Statute text

(1) (a) Every petition or certificate of designation by assembly in the case of a candidate for nomination for any national or state office specified in section 1-4-502 (1), or for member of the general assembly, district attorney, or district office greater than a county office, together with the written acceptances signed by the persons designated or nominated by such assembly described in section 1-4-601 (3), shall be filed by the presiding officer or secretary of such assembly and received in the office of the secretary of state.

(b) A copy of each such certificate of designation shall be transmitted by the presiding officer or secretary of each assembly to the state central committee of the political party holding such assembly within three days after the adjournment of such assembly.

(2) Every petition or certificate of designation by assembly in the case of a candidate for nomination for any elective office other than the offices specified in paragraph (a) of subsection (1) of this section shall be filed in the office of the county clerk and recorder of the county where the person is a candidate.

(3) Certificates of designation by assembly shall be filed no later than four days after the adjournment of the assembly. Certificates of designation may be transmitted by facsimile transmission; however, the original certificate must also be filed and postmarked no later than ten days after the adjournment of the assembly.

(4) (Deleted by amendment, L. 99, p. 764, § 22, effective May 20, 1999.)

(5) Late filing of the certificate of designation shall not deprive candidates of their candidacy.

(6) (a) No later than four days after the adjournment of the assembly, the state central committee of each political party, utilizing the information described in paragraph (b) of subsection (1) of this section, shall file with the secretary of state a compilation of the certificates of designation of each assembly that nominated candidates for any national or state office or for member of the general assembly, district attorney, or district office greater than a county office. Such a compilation of certificates of designation may be transmitted by facsimile transmission; however, the original compilation must also be filed and postmarked no later than ten days after the adjournment of the assembly.

(b) The secretary of state shall compare such party compilation of certificates of designation with the certificates of designation filed by each such assembly with the secretary of state's office pursuant to paragraph (a) of subsection (1) of this section. In the event that a certificate of designation appearing on such party compilation has not been filed pursuant to paragraph (a) of subsection (1) of this section, the secretary of state shall notify the state central committee of such party not less than fifty-seven days before the primary election of an assembly's failure to file such certificate of designation.

(c) A state central committee that receives notification pursuant to paragraph (b) of this subsection (6) shall file, or direct the presiding officer of the assembly to file, the certificate of designation, together with any written acceptances, not less than fifty-six days before the primary election.

(d) The general assembly hereby finds and declares that it is beneficial to improve the procedure and timeliness for communicating the designation of candidates for the primary election ballot by political party assemblies between the officers of such assemblies, the state central committee of each political party, and the secretary of state. The general assembly further finds that prescribing certain additional review processes for the documentation evidencing designations and nominations of candidates that are not onerous will serve to minimize the likelihood of a candidate being deprived of his or her candidacy and of an erroneous primary election ballot. The general assembly further encourages the responsible officials to engage in the enhanced communication and review described in this subsection (6) well in advance of statutorily prescribed deadlines or ballot certification dates, if possible, in order to maximize the time for giving notice and resolving any issues that may arise from the primary ballot nomination process.

History

Source: L. 80: Entire article R&RE, p. 329, § 1, effective January 1, 1981. L. 81: Entire section amended, p. 310, § 2, effective March 27. L. 87: Entire section amended, p. 287, § 9, effective June 26. L. 89: Entire section amended, p. 303, § 9, effective May 9. L. 92: Entire part amended, p. 682, § 6, effective January 1, 1993. L. 99: Entire section amended, p. 286, § 2, effective April 13; entire section amended, p. 764, § 22, effective May 20. L. 2000: (1)(a) amended, p. 2028, § 4, effective August 2.

Annotations

Editor's note: (1) 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 1-14-208 as said section existed in 1979, the year prior to the repeal and reenactment of this article.

(2) Amendments to this section by Senate Bill 99-025 and House Bill 99-1225 were harmonized.

(3) An amendment to this section by Senate Bill 99-025 struck the language contained in subsection (4) as amended by House Bill 99-1225.

Annotations

ANNOTATION

Annotations

Am. Jur.2d. See 26 Am. Jur.2d, Elections, §§ 291-297.

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

Although boundaries of judicial district are coincident with those of county, certificate should be filed with secretary of state. Under the provision that a certificate of nomination for an office to be filled by the voters of a district office greater than a county office shall be filed with the secretary of state, a certificate of nomination for the office of district attorney of a judicial district should be filed with the secretary of state, notwithstanding the boundaries of the district were coincident with those of the county. Brown v. Van Cise, 69 Colo. 242, 193 P. 495 (1920).

Clerk who wrongfully refuses to accept certificate may be commanded to file certificate as of the date of presentment. The county clerk had wrongfully refused to accept a certificate making nominations for an approaching election. In view of the brief time intervening between the hearing and the day appointed for the election, the court, to avoid the delays which must attend a remand of the cause, gave judgment commanding the county clerk to file the certificate as of the date upon which it was presented, and proceed in the matter as required by law. McBroom v. Brown, 53 Colo. 412, 127 P. 957 (1912).