1-4-801. Designation of party candidates by petition

Overview of Statute

(1) Candidates for political party nominations to be made by primary election may be placed on the primary election ballot by petition. Every petition to nominate candidates for a primary election shall state the name of the office for which the person is a candidate and the candidate’s name and address and shall designate in not more than three words the name of the political party which the candidate represents. No petition shall contain the name of more than one person for the same office.

(2) The signature requirements for the petition are as follows:

(a) Every petition in the case of a candidate for any county office must be signed by electors eligible to vote within the county commissioner district or political subdivision for which the officer is to be elected. Except as otherwise provided in subsection (2)(e) of this section, the petition requires the lesser of one thousand signers or signers equal in number to ten percent of the votes cast in the political subdivision at the contested or uncontested primary election for the political party’s candidate for the office for which the petition is being circulated or, if there was no primary election, at the last preceding general election for which there was a candidate for the office. Notwithstanding any other provision of law, an unaffiliated elector is not eligible to sign a petition for a candidate of a major political party.

(a.5) Every petition in the case of a candidate for a member of the United States house of representatives, member of the state board of education for a congressional district, or member of the board of regents of the university of Colorado for a congressional district must be signed by eligible electors resident within the district for which the officer is to be elected. The petition requires the lesser of one thousand five hundred signers or signers equal in number to ten percent of the votes cast in the district at the contested or uncontested primary election for the political party’s candidate for the office for which the petition is being circulated or, if there was no primary election, at the last preceding general election for which there was a candidate for the office.

(b) Every petition in the case of a candidate for member of the general assembly or any district office greater than a county office must be signed by eligible electors resident within the district for which the officer is to be elected. The petition requires the lesser of one thousand signers or signers equal to thirty percent of the votes cast in the district at the contested or uncontested primary election for the political party’s candidate for the office for which the petition is being circulated or, if there was no primary election, at the last preceding general election for which there was a candidate for the office.

(b.5) Every petition in the case of a candidate for the office of district attorney must be signed by eligible electors resident within the district for which the officer is to be elected. The petition requires the lesser of one thousand signers or signers equal in number to ten percent of the votes cast in the district at the contested or uncontested primary election for the political party’s candidate for the office for which the petition is being circulated or, if there was no primary election, at the last preceding general election for which there was a candidate for the office

(c) (I) Repealed.

(II) Every petition in the case of a candidate for the office of governor or the office of United States senator must be signed by at least one thousand five hundred eligible electors in each congressional district.

(c.5) Every petition in the case of a candidate for the office of secretary of state, attorney general, or state treasurer must be signed by at least one thousand eligible electors in each congressional district.

(c.7) Every petition in the case of a candidate for the office of an at-large seat on either the state board of education or the board of regents of the university of Colorado must be signed by at least five hundred eligible electors in each congressional district.

(d) (Deleted by amendment, L. 93, p. 1405, § 29, effective July 1, 1993.)

(e) Where the electors of the county have voted to increase the membership of the board of county commissioners from three to five pursuant to section 30-10-306.5, C.R.S., or to decrease the membership of the board from five to three pursuant to section 30-10-306.7, C.R.S., for the next two primary elections immediately following an election at which the voters have approved the change in the membership of the board, the signature requirements for the petition are as follows:

(I) Where any one or more commissioners to be elected to the board of county commissioners will be voted on by voters of the whole county, every petition must require signers equal in number to twenty percent of the average of all votes cast in each commissioner district in the county during the prior two contested or uncontested primary elections for the political party’s candidates in each county commissioner district that held a primary election in either of those elections. If no primary election was held in either year, the calculation must be based on the most recent preceding general election for which the party had a candidate on the ballot, and every petition must require signers equal in number to twenty percent of the average of all votes cast for the political party’s candidates for commissioner in each commissioner district in which the party had a candidate on the ballot.

(II) Where any one or more commissioners to be elected to the board of county commissioners will be voted on only by the electors residing in a particular county commissioner district, the determination of the required number of signers must begin with a calculation of the average of all votes cast in each commissioner district in the county during the prior two contested or uncontested primary elections for the political party’s candidates in the county commissioner districts that held a primary election in either of those elections. Upon a determination of the average, that number must then be divided by the total number of commissioner districts in the county where commissioners are voted on only by the electors residing in the district, whether three or five. After completing this calculation, every petition must require signers equal in number to twenty percent of the number realized. If no primary election was held in either year, the calculation must be based on the most recent preceding general election for which the party had a candidate on the ballot, and every petition must require signers equal in number to the following calculation:

(A) Twenty percent of the average of all votes cast for the political party’s candidates for commissioner in each commissioner district in which the party had a candidate on the ballot; and

(B) Divide the number found in sub-subparagraph (A) of this subparagraph (II) by the total number of commissioner districts in the county where commissioners are voted on only by the electors residing in the district, whether three or five.

(f) Following the first two primary elections that are conducted after a change in the membership of the board of county commissioners pursuant to section 30-10-306.5 or 30-10-306.7, C.R.S., in accordance with the requirements of paragraph (e) of this subsection (2), the signature requirements for a petition for a county commissioner candidate who is affiliated with a major political party must follow the procedures specified in paragraph (a) of this subsection (2).

(3) No person shall be placed in nomination by petition on behalf of any political party unless the person was affiliated with the political party, as shown on the registration books of the county clerk and recorder, no later than the first business day of the January immediately preceding the election for which the person desires to be placed in nomination.

(4) No person who attempted and failed to receive at least ten percent of the votes for the nomination of a political party assembly for a particular office shall be placed in nomination by petition on behalf of the political party for the same office.

(5) Party petitions shall not be circulated nor any signatures be obtained prior to the first Monday in February. Petitions shall be filed no later than eighty-five days before the primary election.

Source: L. 92: Entire part R&RE, p. 684, § 7, effective January 1, 1993. L. 93: (2) amended,   p.1405, § 29, effective July 1. L. 98: (2)(a) to (2)(c) amended, p. 634, § 6, effective May 6. L. 99: (5) amended, p. 764, § 24, effective May 20. L. 2000: (1) amended, p. 2029, § 5, effective August 2. L. 2005: (5) amended, p. 1399, § 16, effective June 6; (5) amended, p. 1434, § 16, effective June 6. L. 2010: (3) amended, (HB 10-1271), ch. 324, p. 1502, § 4, effective May 27. L. 2011: (5) amended, (SB 11-189), ch. 243, p. 1064, § 9, effective May 27. L. 2013: (2)(a) amended and (2)(e) and (2)(f) added, (SB 13-243), ch. 268, p. 1410, § 1, effective May 24. L. 2016: (3) amended, (SB 16-142), ch. 173, p. 576, § 30, effective May 18. Initiated 2016: (6) added, Proposition 107, effective upon proclamation of the Governor, December 27, 2016. See L. 2017, p. 2820. L. 2017:(5) amended, (SB 17-209), ch. 234, p. 946, § 2, effective August 9;L. 2018: (2)(a) amended, (SB 18-233), ch. 262, p. 1607, § 10, effective May 29. L. 2019: (2)(a), (2)(b), (2)(c)(II), and (6) amended and (2)(a.5), (2)(b.5), (2)(c.5), and (2)(c.7) added, (HB 19-1278), ch. 326, p. 3011, § 18, effective August 2; L. 2020: (5)(a) amended and 5(b) added, (HB 20-1359), ch. 23, § 6, effective March 16.

Editor’s note: (1) The provisions of this section are similar to several former provisions of § 1-4-603 as they existed prior to 1992. For a detailed comparison, see the comparative tables located in the back of the index. (2) Subsection (2)(c)(I)(B) provided for the repeal of subsection (2)(c)(I), effective January 1, (See L. 98, p. 634.) (3) This section was amended by initiative in 2016. (4) (a) Section 7 of Proposition 107 (p. 2820), Session Laws of Colorado 2017, provides that the measure changing this section applies to any presidential primary election conducted after December 27, 2016. (b) Section 13 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.

Cross references: For the declaration of the people of Colorado in Proposition 107, see section 1 on p. 2815, Session Laws of Colorado 2017.

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.

Editor’s note: Articles 1 to 13 were repealed and reenacted in 1980, and this part 8 was subsequently repealed and reenacted in 1992, resulting in the addition, relocation, and elimination of sections as well as subject matter. For amendments to this part 8 prior to 1992, 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 and the editor’s note following the title heading. Former C.R.S. section numbers are shown in editor’s notes following those sections that were relocated in 1992. For a detailed comparison of articles 1 to 13 for 1980 and of this part 8 for 1992, see the comparative tables located in the back of the index.

Editor’s note: (1) The provisions of this section are similar to several former provisions of § 1-4-603 as they existed prior to 1992. For a detailed comparison, see the comparative tables located in the back of the index. (2) Subsection (2)(c)(I)(B) provided for the repeal of subsection (2)(c)(I), effective January 1, 1999. (See L. 98, p. 634.)
 
ANNOTATIONS

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).

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

Holding that in addition to nominees designated by party assembly, a party member desirous of the party’s nomination at the primary election may become a candidate by filing a petition signed by the requisite number of the electors of his party residing within the district from which he seeks to be elected. Anderson v. Mullaney, 166 Colo. 533, 444 P.2d 878 (1968).

Holding that it is permissible and possible for several candidates for the party’s nomination to be placed on the primary ballot by this procedure. Anderson v. Mullaney, 166 Colo. 533, 444 P.2d 878 (1968).

Holding that the county clerk’s record must itself indicate the affiliation of person seeking nomination as candidate of political party with the political party for at least one year prior to date of assembly of the political party at which candidates are designated, and record of clerk and recorder cannot be supplemented or enlarged in any way by parol evidence. Spain v. Fischahs, 354 P.2d 502, 143 (Colo. 1960).

NOTES OF DECISIONS

Ballot petitions, number of signatures required of new political parties in multidistrict political subdivisions, see Norman v. Reed, U.S.Ill.1992, 112 S.Ct. 698, 502 U.S. 279, 116 L.Ed.2d 711, on remand 607 N.E.2d 1198, 180 Ill.Dec. 685, 154 Ill.2d 77.

Freedom of political association, semiclosed primary election system, requirement that only registered party members and invited independents vote in party primary, see Clingman v. Beaver, 2005, 125 S.Ct. 2029, 544 U.S. 581, 161 L.Ed.2d 920, on remand 139 Fed.Appx. 936, 2005 WL 1638736.

The General Assembly requires a candidate seeking placement on a ballot via petition to obtain the lesser of an enumerated number of signatures or a number of signatures equaling a percentage of votes cast in the district’s preceding primary or general election for the office being sought, and the signatures must come from electors currently residing in the district, but reapportionment and redistricting have no effect on the number of signatures required by law, which is determined by a district’s preceding primary or general election for the office being sought.  Op.Atty.Gen. Opinion No. 12-06 (September 5, 2012).