Statute text

Any person nominated in accordance with this article 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 ten business days after the adjournment of the assembly. If an acceptance is not filed within the specified time, the candidate shall be deemed to have declined the nomination, and the nomination shall be treated as a vacancy to be filled as provided in section 1-4-1002 (3) and (5).

History

Source: L. 83: Entire section added, p. 351, ｧ 13, effective July 1. L. 92: Entire part amended, p. 677, ｧ 4, effective January 1, 1993. L. 95: Entire section amended, p. 829, ｧ 26, effective July 1.

Annotations

Editor's note: This section was contained in an article that was repealed and reenacted in 1980.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 similar to those contained in 1-14-107(5) as said section existed in 1979, the year prior to the repeal and reenactment of this article.

Annotations

ANNOTATION

Annotations

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

The provision for acceptance of a nomination is so plain that it needs no construction other than that which its own language imports. O'Connor v. Smithers, 45 Colo. 23, 99 P. 46 (1908).

All nominees of minor political parties are required to file an acceptance. O'Connor v. Smithers, 45 Colo. 23, 99 P. 46 (1908).

And if they do not file an acceptance within the specified time, their failure to do so is equivalent to an express declination. O'Connor v. Smithers, 45 Colo. 23, 99 P. 46 (1908).

And such nomination will be treated as vacant. O'Connor v. Smithers, 45 Colo. 23, 99 P. 46 (1908).

The certificate of nomination has no force or effect if not filed within the time required by law. O'Connor v. Smithers, 45 Colo. 23, 99 P. 46 (1908).

Although nominee has already accepted a nomination for the same office upon another ticket, the secretary of state is justified in refusing to certify it for a place on the ballot where nominee fails to file his acceptance. O'Connor v. Smithers, 45 Colo. 23, 99 P. 46 (1908).

Without an express written acceptance there is just as much a vacancy as if a nominee by convention should expressly decline to accept. O'Connor v. Smithers, 45 Colo. 23, 99 P. 46 (1908).