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1-4-604. Filing of petitions and certificates of designation by assembly – legislative declaration

Overview of Statute

Petitions and certificates of designation for candidates for any national or state office,[1] for member of the general assembly, district attorney, or a district office greater than a county office must be filed by the presiding officer or secretary of such assembly and received by the office of the secretary of state. Petitions and certificates of designation for other elective offices must be filed in the office of the county clerk and recorder. Certificates of designation must be filed within four days of the adjournment of the assembly. If the certificate of designation is transmitted by fax, the original certificate must be also be filed and postmarked within ten days after the adjournment of the assembly. A late filing will not deprive a candidate of eligibility.

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

Statute

(1) (a) Every petition or certificate of designation by assembly in the case of a candidate for nomination for any national or state office specified in section 1-4-502 (1), or for member of the general assembly, district attorney, or district office greater than a county office, together with the written acceptances signed by the persons designated or nominated by such assembly described in section 1-4-601 (3), shall be filed by the presiding officer or secretary of such assembly and received in the office of the secretary of state.

(b) A copy of each such certificate of designation shall be transmitted by the presiding officer or secretary of each assembly to the state central committee of the political party holding such assembly within three days after the adjournment of such assembly.

(2) Every petition or certificate of designation by assembly in the case of a candidate for nomination for any elective office other than the offices specified in paragraph (a) of subsection (1) of this section shall be filed in the office of the county clerk and recorder of the county where the person is a candidate.

(3) Certificates of designation by assembly shall be filed no later than four days after the adjournment of the assembly. Certificates of designation may be transmitted by facsimile transmission; however, the original certificate must also be filed and postmarked no later than ten days after the adjournment of the assembly.

(4) (Deleted by amendment, L. 99, p. 764, § 22, effective May 20, 1999.)

(5) Late filing of the certificate of designation shall not deprive candidates of their candidacy.

(6) (a) No later than four days after the adjournment of the assembly, the state central committee of each political party, utilizing the information described in paragraph (b) of subsection (1) of this section, shall file with the secretary of state a compilation of the certificates of designation of each assembly that nominated candidates for any national or state office or for member of the general assembly, district attorney, or district office greater than a county office. Such a compilation of certificates of designation may be transmitted by facsimile transmission; however, the original compilation must also be filed and postmarked no later than ten days after the adjournment of the assembly.

(b) The secretary of state shall compare such party compilation of certificates of designation with the certificates of designation filed by each such assembly with the secretary of state’s office pursuant to paragraph (a) of subsection (1) of this section. In the event that a certificate of designation appearing on such party compilation has not been filed pursuant to paragraph (a) of subsection (1) of this section, the secretary of state shall notify the state central committee of such party not less than fifty-seven days before the primary election of an assembly’s failure to file such certificate of designation.

(c) A state central committee that receives notification pursuant to paragraph (b) of this subsection (6) shall file, or direct the presiding officer of the assembly to file, the certificate of designation, together with any written acceptances, not less than fifty-six days before the primary election.

(d) The general assembly hereby finds and declares that it is beneficial to improve the procedure and timeliness for communicating the designation of candidates for the primary election ballot by political party assemblies between the officers of such assemblies, the state central committee of each political party, and the secretary of state. The general assembly further finds that prescribing certain additional review processes for the documentation evidencing designations and nominations of candidates that are not onerous will serve to minimize the likelihood of a candidate being deprived of his or her candidacy and of an erroneous primary election ballot. The general assembly further encourages the responsible officials to engage in the enhanced communication and review described in this subsection (6) well in advance of statutorily prescribed deadlines or ballot certification dates, if possible, in order to maximize the time for giving notice and resolving any issues that may arise from the primary ballot nomination process.

 

Source: L. 80: Entire article R&RE, p. 329, § 1, effective January 1, 1981.L. 81: Entire section amended, p. 310, § 2, effective March 27.L. 87: Entire section amended, p. 287, § 9, effective June 26.L. 89: Entire section amended, p. 303, § 9, effective May 9.L. 92: Entire part amended, p. 682, § 6, effective January 1, 1993.L. 99: Entire section amended, p. 286, § 2, effective April 13; entire section amended, p. 764, § 22, effective May 20.L. 2000: (1)(a) amended, p. 2028, § 4, effective August 2.

 

Editor’s note: (1) This section is similar to former § 1-14-208 as it existed prior to 1980.

(2) Amendments to this section by Senate Bill 99-025 and House Bill 99-1225 were harmonized.
 
ANNOTATION

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

Although boundaries of judicial district are coincident with those of county, certificate should be filed with secretary of state. Under the provision that a certificate of nomination for an office to be filled by the voters of a district office greater than a county office shall be filed with the secretary of state, a certificate of nomination for the office of district attorney of a judicial district should be filed with the secretary of state, notwithstanding the boundaries of the district were coincident with those of the county. Brown v. Van Cise, 69 Colo. 242, 193 P. 495 (1920).

Clerk who wrongfully refuses to accept certificate may be commanded to file certificate as of the date of presentment. The county clerk had wrongfully refused to accept a certificate making nominations for an approaching election. In view of the brief time intervening between the hearing and the day appointed for the election, the court, to avoid the delays which must attend a remand of the cause, gave judgment commanding the county clerk to file the certificate as of the date upon which it was presented, and proceed in the matter as required by law. McBroom v. Brown, 53 Colo. 412, 127 P. 957 (1912).

Petitioner’s name allowed to appear on ballot. Where the secretary of state accepted and approved the petition filed by petitioner, and no objections were filed as to the validity of his petition, there was no issue in reference to his right to appear on the primary ballot as a candidate by petition and his name did appear. Anderson v. Mullaney, 166 Colo. 533, 444 P.2d 878 (1968).
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 [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.

Cases

Colorado Cases

Out-of-State Cases

Case State: colorado

Case Name: Brown v. Van Cise

Citation: 69 Colo. 242, 193 P. 495 (1920)

Year: 1920

Case PDF: Brown v. Van Cise

Case Summary: Upholding the boundaries of a judicial district despite only including one county, the City and County of Denver, in an election for that district's office of District Attorney. These boundaries did not violate statutory language providing a "district greater than a county."    

Case State: colorado

Case Name: McBroom v. Brown

Citation: 53 Colo. 412, 127 P. 957 (1912)

Year: 1912

Case URL: https://www.ravellaw.com/opinions/28bb3f1b8fdadfec1bb5afc6b9ddae74

Case Summary: Holding that a clerk must accept a certificate of nomination from candidates for county offices, despite the prior filing of a certificate with other names. The political party improperly filed the initial certificate, and the petitioning candidates were instead the proper candidates for nomination.  

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.

Federal Cases

Regulations & Guidance