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1-4-603. Designation of major political party candidates by petition

Overview of Statute

Major political party candidates for the offices[1] can be nominated to the primary ballot by petition as provided in part 8 of this article.

[1] C.R.S. § 1-4-502(1): Methods of nomination for partisan candidates

Statute

Candidates for major political party nominations for the offices specified in section 1-4-502 (1) that are to be made by primary election may be placed on the primary election ballot by petition, as provided in part 8 of this article.

 

Source: L. 80: Entire article R&RE, p. 328, § 1, effective January 1, 1981.L. 83: (3), (6), and (8) amended, p. 353, § 17, effective July 1.L. 85: (2)(a), (2)(b), (3), (4), and (8) amended and (2)(d) added, p. 257, § 9, effective May 31.L. 88: (2)(a) and (2)(b) amended, p. 297, § 2, effective January 1, 1989.L. 89: (3) amended and (5.5) and (9) added, p. 302, § 8, effective May 9.L. 91: (2) amended, p. 621, § 35, effective May 1.L. 92: Entire part amended, p. 681, § 6, effective January 1, 1993.L. 98: Entire section amended, p. 257, § 8, effective April 13.L. 2000: Entire section amended, p. 2028, § 3, effective August 2.

Editor’s note: This section is similar to former § 1-14-207 as it existed prior to 1980.
 
ANNOTATION
 
I. General Consideration.
II. Electors Signing Petition.
III. Oath and Affidavit.
IV. Affiliation Required.
 
I.GENERAL CONSIDERATION.

Annotator’s note. The following annotations include cases decided under former provisions similar to this section.

In addition to nominees designated by party assembly, a party member desirous of the party’s nomination at the primary election may become a candidate by filing a petition signed by the requisite number of the electors of his party residing within the district from which he seeks to be elected. Anderson v. Mullaney, 166 Colo. 533, 444 P.2d 878 (1968).

And it is permissible and possible for several candidates for the party’s nomination to be placed on the primary ballot by this procedure. Anderson v. Mullaney, 166 Colo. 533, 444 P.2d 878 (1968).

The purpose in allowing nominations by individuals is to confer upon electors the right to place candidates in nomination under some party name which they might choose, representing a principle which they desired to support at the polls. O’Connor v. Smithers, 45 Colo. 23, 99 P. 46 (1908).
 
II.ELECTORS SIGNING PETITION.

Certificates not having the requisite number of names have no effect to nominate candidates, and can only be made valid by the addition of names within the time required by law to make nominations by individuals. Whipple v. Kleckner, 25 Colo. 423, 55 P. 163 (1898); O’Connor v. Smithers, 45 Colo. 23, 99 P. 46 (1908).

All duplicate names on certificates for the same candidates for the same office must be eliminated. The certificates nominating candidates for the legislative and senatorial districts did not contain the requisite number of names to make a nomination by individuals, for the obvious reason that all duplicate names on these certificates for the same candidates for the same office must be eliminated. Hence, they were invalid. O’Connor v. Smithers, 45 Colo. 23, 99 P. 46 (1908).
 
III.OATH AND AFFIDAVIT.

Voter must not only sign petition but must also sign the oath, and a failure so to do invalidates the certificate. Cowie v. Means, 39 Colo. 1, 88 P. 485 (1906).

The signature of the elector, statement of residence, and the oath that the subscriber is an elector are matters of substance. Cowie v. Means, 39 Colo. 1, 88 P. 485 (1906).

Each requirement is to be a check upon the making of false or fraudulent certificates, and to enable anyone inspecting a certificate to discover the residence of the subscriber. Cowie v. Means, 39 Colo. 1, 88 P. 485 (1906).

The oath required is a matter of substance, as affording prima facie proof that the persons so subscribing the certificate did, in fact, subscribe the certificate, and are, in fact, electors of the state. Cowie v. Means, 39 Colo. 1, 88 P. 485 (1906).

These requirements are essential. Cowie v. Means, 39 Colo. 1, 88 P. 485 (1906).

Where no affidavit is made, the alleged certificate of nomination is void and of no force or effect, and no duty rested upon defendant as town clerk to file same or place the names of the candidates mentioned therein upon the ballot. Ballew v. Hartman, 118 Colo. 476, 196 P.2d 870 (1948).

Petitions for nomination of candidates held insufficient, where the affidavit attached to each, although sworn to, was not signed by the signers of the petition. Cowie v. Means, 39 Colo. 1, 88 P. 485 (1906); Stephen v. Lail, 80 Colo. 49, 248 P. 1012 (1926).

Where the original petition is void because the oath was not signed by the voters, that portion of it assuming to appoint a committee to fill vacancies is likewise void, and such alleged committee has no power to act. Cowie v. Means, 39 Colo. 1, 88 P. 485 (1906).
 
IV.AFFILIATION REQUIRED.

The provisions for designation of candidates by petition and by party assembly require that a person shall be affiliated for one year with the party in which he seeks to become a candidate for public office. Anderson v. Kilmer, 134 Colo. 270, 302 P.2d 185 (1956).

And the county clerk’s record must indicate the affiliation of that person with the political party for at least one year prior to the date of the assembly at which he seeks designation as a candidate for office. Spain v. Fischahs, 143 Colo. 464, 354 P.2d 502 (1960).

The record of the county clerk cannot be supplemented or enlarged by parol evidence. Spain v. Fischahs, 143 Colo. 464, 354 P.2d 502 (1960).
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 [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

Case State: colorado

Case Name: Anderson v. Mullaney

Citation: 444 P.2d 878 (Colo. 1968)

Year: 1968

Case URL: https://www.ravellaw.com/opinions/8b66c712c877153ebfb30a600f65546f

Case Summary: Holding that petitioner, who had been designated by a vacancy committee of the party county central committee as a candidate of county assembly, was entitled to have his name placed on ballot as the assembly candidate even though another party successfully challenged petitioner’s right to have his name appear on the primary ballot.

Case State: colorado

Case Name: Anderson v. Kilmer

Citation: 302 P.2d 185 (1956)

Year: 1956

Case URL: https://www.ravellaw.com/opinions/07dadc684de4792f787f71ef5b143044

Case Summary: Holding that where candidate was first registered as a Republican in the books of the county clerk on April 29, 1956, and primary election was held September 11, 1956, such individual was ineligible for designation as a candidate.

Case State: colorado

Case Name: Spain v. Fischahs

Citation: 354 P.2d 502 (Colo. 1960)

Year: 1960

Case URL: https://www.ravellaw.com/opinions/89aba28b498ed356c840f21131789a20

Case Summary: Holding that county clerk's record must itself indicate the affiliation with a political party of a person seeking nomination as a candidate of that party for at least one year prior to date of the assembly of the political party at which candidates are designated as nominees, and that record cannot be supplemented by parol evidence.

Federal Cases

Regulations & Guidance