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1-4-502. Methods of nomination for partisan candidates

Overview of Statute

Except as otherwise provided in this section, nominations for United States senator, representative in Congress, governor, secretary of state, state treasurer, attorney general, member of the state board of education, regent of the university of Colorado, member of the general assembly, district attorney, and all county officers to be elected at general elections can be made by major political parties, primary election, or petition for nomination,[1] or a minor political party by petition.[2] Presidential and vice presidential nominations are to be made by national party conventions. Nominations for lieutenant governor after January 1, 2001, are to be made by the party’s candidate for governor, who must select a lieutenant governor within seven days of the primary election.

[1] C.R.S. § 1-4-802: Procedure for minor parties to nominate by petition

[2] C.R.S. § 1-4-1304: Additional procedure for minor parties to nominate by petition

Statute

(1)  Except as otherwise provided in paragraphs (b) and (c) of subsection (3) of this section, nominations for United States senator,
representative in congress, governor, lieutenant governor, secretary of state, state treasurer, attorney general, member of the state board of education, regent of the university of Colorado, member of the general assembly, district attorney, and all county officers to be elected at the
general election may be made by primary election under section 1-4-101 or by assembly or convention under section 1-4-702 by major political parties, by petition for nomination as provided in section
1-4-802, or by a minor political party as provided in section 1-4-1304.

(2) Nominations for presidential electors to be elected at the general election and for candidates to fill vacancies to unexpired terms of representatives in congress to be elected at a congressional vacancy election may be made by a convention of a political party, or by a committee authorized by the convention, or by petition for nomination of an unaffiliated candidate as provided in parts 8 and 9 of this article.

(3)  For general elections:

(a) The nomination of a major political party for lieutenant governor shall be made by the party’s candidate for governor. No later than seven days following the primary election, the party’s candidate for governor shall select a candidate for lieutenant governor. Other nominations for the office of lieutenant governor may be made by petition for nomination of an unaffiliated candidate as provided in section 1-4-802 or by a minor political party as provided in section 1-4-1304 (2).

(b) No person shall be eligible for a major political party nomination for lieutenant governor unless such person is a registered elector and has been affiliated with the major political party making the nomination, as shown in the record books of the county clerk and recorder, no later than the first business day of the January immediately preceding the election for which the person desires to be placed in nomination.

(c) Any person nominated as the candidate for lieutenant governor of a major political party pursuant to subsection (3)(a) of this section shall file a written acceptance with the secretary of state by mail or hand delivery. The written acceptance must be postmarked or received by the secretary of state within thirty days after the primary election. If an acceptance is not filed within the required time, the candidate is deemed to have declined the nomination, and the nomination must be treated as a vacancy to be filled as provided in part 10 of this article 4.

 

Source: L. 92: Entire part R&RE, p. 677, § 5, effective January 1, 1993. L. 95: Entire section amended, p. 860, § 115, effective July 1. L. 98: (1) amended, p. 256, § 6, effective April 13.L. 2000: (1) amended and (3) added, p. 2027, § 2, effective August 2. L. 2003: (1)   amended, p.1309, § 6, effective April 22. L. 2010: (3)(b) amended, (HB 10-1271), ch. 324, p. 1501, § 2, effective May 27. Initiated 2016: (1) amended, Proposition 108, effective upon proclamation of the Governor, December 27, 2016. See L. 2017, p. 2823. L. 2017: IP(3) and (3)(c) amended, (SB 17-209),
ch. 234, p. 962, § 7, effective August 9.

Editor’s note: (1)  This section is similar to former § 1-4-502 as it existed prior to 1992. (2)  This section was amended by initiative in 2016. (3) (a) Section 13 of Proposition 108 (p. 2827), Session Laws of Colorado 2017, provides that the measure changing this section applies to any primary election conducted after December 27, 2016.
(b) Section 13 of chapter 234 (SB 17-209), Session Laws of Colorado 2017, provides that the act changing this section applies to elections conducted on or after August 9, 2017.

Cross references: (1) For party nominations by convention, see § 1-4-701. (2) For the declaration of the people of Colorado in Proposition 108, see section 1 on p. 2822,Session Laws of Colorado 2017.

ANNOTATIONS

Jerry H. Goldfeder, Election Law and the Presidency: An Introduction and Overview, 85 Fordham L. Rev. 965 (2016).

 

 

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 [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 [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.