1-4-1201 to 1-4-1207(Revised);1-4-1208(Repealed).
Overview of Statute
C.R.S. § 1-4-1208 has been repealed.
Statute
C.R.S. § 1-4-1208 has been repealed.
1-4-1201. Declaration.
In recreating and reenacting this part 12, it is the intent of the People of the State of Colorado that the provisions of this part 12 conform to the requirements of federal law and national political party rules governing presidential primary elections, and that the Colorado General Assembly will, during the 2017 legislative session, adopt all necessary conforming amendments to ensure the proper operation of a presidential primary election in Colorado.
Source: Initiated 2016: Entire part RC, Proposition 107, effective upon proclamation of the Governor, December 27, 2016. See L. 2017, p. 2816.
1-4-1202. Definitions. As used in this part 12, unless the context otherwise requires:
(1) “Political party” means a major political party as defined in section 1-1-104 (22).
(2) “Presidential primary election” means a primary election conducted in a year in which a United States Presidential Election will be held to allocate delegates to national nominating conventions of the major political parties selected in accordance with section 1-4-701.
Source: Initiated 2016: Entire part RC, Proposition 107, effective upon proclamation of the Governor, December 27, 2016. See L. 2017, p. 2816.
1-4-1203. Presidential primary elections – when – conduct.
(1) A presidential primary election shall be held on a Tuesday on a date designated by the governor. The date selected for the primary must be no earlier than the date the national rules of the major political parties provide for state delegations to the party’s national convention to be allocated without penalty and not later than the third Tuesday in March in years in which a United States Presidential Election will be held. The governor shall, in consultation with the secretary of state, designate the date of the presidential primary election no later than the first day of September in the year before the presidential primary election will be held.
(2) (a) Except as provided for in subsection (5) of this section, each political party that has a qualified candidate entitled to participate in the presidential primary election pursuant to this section is entitled to participate in the Colorado presidential primary election. At the presidential primary election, an elector that is affiliated with a political party may vote only for a candidate of that political party.
(b) An unaffiliated eligible elector may vote in a political party’s presidential primary election without affiliating with that party or may declare an affiliation with a political party to the election judges at the presidential primary election in accordance with section 1-7-201. Notwithstanding any other provision of law, no elector affiliated with a major or minor political party or political organization may change or withdraw his or her affiliation in order to vote in the presidential primary election of another political party unless the elector has changed or withdrawn such affiliation no later than the twenty-ninth day preceding the presidential primary election as provided in section 1-2-219 (1).
(3) Except as otherwise provided in this part 12, a presidential primary election must be conducted in the same manner as any other primary election to the extent statutory provisions governing other primary elections are applicable to this part 12. The election officers and county clerk and recorders have the same powers and shall perform the same duties for presidential primary elections as they provide by law for other primary elections and general elections.
(4) (a) A ballot used in a presidential primary election must only contain the names of candidates for the office of the president of the United States of America. The ballot shall not be used for the purpose of presenting any other issue or question to the electorate unless expressly authorized by law.
(b) Each political party that is entitled to participate in the presidential primary election shall have a separate party ballot for use by electors affiliated with that political party.
(c) The county clerk and recorder shall send to all active electors in the county who have not declared an affiliation or provided a ballot preference with a political party a ballot packet that contains the ballots of all the major political parties. In this ballot packet, the clerk shall also provide written instructions advising the elector of the manner in which the elector will be in compliance with the requirements of this code in selecting and casting the ballot of a major political party. An elector may cast the ballot of only one major political party. After selecting and casting a ballot of a single major political party, the elector shall return the ballot to the clerk. If an elector casts and returns to the clerk the ballot of more than one major political party, all such ballots returned will be rejected and will not be counted.
(d) The secretary of state may by rule adopt additional ballot requirements necessary to avoid voter confusion in voting in presidential primary elections.
(5) If, at the close of business on the sixtieth day before a presidential primary election, there is not more than one candidate for president affiliated with a political party certified to the presidential primary ballot pursuant to section 1-4-1204(1) or who has filed a write-in candidate statement of intent pursuant to 1-4-1205, the secretary of state may cancel the presidential primary election for that political party and declare that candidate the winner of the presidential primary election of such political party.
(6) The secretary of state may by rule adopt additional ballot requirements necessary to avoid voter confusion in voting in presidential primary elections.
(7) Repealed.
Source: Initiated 2016: Entire part RC, Proposition 107, effective upon proclamation of the Governor, December 27, 2016. See L. 2017, p. 2816. L. 2017: (1) and (4)(b) amended, (4)(c) and (4)(d) added, and (7) repealed, (SB 17-305), ch. 216, p. 842, § 3, effective August 9.
Editor’s note: Section 9 of chapter 216 (SB 17-305), Session Laws of Colorado 2017, provides that the act changing this section applies to primary elections held on or after August
9, 2017.
1-4-1204. Names on ballots.
(1) Not later than sixty days before the presidential primary election, the secretary of state shall certify the names and party affiliations of the candidates to be placed on any presidential primary election ballots. The only candidates whose names shall be placed on ballots for the election shall be those candidates who:
(a) repealed
(b) Are seeking the nomination for president of a political party as a bona fide candidate for president of the United States pursuant to political party rules and are affiliated with a major political party that received at least twenty percent of the votes cast by eligible electors in Colorado at the last presidential election; and
(c) Have submitted to the secretary, not later than eighty-five days before the date of the presidential primary election, a notarized candidate’s statement of intent together with either a nonrefundable filing fee of five hundred dollars or a petition signed by at least five thousand eligible electors affiliated with the candidate’s political party who reside in the state. Candidate petitions must meet the requirements of parts 8 and 9 of this article 4, as applicable.
(1.5) No later than the sixty-fifth day before the presidential primary election, a person whose name has been qualified to be placed on the ballot may file with the secretary of state an affidavit stating that the person is not a candidate for the office of the president of the United States and requesting that the person’s name not be included in the list of names certified by the secretary of state in accordance with subsection (1) of this section. The secretary of state shall not include in the list the name of a person who timely files an affidavit.
(2) The names of candidates appearing on any presidential primary ballot must be in an order determined by lot. The secretary of state shall determine the method of drawing lots.
(3) Except as otherwise prohibited by political party rules, the state chairperson of a political party may request the secretary to provide a place on the primary ballot for electors who have no presidential candidate preference to register a vote to send a noncommitted delegate to the political party’s national convention. To be valid, this request must be received by the secretary of state no later than seventy days before the presidential primary election.
(4) Any challenge to the listing of any candidate on the presidential primary election ballot must be made in writing and filed with the district court in accordance with section 1-1-113 (1) no later than five days after the filing deadline for candidates. Any such challenge must provide notice in a summary manner of an alleged impropriety that gives rise to the complaint. No later than five days after the challenge is filed, a hearing must be held at which time the district court shall hear the challenge and assess the validity of all alleged improprieties. The district court shall issue findings of fact and conclusions of law no later than forty-eight hours after the hearing. The party filing the challenge has the burden to sustain the challenge by a preponderance of the evidence. Any order entered by the district court may be reviewed in accordance with section 1-1-113 (3).
Source: Initiated 2016: Entire part RC, Proposition 107, effective upon proclamation of the Governor, December 27, 2016. See L. 2017, p. 2818. L. 2017: (1)(c) and (4) amended, (SB 17-305), ch. 216, p. 843, § 4, effective August 9. L. 2019: (1)(a) repealed and (1.5) added, (HB 19-1278), ch. 326, p. 3019, § 26, effective August 2.
Editor’s note: Section 9 of chapter 216 (SB 17-305), Session Laws of Colorado 2017, provides that the act changing this section applies to primary elections held on or after August 9,2017.
1-4-1205. Write-in candidate affidavit for presidential primary.
A write-in vote for any candidate on the presidential primary ballot shall not be counted unless the candidate for whom the write-in vote was cast has filed a notarized candidate’s statement of intent to seek the office of president of the United States. Any such affidavit must be accompanied by a nonrefundable fee of five hundred dollars and must be filed with the secretary of state no later than the close of business on the sixty-seventh day before the presidential primary election.
Source: Initiated 2016: Entire part RC, Proposition 107, effective upon proclamation of the Governor, December 27, 2016. See L. 2017, p. 2819.
1-4-1206. Presidential primary ballots – survey of returns.
Each county clerk and recorder shall survey all returns received from the presidential primary election in all county precincts in accordance with article 10 of this title 1.
Source: Initiated 2016: Entire part RC, Proposition 107, effective upon proclamation of the Governor, December 27, 2016. See L. 2017, p. 2819.L. 2019: Entire section amended, (HB 19-1278), ch. 326, p. 3019, § 27, effective August 2.
1-4-1207. Election results – certification – pledging of delegates.
(1) The secretary shall compile the number of votes cast for each candidate named on the presidential primary election ballot and the votes cast to send a noncommitted delegate to the political party’s national convention, if applicable, and shall calculate the percentage of votes received by each candidate as compared to the number of votes received by all candidates of the same political party.
(2) The secretary shall certify the results and percentages calculated pursuant to subsection (1) of this section to the state chairperson and the national committee of each political party which had at least one candidate on its presidential primary election ballot.
(3) Each political party shall use the results of the election to allocate national delegate votes in accordance with the party’s state and national rules.
Source: Initiated 2016: Entire part RC, Proposition 107, effective upon proclamation of the Governor, December 27, 2016. See L. 2017, p. 2819.L. 2019: (2) and (3) amended, (HB 19-1278), ch. 326, p. 3020, § 28, effective August 2.
§ 1–4–1208. Repealed by Laws 1998, Ch. 225, § 1, eff. July 1, 2000.
Repealed § 1–4–1208, relating to legislative declaration, Colorado appointments, and repeal of the rocky mountain presidential primary task force, was added by Laws 1998, Ch. 225, § 1, eff. May 26, 1998, and was repealed effective July 1, 2000 under its own provisions.
ANNOTATIONS
Source: L. 2003: Entire part repealed, p. 496, § 6, effective March 5.
Editor’s note: Articles 1 to 13 were numbered as articles 1, 3, 4, 9 to 19, and 21 of chapter 49, C.R.S. 1963. The substantive provisions of these articles were repealed and reenacted in 1980, resulting in the addition, relocation, and elimination of sections as well as subject matter. For amendments to these articles prior to 1980, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume. Former C.R.S. numbers prior to 1980 are shown in editor’s notes following those sections that were relocated. For a detailed comparison of these articles for 1980, see the comparative tables located in the back of the index.
Cross references: For school elections, see articles 30, 31, and 42 of title 22; for elections for removal of county seats, see article 8 of title 30; for municipal elections, see article 10 of title 31; for special district elections, see part 8 of article 1 of title 32; for exemption of certain statutory proceedings from the rules of civil procedure, see C.R.C.P. 81; for recall from office, see article XXI of the state constitution; for recall of state and county officers, see part 1 of article 12 of this title; for recall of municipal officers, see part 5 of article 4 of title 31; for recall of directors of special districts, see § § 32-1-906, 32-1-907.
Editor’s note: Articles 1 to 13 were repealed and reenacted in 1980. This article was numbered as articles 10 and 11 of chapter 49, C.R.S. 1963. For additional historical information concerning the repeal and reenactment of articles 1 to 13 of this title in 1980, see the editor’s note immediately following the title heading for this title.
Cross references: For election offenses relating to access to ballot by candidates, see part 4 of article 13 of this title.
Law reviews: For article, “Constitutional Law”, which discusses a Tenth Circuit decision dealing with minor party ballot access, see 61 Den. L.J. 217 (1984); for article, “Constitutional Law”, which discusses a Tenth Circuit decision dealing with minor party ballot access, see 62 Den. U. L. Rev. 101 (1985).
Editor’s note: This part 12 was added by referendum as part 11 in 1990, and this article was subsequently repealed and reenacted in 1992. For amendments to this part 12 prior to its repeal in 2003, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume.
1. Definition for United States
Used in the territorial sense, means the several states, the District of Columbia, Puerto Rico, the United States Virgin Islands, and any territory or insular possession subject to the jurisdiction of the United States. C.R.S. § 1-8.3-102.
2. Definition for Political party
Any group of registered electors who, by petition or assembly, nominate candidates for the official general election ballot. “Political party” includes affiliated party organizations at the state, county, and election district levels, and all such affiliates are considered to be a single entity for the purposes of this article, except as otherwise provided in section 7. Section 2(13) of article XXVIII of the state constitution.
3. Definition for Political organization
Any group of registered electors who, by petition for nomination of an unaffiliated candidate as provided in section 1-4-802, places upon the official general election ballot nominees for public office. C.R.S. § 1-1-104.
Alternate Meaning for Art. 45:
A political organization defined in section 527 (e) (1) of the federal “Internal Revenue Code of 1986”, as amended, that is engaged in influencing or attempting to influence the selection, nomination, election, or appointment of any individual to any state or local public office in the state and that is exempt, or intends to seek any exemption, from taxation pursuant to section 527 of the internal revenue code. “Political organization” shall not be construed to have the same meaning as “political organization” as defined in section 1-1-104 (24) for purposes of the “Uniform Election Code of 1992”, articles 1 to 13 of this title.
C.R.S. § 1-45-103
4. Definition for State
A state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. C.R.S. § 1-8.3-102.
5. Definition for Title
A brief statement that fairly and accurately represents the true intent and meaning of the proposed text of the initiative.
6. Definition for Ballot
(a) A federal write-in absentee ballot;
(b) A ballot specifically prepared or distributed for use by a covered voter in accordance with this article; or
(c) A ballot cast by a covered voter in accordance with this article.
(2) “Covered voter” means:
(a) A uniformed-service voter defined in paragraph (a) of subsection (9) of this section who is a resident of this state but who is absent from this state by reason of active duty and who otherwise satisfies this state’s voter eligibility requirements;
(b) An overseas voter who, before leaving the United States, was last eligible to vote in this state and, except for a state residency requirement, otherwise satisfies this state’s voter eligibility requirements;
(c) An overseas voter who, before leaving the United States, would have been last eligible to vote in this state had the voter then been of voting age and, except for a state residency requirement, otherwise satisfies this state’s voter eligibility requirements; or
(d) An overseas voter who was born outside the United States, is not described in paragraph (b) or (c) of this subsection (2), and, except for a state residency requirement, otherwise satisfies this state’s voter eligibility requirements if the last place where a parent, legal guardian, spouse, or civil union partner of the voter was, or under this article would have been, eligible to vote before leaving the United States is within this state.
C.R.S. § 1-8.3-102.
7. Definition for Person
Any natural person, partnership, committee, association, corporation, labor organization, political party, or other organization or group of persons. Section 2(11) of article XXVIII of the state constitution.
8. Definition for Section
A bound compilation of initiative forms approved by the secretary of state, which shall include pages that contain the warning required by section 1-40-110 (1), the ballot title, the abstract required by section 1-40-110 (3), and a copy of the proposed measure; succeeding pages that contain the warning, the ballot title, and ruled lines numbered consecutively for registered electors’ signatures; and a final page that contains the affidavit required by section 1-40-111 (2). Each section shall be consecutively prenumbered by the petitioner prior to circulation.
9. Definition for Election
Any election under the “Uniform Election Code of 1992” or the “Colorado Municipal Election Code of 1965”, article 10 of title 31, C.R.S. C.R.S. § 1-7.5-103.
10. Definition for Secretary
The Colorado secretary of state. C.R.S. § 1-1.5-102.
11. Definition for Committee
The committee of signers described in section 1-12-108(2). C.R.S. § 1-12-100.5.
12. Definition for Candidate
Any person who seeks nomination or election to any state or local public office that is to be voted on in this state at any primary election, general election, school district election, special district election, or municipal election. “Candidate” also includes a judge or justice of any court of record who seeks to be retained in office pursuant to the provisions of section 25 of article VI. A person is a candidate for election if the person has publicly announced an intention to seek election to public office or retention of a judicial office and thereafter has received a contribution or made an expenditure in support of the candidacy. A person remains a candidate for purposes of this article so long as the candidate maintains a registered candidate committee. A person who maintains a candidate committee after an election cycle, but who has not publicly announced an intention to seek election to public office in the next or any subsequent election cycle, is a candidate for purposes of this article. Section 2(2) of article XXVIII of the state constitution.