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1-4-602. Delegates to party assemblies

Overview of Statute

Precinct caucuses shall be held 25 days before county assemblies to choose each precinct’s delegates. The persons receiving the highest number of votes at the precinct caucus shall be delegates to the county assembly from the precinct. Should two or more candidates receive the same number of votes for the last place in the assembly, the delegate will be determined by lot. The number of delegates from each precinct is allocated based on the number of affiliated voters in the precinct. For state senatorial or representative districts composed of more than one county, delegates to the senatorial and representative district assemblies shall be apportioned according the vote in each county or portion of a county for the party’s candidate for governor or president in the last general election.

All places established for holding precinct caucuses must be designated by a sign, with prescribed criteria, conspicuously posted no later than twelve days before the precinct caucuses. To be a delegate an individual must be a registered elector, a resident of the precinct for at least thirty days before the caucus, and have been affiliated with the political party for at least two months, as shown by the registration books, with the exception of registered electors who turned eighteen or became naturalized citizens during the two months preceding the caucus.

Statute

(1) (a) (I) County assemblies shall be held no later than twenty-five days after precinct caucuses. If a political party holds its precinct caucuses on the first Tuesday in February in a year in which a presidential election will be held, the county assemblies of the political party shall be held not less than fifteen days nor more than fifty days after the precinct caucuses. The county central committee or executive committee shall fix the number of delegates from each precinct to participate in the county assembly pursuant to the procedure for the selection of delegates contained in the state party central committee’s bylaws or rules. The persons receiving the highest number of votes at the precinct caucus shall be the delegates to the county assembly from the precinct. If two or more candidates receive an equal number of votes for the last available place in the election of delegates to county assemblies at the precinct caucuses, the delegate shall be determined by lot by the candidates. Except as provided in subsections (2) and (6) of this section, delegates to all other party assemblies shall be selected by the respective county assemblies from among the members of the county assemblies pursuant to the state party central committee’s bylaws or rules.

(II) Repealed.

(b) In determining the number of delegates from precincts which have been created or split since the previous general election, the county central committee or executive committee may allocate delegates based on the number of registered voters affiliated with the political party, pursuant to the state party central committee’s bylaws or rules.

(2) (a) In each state senatorial and representative district comprised of a portion of one county only, persons elected at precinct caucuses as delegates to the county assemblies shall serve also as delegates to the senatorial and representative district assemblies.

(b) In each state senatorial and representative district comprised of one or more whole counties and a portion of one or more counties or comprised of portions of two or more counties, the number of delegates to the senatorial and representative district assemblies shall be apportioned among the counties by the party’s senatorial or representative central committee according to the vote in the county or portion of a county for that party’s candidate for governor or president in the last general election, pursuant to the state party central committee’s bylaws or rules.

(3) All questions regarding the qualifications of any delegate or the conduct of any precinct caucus at which the delegates were voted on shall be determined by the credentials committees of the respective party county, representative, and senatorial assemblies.

(4) (a) All places established for holding precinct caucuses shall be designated by a sign conspicuously posted no later than twelve days before the precinct caucuses. The sign shall be substantially in the following form: “Precinct caucus place for precinct no. ……” The lettering on the sign and the precinct number shall be black on a white background with all letters and numerals at least four inches in height. Any precinct caucus subsequently removed and held in a place other than the place stated on the sign is null and void.

(b) Repealed.

(5) As used in this section, “delegate” means a person who is a registered elector, has been a resident of the precinct for thirty days prior to the caucus, and has been affiliated with the political party holding the caucus for at least two months, as shown on the registration books of the county clerk and recorder; except that any registered elector who has attained the age of eighteen years during the two months immediately preceding the caucus or any registered elector who has become a naturalized citizen during the two months immediately preceding the caucus may be a delegate even though the elector has been affiliated with the political party for less than two months as shown on the registration books of the county clerk and recorder. A delegate who moves from the precinct where registered during the twenty-nine days prior to any caucus shall become ineligible to serve as a delegate from that precinct.

(6) In each state senatorial and representative district comprised of all or parts of more than one county, persons elected at precinct caucuses as delegates to the county assemblies from precincts within the senatorial or representative district shall also serve as delegates to the senatorial and representative district assemblies if the senatorial or representative district central committee, by resolution adopted prior to the holding of the precinct caucuses in the year for which the resolution is to be effective, chooses to have the delegates to its district assembly in that year elected as provided in this subsection (6); except that selection of delegates under this subsection (6) shall be in conformance with the procedure established in the state party central committee’s bylaws or rules. As a part of the resolution, the senatorial or representative central committee may determine the total number of delegate votes to be cast at the senatorial or representative district assembly, apportion them by county among the portions of the district which lie in separate counties upon an equitable basis determined by party bylaws or rules, and, upon the basis of the apportionment, determine the factor necessary to apportion equally among the delegates from the precincts within the district in each county the total votes to be cast by delegates from the portion of the district lying within that county.

 

Source: L. 80: Entire article R&RE, p. 326, § 1, effective January 1, 1981.L. 82: (5) amended, p. 217, § 2, effective February 19.L. 85: (1) amended, p. 256, § 8, effective May 31; (1) amended, p. 248, § 5, effective July 1.L. 91: (5) amended, p. 620, § 34, effective May 1.L. 92: Entire part amended, p. 679, § 6, effective January 1, 1993.L. 94: (5) amended, p. 1768, § 24, effective January 1, 1995.L. 95: (5) amended, p. 830, § 28, effective July 1.L. 96: (1), (2)(b), and (6) amended, p. 1738, § 20, effective July 1.L. 98: (1) amended, p. 633, § 5, effective May 6.L. 99: (1)(a), (4), and (5) amended, p. 763, § 21, effective May 20; (1)(a) amended, p. 100, § 2, effective August 4.L. 2002: (1)(a) and (4) amended, p. 133, § 4, effective March 27.L. 2005: (1)(a)(I) amended, p. 1398, § 15, effective June 6; (1)(a)(I) amended, p. 1433, § 15, effective June 6.L. 2007: (1)(a)(I) amended, p. 1989, § 4, effective August 3.L. 2011: (1)(a)(I) amended, (SB 11-189), ch. 243, p. 1063, § 8, effective May 27.

Editor’s note: (1) The provisions of this section are similar to several former provisions of § 1-14-205 as they existed prior to 1980. For a detailed comparison, see the comparative tables located in the back of the index.

(2) Amendments to subsection (1) by Senate Bill 85-86 and House Bill 85-1063 were harmonized.

(3) Amendments to subsection (1)(a) by Senate Bill 99-025 and Senate Bill 99-027 were harmonized.

(4) Subsection (1)(a)(II)(B) provided for the repeal of subsection (1)(a)(II), effective July 1, 2002. (See L. 2002, p. 133.)

(5) Subsection (4)(b)(II) provided for the repeal of subsection (4)(b), effective July 1, 2002. (See L. 2002, p. 133.)
 
ANNOTATION

Applied in Carstens v. Lamm, 543 F. Supp. 68 (D. Colo. 1982).
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 [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.

Cases

colorado Cases

Out-of-State Cases

Federal Cases

Case Name: Carstens v. Lamm

Citation: 543 F. Supp. 68 (D. Colo. 1982)

Federal District Court: District of Colorado

Year: 1982

Case URL: https://www.ravellaw.com/opinions/6f119a74bd4befea9222a4d31dcefcca

Case Summary: Holding that the current congressional redistricting plan was unconstitutional and, because none of the plans submitted to the Court fully comported with the appropriate objectives and criteria, the court must fashion its own plan to satisfy the legal criteria and incorporate the most desirable aspects of the plans submitted to the Court.