A Bill for an Act
Page 1, Line 101Concerning vacancies in the office of county commissioner.
Bill Summary
(Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.)
The bill modifies the process for filling vacancies in an unexpired term in the office of county commissioner for county commissioners affiliated with a major political party in counties with populations of at least 50,000. Under current law, in the event of a vacancy in an unexpired term in the office of county commissioner, a vacancy committee appoints an individual to fill the vacancy until the next general election. The bill changes this process for a vacancy in an unexpired term of a county commissioner who is affiliated with a major political party if the vacancy occurs on or after July 31 of an even-numbered year but before July 31 of an odd-numbered year. If a vacancy in the office of county commissioner occurs on or after July 31of an odd-numbered year but before July 31 of an even-numbered year or if a vacancy occurs and the unexpired term is less than 90 days, the vacancy is filled pursuant to current law.
The bill requires that, if the vacancy occurs on or after July 31 of an even-numbered year but before July 31 of an odd-numbered year, the vacancy must be filled by vacancy committee selection until the next regularly scheduled odd-year November election following the vacancy, when the vacancy must be filled by vacancy election held as part of the odd-year November election (vacancy election). An individual elected at a vacancy election serves until the next general election.
A vacancy election is administered according to the state election code, as applicable. A candidate must be placed on the ballot for a vacancy election if the candidate:
- Files a nominating statement signed by 30% of the district vacancy committee members with the county clerk and recorder and the candidate's major political party by the seventieth day before the vacancy election; or
- Submits to the county clerk and recorder, at least 75 days prior to the vacancy election, a notarized candidate's statement of intent and a petition signed by at least 200 electors who are affiliated with the same major political party as the candidate and are eligible to vote in the district for which the candidate is to be elected.
No other candidates are placed on the ballot. A candidate must meet the current statutory and constitutional requirements for serving as a county commissioner and be registered with the vacating commissioner's major political party by the first business day in January of the calendar year in which the vacancy election occurs. A candidate in a vacancy election is subject to the campaign finance requirements of the "Fair Campaign Practices Act".
Only registered electors who reside within the district served by the vacating commissioner and who are registered with the same major political party as the vacating commissioner or who are unaffiliated with a political party are eligible to vote in a vacancy election, unless 75% of the political party county central committee affirmatively votes to allow only electors affiliated with the political party to vote in a vacancy election.
The bill also makes conforming amendments.
This Unofficial Version Includes Committee
Amendments Not Yet Adopted on Second Reading
Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 2, Line 2SECTION 1. In Colorado Revised Statutes, 1-4-702, amend (1) and (3) as follows:
Page 3, Line 11-4-702. Nominations of candidates for election by
Page 3, Line 2convention. (1) Notwithstanding any other provision of law, a political
Page 3, Line 3party may choose to change from the nomination of candidates by
Page 3, Line 4primary election or by the process described in section 1-12-206 (8)
Page 3, Line 5in the case of a county commissioner vacancy election to the
Page 3, Line 6nomination of candidates by assembly or convention for all offices
Page 3, Line 7including, but not limited to, United States senator, representative in
Page 3, Line 8congress, all elective state, district, and county officers, and members of
Page 3, Line 9the general assembly if at least three-fourths of the total voting
Page 3, Line 10membership of the party's state central committee votes are cast in the
Page 3, Line 11affirmative to use the assembly or convention nomination process;
Page 3, Line 12except that nominations by major political parties for candidates for
Page 3, Line 13lieutenant governor shall be made by the party's candidate for governor
Page 3, Line 14pursuant to section 1-4-502 (3). Such vote of the party central committee
Page 3, Line 15shall occur no later than October 1 of the year preceding the year in which
Page 3, Line 16an assembly or convention nominating process is to be used. For
Page 3, Line 17purposes of this vote, members of the state central committee shall not vote by proxy.
Page 3, Line 18(3) Whichever method of candidate selection is chosen by a major
Page 3, Line 19political party as between primary election, assembly, or convention, all
Page 3, Line 20of the candidates for that party at any level of office in that election year
Page 3, Line 21must be selected by such method, except that the requirements of this
Page 3, Line 22provision shall not apply to a primary for president of the United States
Page 3, Line 23if such an election is held or to candidates for a county commissioner vacancy election pursuant to section 1-12-206 (8).
Page 3, Line 24SECTION 2. In Colorado Revised Statutes, 1-5-505.5, add (1)(d) as follows:
Page 4, Line 11-5-505.5. State reimbursement to counties for elections with
Page 4, Line 2state certified ballot content. (1) (d) (I) For a county commissioner
Page 4, Line 3vacancy election, as defined in section 1-12-206 (9), held as part
Page 4, Line 4of an odd-year November election for which the state certifies
Page 4, Line 5any ballot content, the state shall reimburse each county for
Page 4, Line 6forty-five percent of the costs that the county incurs in
Page 4, Line 7conducting the coordinated election, which may include the
Page 4, Line 8vacancy election, according to subsections (1)(a) and (1)(b) of
Page 4, Line 9this section. The remainder of the costs that the county incurs
Page 4, Line 10in conducting the vacancy election is a county charge, the
Page 4, Line 11payment of which is provided in the same manner as the payment
Page 4, Line 12of other expenses. The secretary of state may adopt rules for
Page 4, Line 13determining which costs are necessary and reasonable and therefore reimbursable by the state.
Page 4, Line 14(II) For a county commissioner vacancy election, as
Page 4, Line 15defined in section 1-12-206 (9), held as part of an odd-year
Page 4, Line 16November election for which the state does not certify any
Page 4, Line 17ballot content, the costs that the county incurs in conducting the vacancy election are borne by the county.
Page 4, Line 18SECTION 3. In Colorado Revised Statutes, 1-12-206, amend (1) and (5); and add(8) and (9) as follows:
Page 4, Line 191-12-206. Vacancies in the office of county commissioner -
Page 4, Line 20county commissioner vacancy election - definition. (1) In case of a
Page 4, Line 21vacancy occurring in the office of county commissioner, a vacancy
Page 4, Line 22committee constituted as provided in this section shall, by a majority vote
Page 4, Line 23of its members present at a meeting called for the purpose, fill the
Page 5, Line 1vacancy by appointment within ten days after the occurrence of the
Page 5, Line 2vacancy. The meeting shall not be held unless a quorum is present
Page 5, Line 3consisting of not less than one-half of the voting members of the vacancy
Page 5, Line 4committee. A member of the vacancy committee may not vote by proxy.
Page 5, Line 5All vacancy committee meetings must be accessible in real time
Page 5, Line 6by live streaming video or audio that is recorded and accessible
Page 5, Line 7to the public. If the vacancy committee fails to fill the vacancy within
Page 5, Line 8ten days, the governor shall fill the vacancy by appointment within fifteen days after the occurrence of the vacancy.
Page 5, Line 9(5) Any person appointed to a vacancy in the office of county
Page 5, Line 10commissioner under this section must be a resident of the county and
Page 5, Line 11reside within the district, if any, in which the vacancy exists and must be
Page 5, Line 12a member of the same major political party or minor political party, if
Page 5, Line 13any, shown in the statewide voter registration system as the vacating
Page 5, Line 14commissioner.
AnyPage 5, Line 15of this section, a person appointed pursuant to this section holds the
Page 5, Line 16office until the next general election or until the vacancy is filled by election according to law.
Page 5, Line 17(8) (a) Except as provided in section 1-12-208, for counties
Page 5, Line 18with a population of at least fifty thousand, if a vacancy in the
Page 5, Line 19office of county commissioner occurs on or after July 31 of an
Page 5, Line 20even-numbered year and before July 31 of the next
Page 5, Line 21odd-numbered year and the former commissioner whose seat is
Page 5, Line 22vacant was affiliated with a major political party, the vacancy
Page 5, Line 23must be filled by a vacancy committee pursuant to subsection (1)
Page 5, Line 24of this section until the next regularly scheduled odd-year
Page 5, Line 25November election or the Tuesday succeeding the first Monday
Page 6, Line 1of November of the odd-numbered year following the vacancy,
Page 6, Line 2whichever occurs sooner, when the vacancy must be filled by
Page 6, Line 3county commissioner vacancy election; except that, if the
Page 6, Line 4vacancy occurs on or after July 31 of an even-numbered year
Page 6, Line 5but before ballot content is certified for the general election
Page 6, Line 6held in that even-numbered year and the vacant seat is
Page 6, Line 7scheduled to be on the ballot at the general election held in
Page 6, Line 8that even-numbered year, the vacancy is filled at that general
Page 6, Line 9election according to law. The candidate elected in the county
Page 6, Line 10commissioner vacancy election shall serve until the next
Page 6, Line 11regularly scheduled general election, when the vacancy must be filled by election.
Page 6, Line 12(b) The only candidates who may run in a county
Page 6, Line 13commissioner vacancy election are candidates who, as of one
Page 6, Line 14year prior to the date of the county commissioner vacancy
Page 6, Line 15election, are members of the same political party and residents
Page 6, Line 16of the same district as the former commissioner whose seat is
Page 6, Line 17vacant. A candidate must meet the current statutory and
Page 6, Line 18constitutional requirements for county commissioner and be
Page 6, Line 19registered with the same major political party as the vacating
Page 6, Line 20commissioner by the first business day in January of the
Page 6, Line 21calendar year in which the county commissioner vacancy election occurs.
Page 6, Line 22(c) A candidate for a county commissioner vacancy election is eligible to be placed on the ballot if the candidate:
Page 6, Line 23(I) Files a nominating statement on a form created by the
Page 6, Line 24candidate's political party that is signed by at least thirty
Page 7, Line 1percent of the applicable vacancy committee members with the
Page 7, Line 2county clerk and recorder and the candidate's political party
Page 7, Line 3before 5 p.m. on the seventieth day preceding the county commissioner vacancy election; or
Page 7, Line 4(II) Submits to the county clerk and recorder, no later
Page 7, Line 5than thirty days after their petition format has been approved
Page 7, Line 6or eighty-five days prior to the county commissioner vacancy
Page 7, Line 7election, whichever is sooner, a notarized candidate's statement
Page 7, Line 8of intent and a petition signed by at least two hundred electors
Page 7, Line 9who are affiliated with the same political party as the
Page 7, Line 10candidate and are eligible to vote in the district for which the
Page 7, Line 11candidate is to be elected. Part 9 of article 4 of this title 1
Page 7, Line 12applies to petitions submitted pursuant to subsection (8) of this
Page 7, Line 13section; except that the provisions of part 9 of article 4 of this
Page 7, Line 14title 1 that conflict with the requirements or timeline described
Page 7, Line 15in this section do not apply to petitions submitted pursuant to
Page 7, Line 16subsection (8) of this section. Petitions must not be circulated
Page 7, Line 17and signatures must not be obtained prior to the first business
Page 7, Line 18day after the effective date of the vacancy. A petition must not
Page 7, Line 19be circulated until it has been approved as meeting the
Page 7, Line 20requirements of section 1-4-904 as to form. The county clerk and
Page 7, Line 21recorder shall approve or disapprove a petition as to form no
Page 7, Line 22later than the close of the second business day following submission of the proposed petition.
Page 7, Line 23(d) (I) The candidate's political party county chair shall
Page 7, Line 24verify that a nominating statement filed pursuant to this
Page 7, Line 25subsection (8) satisfies the requirements of subsection (8)(c)(I) of
Page 8, Line 1this section. Upon the political party county chair's verification
Page 8, Line 2that the nominating statement is sufficient, the county clerk and recorder shall certify the candidate to the ballot.
Page 8, Line 3(II) If a vacancy committee member signs a nominating
Page 8, Line 4statement in accordance with subsection (8)(c)(I) of this section
Page 8, Line 5after having signed another nominating statement filed for the
Page 8, Line 6same office in the same county commissioner vacancy election,
Page 8, Line 7the vacancy committee member's signature only counts toward
Page 8, Line 8the thirty percent of applicable vacancy committee member
Page 8, Line 9signatures required pursuant to subsection (8)(c)(I) of this
Page 8, Line 10section on the first nominating statement submitted that contains the signature.
Page 8, Line 11(e) (I) The county clerk and recorder shall verify that a
Page 8, Line 12petition submitted pursuant to this subsection (8) satisfies the
Page 8, Line 13requirements of subsection (8)(c)(II) of this section. The county
Page 8, Line 14clerk and recorder shall review the petition according to
Page 8, Line 15section 1-4-908; except that the county clerk and recorder
Page 8, Line 16shall notify the candidate of the sufficiency or insufficiency of
Page 8, Line 17the petition no later than ten calendar days after receiving the
Page 8, Line 18petition. If the county clerk and recorder determines the
Page 8, Line 19petition to be sufficient, the county clerk and recorder shall
Page 8, Line 20issue a statement of sufficiency. Protests and review of the
Page 8, Line 21sufficiency of a petition are according to sections 1-4-909 and
Page 8, Line 221-4-911. Upon determining that the petition is sufficient and
Page 8, Line 23after the time for protest has passed, the county clerk and
Page 8, Line 24recorder shall certify the candidate to the ballot.Candidate
Page 8, Line 25placement on the ballot is drawn by lot.
Page 9, Line 1(II) If an eligible elector signs a petition in accordance
Page 9, Line 2with subsection (8)(c)(II) of this section after having signed
Page 9, Line 3another petition submitted for the same office in the same
Page 9, Line 4county commissioner vacancy election, the elector's signature
Page 9, Line 5only counts toward the two hundred elector signatures
Page 9, Line 6required pursuant to subsection (8)(c)(II) of this section on the first petition submitted that contains the signature.
Page 9, Line 7(f) The only voters who may vote in the county
Page 9, Line 8commissioner vacancy election areeligible electors of the
Page 9, Line 9county of the former commissioner whose seat is vacant and who:
Page 9, Line 10(I) Are members of the same political party as the former commissioner whose seat is vacant; or
Page 9, Line 11(II) Are unaffiliated, unless at least three-fourths of the
Page 9, Line 12total voting membership of the political party's state central
Page 9, Line 13committee votes are cast in the affirmative to only allow
Page 9, Line 14members of the political party to vote at a county commissioner
Page 9, Line 15vacancy election. Such vote of the central committee must
Page 9, Line 16occur no later than October 1 of the year preceding the county
Page 9, Line 17commissioner vacancy election. For purposes of this vote, members of the central committee shall not vote by proxy.
Page 9, Line 18(g) Except as modified by this subsection (8), the
Page 9, Line 19appropriate county clerk and recorder shall conduct the
Page 9, Line 20county commissioner vacancy election according to the other
Page 9, Line 21applicable provisions of this code and shall ensure that eligible
Page 9, Line 22electors are established using the same method of election that
Page 9, Line 23was used to elect the vacating commissioner pursuant to part 3 of article 10 of title 30.
Page 10, Line 1(h) Upon receipt of the certified abstract of votes cast,
Page 10, Line 2the county clerk and recorder shall issue a certificate of
Page 10, Line 3election to the successor candidate who received the highest
Page 10, Line 4number of votes at the county commissioner vacancy
Page 10, Line 5election. The candidate who received the highest number of
Page 10, Line 6votes must be sworn in and assumes the duties of the office upon certification of the election results.
Page 10, Line 7(i) County commissioner vacancy elections are subject
Page 10, Line 8to the appropriate sections of article 45 of this title 1 and
Page 10, Line 9article XXVIII of the state constitution. An individual who
Page 10, Line 10seeks nomination or election to the office of county
Page 10, Line 11commissioner at a county commissioner vacancy election is a
Page 10, Line 12"candidate" for purposes of article 45 of this title 1 and section 2 (2) of article XXVIII of the state constitution.
Page 10, Line 13(9) As used in this section, unless the context otherwise
Page 10, Line 14requires, "county commissioner vacancy election" means an
Page 10, Line 15election described in subsection (8)(a) of this section held in
Page 10, Line 16November of an odd-numbered year, which may be part of a
Page 10, Line 17coordinated election, and which is held for the purpose of
Page 10, Line 18filling a vacancy in an unexpired term of the office of county
Page 10, Line 19commissioner who was affiliated with a major political party in a county with a population of at least fifty thousand.
Page 10, Line 20SECTION 4. In Colorado Revised Statutes, 1-45-103, amend (2) and (8) as follows:
Page 10, Line 211-45-103. Definitions. As used in this article 45, unless the
Page 10, Line 22context otherwise requires:
Page 11, Line 1(2) "Candidate"
shall havePage 11, Line 2section 2 (2) of article XXVIII of the state constitution; except that
Page 11, Line 3"candidate" also includes a candidate for a county commissioner vacancy election, as defined in section 1-12-206 (9).
Page 11, Line 4(8) "Election cycle"
shall havePage 11, Line 5in section 2 (6) of article XXVIII of the state constitution; except that,
Page 11, Line 6for county commissioner vacancy elections held pursuant to
Page 11, Line 7section 1-12-206, "election cycle" means the period beginning on
Page 11, Line 8the date the vacancy to be filled by vacancy election occurred
Page 11, Line 9and ending thirty days following the vacancy election for that office.
Page 11, Line 11SECTION 5. In Colorado Revised Statutes, 1-45-103.7, add (4.7) as follows:
Page 11, Line 121-45-103.7. Contribution limits - county offices - school district
Page 11, Line 13director - treatment of independent expenditure committees -
Page 11, Line 14contributions from limited liability companies - voter instructions on
Page 11, Line 15spending limits - definitions. (4.7) (a) A candidate committee
Page 11, Line 16established in the name of a candidate who is running for a
Page 11, Line 17county commissioner vacancy election, as defined in section
Page 11, Line 181-12-206 (9), may accept from any one person the aggregate
Page 11, Line 19contribution limit for a general election as specified in
Page 11, Line 20subsection (1.5) of this section applicable to the office of county commissioner at any point during the election cycle.
Page 11, Line 21(b) A candidate committee established in the name of a
Page 11, Line 22candidate who is running for a county commissioner vacancy
Page 11, Line 23election, as defined in section 1-12-206 (9), may expend
Page 12, Line 1contributions in accordance with subsection (4.7)(a) of this section at any point during the election cycle.
Page 12, Line 2SECTION 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 31-45-108. Disclosure - definitions - repeal. (2) (a) (I) Except as
Page 12, Line 4provided in subsections (2)(a)(V), (2.1), (2.5), (2.7), and (6) of this
Page 12, Line 5section, such reports that are required to be filed with the secretary of state must be filed:
Page 12, Line 6(C) On the first day of each month beginning the sixth full month
Page 12, Line 7before the major election; except that no monthly report shall be required
Page 12, Line 8on the first day of the month in which the major election or county
Page 12, Line 9commissioner vacancy election, as defined in section 1-12-206 (9),is held;
Page 12, Line 10(D) On the first Monday in September and on each Monday every
Page 12, Line 11two weeks thereafter before the major election or county commissioner vacancy election, as defined in section 1-12-206 (9);
Page 12, Line 12(F) Fourteen days before and thirty days after a special legislative
Page 12, Line 13election or county commissioner vacancy election, as defined in section 1-12-206 (9), held in an off-election year.
Page 12, Line 14SECTION 7. Safety clause. The general assembly finds,
Page 12, Line 15determines, and declares that this act is necessary for the immediate
Page 12, Line 16preservation of the public peace, health, or safety or for appropriations for
Page 12, Line 17the support and maintenance of the departments of the state and state institutions.