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1-4-403. Nomination of unaffiliated candidates for congressional vacancy election

Overview of Statute

Except as statutorily provided,[1] congressional vacancy candidates who don’t wish to be affiliated with a major political party can be nominated by petition.[2] Such candidates must file petitions within twenty days after the governor’s order.

[1] C.R.S. § 1-4-401.5: Guidelines for Congressional vacancy elections

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

Statute

(1) Except as provided in section 1-4-401.5, candidates for congress at a congressional vacancy election who do not wish to affiliate with a major political party may be nominated pursuant to the provisions of section 1-4-802.

(2) Petitions must be filed by 3 p.m. on the twentieth day after the date of the order issued by the governor.

 

Source: L. 80: Entire article R&RE, p. 325, § 1, effective January 1, 1981.L. 83: Entire section R&RE, p. 351, § 12, effective July 1.L. 92: Entire part amended, p. 677, § 4, effective January 1, 1993.L. 99: Entire section amended, p. 762, § 19, effective May 20.L. 2008: (1) amended, p. 410, § 4, effective August 5.L. 2011: (2) amended, (SB 11-189), ch. 243, p. 1063, § 6, effective May 27.

Editor’s note: This section is similar to former § 1-14-107 (5) as it existed prior to 1980.
 
ANNOTATION

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

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).

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

And 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).

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

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).

Although 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).

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 [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 [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 [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.