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STATE OF COLORADO ELECTION LAW

COLORADO REVISED STATUTES 1-4-1002



1-4-1002. Vacancies in designation or nomination.

Statute text

(1) Any vacancy in a party designation occurring after the party assembly at which the designation was made and no later than sixty-eight days before the primary election may be filled by the party assembly vacancy committee of the district, county, or state, depending upon the office for which the vacancy in designation has occurred. A vacancy may be caused by the declination, death, disqualification, or withdrawal of any person designated by the assembly as a candidate for nomination, or by failure of the assembly to make designation of any candidate for nomination, or by death or resignation of any elective officer after an assembly at which a candidate could have been designated for nomination for the office at a primary election had the vacancy then existed. No person is eligible for appointment to fill a vacancy in a party designation unless that person meets all requirements of candidacy as of the date of the assembly that made the original designation.

(2) Any vacancy in a party designation occurring during the sixty-seven days before the primary election or any vacancy in a party nomination occurring on or after the day of the primary election and no later than seventy days before the general election may be filled by the respective party assembly vacancy committee of the district, county, or state, depending upon the office for which the vacancy in designation or nomination has occurred. A vacancy may be caused by the declination, death, disqualification, resignation, or withdrawal of any person previously designated or of any person nominated at the primary election or by declination, death, disqualification, or withdrawal of any elective officer after a primary election at which a nomination could have been made for the office had the vacancy then existed. No person is eligible for appointment to fill a vacancy in the party designation or nomination unless that person meets all of the requirements of candidacy as of the date of the primary election.

(2.3) (a) Any vacancy in a party nomination, other than a vacancy for a party nomination for lieutenant governor for a general election occurring after January 1, 2001, that occurs after the day of the primary election and more than eighteen days but less than seventy days before the general election may be filled by the respective party assembly vacancy committee of the district, county, or state, as appropriate, depending upon the office for which the vacancy in nomination has occurred in accordance with the provisions of subsection (9) of this section. Any vacancy in a party nomination for lieutenant governor for a general election occurring after January 1, 2001, shall be filled by a replacement candidate for lieutenant governor who shall be nominated by the party's candidate for governor to fill the vacancy. A vacancy may be caused by the declination, death, disqualification, resignation, or withdrawal of any person nominated at the primary election or by the declination, death, disqualification, resignation, or withdrawal of any elective officer after a primary election at which a nomination could have been made for the office had the vacancy then existed. No person is eligible for appointment to fill a vacancy in the party nomination unless that person meets all of the requirements of candidacy as of the date of the primary election.

(b) Where a vacancy in the party nomination has been filled pursuant to the provisions of paragraph (a) of this subsection (2.3), the designated election official shall to the extent reasonably practical under the circumstances:

(I) Provide timely notice by publication of the replacement nomination only in the same manner as the notice required to be given by section 1-5-205; and

(II) Cause to be printed and placed on the sample ballot delivered to the election judges and posted pursuant to section 1-5-413 a sticker of a different color than the sample ballot indicating the name of the person filling the vacancy in the party nomination pursuant to the provisions of this section.

(2.5) (a) Any vacancy in a party nomination occurring less than eighteen days before the general election that is caused by the declination, death, disqualification, or withdrawal of any person nominated at the primary election or by the declination, death, disqualification, or withdrawal of any elective officer after a primary election at which a nomination could have been made for the office had the vacancy then existed shall not be filled before the general election. In such case, the votes cast for the candidate whose declination, death, disqualification, or withdrawal caused the vacancy are to be counted and recorded, and, if the candidate receives a plurality of the votes cast, such vacancy shall be filled after the general election by the respective party vacancy committee of the district, county, or state, as appropriate, depending upon the office for which the vacancy in nomination has occurred and in the manner provided for in part 2 of article 12 of this title for filling vacancies in office.

(b) Any vacancy in a party nomination for lieutenant governor for a general election occurring after January 1, 2001, that occurs less than eighteen days before the general election that is caused by the declination, death, disqualification, or withdrawal of the nominated candidate shall not be filled before the general election. In such case, the votes cast for the candidate for governor who was a joint candidate with the candidate whose declination, death, disqualification, or withdrawal caused the vacancy shall be counted and recorded, and, if such candidate is elected, he or she shall fill the vacancy after the general election by selecting a lieutenant governor who is a member of the same political party. The senate shall have no power to confirm or deny such appointment.

(3) Any vacancy in a party nomination occurring after the convention or assembly at which the nomination was made and no later than seventy days before the congressional vacancy election, caused by the declination, death, disqualification, or withdrawal of any person nominated at the convention, may be filled in the same manner required for the original nomination. If the original nomination was made by a party convention or assembly that had delegated to a committee the power to fill vacancies, the committee may proceed to fill the same vacancy when it occurs. No person is eligible for appointment to fill a vacancy in the party nomination unless that person meets all of the requirements of candidacy as of the date of the convention or assembly at which the original nomination was made.

(4) Any vacancy in a nomination for an unaffiliated candidate caused by the declination, death, or withdrawal of any person nominated by petition or statement of intent occurring after the filing of the petition for nomination or the submittal of a statement of intent under section 1-4-303 and no later than seventy days before the general or congressional vacancy election may be filled by the person or persons designated on the petition or statement of intent to fill vacancies.

(4.5) Any vacancy in a nomination for a minor political party candidate occurring after the filing of the certificate of designation pursuant to section 1-4-1304 (3) and no later than seventy days before the general or congressional vacancy election, which is caused by the declination, death, or withdrawal of any person nominated by the minor political party, may be filled by the person or persons designated in the constitution or bylaws of the minor political party to fill vacancies.

(5) (a) The persons designated to fill any of the vacancies in subsections (1) to (4.5) of this section shall file with the designated election official with whom the original certificate of petition was filed any certificate of designation or nomination to fill the vacancy and a written acceptance signed by the person designated or nominated no later than the close of business on the sixty-seventh day before the primary election or the sixty-ninth day before the general election, depending on when the vacancy occurred; except that, in the case of a vacancy filled pursuant to the provisions of subsection (2.3) of this section, such filing shall be done no later than the seventh day before the election affected by the vacancy.

(b) If the persons designated to fill any of the vacancies in subsections (1) to (4.5) of this section decide not to fill a vacancy, they shall in like manner file a certificate setting forth the occurrence of the vacancy, stating they do not intend to fill the vacancy.

(6) When the secretary of state or the county clerk and recorder receives a certificate of nomination to fill a vacancy, that official, in certifying the list of designees or nominees, shall replace the name of the original candidate with that of the replacement candidate. In the event the secretary of state has already certified the list, the secretary of state shall forthwith certify to the county clerk and recorders of the affected counties the name of the new nominee, the office for which the nomination is made, and the name of the person for whom the nominee is substituted. The secretary of state and the county clerk and recorders shall not accept any certificates of nomination to fill vacancies after the sixty-seventh day before election day; except that, in the case of a vacancy filled pursuant to the provisions of subsection (2.3) of this section, the secretary of state and the county clerk and recorder shall not accept any certificates of nomination to fill vacancies after the seventh day before election day.

(7) Except as otherwise provided in subsection (7.3) of this section, any vacancy in a statewide or county office, in the office of district attorney, or in the office of a state senator occurring during a term of office shall be filled at the next general election with nomination or designation by the political party as follows:

(a) If the vacancy occurs prior to the political party assembly, the designated election official shall notify the chairperson of each major political party that the office will be on the ballot for the next primary election, and candidates for the office shall be designated as provided in section 1-4-601 or 1-4-603.

(b) If the vacancy occurs after the political party assembly and no later than sixty-eight days before the primary election, the designated election official shall add the office to the notice of election and notify the chairperson of each major political party that the office will be on the ballot for the next primary election. Candidates for the office shall be designated as provided in section 1-4-603 or by the respective party central committee vacancy committee for the state, county, judicial district, or state senate district.

(c) If the vacancy occurs during the sixty-seven days before the primary election or after the primary election and no later than sixty-eight days before the general election, the designated election official shall add the office to the notice of election for the general election. Nominations for the office shall be made by the respective party central committee vacancy committee for the state, county, judicial district, or state senate district or as provided in section 1-4-802 for the nomination of unaffiliated candidates.

(7.3) After the second Tuesday of January 2003, any vacancy in the office of lieutenant governor shall be filled by the appointment by the governor of a lieutenant governor of the same political party as the governor to fill the vacancy. The senate shall have no power to confirm or deny such appointment.

(7.5) Any vacancy in a statewide or county office, in the office of district attorney, or in the office of a state senator occurring during a term of office shall be filled at the next general election with nomination or designation by a minor political party pursuant to the constitution or bylaws of the minor political party.

(8) Notwithstanding any provisions to the contrary, if a political party has established a rule regarding the length of affiliation required for a candidate for the office of United States senator or representative in congress, and a vacancy in that office occurs, then the party rule applies.

(9) (a) No vacancy committee called to fill a vacancy pursuant to the provisions of subsection (2.3) of this section may select a person to fill a vacancy at a meeting held for that purpose unless a written notice announcing the time and location of the vacancy committee meeting was mailed to each of the committee members at least five days prior to such meeting by the chairperson of the central committee which selected the members. Mailing of the notice is effective when the notice is properly addressed and deposited in the United States mail, with first-class postage prepaid.

(b) The vacancy committee, by a majority vote of its members present and voting at a meeting called for that purpose, shall select a person who meets all of the requirements of candidacy as of the date of the primary election and who is affiliated with the same political party or minor political party, if any, shown on the registration books of the county clerk and recorder as the candidate whose declination, death, disqualification, resignation, or withdrawal caused the vacancy. No meeting shall be held until a quorum is present consisting of not less than one-half of the voting membership of the vacancy committee. No member of the vacancy committee may vote by proxy. The committee shall certify the selection to the secretary of state within seven days from the date the vacancy occurs. If the vacancy committee fails to certify a selection within seven days, the state chair of the same political party or minor political party as the candidate whose declination, death, disqualification, resignation, or withdrawal caused the vacancy, within seven days, shall fill the vacancy by appointing a person having the qualifications set forth in this subsection (9). The name of the person selected or appointed by the state chair shall be certified to the secretary of state. The vacancy shall be filled until the next general election after the vacancy occurs, when the vacancy shall be filled by election.

History

Source: L. 92: Entire part R&RE, p. 692, § 7, effective January 1, 1993. L. 95: (2), (4), (7), and (7)(c) amended, pp. 834, 861, §§ 41, 118, 42, effective July 1. L. 96: (4) amended, p. 1741, § 26, effective July 1. L. 98: (4.5) and (7.5) added and (5) amended, p. 257, § 9, effective April 13. L. 99: (1), (2), (3), (4), (4.5), (5)(a), (6), (7)(b), and (7)(c) amended, p. 766, § 30, effective May 20; (2), (3), (4), (4.5), (5)(a), (6), (7)(b), and (7)(c) amended and (2.3), (2.5), and (9) added, p. 930, § 2, effective August 4; (8) amended, p. 161, § 10, effective August 4. L. 2000: (2.3)(a), (2.5), and IP(7) amended and (7.3) added, p. 2029, § 6, effective August 2. L. 2005: (1), (2), (2.3)(a), (3), (4), (4.5), (5)(a), (6), (7)(b), and (7)(c) amended, p. 1400, § 19, effective June 6; (1), (2), (2.3)(a), (3), (4), (4.5), (5)(a), (6), (7)(b), and (7)(c) amended, p. 1435, § 19, effective June 6.

Annotations

Editor's note: (1) This section was contained in a part that was repealed and reenacted in 1980 and 1992. Provisions of this section, as it existed in 1992, are similar to those contained in 1-4-903 as said section existed in 1991, the year prior to the most recent repeal and reenactment of this part. Provisions of this section, as it existed in 1980, are similar to those contained in 1-14-211 as said section existed in 1979, the year prior to the first repeal and reenactment of this part.

(2) Amendments to subsection (7) by sections 42 and 118 of House Bill 95-1241 were harmonized.

Annotations

Cross references: For filing a petition or certificate of designation, see § 1-4-604; for convention nominations, see § 1-4-701.

Annotations

ANNOTATION

Annotations

Am. Jur.2d. See 26 Am. Jur.2d, Elections, §§ 214, 215.

C.J.S. See 29 C.J.S., Elections, § 136.

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

The "vacancy" section must be construed in the light of the two-pronged framework for the designation and nomination of candidates either by the party assembly or by petition. Anderson v. Mullaney, 166 Colo. 533, 444 P.2d 878 (1968).

A vacancy comes into being when a party assembly fails to designate any candidate for nomination to a particular office. Anderson v. Mullaney, 166 Colo. 533, 444 P.2d 878 (1968).

And such "vacancy" continues to exist until it is filled by the party central committee or the time for filing it expires by the term of the statute. Anderson v. Mullaney, 166 Colo. 533, 444 P.2d 878 (1968).

The "vacancy" created by the party assembly's failure to designate a candidate for nomination may be filled by the subsequent action of the appropriate party central committee. Anderson v. Mullaney, 166 Colo. 533, 444 P.2d 878 (1968).

This is true even though a candidate for party nomination has in the interim between the assembly and the action of the central committee been placed on the primary ballot by petition. Anderson v. Mullaney, 166 Colo. 533, 444 P.2d 878 (1968).



This page last updated 9/15/06



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State of Colorado Election Laws:

CRS 1-4-101 CRS 1-4-102 CRS 1-4-103 CRS 1-4-104 CRS 1-4-105
CRS 1-4-201 CRS 1-4-202 CRS 1-4-203 CRS 1-4-204 CRS 1-4-205 CRS 1-4-206
CRS 1-4-301 CRS 1-4-302 CRS 1-4-303 CRS 1-4-304 CRS 1-4-305
CRS 1-4-401 CRS 1-4-402 CRS 1-4-403 CRS 1-4-404
CRS 1-4-501 CRS 1-4-502 CRS 1-4-503
CRS 1-4-601 CRS 1-4-602 CRS 1-4-603 CRS 1-4-604 CRS 1-4-605
CRS 1-4-701
CRS 1-4-801 CRS 1-4-802 CRS 1-4-803 CRS 1-4-804 CRS 1-4-805
CRS 1-4-901 CRS 1-4-902 CRS 1-4-903 CRS 1-4-904 CRS 1-4-905 CRS 1-4-906
CRS 1-4-907 CRS 1-4-908 CRS 1-4-909 CRS 1-4-910 CRS 1-4-911 CRS 1-4-912 CRS 1-4-913
CRS 1-4-1001 CRS 1-4-1002 CRS 1-4-1003
CRS 1-4-1101 CRS 1-4-1102 CRS 1-4-1103
CRS 1-4-1201
CRS 1-4-1301 CRS 1-4-1302 CRS 1-4-1303 CRS 1-4-1304 CRS 1-4-1305



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