A Bill for an Act
Page 1, Line 101Concerning vacancies in the office of county commissioner.
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 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.
Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 2, Line 2SECTION 1. In Colorado Revised Statutes, 1-4-702, amend (1) and (3) as follows:
Page 3, Line 11-4-702. Nominations of candidates for general election by
Page 3, Line 2convention. (1) Notwithstanding any other provision of law, a political
Page 3, Line 3party may choose to change from the nomination of candidates by
Page 3, Line 4primary election or by the process described in section 1-12-206 (8)
Page 3, Line 5in the case of a county commissioner vacancy election to the
Page 3, Line 6nomination of candidates by assembly or convention for all offices
Page 3, Line 7including, but not limited to, United States senator, representative in
Page 3, Line 8congress, all elective state, district, and county officers, and members of
Page 3, Line 9the general assembly if at least three-fourths of the total voting
Page 3, Line 10membership of the party's state central committee votes are cast in the
Page 3, Line 11affirmative to use the assembly or convention nomination process;
Page 3, Line 12except that nominations by major political parties for candidates for
Page 3, Line 13lieutenant governor shall be made by the party's candidate for governor
Page 3, Line 14pursuant to section 1-4-502 (3). Such vote of the party central committee
Page 3, Line 15shall occur no later than October 1 of the year preceding the year in which
Page 3, Line 16an assembly or convention nominating process is to be used. For
Page 3, Line 17purposes of this vote, members of the state central committee shall not vote by proxy.
Page 3, Line 18(3) Whichever method of candidate selection is chosen by a major
Page 3, Line 19political party as between primary election, assembly, or convention, all
Page 3, Line 20of the candidates for that party at any level of office in that election year
Page 3, Line 21must be selected by such method, except that the requirements of this
Page 3, Line 22provision shall not apply to a primary for president of the United States
Page 3, Line 23if such an election is held or to candidates for a county commissioner vacancy election pursuant to section 1-12-206 (8).
Page 3, Line 24SECTION 2. In Colorado Revised Statutes, 1-5-505.5, add (1)(d) as follows:
Page 4, Line 11-5-505.5. State reimbursement to counties for elections with
Page 4, Line 2state certified ballot content. (1) (d) (I) For a county commissioner
Page 4, Line 3vacancy election, as described in section 1-12-206 (8)(a), held as
Page 4, Line 4part of an odd-year November election for which the state
Page 4, Line 5certifies any ballot content, the state shall reimburse each
Page 4, Line 6county for forty-five percent of the costs that the county
Page 4, Line 7incurs in conducting the vacancy election, including the cost of
Page 4, Line 8printing and supplies. The remainder of the costs that the
Page 4, Line 9county incurs in conducting the vacancy election is a county
Page 4, Line 10charge, the payment of which is provided in the same manner as
Page 4, Line 11the payment of other expenses. The secretary of state may adopt
Page 4, Line 12rules for determining which costs are necessary and reasonable and therefore reimbursable by the state.
Page 4, Line 13(II) For a county commissioner vacancy election, as
Page 4, Line 14described in section 1-12-206 (8)(a), held as part of an odd-year
Page 4, Line 15November election for which the state does not certify any
Page 4, Line 16ballot content, the costs that the county incurs in conducting the vacancy election are borne by the county.
Page 4, Line 17SECTION 3. In Colorado Revised Statutes, 1-12-206, amend (1) and (5); and add (8), (9), and (10) as follows:
Page 4, Line 181-12-206. Vacancies in the office of county commissioner -
Page 4, Line 19county commissioner vacancy election - rules. (1) In case of a vacancy
Page 4, Line 20occurring in the office of county commissioner, a vacancy committee
Page 4, Line 21constituted as provided in this section shall, by a majority vote of its
Page 4, Line 22members present at a meeting called for the purpose, fill the vacancy by
Page 4, Line 23appointment within ten days after the occurrence of the vacancy. The
Page 5, Line 1meeting shall not be held unless a quorum is present consisting of not less
Page 5, Line 2than one-half of the voting members of the vacancy committee. A
Page 5, Line 3member of the vacancy committee may not vote by proxy. All vacancy
Page 5, Line 4committee meetings must be accessible in real time by live
Page 5, Line 5streaming video or audio that is recorded and accessible to the
Page 5, Line 6public. If the vacancy committee fails to fill the vacancy within ten days,
Page 5, Line 7the governor shall fill the vacancy by appointment within fifteen days after the occurrence of the vacancy.
Page 5, Line 8(5) Any person appointed to a vacancy in the office of county
Page 5, Line 9commissioner under this section must be a resident of the county and
Page 5, Line 10reside within the district, if any, in which the vacancy exists and must be
Page 5, Line 11a member of the same major political party or minor political party, if
Page 5, Line 12any, shown in the statewide voter registration system as the vacating
Page 5, Line 13commissioner.
AnyPage 5, Line 14of this section, a person appointed pursuant to this section holds the
Page 5, Line 15office until the next general election or until the vacancy is filled by election according to law.
Page 5, Line 16(8) (a) Except as provided in section 1-12-208, for counties
Page 5, Line 17with a population of at least fifty thousand, if a vacancy in the
Page 5, Line 18office of county commissioner occurs on or after July 31 of an
Page 5, Line 19even-numbered year and before July 31 of the next
Page 5, Line 20odd-numbered year and the former commissioner whose seat is
Page 5, Line 21vacant was affiliated with a major political party, the vacancy
Page 5, Line 22must be filled by a vacancy committee pursuant to subsection (1)
Page 5, Line 23of this section until the next regularly scheduled odd-year
Page 5, Line 24November election, when the vacancy must be filled by county
Page 5, Line 25commissioner vacancy election. The candidate elected in the
Page 6, Line 1county commissioner vacancy election shall serve until the
Page 6, Line 2next general election, when the vacancy must be filled by election.
Page 6, Line 3(b) The only candidates who may run in a county
Page 6, Line 4commissioner vacancy election described in subsection (8)(a) of
Page 6, Line 5this section are candidates who are members of the same
Page 6, Line 6political party and of the same district as the former
Page 6, Line 7commissioner whose seat is vacant. A candidate must meet the
Page 6, Line 8current statutory and constitutional requirements for county
Page 6, Line 9commissioner and be registered with the same major political
Page 6, Line 10party as the vacating commissioner by the first business day in
Page 6, Line 11January of the calendar year in which the county commissioner vacancy election occurs.
Page 6, Line 12(c) The only candidates who are placed on the ballot for
Page 6, Line 13a county commissioner vacancy election described in subsection
Page 6, Line 14(8)(a) of this section are those candidates described in this
Page 6, Line 15subsection (8)(c). A candidate must be placed on the ballot for a county commissioner vacancy election if the candidate:
Page 6, Line 16(I) Files a nominating statement on a form created by the
Page 6, Line 17candidate's political party that is signed by at least thirty
Page 6, Line 18percent of the applicable vacancy committee members with the
Page 6, Line 19county clerk and recorder and the candidate's political party
Page 6, Line 20before 5 p.m. on the seventieth day preceding the county commissioner vacancy election; or
Page 6, Line 21(II) Submits to the county clerk and recorder, at least
Page 6, Line 22seventy-five days prior to the county commissioner vacancy
Page 6, Line 23election, a notarized candidate's statement of intent and a
Page 7, Line 1petition signed by at least two hundred electors who are
Page 7, Line 2affiliated with the same political party as the candidate and are
Page 7, Line 3eligible to vote in the district for which the candidate is to be elected as provided in section 1-4-904.
Page 7, Line 4(d) (I) The candidate's political party shall verify that a
Page 7, Line 5nominating statement filed pursuant to this subsection (8)
Page 7, Line 6satisfies the requirements of subsection (8)(c)(I) of this section.
Page 7, Line 7Upon the political party's verification that the nominating
Page 7, Line 8statement is sufficient, the county clerk and recorder shall certify the candidate to the ballot.
Page 7, Line 9(II) If a vacancy committee member signs a nominating
Page 7, Line 10statement in accordance with subsection (8)(c)(I) of this section
Page 7, Line 11after having signed another nominating statement filed for the
Page 7, Line 12same office in the same county commissioner vacancy election,
Page 7, Line 13the vacancy committee member's later signature does not count
Page 7, Line 14toward the thirty percent of applicable vacancy committee
Page 7, Line 15member signatures required pursuant to subsection (8)(c)(I) of this section.
Page 7, Line 16(e) (I) The county clerk and recorder shall verify that a
Page 7, Line 17petition submitted pursuant to this subsection (8) satisfies the
Page 7, Line 18requirements of subsection (8)(c)(II) of this section. The county
Page 7, Line 19clerk and recorder shall review the petition according to
Page 7, Line 20section 1-4-908; except that the county clerk and recorder
Page 7, Line 21shall notify the candidate of the sufficiency or insufficiency of
Page 7, Line 22the petition no later than ten calendar days after receiving the
Page 7, Line 23petition. If the county clerk and recorder determines the
Page 7, Line 24petition to be sufficient, the county clerk and recorder shall
Page 8, Line 1issue a statement of sufficiency. Protests and review of the
Page 8, Line 2sufficiency of a petition are according to sections 1-4-909 and
Page 8, Line 31-4-911. Upon determining that the petition is sufficient and
Page 8, Line 4after the time for protest has passed, the county clerk and recorder shall certify the candidate to the ballot.
Page 8, Line 5(II) If an eligible elector signs a petition in accordance
Page 8, Line 6with subsection (8)(c)(II) of this section after having signed
Page 8, Line 7another petition submitted for the same office in the same
Page 8, Line 8county commissioner vacancy election, the elector's later
Page 8, Line 9signature does not count toward the two hundred elector
Page 8, Line 10signatures required pursuant to subsection (8)(c)(II) of this section.
Page 8, Line 11(f) The only voters who may vote in the county
Page 8, Line 12commissioner vacancy election as described in subsection (8)(a)
Page 8, Line 13of this section are voters who reside in the same district
Page 8, Line 14represented by the former commissioner whose seat is vacant and who:
Page 8, Line 15(I) Are members of the same political party as the former commissioner whose seat is vacant; or
Page 8, Line 16(II) Are unaffiliated, unless at least three-fourths of the
Page 8, Line 17total voting membership of the political party's state central
Page 8, Line 18committee votes are cast in the affirmative to only allow
Page 8, Line 19members of the political party to vote at a county commissioner
Page 8, Line 20vacancy election as described in section (8)(a) of this section.
Page 8, Line 21Such vote of the central committee must occur no later than
Page 8, Line 22October 1 of the year preceding the county commissioner
Page 8, Line 23vacancy election. For purposes of this vote, members of the central committee shall not vote by proxy.
Page 9, Line 1(g) Except as modified by this subsection (8), the
Page 9, Line 2appropriate county clerk and recorder shall conduct the
Page 9, Line 3county commissioner vacancy election according to the other
Page 9, Line 4applicable provisions of this code and shall ensure that the
Page 9, Line 5county commissioner vacancy election uses the same method of
Page 9, Line 6election that was used to elect the vacating commissioner pursuant to part 3 of article 10 of title 30.
Page 9, Line 7(h) Upon receipt of the certified abstract of votes cast,
Page 9, Line 8the county clerk and recorder shall issue a certificate of
Page 9, Line 9election to the successor candidate who received the highest
Page 9, Line 10number of votes at the county commissioner vacancy election
Page 9, Line 11described in subsection (8)(a) of this section. The candidate who
Page 9, Line 12received the highest number of votes must be sworn in and
Page 9, Line 13assumes the duties of the office upon certification of the election results.
Page 9, Line 14(i) County commissioner vacancy elections described in
Page 9, Line 15subsection (8)(a) of this section are subject to the appropriate
Page 9, Line 16sections of article 45 of this title 1 and article XXVIII of the
Page 9, Line 17state constitution. An individual who seeks nomination or
Page 9, Line 18election to the office of county commissioner at a county
Page 9, Line 19commissioner vacancy election is a "candidate" for purposes of
Page 9, Line 20article 45 of this title 1 and section 2 (2) of article XXVIII of the state constitution.
Page 9, Line 21SECTION 4. In Colorado Revised Statutes, 1-45-103, amend (2) and (8); and add (19) as follows:
Page 9, Line 221-45-103. Definitions. As used in this article 45, unless the context otherwise requires:
Page 10, Line 1(2) "Candidate"
shall havePage 10, Line 2section 2 (2) of article XXVIII of the state constitution; except that
Page 10, Line 3"candidate" also includes a vacancy candidate as defined in subsection (19) of this section.
Page 10, Line 4(8) "Election cycle"
shall havePage 10, Line 5in section 2 (6) of article XXVIII of the state constitution; except that,
Page 10, Line 6for county commissioner vacancy elections held pursuant to
Page 10, Line 7section 1-12-206, "election cycle" means the period beginning on
Page 10, Line 8the date the vacancy to be filled by vacancy election occurred
Page 10, Line 9and ending thirty days following the vacancy election for that office.
Page 10, Line 10 (19) "Vacancy candidate" means any individual who seeks
Page 10, Line 11nomination or election to the office of county commissioner at
Page 10, Line 12a county commissioner vacancy election pursuant to section
Page 10, Line 131-12-206 (8). An individual is a vacancy candidate if the
Page 10, Line 14individual has publicly announced an intention to seek election
Page 10, Line 15at a county commissioner vacancy election and thereafter has
Page 10, Line 16received a contribution or made an expenditure in support of the
Page 10, Line 17candidacy. A vacancy candidate remains a candidate for
Page 10, Line 18purposes of this article 45 so long as the vacancy candidate
Page 10, Line 19maintains a registered candidate committee. A vacancy
Page 10, Line 20candidate who maintains a candidate committee after an
Page 10, Line 21election cycle, but who has not publicly announced an intention
Page 10, Line 22to seek election to public office in the next or any subsequent election cycle, is a candidate for purposes of this article 45.
Page 10, Line 23SECTION 5. In Colorado Revised Statutes, 1-45-103.7, add (4.7) as follows:
Page 11, Line 11-45-103.7. Contribution limits - county offices - school district
Page 11, Line 2director - treatment of independent expenditure committees -
Page 11, Line 3contributions from limited liability companies - voter instructions on
Page 11, Line 4spending limits - definitions. (4.7) (a) A candidate committee
Page 11, Line 5established in the name of a candidate who is a vacancy
Page 11, Line 6candidate running in a county commissioner vacancy election
Page 11, Line 7pursuant to section 1-12-206 (8) may accept from any one person
Page 11, Line 8the aggregate contribution limit specified in either section 3 (1)
Page 11, Line 9of article XXVIII of the state constitution or subsection (1.5) of
Page 11, Line 10this section applicable to the office of county commissioner at any point during the election cycle.
Page 11, Line 11(b) A candidate committee established in the name of a
Page 11, Line 12candidate who is a vacancy candidate running in a county
Page 11, Line 13commissioner vacancy election pursuant to section 1-12-206 (8)
Page 11, Line 14may expend contributions received and accepted in accordance
Page 11, Line 15with subsection (4.7)(a) of this section at any point during the election cycle.
Page 11, Line 16SECTION 6. Safety clause. The general assembly finds,
Page 11, Line 17determines, and declares that this act is necessary for the immediate
Page 11, Line 18preservation of the public peace, health, or safety or for appropriations for
Page 11, Line 19the support and maintenance of the departments of the state and state institutions.