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1-4-401.5. Special congressional vacancy election – continuity in representation – rules

Overview of Statute

Should the Speaker of the House make a declaration that there are vacancies in more than one hundred offices of representatives in Congress, and one or more of those vacancies is a representative from Colorado, the governor will issue a proclamation setting a date to hold a special congressional vacancy election, which must occur not more than forty-nine days after the declaration, unless there is a general election within seventy-five days of the declaration. Candidates will be nominated by the party congressional central committee[1] within ten days after the declaration. Anyone who wishes to be an unaffiliated candidate must submit a notarized candidate’s statement of intent and a filing fee of five hundred dollars to the secretary of state. The secretary of state will have the authority to create the rules necessary to administer and enforce this section, or to adjust statutory deadlines to ensure the special election is held in the allotted time.[2]

[1] C.R.S. § 1-3-103: Nomination procedure for congressional central committee

[2] 2 U.S.C. § 8(b): Provides guidelines for when elections must be held

Statute

(1) In the event of a declaration by the speaker of the United States house of representatives pursuant to 2 U.S.C. sec. 8 (b) that vacancies exist in more than one hundred of the offices of representatives in congress and where one or more of those vacancies is in the office of representative in congress from this state, the governor shall issue a proclamation setting a day to hold a special congressional vacancy election. The special congressional vacancy election shall be conducted on a Tuesday not more than forty-nine days after the date of the declaration, unless a general election for the office is to be held within seventy-five days of the date of the declaration.

(2) Candidates at the special congressional vacancy election shall be nominated by the party congressional central committee selected pursuant to section 1-3-103 (3) not later than ten days after the declaration by the speaker of the United States house of representatives described in subsection (1) of this section.

(3) A person who desires to be an unaffiliated candidate at the special congressional vacancy election shall submit to the secretary of state a notarized candidate’s statement of intent together with a nonrefundable filing fee of five hundred dollars.

(4) The secretary of state shall have the authority to promulgate rules as may be necessary to administer and enforce any provision of this section or to adjust statutory deadlines to ensure that a special congressional vacancy election is held within the time required by this section and 2 U.S.C. sec. 8 (b).

 

Source: L. 2008: Entire section added, p. 409, § 3, effective August 5.

 

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 [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.