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1-4-101. Primary election nominations made.

Statute text

(1) A primary election shall be held at the regular polling places in each precinct on the second Tuesday of August in even-numbered years to nominate candidates of political parties to be voted for at the succeeding general election. Except as provided by section 1-4-1304 (1.5), only a major political party, as defined in section 1-1-104 (22), shall be entitled to nominate candidates in a primary election.

(2) Each political party that is entitled to participate in the primary election shall have a separate party ballot. The primary election of all political parties shall be held at the same time and at the same polling places and shall be conducted by the same election officials.

(3) All nominations by major political parties for candidates for United States senator, representative in congress, all elective state, district, and county officers, and members of the general assembly shall be made by primary elections; except that, for general elections occurring after January 1, 2001, nominations by major political parties for candidates for lieutenant governor shall not be made by primary elections and shall be made pursuant to section 1-4-502 (3). Neither the secretary of state nor any county clerk and recorder shall place on the official general election ballot the name of any person as a candidate of any major political party who has not been nominated in accordance with the provisions of this article, or who has not been affiliated with the major political party for at least twelve months unless otherwise provided by law, or who does not meet residency requirements for the office, if any. The information found on the voter registration record of the county of current or previous residence of the person seeking to be placed on the ballot is admissible as prima facie evidence of compliance with this article.

(4) Except as otherwise provided in this code, all primary elections shall be conducted in the same manner as general elections insofar as the general election provisions are applicable, and the election officers for primary elections have the same powers and shall perform the same duties as those provided by law for general elections.

(5) All expenses incurred in the preparation or conduct of the primary election shall be paid out of the treasury of the county or state, as the case may be, in the same manner as for general elections.


Source: L. 80: Entire article R&RE, p. 321, § 1, effective January 1, 1981. L. 81: (1) amended, p. 307, § 3, effective January 1, 1982. L. 83: (3) amended, p. 350, § 9, effective July 1. L. 85: (1) amended, p. 248, § 4, effective July 1. L. 86: (3) amended, p. 396, § 6, effective April 17. L. 88: (3) amended, p. 293, § 1, effective May 29. L. 89: (3) amended, p. 314, § 2, effective April 12. L. 91: (3) amended, p. 620, § 31, effective May 1. L. 92: Entire part amended, p. 672, § 4, effective January 1, 1993. L. 98: (1) to (3) amended, p. 256, § 4, effective April 13. L. 99: (3) amended, p. 159, § 7, effective August 4. L. 2000: (3) amended, p. 2027, § 1, effective August 2. L. 2003: (1) and (2) amended, p. 1309, § 4, effective April 22.


Editor's note: This section was contained in an article that was repealed and reenacted in 1980. Provisions of this section, as it existed in 1980, are the same as those contained in 1-14-202 as said section existed in 1979, the year prior to the repeal and reenactment of this article.


Cross references: For the definition of political parties, see § 1-1-104 (25); for the conduct of primary elections, see part 2 of article 7 of this title.




Am. Jur.2d. See 26 Am. Jur.2d, Elections, §§ 203, 204, 227.

C.J.S. See 29 C.J.S., Elections, § 111.

The primary election law was intended to and did take from political bosses the right to control in the nominating of candidates for office; that it had surrounded the primary election with all the safeguards provided for general elections; and that the persons who are chosen by the voters to represent them, in matters preliminary to nominations, are entitled to hold the position for which they have been so chosen during the term prescribed by law. People ex rel. Vick Roy v. Republican State Cent. Comm., 75 Colo. 312, 226 P. 656 (1924) (concurring opinion) (decided under former law).

Compliance with residence requirement can be proven by means other than the voter registration page. Romero v. Sandoval, 685 P.2d 772 (Colo. 1984).

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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