A Bill for an Act
Page 1, Line 101Concerning vacancies in the general assembly.
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.)
Sections 1 and 2 of the bill change the number of committeepersons elected at a political party's precinct caucus from 2 to 4.
Current law requires the political party central committee of most jurisdictions to select a vacancy committee to fill vacancies in the central committee and in the district and state offices held by members of the political party. Current law also requires a vacancy committee to consist of, at a minimum, the members of the central committee of a jurisdiction. Section 2 requires that a vacancy committee selected by a state senatorial central committee or state representative central committee to fill a vacancy also consist of, at a minimum, any county commissioners who are members of the political party and reside within the state senatorial or state representative district. Section 2 also provides that if a vacancy in the office of precinct committeeperson is filled, the new appointee shall not participate in the vacancy committee process to fill a vacancy in the general assembly until, at the earliest, 91 days after appointment.
Current law provides that vacancies in the general assembly are filled by vacancy committee selection until the next general election after the vacancy occurs, when the vacancy is filled by election. Section 4 modifies the way that vacancies are filled by election when the vacating member of the general assembly is affiliated with a major political party by requiring that, if the vacancy occurs on or after July 31 of an even-numbered year and before July 31 of an odd-numbered year, the vacancy must be filled by vacancy committee selection until the Tuesday succeeding the first Monday of November of the odd-numbered year following the vacancy, when the vacancy must be filled by a major political party at the odd-year November election (major political party vacancy election). The candidate elected in the major political party vacancy election serves until the next general election. If a vacancy in the general assembly occurs on or after July 31of an odd-numbered year and before July 31 of an even-numbered year and the vacating member is affiliated with a major political party, the vacancy is filled pursuant to current law.
The only candidates who may run in a major political party vacancy election are candidates who are members of the same political party and of the same representative or senatorial district represented by the former member of the general assembly whose seat is vacant. The only voters who may vote in the major political party vacancy election are voters who are unaffiliated or are members of the same political party as the former member of the general assembly whose seat is vacant and who reside in the same representative or senatorial district represented by the former member of the general assembly whose seat is vacant.
A candidate must be placed on the ballot for a major political party vacancy election if the candidate:
- Files a nominating statement signed by 30% of the district vacancy committee members with the secretary of state and the candidate's major political party before 5p.m. on the seventieth day preceding the major political party vacancy election; or
- Submits to the secretary of state, at least 75 days prior to the major political party 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. If a vacancy committee member signs a nominating statement after having signed another nominating statement filed for the same office in the same major political party election, the vacancy committee member's later signature does not count towards the thirty percent of applicable vacancy committee member signatures required. If an eligible elector signs a petition after having signed another petition submitted for the same office in the same major political party election, the elector's later signature does not count towards the two hundred elector signatures required.
Section 4 also requires vacancy committee meetings to fill vacancies in the general assembly to be accessible in real time by live streaming video or audio that is recorded and accessible to the public. Section 3 provides that a political party may, by vote of the party's state central committee, forego a major political party election and choose to nominate a candidate by assembly or convention instead.
Section 5 defines a vacancy contender for the purpose of campaign finance regulations as any person who seeks to be selected by a vacancy committee to fill a vacancy in the general assembly (vacancy contender) and adds vacancy contenders to the definition of candidate.
Section 6 establishes contribution limits for a candidate committee established in the name of a candidate who is a vacancy contender and provides deadlines by which a candidate committee established in the name of a vacancy contender may expend contributions.
Section 7 requires disclosures for contributions related to vacancy contenders and requires those disclosures to be filed on the Monday of each week during the period in which the vacancy committee is selecting a vacancy contender to fill the vacancy in the general assembly.
Page 3, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 3, Line 2SECTION 1. In Colorado Revised Statutes, 1-3-102, amend (2)(a) as follows:
Page 3, Line 31-3-102. Precinct caucuses. (2) (a) The participants at the
Page 3, Line 4precinct caucus shall also elect
twoPage 3, Line 5person eighteen years of age or older, or a person sixteen years of age or
Page 3, Line 6older who is preregistered to vote, may be a candidate for the office of
Page 3, Line 7precinct committeeperson if
he or shePage 4, Line 1the precinct for twenty-two days and has been affiliated with the political
Page 4, Line 2party holding the precinct caucus for a period of at least twenty-two days
Page 4, Line 3preceding the date of the precinct caucus; except that any person who has
Page 4, Line 4attained the age of eighteen years, has attained the age of sixteen years
Page 4, Line 5and has preregistered to vote, or who has become a naturalized citizen
Page 4, Line 6during the twenty-two days immediately preceding the precinct caucus
Page 4, Line 7may be a candidate for the office of precinct committeeperson even
Page 4, Line 8though
he or shePage 4, Line 9for less than twenty-two days as shown in the statewide voter registration
Page 4, Line 10system. The
twoPage 4, Line 11caucus for precinct committeeperson are elected as the precinct
Page 4, Line 12committeepersons of the precinct. If
twoPage 4, Line 13precinct committeeperson receive an equal and the
secondPage 4, Line 14highest number of votes, or if
threePage 4, Line 15equal and the highest number of votes, the election must be determined
Page 4, Line 16by lot by those candidates. All disputes regarding the election of precinct
Page 4, Line 17committeepersons are determined by the credentials committees of the
Page 4, Line 18respective party assemblies. The names of the committeepersons elected
Page 4, Line 19must be certified to the county assembly of the political party by the
Page 4, Line 20officers of the caucus. The presiding officer and secretary of the county
Page 4, Line 21assembly shall file a certified list of the names and addresses, by precinct,
Page 4, Line 22of those persons elected as precinct committeepersons with the county clerk and recorder within four days after the date of the county assembly.
Page 4, Line 23SECTION 2. In Colorado Revised Statutes, 1-3-103, amend (1)(a), (12), and (13); and add (14) and (15) as follows:
Page 4, Line 241-3-103. Party committees. (1) (a) At its own precinct caucus,
Page 4, Line 25each political party shall elect
twoPage 5, Line 1election precinct as provided in section 1-3-102. Each committeeperson
Page 5, Line 2shall hold the position for a term of two years after the date of the
Page 5, Line 3election, and each shall serve until a successor is duly elected or
Page 5, Line 4appointed and commences the term of office. In case of a vacancy in the
Page 5, Line 5office of precinct committeeperson, the vacancy may be filled by the
Page 5, Line 6members of the county central committee vacancy committee. If the
Page 5, Line 7county central committee vacancy committee does not fill the vacancy
Page 5, Line 8within thirty days of the vacancy occurring, the vacancy may be filled by
Page 5, Line 9the recommendation of the county chair, subject to ratification by the
Page 5, Line 10county central committee. If the county chair does not fill the vacancy
Page 5, Line 11within sixty days of the vacancy occurring, the vacancy may be filled by
Page 5, Line 12recommendation of the state chair, subject to ratification by the county
Page 5, Line 13central committee. The person selected must be a resident of the precinct
Page 5, Line 14in which the vacancy occurred. When a vacancy in the office of
Page 5, Line 15precinct committeeperson is filled in accordance with this
Page 5, Line 16section, the newly appointed precinct committeeperson shall not
Page 5, Line 17participate in the vacancy committee process described in
Page 5, Line 18section 1-12-203 to fill a vacancy in the general assembly until,
Page 5, Line 19at the earliest, ninety-one days after the newly appointed precinct committeeperson was appointed.
Page 5, Line 20(12) If a jurisdiction's central committee
of a jurisdictionPage 5, Line 21is not a state senatorial central committee or state
Page 5, Line 22representative central committee fails to select a vacancy
Page 5, Line 23committee, the central committee of the jurisdiction serves as the vacancy committee.
Page 5, Line 24(13) In selecting the members of a vacancy committee authorized
Page 5, Line 25to fill vacancies in office pursuant to this section, the jurisdiction's
Page 6, Line 1central committee
of a jurisdictionPage 6, Line 2central committee or state representative central committee
Page 6, Line 3shall select, at a minimum, the members of the jurisdiction's central committee.
Page 6, Line 4(14) If a state senatorial central committee or state
Page 6, Line 5representative central committee fails to select a vacancy
Page 6, Line 6committee, the vacancy committee is comprised of the state
Page 6, Line 7senatorial central committee or state representative central
Page 6, Line 8committee and any county commissioners who are members of
Page 6, Line 9the political party and reside within the state senatorial or state representative district.
Page 6, Line 10(15) In selecting the members of a vacancy committee
Page 6, Line 11authorized to fill vacancies in office pursuant to this section,
Page 6, Line 12the state senatorial central committee or state representative
Page 6, Line 13central committee shall select, at a minimum, the members of
Page 6, Line 14the state senatorial central committee or state representative
Page 6, Line 15central committee and any county commissioners who are
Page 6, Line 16members of the political party and reside within the state senatorial or state representative district.
Page 6, Line 17SECTION 3. In Colorado Revised Statutes, 1-4-702, amend (1) and (3) as follows:
Page 6, Line 181-4-702. Nominations of candidates for general election by
Page 6, Line 19convention. (1) Notwithstanding any other provision of law, a political
Page 6, Line 20party may choose to change from the nomination of candidates by
Page 6, Line 21primary election or by the process described in section 1-12-203 in
Page 6, Line 22the case of a major political party vacancy election to the
Page 6, Line 23nomination of candidates by assembly or convention for all offices
Page 7, Line 1including, but not limited to, United States senator, representative in
Page 7, Line 2congress, all elective state, district, and county officers, and members of
Page 7, Line 3the general assembly if at least three-fourths of the total voting
Page 7, Line 4membership of the party's state central committee votes are cast in the
Page 7, Line 5affirmative to use the assembly or convention nomination process;
Page 7, Line 6except that nominations by major political parties for candidates for
Page 7, Line 7lieutenant governor shall be made by the party's candidate for governor
Page 7, Line 8pursuant to section 1-4-502 (3). Such vote of the party central committee
Page 7, Line 9shall occur no later than October 1 of the year preceding the year in which
Page 7, Line 10an assembly or convention nominating process is to be used. For
Page 7, Line 11purposes of this vote, members of the state central committee shall not vote by proxy.
Page 7, Line 12(3) Whichever method of candidate selection is chosen by a major
Page 7, Line 13political party as between primary election, assembly or convention, all
Page 7, Line 14of the candidates for that party at any level of office in that election year
Page 7, Line 15must be selected by such method, except that the requirements of this
Page 7, Line 16provision shall not apply to a primary for president of the United States
Page 7, Line 17if such an election is held or to candidates for a major political party vacancy election pursuant to section 1-12-203.
Page 7, Line 18SECTION 4. In Colorado Revised Statutes, 1-12-203, amend (1) and (3)(a); and add (1.5) as follows:
Page 7, Line 191-12-203. Vacancies in general assembly. (1) In the event of a
Page 7, Line 20vacancy in the general assembly caused by the death or resignation of a
Page 7, Line 21member who has been sworn into office, caused by the death or
Page 7, Line 22resignation of a member who has been elected to a seat but who has not
Page 7, Line 23yet been sworn into office, or caused by a person not taking the oath of
Page 7, Line 24office as provided in
paragraph (b) of subsection (3)Page 8, Line 1of this section, the vacancy shall be filled by the appropriate vacancy
Page 8, Line 2committee, if any, as provided in section 1-3-103 (1)(d), of the same
Page 8, Line 3political party and of the same representative or senatorial district
Page 8, Line 4represented by the former member whose seat is vacant. If the member
Page 8, Line 5was affiliated with a minor political party, then the vacancy
shallPage 8, Line 6be filled by the vacancy committee designated in the constitution or
Page 8, Line 7bylaws of the minor political party. If the member was unaffiliated with
Page 8, Line 8a political party, then the vacancy
shallPage 8, Line 9committee designated on the petition for nomination pursuant to section
Page 8, Line 101-4-802 (1)(e). Except as otherwise provided in subsection (1.5) of
Page 8, Line 11this section, the vacancy
shallPage 8, Line 12election after the vacancy occurs, when the vacancy
shallPage 8, Line 13(1.5) (a) If a vacancy in the general assembly occurs on or
Page 8, Line 14after July 31 of an odd-numbered year and before July 31 of the
Page 8, Line 15next even-numbered year and the former member whose seat is
Page 8, Line 16vacant was affiliated with a major political party, the vacancy
Page 8, Line 17must be filled by a vacancy committee pursuant to subsection (1)
Page 8, Line 18of this section until the next general election after the vacancy occurs, when the vacancy must be filled by election.
Page 8, Line 19(b) If a vacancy in the general assembly occurs on or
Page 8, Line 20after July 31 of an even-numbered year and before July 31 of the
Page 8, Line 21next odd-numbered year and the former member whose seat is
Page 8, Line 22vacant was affiliated with a major political party, the vacancy
Page 8, Line 23must be filled by a vacancy committee pursuant to subsection (1)
Page 8, Line 24of this section until the Tuesday succeeding the first Monday of
Page 8, Line 25November of the odd-numbered year following the vacancy,
Page 9, Line 1when the vacancy must be filled by a major political party
Page 9, Line 2vacancy election. The candidate elected in the major political
Page 9, Line 3party vacancy election shall serve until the next general election, when the vacancy must be filled by election.
Page 9, Line 4(c) The only candidates who may run in a major political
Page 9, Line 5party vacancy election described in subsection (1.5)(b) of this
Page 9, Line 6section are candidates who are members of the same political
Page 9, Line 7party and of the same representative or senatorial district as
Page 9, Line 8the former member whose seat is vacant. The only voters who
Page 9, Line 9may vote in the major political party vacancy election are voters who:
Page 9, Line 10(I) Are unaffiliated or are members of the same political party as the former member whose seat is vacant; and
Page 9, Line 11(II) Reside in the same representative or senatorial district represented by the former member whose seat is vacant.
Page 9, Line 12(d) A candidate must be placed on the ballot for a major
Page 9, Line 13political party vacancy election described in subsection (1.5)(b) of this section if the candidate:
Page 9, Line 14(I) Files a nominating statement on a form created by the
Page 9, Line 15candidate's political party that is signed by thirty percent of
Page 9, Line 16the applicable vacancy committee members with the secretary
Page 9, Line 17of state and the candidate's political party before 5 p.m. on the
Page 9, Line 18seventieth day preceding the major political party vacancy election; or
Page 9, Line 19(II) Submits to the secretary of state, at least
Page 9, Line 20seventy-five days prior to the major political party vacancy
Page 9, Line 21election, a notarized candidate's statement of intent and a
Page 10, Line 1petition signed by at least two hundred electors who are
Page 10, Line 2affiliated with the same political party as the candidate and are
Page 10, Line 3eligible to vote in the district for which the candidate is to be elected and as provided in section 1-4-904.
Page 10, Line 4(e) If a vacancy committee member signs a nominating
Page 10, Line 5statement in accordance with subsection (1.5)(d)(I) of this
Page 10, Line 6section after having signed another nominating statement filed
Page 10, Line 7for the same office in the same major political party election,
Page 10, Line 8the vacancy committee member's later signature does not count
Page 10, Line 9towards the thirty percent of applicable vacancy committee
Page 10, Line 10member signatures required pursuant to subsection (1.5)(d)(I) of this section.
Page 10, Line 11(f) If an eligible elector signs a petition in accordance
Page 10, Line 12with subsection (1.5)(d)(II) of this section after having signed
Page 10, Line 13another petition submitted for the same office in the same major
Page 10, Line 14political party election, the elector's later signature does not
Page 10, Line 15count towards the two hundred elector signatures required pursuant to subsection (1.5)(d)(II) of this section.
Page 10, Line 16(g) The candidate's political party shall verify that a
Page 10, Line 17nominating statement filed pursuant to this section satisfies
Page 10, Line 18subsection (1.5)(d)(I) of this section. The secretary of state shall
Page 10, Line 19verify that a petition submitted pursuant to this section satisfies subsection (1.5)(d)(II) of this section.
Page 10, Line 20(h) The only candidates who are placed on the ballot for
Page 10, Line 21a major political party vacancy election are those described in subsections (1.5)(d)(I) and (1.5)(d)(II) of this section.
Page 10, Line 22(3) (a) The vacancy committee, by a majority vote of its members
Page 11, Line 1present and voting at a meeting called for that purpose and open to the
Page 11, Line 2public, shall select a person who possesses the constitutional
Page 11, Line 3qualifications for a member of the general assembly and who is affiliated
Page 11, Line 4with the same political party or minor political party, if any, shown in the
Page 11, Line 5statewide voter registration system as the former member whose seat is
Page 11, Line 6vacant. No vacancy committee meeting shall be held until a quorum is
Page 11, Line 7present consisting of not less than one-half of the voting membership of
Page 11, Line 8the vacancy committee. No member of the vacancy committee may vote
Page 11, Line 9by proxy. All vacancy committee meetings must be accessible in
Page 11, Line 10real time by live streaming video or audio that is recorded and
Page 11, Line 11accessible to the public. The committee shall certify the selection to
Page 11, Line 12the secretary of state within thirty days from the date the vacancy occurs;
Page 11, Line 13except that, in the case of a vacancy filled pursuant to section 1-4-1006,
Page 11, Line 14the committee shall certify the selection within thirty days after the date
Page 11, Line 15of the general election affected by the vacancy. If the vacancy committee
Page 11, Line 16fails to certify a selection within thirty days in accordance with this
Page 11, Line 17subsection (3), the governor, within five days, shall fill the vacancy by
Page 11, Line 18appointing a person having the qualifications set forth in this subsection
Page 11, Line 19(3). The name of the person selected or appointed must be certified to the secretary of state.
Page 11, Line 20SECTION 5. In Colorado Revised Statutes, 1-45-103, amend (2); and add (19) as follows:
Page 11, Line 211-45-103. Definitions. As used in this article 45, unless the context otherwise requires:
Page 11, Line 22(2) "Candidate" has the same meaning as set forth in section 2 (2)
Page 11, Line 23of article XXVIII of the state constitution; except that "candidate"
Page 11, Line 24also includes a vacancy contender who has publicly announced
Page 12, Line 1an intention to be selected by a vacancy committee to fill a
Page 12, Line 2vacancy in the general assembly and thereafter has received a
Page 12, Line 3contribution or made an expenditure in support of the
Page 12, Line 4candidacy. A vacancy contender remains a candidate for
Page 12, Line 5purposes of this article 45 so long as the vacancy contender
Page 12, Line 6maintains a registered candidate committee. A vacancy
Page 12, Line 7contender who maintains a candidate committee after a
Page 12, Line 8vacancy committee has filled the applicable vacancy in the
Page 12, Line 9general assembly, but who has not publicly announced an
Page 12, Line 10intention to seek election to the general assembly in the next or
Page 12, Line 11any subsequent election cycle, is a candidate for purposes of this article 45.
Page 12, Line 12(19) "Vacancy contender" means any person who seeks to
Page 12, Line 13be selected by a vacancy committee to fill a vacancy in the general assembly pursuant to section 1-12-203.
Page 12, Line 14SECTION 6. In Colorado Revised Statutes, 1-45-103.7, add (4.7) as follows:
Page 12, Line 151-45-103.7. Contribution limits - county offices - school district
Page 12, Line 16director - treatment of independent expenditure committees -
Page 12, Line 17contributions from limited liability companies - voter instructions on
Page 12, Line 18spending limits - definitions. (4.7) (a) If a vacancy contender does
Page 12, Line 19not run for the formerly vacant seat in the next major political
Page 12, Line 20party vacancy election in accordance with section 1-12-203 (1.5)
Page 12, Line 21or the next general election, a candidate committee established
Page 12, Line 22in the name of the vacancy contender may accept from any one
Page 12, Line 23person the aggregate contribution limit specified in section 3 (1)
Page 12, Line 24of article XXVIII of the state constitution at any point during
Page 13, Line 1the period in which the vacancy contender is seeking to be
Page 13, Line 2selected by a vacancy committee to fill the vacancy in the general assembly.
Page 13, Line 3(b) If a vacancy contender runs for the formerly vacant
Page 13, Line 4seat in the next major political party vacancy election in
Page 13, Line 5accordance with section 1-12-203 (1.5) or the next general
Page 13, Line 6election, a candidate committee established in the name of the
Page 13, Line 7vacancy contender may accept from any one person the
Page 13, Line 8aggregate contribution limit specified in section 3 (1) of article
Page 13, Line 9XXVIII of the state constitution at any point between the time
Page 13, Line 10at which the candidate became a vacancy contender and the time of the next general election for the formerly vacant seat.
Page 13, Line 11(c) A candidate committee established in the name of a
Page 13, Line 12vacancy contender who does not run for the formerly vacant
Page 13, Line 13seat in the next major political party vacancy election in
Page 13, Line 14accordance with section 1-12-203 (1.5) or the next general
Page 13, Line 15election may expend contributions received and accepted at any
Page 13, Line 16point during the period in which the vacancy contender is
Page 13, Line 17seeking to be selected by a vacancy committee to fill the vacancy in the general assembly.
Page 13, Line 18(d) A candidate committee established in the name of a
Page 13, Line 19vacancy contender who runs for the formerly vacant seat in
Page 13, Line 20the next major political party vacancy election in accordance
Page 13, Line 21with section 1-12-203 (1.5) or the next general election may
Page 13, Line 22expend contributions received and accepted at any point
Page 13, Line 23between the time at which the candidate became a vacancy
Page 13, Line 24contender and the time of the next general election for the formerly vacant seat.
Page 14, Line 1SECTION 7. In Colorado Revised Statutes, 1-45-108, amend (2)(a)(I) introductory portion and (2.5)(a); and add (2)(a)(VI) as follows:
Page 14, Line 21-45-108. Disclosure - definitions - repeal. (2) (a) (I) Except as
Page 14, Line 3provided in subsections (2)(a)(V), (2)(a)(VI), (2.1), (2.5), (2.7), and (6)
Page 14, Line 4of this section, such reports that are required to be filed with the secretary of state must be filed:
Page 14, Line 5(VI) Such reports that are required to be filed with the
Page 14, Line 6secretary of state for contributions received related to
Page 14, Line 7vacancy contenders must be filed on the Monday of each week
Page 14, Line 8during the period in which the vacancy contender is seeking to
Page 14, Line 9be selected by a vacancy committee to fill a vacancy in the general assembly pursuant to section 1-12-203.
Page 14, Line 10(2.5) (a) Except as provided in subsection (2.5)(b) of this section,
Page 14, Line 11and in addition to any report required to be filed with the secretary of
Page 14, Line 12state or municipal clerk under this section, all candidate committees, issue
Page 14, Line 13committees, and political parties must file a report with the secretary of
Page 14, Line 14state of any contribution of one thousand dollars or more at any time
Page 14, Line 15within thirty days preceding the date of the primary election, general
Page 14, Line 16election, regular biennial school election, or special school election, as
Page 14, Line 17applicable, or at any time during the period in which a vacancy
Page 14, Line 18committee is selecting a vacancy contender to fill a vacancy in
Page 14, Line 19the general assembly. This report must be filed with the secretary of state no later than twenty-four hours after the receipt of said contribution.
Page 14, Line 20SECTION 8. Safety clause. The general assembly finds,
Page 14, Line 21determines, and declares that this act is necessary for the immediate
Page 14, Line 22preservation of the public peace, health, or safety or for appropriations for
Page 15, Line 1the support and maintenance of the departments of the state and state institutions.