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 10SECTION 2. In Colorado Revised Statutes, 1-4-702, amend (1) and (3) as follows:
Page 3, Line 111-4-702. Nominations of candidates for election by
Page 3, Line 12convention. (1) Notwithstanding any other provision of law, a political
Page 3, Line 13party may choose to change from the nomination of candidates by
Page 3, Line 14primary election or by the process described in section 1-12-206 (8)
Page 3, Line 15in the case of a county commissioner vacancy election to the
Page 3, Line 16nomination of candidates by assembly or convention for all offices
Page 3, Line 17including, but not limited to, United States senator, representative in
Page 3, Line 18congress, all elective state, district, and county officers, and members of
Page 3, Line 19the general assembly if at least three-fourths of the total voting
Page 3, Line 20membership of the party's state central committee votes are cast in the
Page 3, Line 21affirmative to use the assembly or convention nomination process;
Page 3, Line 22except that nominations by major political parties for candidates for
Page 3, Line 23lieutenant governor shall be made by the party's candidate for governor
Page 4, Line 1pursuant to section 1-4-502 (3). Such vote of the party central committee
Page 4, Line 2shall occur no later than October 1 of the year preceding the year in which
Page 4, Line 3an assembly or convention nominating process is to be used. For
Page 4, Line 4purposes of this vote, members of the state central committee shall not vote by proxy.
Page 4, Line 5(3) Whichever method of candidate selection is chosen by a major
Page 4, Line 6political party as between primary election, assembly, or convention, all
Page 4, Line 7of the candidates for that party at any level of office in that election year
Page 4, Line 8must be selected by such method, except that the requirements of this
Page 4, Line 9provision shall not apply to a primary for president of the United States
Page 4, Line 10if such an election is held or to candidates for a county commissioner vacancy election pursuant to section 1-12-206 (8).
Page 4, Line 11SECTION 3. In Colorado Revised Statutes, 1-5-505.5, add (1)(d) as follows:
Page 4, Line 121-5-505.5. State reimbursement to counties for elections with
Page 4, Line 13state certified ballot content. (1) (d) (I) For a county commissioner
Page 4, Line 14vacancy election, , held as part of an odd-year November
Page 4, Line 15election for which the state certifies any ballot content, the
Page 4, Line 16state shall reimburse each county for forty-five percent of the
Page 4, Line 17costs that the county incurs in conducting the coordinated
Page 4, Line 18election, which may include the vacancy election, are
Page 4, Line 19reimbursed according to subsections (1)(a) and (1)(b) of this
Page 4, Line 20section. The remainder of the costs that the county incurs in
Page 4, Line 21conducting the vacancy election is a county charge, the
Page 4, Line 22payment of which is provided in the same manner as the payment
Page 4, Line 23of other expenses. The secretary of state may adopt rules for
Page 4, Line 24determining which costs are necessary and reasonable and therefore reimbursable by the state.
Page 5, Line 1(II) For a county commissioner vacancy election, , held
Page 5, Line 2as part of an odd-year November election for which the state
Page 5, Line 3does not certify any ballot content, the costs that the county incurs in conducting the vacancy election are county costs.
Page 5, Line 4SECTION 4. In Colorado Revised Statutes, 1-12-206, amend (1) and (5); and add(8) as follows:
Page 5, Line 51-12-206. Vacancies in the office of county commissioner -
Page 5, Line 6county commissioner vacancy election. (1) In case of a vacancy
Page 5, Line 7occurring in the office of county commissioner, a vacancy committee
Page 5, Line 8constituted as provided in this section shall, by a majority vote of its
Page 5, Line 9members present at a meeting called for the purpose, fill the vacancy by
Page 5, Line 10appointment within ten days after the occurrence of the vacancy. The
Page 5, Line 11meeting shall not be held unless a quorum is present consisting of not less
Page 5, Line 12than one-half of the voting members of the vacancy committee. A
Page 5, Line 13member of the vacancy committee may not vote by proxy. All vacancy
Page 5, Line 14committee meetings must be accessible in real time by live
Page 5, Line 15streaming video or audio that is recorded and accessible to the
Page 5, Line 16public. If the vacancy committee fails to fill the vacancy within ten days,
Page 5, Line 17the governor shall fill the vacancy by appointment within fifteen days after the occurrence of the vacancy.
Page 5, Line 18(5) Any person appointed to a vacancy in the office of county
Page 5, Line 19commissioner under this section must be a resident of the county and
Page 5, Line 20reside within the district, if any, in which the vacancy exists and must be
Page 5, Line 21a member of the same major political party or minor political party, if
Page 5, Line 22any, shown in the statewide voter registration system as the vacating
Page 5, Line 23commissioner.
AnyPage 6, Line 1of this section, a person appointed pursuant to this section holds the
Page 6, Line 2office until the next general election or until the vacancy is filled by election according to law.
Page 6, Line 3(8) (a) Except as provided in section 1-12-208 and
Page 6, Line 4notwithstanding any provision to the contrary in section
Page 6, Line 51-4-1010, for counties with a population of at least fifty
Page 6, Line 6thousand active voters as of the date of the last general
Page 6, Line 7election that are not home rule counties, if a vacancy in the
Page 6, Line 8office of county commissioner occurs on or after July 31 of an
Page 6, Line 9even-numbered year and before July 31 of the next
Page 6, Line 10odd-numbered year and the former commissioner whose seat is
Page 6, Line 11vacant was affiliated with a major political party, the vacancy
Page 6, Line 12must be filled by a vacancy committee pursuant to subsection (1)
Page 6, Line 13of this section until the next regularly scheduled odd-year
Page 6, Line 14November election, when the vacancy must be filled by county
Page 6, Line 15commissioner vacancy election; except that, if the vacancy
Page 6, Line 16occurs for a seat that is scheduled to be on the ballot at the
Page 6, Line 17upcoming general election held in that even-numbered year and
Page 6, Line 18the vacancy occurs on or after July 31 of that even-numbered
Page 6, Line 19year but before the ninety-day period governed by section
Page 6, Line 201-12-208, the vacancy is filled by vacancy committee pursuant to
Page 6, Line 21this section. The candidate elected in the county commissioner
Page 6, Line 22vacancy election shall serve until the next regularly
Page 6, Line 23scheduled general election, when the vacancy must be filled by election.
Page 6, Line 24(b) The only candidates who may run in a county
Page 6, Line 25commissioner vacancy election are candidates who are
Page 7, Line 1members of the same political party and residents of the same
Page 7, Line 2district as the former commissioner whose seat is vacant. A
Page 7, Line 3candidate must be registered with the same majority political
Page 7, Line 4party as the vacating commissioner by the first business day in
Page 7, Line 5January of the calendar year in which the county commissioner vacancy election occurs.
Page 7, Line 6(c) A candidate for a county commissioner vacancy election is eligible to be placed on the ballot if the candidate:
Page 7, Line 7(I) Files a nominating statement on a form created by the
Page 7, Line 8candidate's political party that is signed by at least thirty
Page 7, Line 9percent of the applicable vacancy committee members with the
Page 7, Line 10county clerk and recorder and the candidate's political party
Page 7, Line 11before 5 p.m. on the seventieth day preceding the county commissioner vacancy election; or
Page 7, Line 12(II) Submits to the county clerk and recorder, no later
Page 7, Line 13than thirty days after their petition format has been approved
Page 7, Line 14or eighty-five days prior to the county commissioner vacancy
Page 7, Line 15election, whichever is sooner, a notarized candidate's statement
Page 7, Line 16of intent and a petition signed by at least two hundred electors
Page 7, Line 17who have been affiliated with the same political party as the
Page 7, Line 18candidate for twenty-two days before signing the petition and
Page 7, Line 19are eligible to vote in the district for which the candidate is to
Page 7, Line 20be elected. Part 9 of article 4 of this title 1 applies to petitions
Page 7, Line 21submitted pursuant to subsection (8) of this section; except that
Page 7, Line 22the provisions of part 9 of article 4 of this title 1 that conflict
Page 7, Line 23with the requirements or timeline described in this section, as
Page 7, Line 24well as provisions of part 9 of article 4 of this title 1 that apply
Page 8, Line 1to the secretary of state's review of petitions, do not apply to
Page 8, Line 2petitions submitted and reviewed pursuant to subsection (8) of
Page 8, Line 3this section. Petitions must not be circulated and signatures
Page 8, Line 4must not be obtained prior to the first business day after the
Page 8, Line 5effective date of the vacancy. A petition must not be circulated
Page 8, Line 6until it has been approved as meeting the requirements of section
Page 8, Line 71-4-904 as to form. The county clerk and recorder shall approve
Page 8, Line 8or disapprove a petition as to form no later than the close of the
Page 8, Line 9second business day following submission of the proposed petition.
Page 8, Line 10(d) A candidate shall only seek to be placed on the ballot
Page 8, Line 11for a county commissioner vacancy election through one of the methods described in subsection (3)(c) of this section.
Page 8, Line 12(e) (I) The candidate's political party county chair shall
Page 8, Line 13verify that a nominating statement filed pursuant to this
Page 8, Line 14subsection (8) satisfies the requirements of subsection (8)(c)(I) of
Page 8, Line 15this section. Upon the political party county chair's verification
Page 8, Line 16that the nominating statement is sufficient, the county clerk and recorder shall certify the candidate to the ballot.
Page 8, Line 17(II) If a vacancy committee member signs a nominating
Page 8, Line 18statement in accordance with subsection (8)(c)(I) of this section
Page 8, Line 19after having signed another nominating statement filed for the
Page 8, Line 20same office in the same county commissioner vacancy election,
Page 8, Line 21the vacancy committee member's signature only counts toward
Page 8, Line 22the thirty percent of applicable vacancy committee member
Page 8, Line 23signatures required pursuant to subsection (8)(c)(I) of this
Page 8, Line 24section on the first nominating statement submitted that contains the signature.
Page 9, Line 1(f) (I) The county clerk and recorder shall verify that a
Page 9, Line 2petition submitted pursuant to this subsection (8) satisfies the
Page 9, Line 3requirements of subsection (8)(c)(II) of this section. The county
Page 9, Line 4clerk and recorder shall review the petition according to
Page 9, Line 5section 1-4-908; except that the county clerk and recorder
Page 9, Line 6shall notify the candidate of the sufficiency or insufficiency of
Page 9, Line 7the petition no later than ten calendar days after receiving the
Page 9, Line 8petition. If the county clerk and recorder determines the
Page 9, Line 9petition to be sufficient, the county clerk and recorder shall
Page 9, Line 10issue a statement of sufficiency. Protests and review of the
Page 9, Line 11sufficiency of a petition are according to sections 1-4-909 and 1-4-911. Candidate placement on the ballot is drawn by lot.
Page 9, Line 12(II) If an eligible elector signs a petition in accordance
Page 9, Line 13with subsection (8)(c)(II) of this section after having signed
Page 9, Line 14another petition submitted for the same office in the same
Page 9, Line 15county commissioner vacancy election, the elector's signature
Page 9, Line 16only counts toward the two hundred elector signatures
Page 9, Line 17required pursuant to subsection (8)(c)(II) of this section on the first petition submitted that contains the signature.
Page 9, Line 18(g) The only voters who may vote in the county
Page 9, Line 19commissioner vacancy election are eligible electors of the
Page 9, Line 20county of the former commissioner whose seat is vacant and who:
Page 9, Line 21(I) Are affiliated, as of the twenty-second day before the
Page 9, Line 22county commissioner vacancy election, with the same political
Page 9, Line 23party as the former commissioner whose seat is vacant; or
Page 10, Line 1(II) Are unaffiliated, unless at least three-fourths of the
Page 10, Line 2total voting membership of the political party's state central
Page 10, Line 3committee votes are cast in the affirmative to only allow
Page 10, Line 4members of the political party to vote at a county commissioner
Page 10, Line 5vacancy election. Such vote of the central committee must
Page 10, Line 6occur no later than October 1 of the year preceding the county
Page 10, Line 7commissioner vacancy election. For purposes of this vote, members of the central committee shall not vote by proxy.
Page 10, Line 8(h) Except as modified by this subsection (8), the
Page 10, Line 9appropriate county clerk and recorder shall conduct the
Page 10, Line 10county commissioner vacancy election as part of the coordinated odd-year November election.
Page 10, Line 11(i) Upon receipt of the certified abstract of votes cast,
Page 10, Line 12the county clerk and recorder shall issue a certificate of
Page 10, Line 13election to the successor candidate who received the highest
Page 10, Line 14number of votes at the county commissioner vacancy election.
Page 10, Line 15The candidate who received the highest number of votes must be
Page 10, Line 16sworn in and assumes the duties of the office upon certification of the election results.
Page 10, Line 17(j) County commissioner vacancy elections are subject
Page 10, Line 18to the appropriate sections of article 45 of this title 1 and
Page 10, Line 19article XXVIII of the state constitution. An individual who
Page 10, Line 20seeks nomination or election to the office of county
Page 10, Line 21commissioner at a county commissioner vacancy election is a
Page 10, Line 22"candidate" for purposes of article 45 of this title 1 and section 2 (2) of article XXVIII of the state constitution.
Page 10, Line 23(k) A candidate in a county commissioner vacancy
Page 11, Line 1election may select watchers in the same manner as a candidate
Page 11, Line 2in a nonpartisan election as provided in section 1-7-107. The
Page 11, Line 3members of the canvass board for a county commissioner
Page 11, Line 4vacancy election must be appointed and certified in the manner
Page 11, Line 5provided in section 1-10-101. Election judges for county
Page 11, Line 6commissioner vacancy elections must be appointed in the same
Page 11, Line 7manner as election judges for partisan elections in accordance with section 1-6-111.
Page 11, Line 8(l) If, at a county commissioner vacancy election, after
Page 11, Line 9all recounts have been completed, any two or more candidates
Page 11, Line 10tie for the highest number of votes for the same office, the tie
Page 11, Line 11must be resolved in a manner agreed upon by the tying
Page 11, Line 12candidates. In case the candidates fail to agree on the method
Page 11, Line 13of resolution within five days after the canvass is complete, the
Page 11, Line 14tie must be resolved by lot to be cast as the appropriate county clerk and recorder may determine.
Page 11, Line 15SECTION 5. In Colorado Revised Statutes, 1-45-103, amend (2) and (8) as follows:
Page 11, Line 161-45-103. Definitions. As used in this article 45, unless the context otherwise requires:
Page 11, Line 17(2) "Candidate"
shall havePage 11, Line 18section 2 (2) of article XXVIII of the state constitution; except that
Page 11, Line 19"candidate" also includes a candidate for a county commissioner vacancy election.
Page 11, Line 20(8) "Election cycle"
shall havePage 11, Line 21in section 2 (6) of article XXVIII of the state constitution; except that,
Page 11, Line 22for county commissioner vacancy elections held pursuant to
Page 12, Line 1section 1-12-206, "election cycle" means the period beginning on
Page 12, Line 2the date the vacancy to be filled by vacancy election occurred
Page 12, Line 3and ending thirty days following the vacancy election for that office.
Page 12, Line 5SECTION 6. In Colorado Revised Statutes, 1-45-103.7, add (4.7) as follows:
Page 12, Line 61-45-103.7. Contribution limits - county offices - school district
Page 12, Line 7director - treatment of independent expenditure committees -
Page 12, Line 8contributions from limited liability companies - voter instructions on
Page 12, Line 9spending limits - definitions. (4.7) (a) A candidate committee
Page 12, Line 10established in the name of a candidate who is running for a
Page 12, Line 11county commissioner vacancy election, may accept from any one
Page 12, Line 12person the aggregate contribution limit for a general election
Page 12, Line 13as specified in subsection (1.5) of this section applicable to the
Page 12, Line 14office of county commissioner at any point during the election cycle.
Page 12, Line 15(b) A candidate committee established in the name of a
Page 12, Line 16candidate who is running for a county commissioner vacancy
Page 12, Line 17election, may expend contributions in accordance with
Page 12, Line 18subsection (4.7)(a) of this section at any point during the election cycle.
Page 12, Line 19SECTION 7. 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 201-45-108. Disclosure - definitions - repeal. (2) (a) (I) Except as
Page 12, Line 21provided in subsections (2)(a)(V), (2.1), (2.5), (2.7), and (6) of this
Page 12, Line 22section, such reports that are required to be filed with the secretary of state must be filed:
Page 13, Line 1(C) On the first day of each month beginning the sixth full month
Page 13, Line 2before the major election; except that no monthly report shall be required
Page 13, Line 3on the first day of the month in which the major election or county commissioner vacancy election, is held;
Page 13, Line 4(D) On the first Monday in September and on each Monday every
Page 13, Line 5two weeks thereafter before the major election or county commissioner vacancy election;
Page 13, Line 6(F) Fourteen days before and thirty days after a special legislative
Page 13, Line 7election or county commissioner vacancy election, held in an off-election year.
Page 13, Line 8SECTION 8. Appropriation. For the 2025-26 state fiscal year,
Page 13, Line 9$314,920 is appropriated to the department of state for use by the
Page 13, Line 10information technology division. This appropriation is from the
Page 13, Line 11department of state cash fund created in section 24-21-104 (3)(b), C.R.S.
Page 13, Line 12To implement this act, the division may use this appropriation for personal services.
Page 13, Line 13SECTION 9. Safety clause. The general assembly finds,
Page 13, Line 14determines, and declares that this act is necessary for the immediate
Page 13, Line 15preservation of the public peace, health, or safety or for appropriations for
Page 13, Line 16the support and maintenance of the departments of the state and state institutions.