100	97		convention. (1) Notwithstanding any other provision of law, a political16
101	98		party may choose to change from the nomination of candidates by17
102	99		primary election
103	100		OR BY THE PROCESS DESCRIBED IN SECTION 1-12-206 (8)18
104	101		IN THE CASE OF A COUNTY COMMISSIONER VACANCY ELECTION to the19
105	102		nomination of candidates by assembly or convention for all offices20
106	103		including, but not limited to, United States senator, representative in21
107	104		congress, all elective state, district, and county officers, and members of22
108	105		the general assembly if at least three-fourths of the total
109	106		VOTING23
110	107		membership of the party's state central committee votes
111	108		ARE CAST IN THE24
112	109		AFFIRMATIVE to use the assembly or convention nomination process;25
113	110		except that nominations by major political parties for candidates for26
114	111		lieutenant governor shall be made by the party's candidate for governor27
115	112		1319
116	113		-3- pursuant to section 1-4-502 (3). Such vote of the party central committee1
117	114		shall occur no later than October 1 of the year preceding the year in which2
118	115		an assembly or convention nominating process is to be used. F
119	116		OR3
120	117		PURPOSES OF THIS VOTE, MEMBERS OF THE STATE CENTRAL COMMITTEE4
121	118		SHALL NOT VOTE BY PROXY.5
122	119		(3) Whichever method of candidate selection is chosen by a major6
123	120		political party as between primary election, assembly, or convention, all7
124	121		of the candidates for that party at any level of office in that election year8
125	122		must be selected by such method, except that the requirements of this9
126	123		provision shall not apply to a primary for president of the United States10
127	124		if such an election is held
128	125		OR TO CANDIDATES FOR A COUNTY11
129	126		COMMISSIONER VACANCY ELECTION PURSUANT TO SECTION 1-12-206 (8).12
130	127		SECTION
131	128		3. In Colorado Revised Statutes, 1-5-505.5, add (1)(d)13
132	129		as follows:14
133	130		1-5-505.5. State reimbursement to counties for elections with15
134	131		state certified ballot content. (1) (d) (I) F
135	132		OR A COUNTY COMMISSIONER16
136	133		VACANCY ELECTION,
137	134		, HELD AS PART OF AN ODD-YEAR NOVEMBER17
138	135		ELECTION FOR WHICH THE STATE CERTIFIES ANY BALLOT CONTENT , THE18
139	136		STATE SHALL REIMBURSE EACH COUNTY FOR FORTY -FIVE PERCENT OF THE19
140	137		COSTS THAT THE COUNTY INCURS IN CONDUCTING THE COORDINATED20
141	138		ELECTION, WHICH MAY INCLUDE THE VACANCY ELECTION, ARE21
142	139		REIMBURSED ACCORDING TO SUBSECTIONS (1)(a) AND (1)(b) OF THIS22
143	140		SECTION. THE REMAINDER OF THE COSTS THAT THE COUNTY INCURS IN23
144	141		CONDUCTING THE VACANCY ELECTION IS A C OUNTY CHARGE , THE24
145	142		PAYMENT OF WHICH IS PROVIDED IN THE SAME MANNER AS THE PAYMENT25
146	143		OF OTHER EXPENSES. THE SECRETARY OF STATE MAY ADOPT RULES FOR26
147	144		DETERMINING WHICH COSTS ARE NECESSARY AND REASONABLE AND27
148	145		1319
149	146		-4- THEREFORE REIMBURSABLE BY THE STATE .1
150	147		(II) F
151	148		OR A COUNTY COMMISSIONER VACANCY ELECTION ,
152	149		, HELD2
153	150		AS PART OF AN ODD-YEAR NOVEMBER ELECTION FOR WHICH THE STATE3
154	151		DOES NOT CERTIFY ANY BALLOT CONTENT , THE COSTS THAT THE COUNTY4
155	152		INCURS IN CONDUCTING THE VACANCY ELECTION ARE COUNTY COSTS.5
156	153		SECTION 4. In Colorado Revised Statutes, 1-12-206, amend (1)6
157	154		and (5); and add (8) as follows:7
158	155		1-12-206. Vacancies in the office of county commissioner -8
159	156		county commissioner vacancy election. (1) In case of a vacancy9
160	157		occurring in the office of county commissioner, a vacancy committee10
161	158		constituted as provided in this section shall, by a majority vote of its11
162	159		members present at a meeting called for the purpose, fill the vacancy by12
163	160		appointment within ten days after the occurrence of the vacancy. The13
164	161		meeting shall not be held unless a quorum is present consisting of not less14
165	162		than one-half of the voting members of the vacancy committee. A15
166	163		member of the vacancy committee may not vote by proxy. A
167	164		LL VACANCY16
168	165		COMMITTEE MEETINGS MUST BE ACCESSIBLE IN REAL TIME BY LIVE17
169	166		STREAMING VIDEO OR AUDIO THAT IS RECORDED AND ACCESSIBLE TO THE18
170	167		PUBLIC. If the vacancy committee fails to fill the vacancy within ten days,19
171	168		the governor shall fill the vacancy by appointment within fifteen days20
172	169		after the occurrence of the vacancy.21
173	170		(5) Any person appointed to a vacancy in the office of county22
174	171		commissioner under this section must be a resident of the county and23
175	172		reside within the district, if any, in which the vacancy exists and must be24
176	173		a member of the same
177	174		MAJOR political party or minor political party, if25
178	175		any, shown in the statewide voter registration system as the vacating26
179	176		commissioner. Any
180	177		EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION (8)27
181	178		1319
182	179		-5- OF THIS SECTION, A person appointed pursuant to this section holds the1
183	180		office until the next general election or until the vacancy is filled by2
184	181		election according to law.3
185	182		(8) (a) EXCEPT AS PROVIDED IN SECTION 1-12-208 AND4
186	183		NOTWITHSTANDING ANY PROVISION TO THE CONTRARY IN SECTION5
187	184		1-4-1010, FOR COUNTIES WITH A POPULATION OF AT LEAST FIFTY6
188	185		THOUSAND ACTIVE VOTERS AS OF THE DATE OF THE LAST GENERAL7
189	186		ELECTION THAT ARE NOT HOME RULE COUNTIES , IF A VACANCY IN THE8
190	187		OFFICE OF COUNTY COMMISSIONER OCCURS ON OR AFTER JULY 31 OF AN9
191	188		EVEN-NUMBERED YEAR AND BEFORE JULY 31 OF THE NEXT10
192	189		ODD-NUMBERED YEAR AND THE FORMER COMMISSIONER WHOSE SEAT IS11
193	190		VACANT WAS AFFILIATED WITH A MAJOR POLITICAL PARTY , THE VACANCY12
194	191		MUST BE FILLED BY A VACANCY COMMITTEE PURSUANT TO SUBSECTION (1)13
195	192		OF THIS SECTION UNTIL THE NEXT REGULARLY SCHEDULED ODD -YEAR14
196	193		N
197	194		OVEMBER ELECTION, WHEN THE VACANCY MUST BE FILLED BY COUNTY15
198	195		COMMISSIONER VACANCY
199	196		ELECTION; EXCEPT THAT, IF THE VACANCY16
200	197		OCCURS FOR A SEAT THAT IS SCHEDULED TO BE ON THE BALLOT AT THE17
201	198		UPCOMING GENERAL ELECTION HELD IN THAT EVEN -NUMBERED YEAR AND18
202	199		THE VACANCY OCCURS ON OR AFTER JULY 31 OF THAT EVEN-NUMBERED19
203	200		YEAR BUT BEFORE THE NINETY-DAY PERIOD GOVERNED BY SECTION20
204	201		1-12-208, THE VACANCY IS FILLED BY VACANCY COMMITTEE PURSUANT TO21
205	202		THIS SECTION. THE CANDIDATE ELECTED IN THE COUNTY COMMISSIONER22
206	203		VACANCY ELECTION SHALL SERVE UNTIL THE NEXT REGULARLY23
207	204		SCHEDULED GENERAL ELECTION , WHEN THE VACANCY MUST BE FILLED BY24
208	205		ELECTION.25
209	206		(b) T
210	207		HE ONLY CANDIDATES WHO MAY RUN IN A COUNTY26
211	208		COMMISSIONER VACANCY ELECTION
212	209		ARE CANDIDATES WHO ARE27
213	210		1319
214	211		-6- MEMBERS OF THE SAME POLITICAL PARTY AND RESIDENTS OF THE SAME1
215	212		DISTRICT AS THE FORMER COMMISSIONER WHOSE SEAT IS VACANT. A2
216	213		CANDIDATE MUST BE REGISTERED WITH THE SAME MAJORITY POLITICAL3
217	214		PARTY AS THE VACATING COMMISSIONER BY THE FIRST BUSINESS DAY IN4
218	215		J
219	216		ANUARY OF THE CALENDAR YEAR IN WHICH THE COUNTY COMMISSIONER5
220	217		VACANCY ELECTION OCCURS .6 (c) A CANDIDATE FOR A COUNTY COMMISSIONER VACANCY7
221	218		ELECTION IS ELIGIBLE TO BE PLACED ON THE BALLOT IF THE CANDIDATE :8
222	219		(I) F
223	220		ILES A NOMINATING STATEMENT ON A FORM CREATED BY THE9
224	221		CANDIDATE'S POLITICAL PARTY THAT IS SIGNED BY AT LEAST THIRTY10
225	222		PERCENT OF THE APPLICABLE VACANCY COMMITTEE MEMBERS WITH THE11
226	223		COUNTY CLERK AND RECORDER AND THE CANDIDATE 'S POLITICAL PARTY12
227	224		BEFORE 5 P.M. ON THE SEVENTIETH DAY PRECEDING THE COUNTY13
228	225		COMMISSIONER VACANCY ELECTION ; OR14
229	226		(II) S
230	227		UBMITS TO THE COUNTY CLERK AND RECORDER ,
231	228		NO LATER15
232	229		THAN THIRTY DAYS AFTER THEIR PETITION FORMAT HAS BEEN APPROVED16
233	230		OR EIGHTY-FIVE DAYS PRIOR TO THE COUNTY COMMISSIONER VACANCY17
234	231		ELECTION, WHICHEVER IS SOONER, A NOTARIZED CANDIDATE'S STATEMENT18
235	232		OF INTENT AND A PETITION SIGNED BY AT LEAST TWO HUNDRED ELECTORS19
236	233		WHO HAVE BEEN AFFILIATED WITH THE SAME POLITICAL PARTY AS THE20
237	234		CANDIDATE FOR TWENTY-TWO DAYS BEFORE SIGNING THE PETITION AND21
238	235		ARE ELIGIBLE TO VOTE IN THE DISTRICT FOR WHICH THE CANDIDATE IS TO22
239	236		BE ELECTED. PART 9 OF ARTICLE 4 OF THIS TITLE 1 APPLIES TO PETITIONS23
240	237		SUBMITTED PURSUANT TO SUBSECTION (8) OF THIS SECTION; EXCEPT THAT24
241	238		THE PROVISIONS OF PART 9 OF ARTICLE 4 OF THIS TITLE 1 THAT CONFLICT25
242	239		WITH THE REQUIREMENTS OR TIMELINE DESCRIBED IN THIS SECTION, AS26
243	240		WELL AS PROVISIONS OF PART 9 OF ARTICLE 4 OF THIS TITLE 1 THAT APPLY27
244	241		1319
245	242		-7- TO THE SECRETARY OF STATE'S REVIEW OF PETITIONS, DO NOT APPLY TO1
246	243		PETITIONS SUBMITTED AND REVIEWED PURSUANT TO SUBSECTION (8) OF2
247	244		THIS SECTION. PETITIONS MUST NOT BE CIRCULATED AND SIGNATURES3
248	245		MUST NOT BE OBTAINED PRIOR TO THE FIRST BUSINESS DAY AFTER THE4
249	246		EFFECTIVE DATE OF THE VACANCY. A PETITION MUST NOT BE CIRCULATED5
250	247		UNTIL IT HAS BEEN APPROVED AS MEETING THE REQUIREMENTS OF SECTION6
251	248		1-4-904 AS TO FORM. THE COUNTY CLERK AND RECORDER SHALL APPROVE7
252	249		OR DISAPPROVE A PETITION AS TO FORM NO LATER THAN THE CLOSE OF THE8
253	250		SECOND BUSINESS DAY FOLLOWING SUBMISSION OF THE PROPOSED9
254	251		PETITION.10
255	252		(d) A CANDIDATE SHALL ONLY SEEK TO BE PLACED ON THE BALLOT11
256	253		FOR A COUNTY COMMISSIONER VACANCY ELECTION THROUGH ONE OF THE12
257	254		METHODS DESCRIBED IN SUBSECTION (3)(c) OF THIS SECTION.13
258	255		(e) (I) THE CANDIDATE'S POLITICAL PARTY COUNTY CHAIR SHALL14
259	256		VERIFY THAT A NOMINATING STATEMENT FILED PURSUANT TO THIS15
260	257		SUBSECTION (8) SATISFIES THE REQUIREMENTS OF SUBSECTION (8)(c)(I) OF16
261	258		THIS SECTION. UPON THE POLITICAL PARTY COUNTY CHAIR'S VERIFICATION17
262	259		THAT THE NOMINATING STATEMENT IS SUFFICIENT , THE COUNTY CLERK18
263	260		AND RECORDER SHALL CERTIFY THE CANDIDATE TO THE BALLOT . 19
264	261		(II) I
265	262		F A VACANCY COMMITTEE MEMBER SIGNS A NOMINATING20
266	263		STATEMENT IN ACCORDANCE WITH SUBSECTION (8)(c)(I) OF THIS SECTION21
267	264		AFTER HAVING SIGNED ANOTHER NOMINATING STATEMENT FILED FOR THE22
268	265		SAME OFFICE IN THE SAME COUNTY COMMISSIONER VACANCY ELECTION ,23THE VACANCY COMMITTEE MEMBER'S SIGNATURE ONLY COUNTS TOWARD24
269	266		THE THIRTY PERCENT OF APPLICABLE VACANCY COMMITTEE MEMBER25
270	267		SIGNATURES REQUIRED PURSUANT TO SUBSECTION (8)(c)(I) OF THIS26
271	268		SECTION ON THE FIRST NOMINATING STATEMENT SUBMITTED THAT27
272	269		1319
273	270		-8- CONTAINS THE SIGNATURE.1
274	271		(f) (I) THE COUNTY CLERK AND RECORDER SHALL VERIFY THAT A2
275	272		PETITION SUBMITTED PURSUANT TO THIS SUBSECTION (8) SATISFIES THE3
276	273		REQUIREMENTS OF SUBSECTION (8)(c)(II) OF THIS SECTION. THE COUNTY4
277	274		CLERK AND RECORDER SHALL REVIEW THE PETITION ACCORDING TO5
278	275		SECTION 1-4-908; EXCEPT THAT THE COUNTY CLERK AND RECORDER6
279	276		SHALL NOTIFY THE CANDIDATE OF THE SUFFICIENCY OR INSUFFICIENCY OF7
280	277		THE PETITION NO LATER THAN TEN CALENDAR DAYS AFTER RECEIVING THE8
281	278		PETITION. IF THE COUNTY CLERK AND RECORDER DETERMINES THE9
282	279		PETITION TO BE SUFFICIENT, THE COUNTY CLERK AND RECORDER SHALL10
283	280		ISSUE A STATEMENT OF SUFFICIENCY . PROTESTS AND REVIEW OF THE11
284	281		SUFFICIENCY OF A PETITION ARE ACCORDING TO SECTIONS 1-4-909 AND12
285	282		1-4-911. CANDIDATE PLACEMENT ON THE BALLOT IS DRAWN BY LOT .13
286	283		(II) I
287	284		F AN ELIGIBLE ELECTOR SIGNS A PETITION IN ACCORDANCE14
288	285		WITH SUBSECTION (8)(c)(II) OF THIS SECTION AFTER HAVING SIGNED15
289	286		ANOTHER PETITION SUBMITTED FOR TH E SAME OFFICE IN THE SAME16
290	287		COUNTY COMMISSIONER VACANCY ELECTION , THE ELECTOR'S
291	288		SIGNATURE17
292	289		ONLY COUNTS TOWARD THE TWO HUNDRED ELECTOR SIGNATURES18
293	290		REQUIRED PURSUANT TO SUBSECTION (8)(c)(II) OF THIS SECTION ON THE19
294	291		FIRST PETITION SUBMITTED THAT CONTAINS THE SIGNATURE .20
295	292		(g) THE ONLY VOTERS WHO MAY VOTE IN THE COUNTY21
296	293		COMMISSIONER VACANCY ELECTION ARE ELIGIBLE ELECTORS OF THE22
297	294		COUNTY OF THE FORMER COMMISSIONER WHOSE SEAT IS VACANT AND23
298	295		WHO:24
299	296		(I) ARE AFFILIATED, AS OF THE TWENTY-SECOND DAY BEFORE THE25
300	297		COUNTY COMMISSIONER VACANCY ELECTION, WITH THE SAME POLITICAL26
301	298		PARTY AS THE FORMER COMMISSIONER WHOSE SEAT IS VACANT ; OR27
302	299		1319
303	300		-9- (II) ARE UNAFFILIATED, UNLESS AT LEAST THREE-FOURTHS OF THE1
304	301		TOTAL VOTING MEMBERSHIP OF THE POLITICAL PARTY 'S STATE CENTRAL2
305	302		COMMITTEE VOTES ARE CAST IN THE AFFIRMATIVE TO ONLY ALLOW3
306	303		MEMBERS OF THE POLITICAL PARTY TO VOTE AT A COUNTY COMMISSIONER4
307	304		VACANCY ELECTION. SUCH VOTE OF THE CENTRAL COMMITTEE MUST5
308	305		OCCUR NO LATER THAN OCTOBER 1 OF THE YEAR PRECEDING THE COUNTY6
309	306		COMMISSIONER VACANCY ELECTION . FOR PURPOSES OF THIS VOTE ,7
310	307		MEMBERS OF THE CENTRAL COMMITTEE SHALL NOT VOTE BY PROXY .8
311	308		(h) EXCEPT AS MODIFIED BY THIS SUBSECTION (8), THE9
312	309		APPROPRIATE COUNTY CLERK AND RECORDER SHALL CONDUCT THE10
313	310		COUNTY COMMISSIONER VACANCY ELECTION AS PART OF THE11
314	311		COORDINATED ODD-YEAR NOVEMBER ELECTION.12
315	312		(i) UPON RECEIPT OF THE CERTIFIED ABSTRACT OF VOTES CAST ,13
316	313		THE COUNTY CLERK AND RECORDER SHALL ISSUE A CERTIFICATE OF14
317	314		ELECTION TO THE SUCCESSOR CANDIDATE WHO RECEIVED THE HIGHEST15
318	315		NUMBER OF VOTES AT THE COUNTY COMMISSIONER VACANCY ELECTION . 16
319	316		T
320	317		HE CANDIDATE WHO RECEIVED THE HIGHEST NUMBER OF VOTES MUST BE17
321	318		SWORN IN AND ASSUMES THE DUTIES OF THE OFFICE UPON CERTIFICATION18
322	319		OF THE ELECTION RESULTS.19(j) COUNTY COMMISSIONER VACANCY ELECTIONS ARE SUBJECT20
323	320		TO THE APPROPRIATE SECTIONS OF ARTICLE 45 OF THIS TITLE 1 AND21
324	321		ARTICLE XXVIII OF THE STATE CONSTITUTION . AN INDIVIDUAL WHO22
325	322		SEEKS NOMINATION OR ELECTION TO THE OFFICE OF COUNTY23
326	323		COMMISSIONER AT A COUNTY COMMISSIONER VACANCY ELECTION IS A24
327	324		"
328	325		CANDIDATE" FOR PURPOSES OF ARTICLE 45 OF THIS TITLE 1 AND SECTION25
329	326		2
330	327		(2) OF ARTICLE XXVIII OF THE STATE CONSTITUTION.26
331	328		(k) A CANDIDATE IN A COUNTY COMMISSIONER VACANCY27
332	329		1319
333	330		-10- ELECTION MAY SELECT WATCHERS IN THE SAME MANNER AS A CANDIDATE1
334	331		IN A NONPARTISAN ELECTION AS PROVIDED IN SECTION 1-7-107. THE2
335	332		MEMBERS OF THE CANVASS BOARD FOR A COUNTY COMMISSIONER3
336	333		VACANCY ELECTION MUST BE APPOINTED AND CERTIFIED IN THE MANNER4
337	334		PROVIDED IN SECTION 1-10-101. ELECTION JUDGES FOR COUNTY5
338	335		COMMISSIONER VACANCY ELECTIONS MUST BE APPOINTED IN THE SAME6
339	336		MANNER AS ELECTION JUDGES FOR PARTISAN ELECTIONS IN ACCORDANCE7
340	337		WITH SECTION 1-6-111.8
341	338		(l) IF, AT A COUNTY COMMISSIONER VACANCY ELECTION, AFTER9
342	339		ALL RECOUNTS HAVE BEEN COMPLETED, ANY TWO OR MORE CANDIDATES10
343	340		TIE FOR THE HIGHEST NUMBER OF VOTES FOR THE SAME OFFICE , THE TIE11
344	341		MUST BE RESOLVED IN A MANNER AGREED UPON BY THE TYING12
345	342		CANDIDATES. IN CASE THE CANDIDATES FAIL TO AGREE ON THE METHOD13
346	343		OF RESOLUTION WITHIN FIVE DAYS AFTER THE CANVASS IS COMPLETE, THE14
347	344		TIE MUST BE RESOLVED BY LOT TO BE CAST AS THE APPROPRIATE COUNTY15
348	345		CLERK AND RECORDER MAY DETERMINE .16
349	346		SECTION 5. In Colorado Revised Statutes, 1-45-103, amend (2)17
350	347		and (8) as follows:18
351	348		1-45-103. Definitions. As used in this article 45, unless the19
352	349		context otherwise requires:20
353	350		(2) "Candidate" shall have HAS the same meaning as set forth in21
354	351		section 2 (2) of article XXVIII of the state constitution;
355	352		EXCEPT THAT22 "CANDIDATE" ALSO INCLUDES A CANDIDATE FOR A COUNTY23
356	353		COMMISSIONER VACANCY ELECTION .24
357	354		(8) "Election cycle" shall have HAS the same meaning as set forth25
358	355		in section 2 (6) of article XXVIII of the state constitution;
359	356		EXCEPT THAT,26
360	357		FOR COUNTY COMMISSIONER VACANCY ELECTIONS HELD PURSUANT TO27
361	358		1319
362	359		-11- SECTION 1-12-206, "ELECTION CYCLE" MEANS THE PERIOD BEGINNING ON1
363	360		THE DATE THE VACANCY TO BE FILLED BY VACANCY ELECTION OCCURRED2
364	361		AND ENDING THIRTY DAYS FOLLOWING THE VACANCY ELECTION FOR THAT3
365	362		OFFICE.4
366	363		5
367	364		SECTION 6. In Colorado Revised Statutes, 1-45-103.7, add (4.7)6
368	365		as follows:7
369	366		1-45-103.7. Contribution limits - county offices - school district8
370	367		director - treatment of independent expenditure committees -9
371	368		contributions from limited liability companies - voter instructions on10
372	369		spending limits - definitions. (4.7) (a) A
373	370		CANDIDATE COMMITTEE11
374	371		ESTABLISHED IN THE NAME OF A CANDIDATE WHO IS RUNNING FOR A12
375	372		COUNTY COMMISSIONER VACANCY ELECTION , MAY ACCEPT FROM ANY ONE13
376	373		PERSON THE AGGREGATE CONTRIBUTION LIMIT FOR A GENERAL ELECTION14
377	374		AS SPECIFIED IN SUBSECTION (1.5) OF THIS SECTION APPLICABLE TO THE15
378	375		OFFICE OF COUNTY COMMISSIONER AT ANY POINT DURING THE ELECTION16
379	376		CYCLE.17
380	377		(b) A
381	378		CANDIDATE COMMITTEE ESTABLISHED IN THE NAME OF A18 CANDIDATE WHO IS RUNNING FOR A COUNTY COMMISSIONER VACANCY19
382	379		ELECTION, MAY EXPEND CONTRIBUTIONS IN ACCORDANCE WITH20
383	380		SUBSECTION (4.7)(a) OF THIS SECTION AT ANY POINT DURING THE21
384	381		ELECTION CYCLE.22
385	382		SECTION 7. In Colorado Revised Statutes, 1-45-108, amend23
386	383		(2)(a)(I)(C), (2)(a)(I)(D), and (2)(a)(I)(F) as follows:24
387	384		1-45-108. Disclosure - definitions - repeal. (2) (a) (I) Except as25
388	385		provided in subsections (2)(a)(V), (2.1), (2.5), (2.7), and (6) of this26
389	386		section, such reports that are required to be filed with the secretary of27
390	387		1319
391	388		-12- state must be filed:1
392	389		(C) On the first day of each month beginning the sixth full month2
393	390		before the major election; except that no monthly report shall be required3
394	391		on the first day of the month in which the major election OR COUNTY4
395	392		COMMISSIONER VACANCY ELECTION , is held;5
396	393		(D) On the first Monday in September and on each Monday every6
397	394		two weeks thereafter before the major election OR COUNTY7
398	395		COMMISSIONER VACANCY ELECTION ;8
399	396		(F) Fourteen days before and thirty days after a special legislative9
400	397		election OR COUNTY COMMISSIONER VACANCY ELECTION, held in an10
401	398		off-election year.11
402	399		SECTION 8. Appropriation. For the 2025-26 state fiscal year,12
403	400		$314,920 is appropriated to the department of state for use by the13
404	401		information technology division. This appropriation is from the14
405	402		department of state cash fund created in section 24-21-104 (3)(b), C.R.S.15
406	403		To implement this act, the division may use this appropriation for16
407	404		personal services.17
408	405		SECTION 9. Safety clause. The general assembly finds,18
409	406		determines, and declares that this act is necessary for the immediate19
410	407		preservation of the public peace, health, or safety or for appropriations for20
411	408		the support and maintenance of the departments of the state and state21
412	409		institutions.22
413	410		1319
414	411		-13-