Section 1-4-1304 - Nomination of candidates(1) A minor political party may nominate candidates in accordance with sections 1-4-302, 1-4-402(1)(a), 1-4-502(1), and 1-4-802 and this article.(1.5)(a) A minor political party may nominate candidates for offices to be filled at a general election by petition in accordance with section 1-4-802.(b)(I) A minor political party may nominate candidates for offices to be filled at a general election by assembly. Except as provided in subsection (1.5)(f) of this section, an assembly shall be held no later than seventy-three days preceding the primary election.(II) Each candidate receiving thirty percent or more of the votes of all duly accredited assembly delegates who are present and voting on that office shall be designated by the assembly and certified pursuant to subsection (3) of this section.(c) If an assembly designates more than one candidate for an office, or if an assembly designates one or more candidates and one or more candidates qualifies by petition, the candidate of the minor political party for that office shall be nominated at a primary election held in accordance with this code. A minor political party may prohibit unaffiliated electors from voting in the party's primary election so long as the prohibition is in accordance with the party's constitution, bylaws, or other applicable rules. Any minor party choosing to prohibit unaffiliated electors from voting in its primary election must notify the secretary of state of the prohibition not less than seventy-five days prior to the primary election.(d) If only one candidate is designated for an office by petition or assembly, that candidate shall be the candidate of the minor political party in the general election.(e) Nothing in this section shall be construed to prevent any eligible elector associated with a political organization that does not qualify as a minor political party in an election from qualifying for the ballot by petition as an unaffiliated candidate under section 1-4-802.(2) Nominations by a minor political party, to be valid, must be made in accordance with the party's constitution or bylaws. No nomination under this section is valid for any general election unless the nominee:(a) Is a registered elector;(b) Was registered as affiliated with the minor political party that is making the nomination, as shown in the statewide voter registration system, no later than the first business day of the January immediately preceding the general election for which the person was nominated, unless otherwise provided in the constitution or bylaws of the minor political party; and(c) Has not been registered as a member of a major political party at any time after the first business day of the January immediately preceding the general election for which the person was nominated, unless otherwise provided in the constitution or bylaws of the minor political party.(3) Any minor political party nominating candidates in accordance with this part 13 shall file a certificate of designation with the designated election official no later than four days after the assembly was held at which the candidate was designated. The certificate of designation must state the name of the office for which each person is a candidate and the candidate's name and address, the date on which the assembly was held at which the candidate was designated, must designate in not more than three words the name of the minor political party that the candidate represents, and must certify that the candidate is a member of the minor political party. The candidate's name may include one nickname, if the candidate regularly uses the nickname and the nickname does not include any part of a political party name. The candidate's affiliation as shown in the statewide voter registration system is prima facie evidence of party membership.(4) Any person nominated in accordance with this part 13 shall file a written acceptance with the designated election official by mail, facsimile transmission, or hand delivery. The written acceptance must be postmarked or received by the designated election official no later than four business days after the filing of the certificate of designation required under subsection (3) of this section. If the acceptance is transmitted to the designated election official by facsimile transmission, the original acceptance must also be filed and postmarked no later than ten days after the filing of the certificate of designation required under subsection (3) of this section. If an acceptance is not filed within the specified time, the candidate shall be deemed to have declined the nomination.(5) Nothing in this part 13 shall be construed to allow a minor political party to nominate more than one candidate for any one office.Amended by 2020 Ch. 23,§ 10, eff. 3/16/2020.Amended by 2016 Proposition 108, effective upon proclamation of the Governor, 12/27/2016.Amended by 2016 Ch. 173,§ 35, eff. 5/18/2016.L. 98: Entire part added, p. 254, § 1, effective April 13. L. 99: IP(2), (3), and (4) amended, p. 769, § 36, effective May 20; (3) amended, p. 161, § 12, effective August 4. L. 2001: (3) amended, p. 1002, § 7, effective August 8. L. 2003: (1) and (3) amended and (1.5) added, p. 1312, § 12, effective April 22. L. 2007: (2)(b) and (2)(c) amended, p. 1974, § 14, effective August 3. L. 2010: (2) amended, (HB 10-1271), ch. 1503, p. 1503, § 6, effective May 27. L. 2011: (1.5)(b)(I) amended, (SB 11-189), ch. 1065, p. 1065, § 15, effective May 27. L. 2012: (3) amended, (HB 12-1292), ch. 681, p. 681, § 18, effective May 17. L. 2016: IP(2), (2)(b), and (3) amended, (SB 16-142), ch. 578, p. 578, § 35, effective May 18. Initiated 2016: (1.5)(c) amended, Proposition 108, effective upon proclamation of the Governor, December 27, 2016. See L. 2017, p. 2825. L. 2020: (1.5)(b)(I) amended and (1.5)(f) added, (HB 20-1359), ch. 87, p. 87, § 10, effective March 16.(1) Amendments to subsection (3) by Senate Bill 99-025 and House Bill 99-1152 were harmonized.
(2) This section was amended by initiative in 2016. The vote count on Proposition 108 at the general election held November 8, 2016, was as follows:
FOR: 1,398,577
AGAINST: 1,227,117
(3) Subsection (1.5)(f)(II) provided for the repeal of subsection (1.5)(f), effective December 31, 2020. (See L. 2020, p. 87.)
For the declaration of the people of Colorado in Proposition 108, see section 1 on p. 2822, Session Laws of Colorado 2017.