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1-4-404. Nomination and acceptance of candidate

Overview of Statute

Candidates nominated under this article must file written acceptance with the secretary of state by either hand or mail delivery. Acceptances must be postmarked or received within four business days after the adjournment of the assembly.

Any candidate who fails to file an acceptance within the specified time will be seen to have declined the nomination.

Statute

Any person nominated in accordance with this article 4 shall file a written acceptance with the secretary of state by mail or hand delivery.The written acceptance must be postmarked or received by the secretary of state within four business days after the adjournment of the assembly. If an acceptance is not filed within the specified time, the candidate is deemed to have declined the nomination, and the nomination must be treated as a vacancy to be filled as provided in part 10 of this article 4.

Source: L. 83: Entire section added, p. 351, § 13, effective July 1. L. 92: Entire part amended, p.677, § 4, effective January 1, 1993. L. 95: Entire section amended, p. 829, § 26, effective July 1. L. 2010: Entire section amended, (HB 10-1116), ch. 194, p. 832, § 9, effective May 5.   L. 2017: Entire section amended, (SB 17-209), ch. 234, p. 962, § 6, effective August 9.

Editor’s note: Section 9 of chapter 234 (SB 17-209), Session Laws of Colorado 2017, provides that the act changing this section applies to elections conducted on or after August 9,2017.

 

ANNOTATIONS

Annotator’s note. The following annotations include a case decided under former provisions similar to this section.

Holding that the provision for acceptance of a nomination is so plain that it needs no construction other than that which its own language imports. O’Connor v. Smithers, 45 Colo. 23, 99 P. 46 (1908).

Holding that all nominees of minor political parties are required to file an acceptance. O’Connor v. Smithers, 45 Colo. 23, 99 P. 46 (1908).

Holding that if they do not file an acceptance within the specified time, their failure to do so is equivalent to an express declination. O’Connor v. Smithers, 45 Colo. 23, 99 P. 46 (1908).

Holding that such nomination will be treated as vacant. O’Connor v. Smithers, 45 Colo. 23, 99 P. 46 (1908).

Holding that the certificate of nomination has no force or effect if not filed within the time required by law. O’Connor v. Smithers, 45 Colo. 23, 99 P. 46 (1908).

Holding that although a nominee has already accepted a nomination for the same office upon another ticket, the secretary of state is justified in refusing to certify it for a place on the ballot where nominee fails to file his acceptance. O’Connor v. Smithers, 45 Colo. 23, 99 P. 46 (1908).

Holding that without an express written acceptance there is just as much a vacancy as if a nominee by convention should expressly decline to accept. O’Connor v. Smithers, 45 Colo. 23, 99 P. 46 (1908).

 

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 [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.

Definition [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.

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 [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.

Cases

Colorado Cases

Case Name: O’Connor v. Smithers

Citation: 45 Colo. 23, 99 P. 46 (1908)

Year: 1908

Case URL: https://www.ravellaw.com/opinions/f3b5383ad8c560f6f34902303f7069f6

Case Summary: Court held in favor of the secretary of state in a contest involving objections to certificates of nomination. Contestors' complaint also failed to adhere to the required nomination procedure.

Out-of-State Cases

Federal Cases

Regulations & Guidance