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colorado > Colorado Electoral Code > Elections - Access To Ballot By Candidates

1-4-1302. Petition to qualify as a minor political party

Overview of Statute

To qualify as a minor political party, each potential party must submit a petition signed by 10,000 registered electors no later than the second Friday of January of the year for which the party is seeking to qualify. The petition must contain the name of the minor political party, and the heading of the petition must affirm a desire for the party to qualify as a minor political party, as well as the signatory’s biographical information.

Each petition must also include an affidavit of the registered elector who circulated the petition, including the circulator’s biographical information and qualifications, along with an affirmation verifying all signatures on the petition.

The secretary of state will notify the party of the sufficiency of the petition within twenty-one days of receipt. If the petition is insufficient, it can be amended at any time before 3:00 P.M. on the seventh day after notification. If amended, the secretary of state must respond in at most fourteen days to update the potential minor political party of the amended petition’s sufficiency.

If the petition is found to be sufficient, the secretary of state will notify the minor political party and the clerk and recorder of each county that such party is qualified, and eligible electors will be able to register as affiliated with the minor political party.

Statute

(1) A petition to qualify as a minor political party shall be signed by at least ten thousand registered electors and shall be submitted to the secretary of state no later than the second Friday in the January of the election year for which the minor political party seeks to qualify.

(2) The petition shall contain the name of the minor political party, and the heading of the petition shall state that the signers thereof desire that it be qualified as a minor political party.

(3) Each registered elector signing a petition pursuant to this section shall print the elector’s name and address, including the street and number, if any. There shall be attached to each petition an affidavit of a registered elector who circulated the petition stating:

(a) The elector’s address;

(b) That the elector is a registered elector;

(c) That the elector circulated the petition;

(d) That each signature on the petition was affixed in the elector’s presence and is the signature of the person whose name it purports to be; and

(e) That, to the best of the elector’s knowledge and belief, each of the persons signing the petition was a registered elector at the time of signing.

(4) (a) Upon filing, the secretary of state shall review all petition information and verify the information against the registration records. The secretary of state shall establish guidelines for verifying petition entries.

(b) No later than twenty-one days after receipt of the petition, the secretary of state shall notify the minor political party seeking to qualify of the number of valid signatures and whether the petition appears to be sufficient or insufficient.

(c) In case a petition to allow a minor political party to nominate candidates is not sufficient, it may be amended once at any time prior to 3 p.m. on the seventh day following the date of the notification of insufficiency. If such petition is amended prior to 3 p.m. on the seventh day following the notification of insufficiency, the secretary of state shall notify the minor political party of whether the petition is sufficient or insufficient no later than the fourteenth day following the date of the notification of insufficiency.

(d) Upon determining that the petition is sufficient:

(I) The secretary of state shall notify the minor political party and the clerk and recorder of each county that such party is qualified; and

(II) Eligible electors shall be able to register as affiliated with such minor political party.

 

Source: L. 98: Entire part added, p. 252, § 1, effective April 13.L. 99: (4)(b) and (4)(c) amended, p. 769, § 35, effective May 20.L. 2003: (1), (2), and (4)(d)(I) amended, p. 1311, § 10, effective April 22. L. 2011: (1) amended, (SB 11-189), ch. 243, p. 1065, § 14, effective May 27.

 

Definition [Circulated]

Presented to an elector for the collection of a signature and other information required by this article. C.R.S. § 1-12-100.5.

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 [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 [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.