A Bill for an Act
Page 1, Line 101Concerning modifications to the requirements for filling
Page 1, Line 102vacancies in certain offices.
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.)
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. The bill requires that a vacancy committee selected by a central committee to fill a vacancy also consist of, at a minimum, the individuals elected as delegates to the applicable jurisdiction's district assembly. The bill modifies the vacancy committee statutes for the office of county commissioner and members of the state school board in accordance with this change.
Currently, if the vacancy committee for a vacancy in the office of county commissioner fails to fill the vacancy within 10 days, the governor is required to fill the vacancy by appointment within 15 days after the vacancy occurs. The bill extends these timing requirements to 30 days and 35 days respectively.
Currently, a vacancy committee to fill a vacancy in the general assembly may not meet to select a person to fill a vacancy unless a written notice of the time and location of the meeting was mailed to each of the committee members at least 10 days prior to the meeting. The bill modifies the notice requirement by requiring the notice to be mailed at least 6 days prior to the meeting.
Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 2, Line 2SECTION 1. In Colorado Revised Statutes, 1-3-103, amend (12) and (13) as follows:
Page 2, Line 31-3-103. Party committees. (12) If a central committee of a
Page 2, Line 4jurisdiction fails to select a vacancy committee, the vacancy committee
Page 2, Line 5is comprised of the central committee of the jurisdiction
serves as thePage 2, Line 6
vacancy committee and the individuals elected as delegates to thePage 2, Line 7applicable district assembly pursuant to section 1-4-602 at the most recent district assembly.
Page 2, Line 8(13) In selecting the members of a vacancy committee authorized
Page 2, Line 9to fill vacancies in office pursuant to this section, the central committee
Page 2, Line 10of a jurisdiction shall select, at a minimum, the members of the
Page 2, Line 11jurisdiction's central committee and the delegates elected to the
Page 2, Line 12applicable district assembly pursuant to section 1-4-602 at the most recent district assembly.
Page 2, Line 13SECTION 2. In Colorado Revised Statutes, 1-12-203, amend (2) as follows:
Page 3, Line 11-12-203. Vacancies in general assembly. (2) No vacancy
Page 3, Line 2committee may select a person to fill a vacancy at a meeting held pursuant
Page 3, Line 3to this section unless a written notice announcing the time and location of
Page 3, Line 4the vacancy committee meeting was mailed to each of the committee
Page 3, Line 5members at least
ten six days prior to the meeting by the chairperson ofPage 3, Line 6the central committee that selected the members. Mailing of the notice is
Page 3, Line 7effective when the notice is properly addressed and deposited in the United States mail, with first-class postage prepaid.
Page 3, Line 8SECTION 3. In Colorado Revised Statutes, 1-12-206, amend (1), (2), and (3) as follows:
Page 3, Line 91-12-206. Vacancies in the office of county commissioner.
Page 3, Line 10(1) In case of a vacancy occurring in the office of county commissioner,
Page 3, Line 11a vacancy committee constituted as provided in this section shall, by a
Page 3, Line 12majority vote of its members present at a meeting called for the purpose,
Page 3, Line 13fill the vacancy by appointment within ten days after the occurrence of the
Page 3, Line 14vacancy. The meeting shall not be held unless a quorum is present
Page 3, Line 15consisting of not less than one-half of the voting members of the vacancy
Page 3, Line 16committee. A member of the vacancy committee may not vote by proxy.
Page 3, Line 17If the vacancy committee fails to fill the vacancy within
ten thirty days,Page 3, Line 18the governor shall fill the vacancy by appointment within
fifteen thirty-five days after the occurrence of the vacancy.Page 3, Line 19(2) If the vacating commissioner was elected by the electors of the
Page 3, Line 20whole county, whether at large or from a district, the successor shall be
Page 3, Line 21appointed by a vacancy committee constituted of those persons selected
Page 3, Line 22at the county central committee organizational meeting of the same
Page 3, Line 23political party as the vacating commissioner. In selecting the members of
Page 4, Line 1a vacancy committee, the central committee of a jurisdiction shall select,
Page 4, Line 2at a minimum, the members of the jurisdiction's central committee and
Page 4, Line 3the individuals elected as delegates to the applicable district assembly pursuant to section 1-4-602.
Page 4, Line 4(3) If the vacating commissioner was elected only by the electors
Page 4, Line 5of the district from which the vacating commissioner was elected, the
Page 4, Line 6county commissioner district central committee of the same district and
Page 4, Line 7political party as the vacating commissioner shall appoint a vacancy
Page 4, Line 8committee whose sole purpose shall be to name a successor to the
Page 4, Line 9position of county commissioner. In selecting the members of a vacancy
Page 4, Line 10committee, the central committee of a jurisdiction shall select, at a
Page 4, Line 11minimum, the members of the jurisdiction's central committee and the
Page 4, Line 12individuals elected as delegates to the applicable district
Page 4, Line 13assembly pursuant to section 1-4-602. In the event the county
Page 4, Line 14commissioner district central committee fails to appoint a vacancy
Page 4, Line 15committee, the vacancy committee shall consist of the members of the
Page 4, Line 16jurisdiction's central committee and the individuals elected as delegates to the district assembly pursuant to section 1-4-602.
Page 4, Line 17SECTION 4. In Colorado Revised Statutes, 22-2-105.5, amend (3)(a) as follows:
Page 4, Line 1822-2-105.5. State board of education - definitions - vacancies
Page 4, Line 19- procedure for filling. (3) (a) Any vacancy occurring on the state board,
Page 4, Line 20other than a vacancy in a seat filled by a member elected from the state
Page 4, Line 21at large, shall be filled by the vacancy committee of the party
Page 4, Line 22congressional central committee of the same political party as the
Page 4, Line 23vacating board member for the congressional district represented by the
Page 4, Line 24vacating board member. For purposes of this section, in selecting the
Page 5, Line 1members of a vacancy committee, the central committee of a jurisdiction
Page 5, Line 2shall select, at a minimum, the members of the jurisdiction's central
Page 5, Line 3committee and the individuals elected as delegates to the
Page 5, Line 4applicable district assembly pursuant to section 1-4-602. If no
Page 5, Line 5vacancy committee of the party congressional central committee exists,
Page 5, Line 6the party congressional central committee and the individuals elected
Page 5, Line 7as delegates to the applicable district assembly pursuant to section 1-4-602 shall perform the functions of the vacancy committee.
Page 5, Line 8SECTION 5. Act subject to petition - effective date. This act
Page 5, Line 9takes effect at 12:01 a.m. on the day following the expiration of the
Page 5, Line 10ninety-day period after final adjournment of the general assembly; except
Page 5, Line 11that, if a referendum petition is filed pursuant to section 1 (3) of article V
Page 5, Line 12of the state constitution against this act or an item, section, or part of this
Page 5, Line 13act within such period, then the act, item, section, or part will not take
Page 5, Line 14effect unless approved by the people at the general election to be held in
Page 5, Line 15November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.