Statute text

Candidates for major political party nominations for the offices specified in section 1-4-502 (1) that are to be made by primary election may be placed on the primary election ballot by petition, as provided in part 8 of this article.

History

Source: L. 80: Entire article R&RE, p. 328, § 1, effective January 1, 1981. L. 83: (3), (6), and (8) amended, p. 353, § 17, effective July 1. L. 85: (2)(a), (2)(b), (3), (4), and (8) amended and (2)(d) added, p. 257, § 9, effective May 31. L. 88: (2)(a) and (2)(b) amended, p. 297, § 2, effective January 1, 1989. L. 89: (3) amended and (5.5) and (9) added, p. 302, § 8, effective May 9. L. 91: (2) amended, p. 621, § 35, effective May 1. L. 92: Entire part amended, p. 681, § 6, effective January 1, 1993. L. 98: Entire section amended, p. 257, § 8, effective April 13. L. 2000: Entire section amended, p. 2028, § 3, effective August 2.

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Editor's note: This section was contained in an article that was repealed and reenacted in 1980.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 1-14-207 as said section existed in 1979, the year prior to the repeal and reenactment of this article.

Annotations

ANNOTATION

Annotations

Analysis

I. General Consideration.

II. Electors Signing Petition.

III. Oath and Affidavit.

IV. Affiliation Required.

I. GENERAL CONSIDERATION.

Am. Jur.2d. See 26 Am. Jur.2d, Elections, §§ 241-245.

C.J.S. See 29 C.J.S., Elections, §§ 106-110.

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

In addition to nominees designated by party assembly, a party member desirous of the party's nomination at the primary election may become a candidate by filing a petition signed by the requisite number of the electors of his party residing within the district from which he seeks to be elected. Anderson v. Mullaney, 166 Colo. 533, 444 P.2d 878 (1968).

And it is permissible and possible for several candidates for the party's nomination to be placed on the primary ballot by this procedure. Anderson v. Mullaney, 166 Colo. 533, 444 P.2d 878 (1968).

The purpose in allowing nominations by individuals is to confer upon electors the right to place candidates in nomination under some party name which they might choose, representing a principle which they desired to support at the polls. O'Connor v. Smithers, 45 Colo. 23, 99 P. 46 (1908).

II. ELECTORS SIGNING PETITION.

Certificates not having the requisite number of names have no effect to nominate candidates, and can only be made valid by the addition of names within the time required by law to make nominations by individuals. O'Connor v. Smithers, 45 Colo. 23, 99 P. 46 (1908). See Whipple v. Kleckner, 25 Colo. 423, 55 P. 163 (1898).

All duplicate names on certificates for the same candidates for the same office must be eliminated. The certificates nominating candidates for the legislative and senatorial districts did not contain the requisite number of names to make a nomination by individuals, for the obvious reason that all duplicate names on these certificates for the same candidates for the same office must be eliminated. Hence, they were invalid. O'Connor v. Smithers, 45 Colo. 23, 99 P. 46 (1908).

III. OATH AND AFFIDAVIT.

Voter must not only sign petition but must also sign the oath, and a failure so to do invalidates the certificate. Cowie v. Means, 39 Colo. 1, 88 P. 485 (1906).

The signature of the elector, statement of residence, and the oath that the subscriber is an elector are matters of substance. Cowie v. Means, 39 Colo. 1, 88 P. 485 (1906).

Each requirement is to be a check upon the making of false or fraudulent certificates, and to enable anyone inspecting a certificate to discover the residence of the subscriber. Cowie v. Means, 39 Colo. 1, 88 P. 485 (1906).

The oath required is a matter of substance, as affording prima facie proof that the persons so subscribing the certificate did, in fact, subscribe the certificate, and are, in fact, electors of the state. Cowie v. Means, 39 Colo. 1, 88 P. 485 (1906).

These requirements are essential. Cowie v. Means, 39 Colo. 1, 88 P. 485 (1906).

Where no affidavit is made, the alleged certificate of nomination is void and of no force or effect, and no duty rested upon defendant as town clerk to file same or place the names of the candidates mentioned therein upon the ballot. Ballew v. Hartman, 118 Colo. 476, 196 P.2d 870 (1948).

Petitions for nomination of candidates held insufficient, where the affidavit attached to each, although sworn to, was not signed by the signers of the petition. Stephen v. Lail, 80 Colo. 49, 248 P. 1012 (1926). See Cowie v. Means, 39 Colo. 1, 88 P. 485 (1906).

Where the original petition is void because the oath was not signed by the voters, that portion of it assuming to appoint a committee to fill vacancies is likewise void, and such alleged committee has no power to act. Cowie v. Means, 39 Colo. 1, 88 P. 485 (1906).

IV. AFFILIATION REQUIRED.

The provisions for designation of candidates by petition and by party assembly require that a person shall be affiliated for one year with the party in which he seeks to become a candidate for public office. Anderson v. Kilmer, 134 Colo. 270, 302 P.2d 185 (1956).

And the county clerk's record must indicate the affiliation of that person with the political party for at least one year prior to the date of the assembly at which he seeks designation as a candidate for office. Spain v. Fischahs, 143 Colo. 464, 354 P.2d 502 (1960).