WRITE-IN CANDIDATES
Annotations
Editor's note: This part 11 was originally enacted as parts of 49-11-7, 49-15-10, and 49-8-6 in C.R.S. 1963. The substantive provisions of this part 11 were repealed and reenacted in 1992, causing some addition, relocation, and elimination of sections as well as subject matter. For prior amendments, consult the red book table distributed with the session laws; the 1980 replacement volume and the original volume of C.R.S. 1973, and annual supplements to these volumes prior to 1992; the comparative tables located at the back of the index; and C.R.S. 1963.
1-4-1101. Write-in candidate affidavit of intent.
Statute text
(1) Any person who wishes to be a write-in candidate for any office in any election shall file an affidavit of intent stating that he or she desires the office and is qualified to assume its duties if elected. The affidavit of intent shall be filed with the secretary of state if it is for a statewide office, a seat in congress, a seat in the general assembly, the office of district attorney, or any other district office of state concern. The affidavit shall be filed with the county clerk and recorder if it is for a county office and with the designated election official if it is for a local office.
(2) No write-in vote for any office in any election shall be counted unless the person for whom the vote was cast has filed an affidavit of intent as required in subsection (1) of this section.
History
Source: L. 92: Entire part R&RE, p. 695, § 7, effective January 1, 1993. L. 96: (1) amended, p. 1741, § 27, effective July 1.
Annotations
Editor's note: This section was contained in a part that was repealed and reenacted in 1980 and 1992.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 1-4-1001 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 1-4-207 and 1-6-111 (6) as said sections existed in 1979, the year prior to the first repeal and reenactment of this part.
Annotations
ANNOTATION
Annotations
Annotator's note. The following annotations include cases decided under former provisions similar to this section.
This section and § 1-7-309 do not conflict. This section regulates the conduct of write-in candidates and prohibits the write-in candidate who fails to file an affidavit of intent from accumulating votes whereas § 1-7-309 regulates the conduct of voters and rejects ballots showing more names than persons to be elected to an office. Moran v. Carlstrom, 775 P.2d 1176 (Colo. 1989).
