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1-4-402. Nominations of political party candidates

Overview of Statute

Political party conventions or committees authorized by those conventions are to nominate party candidates to fill unexpired terms of representatives in Congress. The conventions must occur within twenty days of the governor’s order for a new election. Candidates must be affiliated with the party for at least twelve consecutive months before the convention begins, as demonstrated by the voter registration book, or, if a party has its own rule about the length of affiliation, then that rule applies.

The presiding officer and the secretary of the convention or committee must certify the nomination by affidavit.


(1) (a) Any convention of delegates of a political party or any committee authorized by resolution of the convention shall nominate a candidate to fill a vacancy in the unexpired term of a representative in congress. A state central committee, its managing or executive committee selected pursuant to section 1-3-105 (2), or any other committee designated by the bylaws of the state central committee to convene a convention to nominate a candidate to fill a vacancy in the unexpired term of a representative in congress shall convene the convention and shall provide the procedure for the nomination of the candidate. A copy of the notice of election, as set by the governor and filed with the secretary of state, shall be sent by certified mail to the state chairperson of each political party.

(b) Upon receipt of the notice, the state chairperson shall issue a call for the state convention, stating the number of delegates from each county and the method of their selection.

(c) No convention shall be held later than the twentieth day from the date of the order issued by the governor.

(d) (I) Any candidate nominated by a political party shall have been affiliated with the party for at least twelve consecutive months prior to the date the convention begins, as shown on the voter registration book of the county clerk and recorder.

(II) Notwithstanding the provisions of subparagraph (I) of this paragraph (d), if a political party has established a rule regarding the length of affiliation which is necessary to be eligible for nomination by convention for the office of representative in congress, the party rule shall apply.

(2) The nomination to fill the vacancy in the unexpired term of a representative in congress made by the political party convention or a committee authorized by the convention shall be certified by affidavit of the presiding officer and secretary of the convention or committee.


 Source: L. 80: Entire article R&RE, p. 325, § 1, effective January 1, 1981. L. 83: Entire  sectionamended, p. 362, § 1, effective January 14; (1) amended, p. 351, § 11, effective July 1. L. 88: (1)(d) amended, p. 293, § 2, effective May 29. L. 92: Entire part amended, p. 676, § 4,   effective January 1, 1993. L. 99: (1)(d)(II) amended, p. 160, § 8, effective August 4. L. 2016: (1)(d)(I) amended, (SB 16-142), ch. 173, p. 575, § 27, effective May 18.

Editor’s note: This section is similar to former § 1-14-107 as it existed prior to 1980.

Cross  references:  For  methods  of  nomination,  see  §§  1-4-502  and  1-4-503;  for protests of designations and nominations, see § 1-4-909.

Definition [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.

Definition [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.

Definition [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.

Definition [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.

Definition [Secretary]

The Colorado secretary of state. C.R.S. § 1-1.5-102.

Definition [Committee]

The committee of signers described in section 1-12-108(2). C.R.S. § 1-12-100.5.

Definition [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.

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