Statute text
(1) Candidates for political party nominations to be made by primary election may be placed on the primary election ballot by petition. Every petition to nominate candidates for a primary election shall state the name of the office for which the person is a candidate and the candidate's name and address and shall designate in not more than three words the name of the political party which the candidate represents. No petition shall contain the name of more than one person for the same office.
(2) The signature requirements for the petition are as follows:
(a) Every petition in the case of a candidate for any county office shall be signed by electors eligible to vote within the county commissioner district or political subdivision for which the officer is to be elected. The petition shall require signers equal in number to twenty percent of the votes cast in the political subdivision at the contested or uncontested primary election for the political party's candidate for the office for which the petition is being circulated or, if there was no primary election, at the last preceding general election for which there was a candidate for the office.
(b) Every petition in the case of a candidate for member of the general assembly, district attorney, or any district office greater than a county office shall be signed by eligible electors resident within the district for which the officer is to be elected. The petition shall require the lesser of one thousand signers or signers equal to thirty percent of the votes cast in the district at the contested or uncontested primary election for the political party's candidate for the office for which the petition is being circulated or, if there was no primary election, at the last preceding general election for which there was a candidate for the office.
(c) (I) Repealed.
(II) On and after January 1, 1999, every petition in the case of a candidate for an office to be filled by vote of the electors of the entire state shall be signed by at least one thousand five hundred eligible electors in each congressional district.
(d) (Deleted by amendment, L. 93, p. 1405, § 29, effective July 1, 1993.)
(3) No person shall be placed in nomination by petition on behalf of any political party unless the person has been affiliated with the political party for at least twelve months prior to the date of filing the petition, as shown by the registration books of the county clerk and recorder.
(4) No person who attempted and failed to receive at least ten percent of the votes for the nomination of a political party assembly for a particular office shall be placed in nomination by petition on behalf of the political party for the same office.
(5) Party petitions shall not be circulated nor any signatures be obtained prior to the last Monday in March. Petitions shall be filed no later than seventy-five days before the primary election.
History
Source: L. 92: Entire part R&RE, p. 684, § 7, effective January 1, 1993. L. 93: (2) amended, p. 1405, § 29, effective July 1. L. 98: (2)(a) to (2)(c) amended, p. 634, § 6, effective May 6. L. 99: (5) amended, p. 764, § 24, effective May 20. L. 2000: (1) amended, p. 2029, § 5, effective August 2. L. 2005: (5) amended, p. 1399, § 16, effective June 6; (5) amended, p. 1434, § 16, effective June 6.
Annotations
Editor's note: (1) 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 1-4-603 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 1-14-207 as said section existed in 1979, the year prior to the first repeal and reenactment of this part.
(2) Subsection (2)(c)(I)(B) provided for the repeal of subsection (2)(c)(I), effective January 1, 1999. (See L. 98, p. 634.)
Annotations
ANNOTATION
Annotations
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).