CO Code § 1-4-801 (2021)
2021 Colorado Code|Title 1 - Elections|Article 4 - Elections - Access to Ballot by Candidates|Part 8 - Nomination of Candidates by Petition|§ 1-4-801. Designation of Party Candidates by Petition

  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.    The signature requirements for the petition are as follows:   Every petition in the case of a candidate for any county office must be signed by electors eligible to vote within the county commissioner district or political subdivision for which the officer is to be elected. Except as otherwise provided in subsection (2)(e) of this section, the petition requires the lesser of one thousand signers or signers equal in number to ten 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. Notwithstanding any other provision of law, an unaffiliated elector is not eligible to sign a petition for a candidate of a major political party.  (a.5) Every petition in the case of a candidate for a member of the United States house of representatives, member of the state board of education for a congressional district, or member of the board of regents of the university of Colorado for a congressional district must be signed by eligible electors resident within the district for which the officer is to be elected. The petition requires the lesser of one thousand five hundred signers or signers equal in number to ten 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.     Every petition in the case of a candidate for member of the general assembly or any district office greater than a county office must be signed by eligible electors resident within the district for which the officer is to be elected. The petition requires 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.  (b.5) Every petition in the case of a candidate for the office of district attorney must be signed by eligible electors resident within the district for which the officer is to be elected. The petition requires the lesser of one thousand signers or signers equal in number to ten 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.       Repealed. (c) (I) Repealed.    Every petition in the case of a candidate for the office of governor or the office of United States senator must be signed by at least one thousand five hundred eligible electors in each congressional district.  (c.5) Every petition in the case of a candidate for the office of secretary of state, attorney general, or state treasurer must be signed by at least one thousand eligible electors in each congressional district.   (c.7) Every petition in the case of a candidate for the office of an at-large seat on either the state board of education or the board of regents of the university of Colorado must be signed by at least five hundred eligible electors in each congressional district.        (Deleted by amendment,L. 93, p. 1405, § 29, effective July 1, 1993.)    Where the electors of the county have voted to increase the membership of the board of county commissioners from three to five pursuant to section 30-10-306.5, C.R.S., or to decrease the membership of the board from five to three pursuant to section 30-10-306.7, C.R.S., for the next two primary elections immediately following an election at which the voters have approved the change in the membership of the board, the signature requirements for the petition are as follows:   Where any one or more commissioners to be elected to the board of county commissioners will be voted on by voters of the whole county, every petition must require signers equal in number to twenty percent of the average of all votes cast in each commissioner district in the county during the prior two contested or uncontested primary elections for the political party's candidates in each county commissioner district that held a primary election in either of those elections. If no primary election was held in either year, the calculation must be based on the most recent preceding general election for which the party had a candidate on the ballot, and every petition must require signers equal in number to twenty percent of the average of all votes cast for the political party's candidates for commissioner in each commissioner district in which the party had a candidate on the ballot.    Where any one or more commissioners to be elected to the board of county commissioners will be voted on only by the electors residing in a particular county commissioner district, the determination of the required number of signers must begin with a calculation of the average of all votes cast in each commissioner district in the county during the prior two contested or uncontested primary elections for the political party's candidates in the county commissioner districts that held a primary election in either of those elections. Upon a determination of the average, that number must then be divided by the total number of commissioner districts in the county where commissioners are voted on only by the electors residing in the district, whether three or five. After completing this calculation, every petition must require signers equal in number to twenty percent of the number realized. If no primary election was held in either year, the calculation must be based on the most recent preceding general election for which the party had a candidate on the ballot, and every petition must require signers equal in number to the following calculation:   Twenty percent of the average of all votes cast for the political party's candidates for commissioner in each commissioner district in which the party had a candidate on the ballot; and    Divide the number found in sub-subparagraph (A) of this subparagraph (II) by the total number of commissioner districts in the county where commissioners are voted on only by the electors residing in the district, whether three or five.          Following the first two primary elections that are conducted after a change in the membership of the board of county commissioners pursuant to section 30-10-306.5 or 30-10-306.7, C.R.S., in accordance with the requirements of paragraph (e) of this subsection (2), the signature requirements for a petition for a county commissioner candidate who is affiliated with a major political party must follow the procedures specified in paragraph (a) of this subsection (2).       No person shall be placed in nomination by petition on behalf of any political party unless the person was affiliated with the political party, as shown in the statewide voter registration system, no later than the first business day of the January immediately preceding the election for which the person desires to be placed in nomination.    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.      Party petitions shall not be circulated nor any signatures be obtained prior to the third Tuesday in January. Petitions must be filed no later than the close of business on the third Tuesday in March.    Repealed.       A candidate for a presidential primary election shall not begin circulating petitions before the first Monday in November of the year preceding the year in which the presidential primary election is held. A candidate must file a petition no later than the close of business on the eighty-fifth day before the date of the presidential 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. L. 2010: (3) amended, (HB 10-1271), ch. 324, p. 1502, § 4, effective May 27. L. 2011: (5) amended, (SB 11-189), ch. 243, p. 1064, § 9, effective May 27. L. 2013: (2)(a) amended and (2)(e) and (2)(f) added, (SB 13-243), ch. 268, p. 1410, § 1, effective May 24. L. 2016: (3) amended, (SB 16-142), ch. 173, p. 576, § 30, effective May 18. Initiated 2016: (6) added, Proposition 107, effective upon proclamation of the Governor, December 27, 2016. See L. 2017, p. 2820 . L. 2017: (5) amended, (SB 17-209), ch. 234, p. 946, § 2, effective August 9. L. 2018: (2)(a) amended, (SB 18-233), ch. 262, p. 1607, § 10, effective May 29. L. 2019: (2)(a), (2)(b), (2)(c)(II), and (6) amended and (2)(a.5), (2)(b.5), (2)(c.5), and (2)(c.7) added, (HB 19-1278), ch. 326, p. 3011, § 18, effective August 2. L. 2020: (5) amended, (HB 20-1359), ch. 23, p. 85, § 6, effective March 16. L. 2021: (5)(a) and (6) amended, (SB 21-250), ch. 282, p. 1640, § 17, effective June 21.    Editor's note:    The provisions of this section are similar to several former provisions of § 1-4-603 as they existed prior to 1992. For a detailed comparison, see the comparative tables located in the back of the index.    Subsection (2)(c)(I)(B) provided for the repeal of subsection (2)(c)(I), effective January 1, 1999. (SeeL. 98, p. 634.)    This section was amended by initiative in 2016. The vote count on Proposition 107 at the general election held November 8, 2016, was as follows:    Subsection (5)(b)(II) provided for the repeal of subsection (5)(b), effective December 31, 2020. (SeeL. 2020, p. 85.)    Section 85 of chapter 282 (SB 21-250), Session Laws of Colorado 2021, provides that the act changing this section applies to elections conducted on or after June 21, 2021.     FOR: :u940 1,701,599   AGAINST: :u1000 953,246   Cross references:    For the declaration of the people of Colorado in Proposition 107, see section 1 on p. 2815, Session Laws of Colorado 2017.    For the short title (“Colorado Votes Act”) in HB 19-1278, see section 1 of chapter 326, Session Laws of Colorado 2019.     ANNOTATION   Annotator's note. The following annotations include a case 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).   Minimum signature mandates of this section require strict compliance. The “substantial compliance” standard does not apply because the mandates are not mere technical requirements but rather minimum thresholds that the legislature has declared must be met. A candidate cannot be certified to the ballot with fewer signatures than required. Griswold v. Ferrigno Warren, 2020 CO 34, 462 P.3d 1081.