1-4-303. Nomination of unaffiliated candidates – fee
Overview of Statute
To be placed on the ballot for president or vice president as an unaffiliated candidate, an individual must submit either a notarized statement of intent and a filing fee of one thousand dollars or a petition of nomination to the secretary of state, as well as a list of registered electors to serve as presidential electors by 3 p.m. ninety days before the election. The secretary of state may reduce or increase the fee as specified in C.R.S. § 24-75-402.
 C.R.S. § 1-4-802: Guidelines for the petition of nomination.
(1) No later than 3 p.m. on the ninetieth day before the general election, a person who desires to be an unaffiliated candidate for the office of president or vice president of the United States who has not submitted a petition for nomination pursuant to section 1-4-802 shall submit to the secretary of state a notarized candidate’s statement of intent together with a nonrefundable filing fee of one thousand dollars and shall include with the filing fee the names of registered electors who are thus nominated as presidential electors. The acceptance of each of the electors must be endorsed as appended to the first or last page of the filing fee.
(2) Notwithstanding the amount specified for the fee in subsection (1) of this section, the secretary of state by rule or as otherwise provided by law may reduce the amount of the fee if necessary pursuant to section 24-75-402 (3), C.R.S., to reduce the uncommitted reserves of the fund to which all or any portion of the fee is credited. After the uncommitted reserves of the fund are sufficiently reduced, the secretary of state by rule or as otherwise provided by law may increase the amount of the fee as provided in section 24-75-402 (4), C.R.S.
Source: L. 80: Entire article R&RE, p. 324, § 1, effective January 1, 1981.L. 92: Entire part amended, p. 675, § 4, effective January 1, 1993.L. 95: Entire section amended, p. 885, § 1, effective July 1; entire section amended, p. 860, § 114, effective July 1.L. 98: Entire section amended, p. 1317, § 4, effective June 1.L. 99: (1) amended, p. 762, § 18, effective May 20.L. 2005: (1) amended, p. 1398, § 13, effective June 6; (1) amended, p. 1433, § 13, effective June 6.L. 2011: (1) amended, (SB 11-189), ch. 243, p. 1063, § 4, effective May 27.L. 2012: (1) amended, (HB 12-1292), ch. 181, p. 679, § 10, effective May 17.L. 2019: (1) amended, (HB 19-1278), ch. 326, p. 3010, § 15, effective August 2.
Holding that because the natural born clause of the U.S. constitution has not been implicitly repealed nor is it invalid under the absurdity doctrine, state laws requiring all presidential candidates to affirm that they are natural born citizens are constitutional. Hassan v. Colo., 870 F. Supp. 2d 1192 (D. Colo. 2012).
John B. Anderson et al., Presidential Elections—The Right to Vote and Access to the Ballot, 29 Nova L. Rev. 571 (2005).
Vacancies, see § 1-4-1002.
- Ballott Access
- Candidate Methods of Nomination
- Petitions for Nomination
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 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.
3. 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.
4. 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.
5. 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.
6. 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.
7. Definition for Secretary
The Colorado secretary of state. C.R.S. § 1-1.5-102.
8. 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.
Case Name: Hassan v. Colo.
Citation: 870 F. Supp. 2d 1192 (D. Colo. 2012)
Federal District Court: District of Colorado
Case URL: https://www.ravellaw.com/opinions/302cbc5c367e6b0c97483c483bcd97e6
Case Summary: Holding that constitutional requirement that the President be a natural born citizen has not been implicitly repealed by the Fourteenth Amendment; and natural born citizen requirement was not invalid under the absurdity doctrine.