A Bill for an Act
Page 1, Line 101Concerning a requirement that a vacancy in the office of a
Page 1, Line 102county commissioner be filled by a vacancy election
Page 1, Line 103rather than by a vacancy committee.
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.)
Currently, a vacancy in the office of a county commissioner (vacancy) is filled by a vacancy committee selected by the county central committee. The bill eliminates the vacancy committee process for vacancies and requires that vacancies be filled by a vacancy election.
An individual elected in a vacancy election serves for the remainder of the vacating county commissioner's original term. If the vacancy occurs within 180 days of a regularly scheduled primary, coordinated, or general election for which the ballots have not yet been certified, the vacancy election is held as part of the primary, coordinated, or general election. If the vacancy occurs more than 180 days before a regularly scheduled election or the ballots for the regularly scheduled election have already been certified, the vacancy election occurs on a date set by the designated election official, which must not be less than 30 days or more than 60 days after the vacancy occurs. A legislative vacancy election is administered according to the state election code, as applicable.
An individual who desires to be a candidate at a vacancy election shall submit to the secretary of state a notarized candidate's statement of intent together with a nonrefundable filing fee of $500. A candidate must meet the current statutory and constitutional requirements for serving as a county commissioner and be registered with the vacating county commissioner's political party, if any, by January 1 of the calendar year in which the vacancy election occurs. Only registered electors who reside within the district served by the vacating county commissioner and who are registered with the same political party as the vacating county commissioner or who are unaffiliated are eligible to vote in a vacancy election.
Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 2, Line 2SECTION 1. Legislative declaration. (1) The general assembly finds and declares that:
Page 2, Line 3(a) The current vacancy committee process for filling a vacancy
Page 2, Line 4in the office of a county commissioner raises concerns for the following reasons:
Page 2, Line 5(I) There is limited representation in the composition of a vacancy
Page 2, Line 6committee, which means that decisions regarding the candidates to fill a
Page 2, Line 7vacancy in the office of a county commissioner are made by a small group of individuals that may not represent the broader electorate's will;
Page 2, Line 8(II) There is a perceived lack of transparency in the vacancy
Page 2, Line 9committee process, and as a result, the process may be viewed as opaque
Page 2, Line 10and potentially erode the public trust; and
Page 3, Line 1(III) There is a potential for hyper-partisan bias in the vacancy
Page 3, Line 2committee process, as vacancy committees are often composed of party
Page 3, Line 3insiders who may favor candidates aligned with specific interests rather than broader community concerns; and
Page 3, Line 4(b) Filling a vacancy in the office of a county commissioner
Page 3, Line 5through a vacancy election rather than through a vacancy committee will bring value to the process of filling county commissioner vacancies by:
Page 3, Line 6(I) Increasing the legitimacy of the process used to fill a vacancy
Page 3, Line 7in the office of a county commissioner, as an election allows the
Page 3, Line 8electorate to choose its representative directly and ensures that the individual filling the vacancy has a clear mandate from the voters; and
Page 3, Line 9(II) Providing transparency in the process of filling a vacancy
Page 3, Line 10because the electoral process is open and public, which will foster trust in the individual chosen to fill the vacancy.
Page 3, Line 11SECTION 2. In Colorado Revised Statutes, repeal and reenact, with amendments, 1-12-206 as follows:
Page 3, Line 121-12-206. Vacancies in the office of county commissioner -
Page 3, Line 13vacancy election - definition. (1) In the case of a vacancy
Page 3, Line 14occurring in the office of a county commissioner, the vacancy
Page 3, Line 15shall be filled by election pursuant to this section, regardless
Page 3, Line 16of the political party affiliation or nonaffiliation of the
Page 3, Line 17vacating commissioner and regardless of whether the vacating
Page 3, Line 18commissioner was elected by electors of the whole county or
Page 3, Line 19only by electors of the district from which the vacating commissioner was elected.
Page 3, Line 20(2) (a) When a vacancy occurs in the office of a county
Page 3, Line 21commissioner within one hundred eighty calendar days of a
Page 4, Line 1regularly scheduled primary, coordinated, or general election,
Page 4, Line 2the county commissioner vacancy election is held as part of
Page 4, Line 3that election; except that, if ballots for the regularly
Page 4, Line 4scheduled primary, coordinated, or general election have
Page 4, Line 5already been certified, the applicable designated election
Page 4, Line 6official shall call a county commissioner vacancy election and
Page 4, Line 7set the date for holding the vacancy election pursuant to subsection (2)(b) of this section.
Page 4, Line 8(b) When a vacancy occurs in the office of a county
Page 4, Line 9commissioner at a time that an election to fill the vacancy
Page 4, Line 10cannot be held as part of a regularly scheduled election
Page 4, Line 11pursuant to subsection (2)(a) of this section, the applicable
Page 4, Line 12designated election official shall call a county commissioner
Page 4, Line 13vacancy election and set the date for holding the vacancy
Page 4, Line 14election. The designated election official shall provide notice
Page 4, Line 15of the election as provided in section 1-5-205. The designated
Page 4, Line 16election official shall set the date for the county commissioner
Page 4, Line 17vacancy election not less than thirty nor more than sixty calendar days after the vacancy occurred.
Page 4, Line 18(c) (I) If a county commissioner vacancy election is held
Page 4, Line 19as part of a regularly scheduled election pursuant to
Page 4, Line 20subsection (2)(a) of this section, the designated election official
Page 4, Line 21shall conduct the vacancy election according to this code and this subsection (2).
Page 4, Line 22(II) If a county commissioner vacancy election is held on
Page 4, Line 23a date set by the designated election official pursuant to
Page 4, Line 24subsection (2)(b) of this section, the designated election official
Page 5, Line 1shall conduct the county commissioner vacancy election
Page 5, Line 2according to this code except as otherwise provided in subsection (3) of this section.
Page 5, Line 3(d) Notwithstanding any other provision of this code, an
Page 5, Line 4individual who desires to be a candidate in a county
Page 5, Line 5commissioner vacancy election shall submit to the secretary of
Page 5, Line 6state a notarized candidate's statement of intent together with
Page 5, Line 7a nonrefundable filing fee of five hundred dollars. A candidate
Page 5, Line 8must meet the current statutory and constitutional
Page 5, Line 9requirements for serving as a county commissioner and be
Page 5, Line 10registered with the vacating county commissioner's political
Page 5, Line 11party, if any, by January 1 of the calendar year in which the county commissioner vacancy election occurs.
Page 5, Line 12(e) Only registered electors who reside within the
Page 5, Line 13district served by the vacating county commissioner and who
Page 5, Line 14are registered with the same political party as the vacating
Page 5, Line 15county commissioner, if any, or who are unaffiliated are eligible to vote in a county commissioner vacancy election.
Page 5, Line 16(f) Upon receipt of the certified abstract of votes cast,
Page 5, Line 17the designated election official shall issue a certificate of
Page 5, Line 18election to the successor candidate who received the highest
Page 5, Line 19number of votes in the county commissioner vacancy election.
Page 5, Line 20The candidate who received the highest number of votes must be
Page 5, Line 21sworn in and assumes the duties of the office upon certification
Page 5, Line 22of the election results. A person elected to fill a vacancy
Page 5, Line 23pursuant to this section holds the office of county commissioner
Page 5, Line 24for the remainder of the vacated term.
Page 6, Line 1(g) County commissioner vacancy elections are subject to
Page 6, Line 2all sections of article 45 of this title 1 that apply to county commissioner elections.
Page 6, Line 3(3) (a) Except as otherwise provided in this subsection (3),
Page 6, Line 4the designated election official shall conduct a county
Page 6, Line 5commissioner vacancy election that is not held as part of a
Page 6, Line 6regularly scheduled primary, coordinated, or general election according to this code.
Page 6, Line 7(b) All events in this code that are to be completed by the
Page 6, Line 8secretary of state, designated election official, or coordinated
Page 6, Line 9election official on or before the forty-fifth day prior to an
Page 6, Line 10election must be completed no later than the thirty-fifth day prior to the county commissioner vacancy election.
Page 6, Line 11(c) (I) Notwithstanding section 1-7.5-105, as soon as
Page 6, Line 12practicable after a designated election official sets a date for
Page 6, Line 13a county commissioner vacancy election pursuant to subsection
Page 6, Line 14(2)(b) of this section, a designated election official conducting
Page 6, Line 15the county commissioner vacancy election shall submit to the
Page 6, Line 16secretary of state, for approval within three business days
Page 6, Line 17after receipt, a proposed election plan that includes all
Page 6, Line 18information required by section 1-7.5-105. If the secretary of
Page 6, Line 19state does not provide written notice of approval or
Page 6, Line 20disapproval of the plan within three business days, the plan is deemed approved.
Page 6, Line 21(II) The secretary of state may disapprove an election
Page 6, Line 22plan submitted pursuant to this subsection (3)(c) using only the
Page 6, Line 23same standards used to evaluate and approve of election plans transmitted under section 1-7.5-105.
Page 7, Line 1(d) The designated election official conducting the
Page 7, Line 2county commissioner vacancy election shall designate their
Page 7, Line 3office or another suitable location to provide a mail ballot or
Page 7, Line 4replacement ballot to a registered elector who is qualified to
Page 7, Line 5vote in the county commissioner vacancy election and who
Page 7, Line 6requests the ballot at the designated location from the
Page 7, Line 7twenty-second day before the county commissioner vacancy
Page 7, Line 8election through that final day of voting. Not earlier than the
Page 7, Line 9twenty-second day or later than the eighteenth day before the
Page 7, Line 10county commissioner vacancy election, the designated election
Page 7, Line 11official shall mail ballots to all registered electors who are qualified to vote in the county commissioner vacancy election.
Page 7, Line 12(e) There must be at least one voter service and polling
Page 7, Line 13center for each thirty thousand active registered electors in
Page 7, Line 14the district in which the vacancy occurred; except that any
Page 7, Line 15such district must have at least one voter service and polling
Page 7, Line 16center. Each voter service and polling center must be open from
Page 7, Line 17the eighth day prior to the final day of voting in the county
Page 7, Line 18commissioner vacancy election through the final day of voting
Page 7, Line 19in the county commissioner vacancy election. Each voter
Page 7, Line 20service and polling center required by this subsection (3)(e) must
Page 7, Line 21be open for eight hours Monday through Friday, four hours on
Page 7, Line 22Saturday, and need not be open on Sunday. On the final day of
Page 7, Line 23voting, each voter service and polling center required by this subsection (3)(e) must be open from 7 a.m. to 7 p.m.
Page 7, Line 24(4) (a) To the extent that this section conflicts with other provisions of this code, this section controls.
Page 8, Line 1(b) The secretary of state may adopt rules as necessary
Page 8, Line 2to administer and enforce this section or to adjust statutory
Page 8, Line 3deadlines to ensure that a county commissioner vacancy election is held in an efficient and timely manner.
Page 8, Line 4(5) As used in this section, unless the context otherwise
Page 8, Line 5requires, "county commissioner vacancy election" means an
Page 8, Line 6election held for the purpose of filling a vacancy in an unexpired term of a county commissioner.
Page 8, Line 7SECTION 3. In Colorado Revised Statutes, 1-3-103, amend (1)(b)(II), (1)(c), (7), (12), and (13) as follows:
Page 8, Line 81-3-103. Party committees. (1) (b) (II) In counties which have
Page 8, Line 9adopted a five-commissioner board or county home rule, such county
Page 8, Line 10central committee
shall bePage 8, Line 11committeepersons from precincts in the county commissioner district,
Page 8, Line 12together with the officers selected pursuant to
this subparagraph (II)Page 8, Line 13subsection (1)(b)(II), and the state senators and representatives and the
Page 8, Line 14district attorney who are members of the party and who reside within the
Page 8, Line 15district. Such county central committee shall meet on the same date and
Page 8, Line 16select a chairperson and vice-chairperson in the same manner as the
Page 8, Line 17county central committee. Such central committee shall not select a
Page 8, Line 18vacancy committee for the purpose of filling vacancies in the office of
Page 8, Line 19county commissioner held by members of the political party, as
Page 8, Line 20vacancies in the office of county commissioner are filled by election pursuant to section 1-12-206.
Page 8, Line 21(c) Each county central committee shall meet on a date which falls
Page 8, Line 22between February 1 and February 15 of the odd-numbered years to
Page 9, Line 1organize by selecting a chairperson, a vice-chairperson, and a secretary
Page 9, Line 2and any other officers provided for in the county rules and shall select a
Page 9, Line 3vacancy committee authorized to fill vacancies in the county central
Page 9, Line 4committee and the offices held by members of the county central
Page 9, Line 5committee.
andPage 9, Line 6separate vacancy committee to fill vacancies in the office of county
Page 9, Line 7commissioner held by members of the political party, as vacancies in
Page 9, Line 8the office of county commissioner are filled by election pursuant to section 1-12-206.
Page 9, Line 9(7) If a vacancy committee is required to be selected, no
Page 9, Line 10later than thirty days after the organizational meetings authorized by this
Page 9, Line 11section, the secretary of each party central committee prescribed by this
Page 9, Line 12section shall file with the state party a list of the names, addresses, and
Page 9, Line 13telephone numbers of each of the officers elected, together with a list of
Page 9, Line 14the names, addresses, and telephone numbers of the vacancy committee
Page 9, Line 15selected. No later than forty-five days after the organizational meetings
Page 9, Line 16authorized by this section, the state party shall file with the secretary of
Page 9, Line 17state a compiled list of all the officers elected and vacancy committee members selected along with their addresses and telephone numbers.
Page 9, Line 18(12) If a central committee of a jurisdiction that is required to
Page 9, Line 19select a vacancy committee fails to select a vacancy committee, the central committee of the jurisdiction serves as the vacancy committee.
Page 9, Line 20(13) In selecting the members of a vacancy committee authorized
Page 9, Line 21to fill vacancies in office pursuant to this section, the central committee
Page 9, Line 22of a jurisdiction shall select, at a minimum, the members of the
Page 9, Line 23jurisdiction's central committee; except that a central committee is
Page 9, Line 24not required to select a vacancy committee for the office of
Page 10, Line 1county commissioner, as vacancies in the office of county commissioner are filled by election pursuant to section 1-12-206.
Page 10, Line 2SECTION 4. Act subject to petition - effective date. This act
Page 10, Line 3takes effect at 12:01 a.m. on the day following the expiration of the
Page 10, Line 4ninety-day period after final adjournment of the general assembly; except
Page 10, Line 5that, if a referendum petition is filed pursuant to section 1 (3) of article V
Page 10, Line 6of the state constitution against this act or an item, section, or part of this
Page 10, Line 7act within such period, then the act, item, section, or part will not take
Page 10, Line 8effect unless approved by the people at the general election to be held in
Page 10, Line 9November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.