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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[1] 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.

[1] C.R.S. § 1-4-802: Guidelines for the petition of nomination

Statute

(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 shall submit to the secretary of state either a notarized candidate’s statement of intent together with a nonrefundable filing fee of one thousand dollars or a petition for nomination pursuant to the provisions of section 1-4-802 and shall include either on the petition or with the filing fee the names of registered electors who are thus nominated as presidential electors. The acceptance of each of the electors shall be endorsed as appended to the first or last page of the nominating petition or 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.

Editor’s note: Amendments to this section by House Bill 95-1022 and House Bill 95-1241 were harmonized.
 
ANNOTATION

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).
Definition [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.

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.

Cases

colorado Cases

Out-of-State Cases

Federal Cases

Case Name: Hassan v. Colo.

Citation: 870 F. Supp. 2d 1192 (D. Colo. 2012)

Federal District Court: District of Colorado

Year: 2012

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.