A Bill for an Act
Page 1, Line 101Concerning vacancies in the office of county commissioner,
Page 1, Line 102and, in connection therewith, making an appropriation.
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 3, Line 1SECTION 1. In Colorado Revised Statutes, 1-1-104, add (7.3) as follows:
Page 3, Line 21-1-104. Definitions. As used in this code, unless the context otherwise requires:
Page 3, Line 3(7.3) "County commissioner vacancy election" means an
Page 3, Line 4election described in section 1-12-206 (8)(a) that is conducted as
Page 3, Line 5part of a November odd-year coordinated election and that is
Page 3, Line 6held for the purpose of filling a vacancy in an unexpired term of
Page 3, Line 7the office of county commissioner who was affiliated with a
Page 3, Line 8major political party in a county with a population of at least
Page 3, Line 9fifty thousand active voters as of the date of the last general election.
Page 3, Line 11SECTION 2. In Colorado Revised Statutes, 1-5-505.5, add (1)(d) as follows:
Page 3, Line 121-5-505.5. State reimbursement to counties for elections with
Page 3, Line 13state certified ballot content. (1) (d) (I) For a county commissioner
Page 3, Line 14vacancy election held as part of an odd-year November election
Page 3, Line 15for which the state certifies any ballot content, the state shall
Page 3, Line 16reimburse each county for forty-five percent of the costs that
Page 3, Line 17the county incurs in conducting the coordinated election, which
Page 3, Line 18may include the vacancy election,according to subsections
Page 3, Line 19(1)(a) and (1)(b) of this section. The remainder of the costs that
Page 3, Line 20the county incurs in conducting the vacancy election is a
Page 3, Line 21county charge, the payment of which is provided in the same
Page 3, Line 22manner as the payment of other expenses. The secretary of state
Page 3, Line 23may adopt rules for determining which costs are necessary and reasonable and therefore reimbursable by the state.
Page 4, Line 1(II) For a county commissioner vacancy electionheld as
Page 4, Line 2part of an odd-year November election for which the state does
Page 4, Line 3not certify any ballot content, the costs that the county incurs in conducting the vacancy election are county costs.
Page 4, Line 4SECTION 3. In Colorado Revised Statutes, 1-12-206, amend (1) and (5); and add(8)and (9) as follows:
Page 4, Line 51-12-206. Vacancies in the office of county commissioner -
Page 4, Line 6county commissioner vacancy election - repeal. (1) In case of a
Page 4, Line 7vacancy occurring in the office of county commissioner, a vacancy
Page 4, Line 8committee constituted as provided in this section shall, by a majority vote
Page 4, Line 9of its members present at a meeting called for the purpose, fill the
Page 4, Line 10vacancy by appointment within ten days after the occurrence of the
Page 4, Line 11vacancy. The meeting shall not be held unless a quorum is present
Page 4, Line 12consisting of not less than one-half of the voting members of the vacancy
Page 4, Line 13committee. A member of the vacancy committee may not vote by proxy.
Page 4, Line 14All vacancy committee meetings must be accessible in real time
Page 4, Line 15by live streaming video or audio that is recorded and accessible
Page 4, Line 16to the public. If the vacancy committee fails to fill the vacancy within
Page 4, Line 17ten days, the governor shall fill the vacancy by appointment within fifteen days after the occurrence of the vacancy.
Page 4, Line 18(5) Any person appointed to a vacancy in the office of county
Page 4, Line 19commissioner under this section must be a resident of the county and
Page 4, Line 20reside within the district, if any, in which the vacancy exists and must be
Page 4, Line 21a member of the same major political party or minor political party, if
Page 4, Line 22any, shown in the statewide voter registration system as the vacating
Page 4, Line 23commissioner.
AnyPage 5, Line 1of this section, a person appointed pursuant to this section holds the
Page 5, Line 2office until the next general election or until the vacancy is filled by election according to law.
Page 5, Line 3(8) (a) Except as provided in section 1-12-208 and
Page 5, Line 4notwithstanding any provision to the contrary in section
Page 5, Line 51-4-1010,unless the political party has voted pursuant to
Page 5, Line 6subsection (9) of this section to continue to fill vacancies by
Page 5, Line 7vacancy committee according to subsection (1) of this section,
Page 5, Line 8for counties with a population of at least fifty thousand active
Page 5, Line 9voters as of the date of the last general election that are not
Page 5, Line 10home rule counties, if a vacancy in the office of county
Page 5, Line 11commissioner occurs on or after July 31 of an even-numbered
Page 5, Line 12year and before July 31 of the next odd-numbered year and the
Page 5, Line 13former commissioner whose seat is vacant was affiliated with a
Page 5, Line 14major political party, the vacancy must be filled by a vacancy
Page 5, Line 15committee pursuant to subsection (1) of this section until the
Page 5, Line 16next regularly scheduled odd-year November election, when
Page 5, Line 17the vacancy must be filled by county commissioner vacancy
Page 5, Line 18election; except that, if the vacancy occurs for a seat that is
Page 5, Line 19scheduled to be on the ballot at the upcoming general election
Page 5, Line 20held in that even-numbered year and the vacancy occurs on or
Page 5, Line 21after July 31 of that even-numbered year but before the
Page 5, Line 22ninety-day period governed by section 1-12-208, the vacancy is
Page 5, Line 23filled by vacancy committee pursuant to this section. The
Page 5, Line 24candidate elected in the county commissioner vacancy election
Page 5, Line 25shall serve until the next regularly scheduled general
Page 5, Line 26election, when the vacancy must be filled by election.
Page 6, Line 1(b) The only candidates who may run in a county
Page 6, Line 2commissioner vacancy election are candidates who are
Page 6, Line 3members of the same political party and residents of the same
Page 6, Line 4district as the former commissioner whose seat is vacant. A
Page 6, Line 5candidate must be registered with the samemajorpolitical
Page 6, Line 6party as the vacating commissioner by the first business day in
Page 6, Line 7January of the calendar year in which the county commissioner vacancy election occurs.
Page 6, Line 8(c) A candidate for a county commissioner vacancy election is eligible to be placed on the ballot if the candidate:
Page 6, Line 9(I) Files a nominating statement on a form created by the
Page 6, Line 10candidate's political party that is signed by at least thirty
Page 6, Line 11percent of the applicable vacancy committee members with the
Page 6, Line 12county clerk and recorder and the candidate's political party
Page 6, Line 13before 5 p.m. on the seventieth day preceding the county commissioner vacancy election; or
Page 6, Line 14(II) Submits to the county clerk and recorder, no later
Page 6, Line 15than thirty days after their petition format has been approved
Page 6, Line 16or eighty-five days prior to the county commissioner vacancy
Page 6, Line 17election, whichever is sooner, a notarized candidate's statement
Page 6, Line 18of intent and a petition signed by at least two hundred electors
Page 6, Line 19who have been affiliated with the same political party as the
Page 6, Line 20candidate for twenty-two days before signing the petition and
Page 6, Line 21are eligible to vote in the district for which the candidate is to
Page 6, Line 22be elected. Part 9 of article 4 of this title 1 applies to petitions
Page 6, Line 23submitted pursuant to subsection (8) of this section; except that
Page 6, Line 24the provisions of part 9 of article 4 of this title 1 that conflict
Page 7, Line 1with the requirements or timeline described in this section, as
Page 7, Line 2well as provisions of part 9 of article 4 of this title 1 that apply
Page 7, Line 3to the secretary of state's review of petitions, do not apply to
Page 7, Line 4petitions submitted and reviewed pursuant to subsection (8) of
Page 7, Line 5this section. Petitions must not be circulated and signatures
Page 7, Line 6must not be obtained prior to the first business day after the
Page 7, Line 7effective date of the vacancy. A petition must not be circulated
Page 7, Line 8until it has been approved as meeting the requirements of section
Page 7, Line 91-4-904 as to form. The county clerk and recorder shall approve
Page 7, Line 10or disapprove a petition as to form no later than the close of the
Page 7, Line 11second business day following submission of the proposed petition.
Page 7, Line 12(d) A candidate shall only seek to be placed on the ballot
Page 7, Line 13for a county commissioner vacancy election throughone, but
Page 7, Line 14not both,of the methods described in subsection (3)(c) of this section.
Page 7, Line 15(e) (I) The candidate's political party county chair shall
Page 7, Line 16verify that a nominating statement filed pursuant to this
Page 7, Line 17subsection (8) satisfies the requirements of subsection (8)(c)(I) of
Page 7, Line 18this section. Upon the political party county chair's verification
Page 7, Line 19that the nominating statement is sufficient, the county clerk and recorder shall certify the candidate to the ballot.
Page 7, Line 20(II) If a vacancy committee member signs a nominating
Page 7, Line 21statement in accordance with subsection (8)(c)(I) of this section
Page 7, Line 22after having signed another nominating statement filed for the
Page 7, Line 23same office in the same county commissioner vacancy election,
Page 7, Line 24the vacancy committee member's signature only counts toward
Page 8, Line 1the thirty percent of applicable vacancy committee member
Page 8, Line 2signatures required pursuant to subsection (8)(c)(I) of this
Page 8, Line 3section on the first nominating statement submitted that contains the signature.
Page 8, Line 4(f) (I) The county clerk and recorder shall verify that a
Page 8, Line 5petition submitted pursuant to this subsection (8) satisfies the
Page 8, Line 6requirements of subsection (8)(c)(II) of this section. The county
Page 8, Line 7clerk and recorder shall review the petition according to
Page 8, Line 8section 1-4-908; except that the county clerk and recorder
Page 8, Line 9shall notify the candidate of the sufficiency or insufficiency of
Page 8, Line 10the petition no later than ten calendar days after receiving the
Page 8, Line 11petition. If the county clerk and recorder determines the
Page 8, Line 12petition to be sufficient, the county clerk and recorder shall
Page 8, Line 13issue a statement of sufficiency. Protests and review of the
Page 8, Line 14sufficiency of a petition are according to sections 1-4-909 and 1-4-911. Candidate placement on the ballot is drawn by lot.
Page 8, Line 15(II) If an eligible elector signs a petition in accordance
Page 8, Line 16with subsection (8)(c)(II) of this section after having signed
Page 8, Line 17another petition submitted for the same office in the same
Page 8, Line 18county commissioner vacancy election, the elector's signature
Page 8, Line 19only counts toward the two hundred elector signatures
Page 8, Line 20required pursuant to subsection (8)(c)(II) of this section on the first petition submitted that contains the signature.
Page 8, Line 21(g) The only voters who may vote in the county
Page 8, Line 22commissioner vacancy election are eligible electors of the
Page 8, Line 23county of the former commissioner whose seat is vacant and
Page 8, Line 24who:
Page 9, Line 1(I) Are affiliated, as of the twenty-second day before the
Page 9, Line 2county commissioner vacancy election, with the same political party as the former commissioner whose seat is vacant; or
Page 9, Line 3(II) Are unaffiliated with a political party as of the
Page 9, Line 4twenty-second day before the county commissioner vacancy election.
Page 9, Line 5(h) Except as modified by this subsection (8), the
Page 9, Line 6appropriate county clerk and recorder shall conduct the
Page 9, Line 7county commissioner vacancy election as part of the coordinated odd-year November election.
Page 9, Line 8(i) Upon receipt of the certified abstract of votes cast,
Page 9, Line 9the county clerk and recorder shall issue a certificate of
Page 9, Line 10election to the successor candidate who received the highest
Page 9, Line 11number of votes at the county commissioner vacancy election.
Page 9, Line 12The candidate who received the highest number of votes must be
Page 9, Line 13sworn in and assumes the duties of the office upon certification of the election results.
Page 9, Line 14(j) County commissioner vacancy elections are subject
Page 9, Line 15to the appropriate sections of article 45 of this title 1 and
Page 9, Line 16article XXVIII of the state constitution. An individual who
Page 9, Line 17seeks nomination or election to the office of county
Page 9, Line 18commissioner at a county commissioner vacancy election is a
Page 9, Line 19"candidate" for purposes of article 45 of this title 1 and section 2 (2) of article XXVIII of the state constitution.
Page 9, Line 20(k) A candidate in a county commissioner vacancy
Page 9, Line 21election may select watchers in the same manner as a candidate
Page 9, Line 22in a nonpartisan election as provided in section 1-7-107. The
Page 10, Line 1members of the canvass board for a county commissioner
Page 10, Line 2vacancy election must be appointed and certified in the manner
Page 10, Line 3provided in section 1-10-101. Election judges for county
Page 10, Line 4commissioner vacancy elections must be appointed in the same
Page 10, Line 5manner as election judges for partisan elections in accordance with section 1-6-111.
Page 10, Line 6(l) If, at a county commissioner vacancy election, after
Page 10, Line 7all recounts have been completed, any two or more candidates
Page 10, Line 8tie for the highest number of votes for the same office, the tie
Page 10, Line 9must be resolved in a manner agreed upon by the tying
Page 10, Line 10candidates. In case the candidates fail to agree on the method
Page 10, Line 11of resolution within five days after the canvass is complete, the
Page 10, Line 12tie must be resolved by lot to be cast as the appropriate county clerk and recorder may determine.
Page 10, Line 13(9) (a) A political party may choose to continue to fill a
Page 10, Line 14vacancy in the office of county commissioner by vacancy
Page 10, Line 15committee according to subsection (1) of this section rather
Page 10, Line 16than by the county commissioner vacancy election process
Page 10, Line 17established by subsection (8) of this section if at least
Page 10, Line 18three-fourths of the total voting membership of the party's
Page 10, Line 19state central committee affirmatively votes to do so. Such vote
Page 10, Line 20of the party central committee must occur no later than
Page 10, Line 21October 1 of the year preceding the year in which a county
Page 10, Line 22commissioner vacancy election would be held. For purposes of
Page 10, Line 23this vote, members of the state central committee shall not vote by proxy.
Page 10, Line 24(b) (I) A political party may choose to opt out of a county
Page 11, Line 1commissioner vacancy election to be held in November 2025 if at
Page 11, Line 2least three-fourths of the total voting membership of the
Page 11, Line 3party's state central committee affirmatively votes to continue
Page 11, Line 4to fill a vacancy in the office of county commissioner by
Page 11, Line 5vacancy committee according to subsection (1) of this section.
Page 11, Line 6Such vote of the party central committee must occur no later
Page 11, Line 7than June 30, 2025. For purposes of this vote, members of the state central committee shall not vote by proxy.
Page 11, Line 8(II) This subsection (9)(b) is repealed, effective January 1, 2026.
Page 11, Line 9SECTION 4. In Colorado Revised Statutes, 1-45-103, amend (2) and (8) as follows:
Page 11, Line 101-45-103. Definitions. As used in this article 45, unless the context otherwise requires:
Page 11, Line 11(2) "Candidate"
shall havePage 11, Line 12section 2 (2) of article XXVIII of the state constitution; except that
Page 11, Line 13"candidate" also includes a candidate for a county commissioner vacancy election.
Page 11, Line 14(8) "Election cycle"
shall havePage 11, Line 15in section 2 (6) of article XXVIII of the state constitution; except that,
Page 11, Line 16for county commissioner vacancy elections held pursuant to
Page 11, Line 17section 1-12-206, "election cycle" means the period beginning on
Page 11, Line 18the date the vacancy to be filled by vacancy election occurred
Page 11, Line 19and ending thirty days following the vacancy election for that office.
Page 11, Line 21SECTION 5. In Colorado Revised Statutes, 1-45-103.7, add (4.7) as follows:
Page 12, Line 11-45-103.7. Contribution limits - county offices - school district
Page 12, Line 2director - treatment of independent expenditure committees -
Page 12, Line 3contributions from limited liability companies - voter instructions on
Page 12, Line 4spending limits - definitions. (4.7) (a) A candidate committee
Page 12, Line 5established in the name of a candidate who is running for a
Page 12, Line 6county commissioner vacancyelectionmay accept from any one
Page 12, Line 7person the aggregate contribution limit for a general election
Page 12, Line 8as specified in subsection (1.5) of this section applicable to the
Page 12, Line 9office of county commissioner at any point during the election cycle.
Page 12, Line 10(b) A candidate committee established in the name of a
Page 12, Line 11candidate who is running for a county commissioner vacancy
Page 12, Line 12electionmay expend contributions in accordance with
Page 12, Line 13subsection (4.7)(a) of this section at any point during the election cycle.
Page 12, Line 14SECTION 6. In Colorado Revised Statutes, 1-45-108, amend (2)(a)(I)(C), (2)(a)(I)(D), and (2)(a)(I)(F) as follows:
Page 12, Line 151-45-108. Disclosure - definitions - repeal. (2) (a) (I) Except as
Page 12, Line 16provided in subsections (2)(a)(V), (2.1), (2.5), (2.7), and (6) of this
Page 12, Line 17section, such reports that are required to be filed with the secretary of state must be filed:
Page 12, Line 18(C) On the first day of each month beginning the sixth full month
Page 12, Line 19before the major election; except that no monthly report shall be required
Page 12, Line 20on the first day of the month in which the major election or county commissioner vacancyelectionis held;
Page 12, Line 21(D) On the first Monday in September and on each Monday every
Page 13, Line 1two weeks thereafter before the major election or county commissioner vacancy election;
Page 13, Line 2(F) Fourteen days before and thirty days after a special legislative
Page 13, Line 3election or county commissioner vacancyelectionheld in an off-election year.
Page 13, Line 4SECTION 7. Appropriation. For the 2025-26 state fiscal year,
Page 13, Line 5$314,920 is appropriated to the department of state for use by the
Page 13, Line 6information technology division. This appropriation is from the
Page 13, Line 7department of state cash fund created in section 24-21-104 (3)(b), C.R.S.
Page 13, Line 8To implement this act, the division may use this appropriation for personal services.
Page 13, Line 9SECTION 8. Safety clause. The general assembly finds,
Page 13, Line 10determines, and declares that this act is necessary for the immediate
Page 13, Line 11preservation of the public peace, health, or safety or for appropriations for
Page 13, Line 12the support and maintenance of the departments of the state and state institutions.