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Colorado > Colorado Electoral Code > Elections - Access To Ballot By Candidates

1-4-401. Time of congressional vacancy elections

Overview of Statute

Generally when a vacancy occurs in Congress, the governor must set a date to hold an election to fill it. No vacancy election will be held during the ninety days before a general election, nor will one be held less than eighty-five days or more than one hundred days after the vacancy occurs. Vacancy elections will be conducted in the same manner as general elections.

Statute

(1) Except as provided in section 1-4-401.5, when any vacancy occurs in the office of representative in congress from this state, the governor shall set a day to hold an election to fill the vacancy and cause notice of the election to be given as required in part 2 of article 5 of this title; but no congressional vacancy election shall be held during the ninety days prior to a general election or less than eighty-five days or more than one hundred days after the vacancy occurs.

(2) A congressional vacancy election shall be conducted and the results thereof surveyed and certified in all respects as nearly as practicable in like manner as for general elections, except as otherwise provided in this code.

 

Source: L. 80: Entire article R&RE, p. 324, § 1, effective January 1, 1981.L. 83: (1) amended, p. 350, § 10, effective July 1.L. 92: Entire part amended, p. 676, § 4, effective January 1, 1993.L. 93: (1) amended, p. 1765, § 3, effective June 6.L. 95: (1) amended, p. 829, § 25, effective July 1.L. 2008: (1) amended, p. 409, § 2, effective August 5.L. 2011: (1) amended, (SB 11-189), ch. 243, p. 1063, § 5, effective May 27.

Editor’s note: Articles 1 to 13 were numbered as articles 1, 3, 4, 9 to 19, and 21 of chapter 49, C.R.S. 1963. The substantive provisions of these articles were repealed and reenacted in 1980, resulting in the addition, relocation, and elimination of sections as well as subject matter. For amendments to these articles prior to 1980, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume. Former C.R.S. numbers prior to 1980 are shown in editor’s notes following those sections that were relocated. For a detailed comparison of these articles for 1980, see the comparative tables located in the back of the index.

Cross references: For election offenses relating to access to ballot by candidates, see part 4 of article 13 of this title.

Editor’s note: This section is similar to former § 1-11-101 as it existed prior to 1980.

Cross references: For registration for congressional vacancy elections, see § 1-2-210; for the power of the county central committee to fill vacancies, see § 1-3-104; for filling vacancies to serve as judges of elections, see § 1-6-113.

 

ANNOTATIONS

Law reviews: For article, “Constitutional Law”, which discusses a Tenth Circuit decision dealing with minor party ballot access, see 61 Den. L.J. 217 (1984); for article, “Constitutional Law”, which discusses a Tenth Circuit decision dealing with minor party ballot access, see 62 Den. U. L. Rev. 101 (1985).

 

United States Code Annotated:

Election of United States Senators,

  • Certification of election by governor, see 2 U.S.C.A. § 1a.
  • Countersigning certificate of election by secretary of state, see 2 U.S.C.A. § 1b.
  • Time for elections, see 2 U.S.C.A. § 1.
Representatives to congress,

  • Number of representatives, see 2 U.S.C.A. § 2b.
  • Reapportionment, see 2 U.S.C.A. § 2a.
  • Time of election, see 2 U.S.C.A. § 7.
  • Vacancies in representation, election to fill, see 2 U.S.C.A. § 8.

 

 

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 [Title]

A brief statement that fairly and accurately represents the true intent and meaning of the proposed text of the initiative.

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 [Section]

A bound compilation of initiative forms approved by the secretary of state, which shall include pages that contain the warning required by section 1-40-110 (1), the ballot title, the abstract required by section 1-40-110 (3), and a copy of the proposed measure; succeeding pages that contain the warning, the ballot title, and ruled lines numbered consecutively for registered electors’ signatures; and a final page that contains the affidavit required by section 1-40-111 (2). Each section shall be consecutively prenumbered by the petitioner prior to circulation.

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.

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