This bill creates a new process for filling midterm vacancies in the office of county commissioner in Colorado counties with at least 50,000 residents. It introduces a public election mechanism (a "vacancy election") instead of filling vacancies solely by party appointment, and sets rules for candidate eligibility, voter participation, campaign finance, and cost-sharing with the state.
Key Provisions
1. Vacancy Election Requirement for Large Counties
If a vacancy occurs in the office of county commissioner between July 31 of an even-numbered year and July 31 of the following odd-numbered year, and the commissioner was from a major political party, the seat must:
Be temporarily filled by a party vacancy committee (within 10 days)
Then be permanently filled at the next November odd-year election
2. Candidate Eligibility
Only members of the same political party and district as the vacating commissioner may run
Must have been registered with that party by the first business day of January of the election year
Must meet standard legal requirements for county commissioner
3. Candidate Nomination Methods Candidates can appear on the ballot in one of two ways:
By Party Committee: Submitting a nominating statement signed by at least 30% of the party’s vacancy committee members
By Petition: Submitting a statement of intent and 200 signatures from eligible party-affiliated voters in the district
4. Voter Eligibility
Voters must reside in the affected commissioner district
Can vote if:
They are unaffiliated or affiliated with the same party as the vacating commissioner
The party may exclude unaffiliated voters if ¾ of its state central committee votes to do so (vote must happen by October 1 of the year before the election)
5. Election Procedures
County clerks must conduct the vacancy election using the same method of election used to elect the vacating commissioner
The winner assumes office after election certification
Vacancy elections are subject to state campaign finance laws
6. Campaign Finance Rules
Creates a new designation: “Vacancy Candidate”
Treated as a regular candidate under campaign finance law
May accept contributions up to normal limits
May spend funds anytime during the election cycle
Defines the election cycle for these races as beginning on the date of vacancy and ending 30 days after the election
7. State Reimbursement for Election Costs
If the state certifies any content on the same odd-year ballot:
The state reimburses 45% of the county’s election costs
If the state does not certify any content:
The county bears full responsibility for the costs
Summary
HB25-1319 adds transparency and public participation to the process of filling midterm vacancies in the office of county commissioner for larger counties. It establishes a structured nomination process, defines voter eligibility, and aligns the process with campaign finance and election law, while allowing the state to share election costs under certain conditions.
Summary
The bill modifies the process for filling vacancies in an unexpired
term in the office of county commissioner for county commissioners affiliated with a major political party in counties with populations of at least 50,000. Under current law, in the event of a vacancy in an unexpired term in the office of county commissioner, a vacancy committee appoints an individual to fill the vacancy until the next general election. The bill changes this process for a vacancy in an unexpired term of a county commissioner who is affiliated with a major political party if the vacancy occurs on or after July 31 of an even-numbered year but before July 31 of an odd-numbered year. If a vacancy in the office of county commissioner occurs on or after July 31of an odd-numbered year but before July 31 of an even-numbered year or if a vacancy occurs and the unexpired term is less than 90 days, the vacancy is filled pursuant to current law.
The bill requires that, if the vacancy occurs on or after July 31 of
an even-numbered year but before July 31 of an odd-numbered year, the vacancy must be filled by vacancy committee selection until the next regularly scheduled odd-year November election following the vacancy, when the vacancy must be filled by vacancy election held as part of the odd-year November election (vacancy election). An individual elected at a vacancy election serves until the next general election.
A vacancy election is administered according to the state election
code, as applicable. A candidate must be placed on the ballot for a vacancy election if the candidate:
•
Files a nominating statement signed by 30% of the district vacancy committee members with the county clerk and recorder and the candidate's major political party by the seventieth day before the vacancy election; or
•
Submits to the county clerk and recorder, at least 75 days prior to the vacancy election, a notarized candidate's statement of intent and a petition signed by at least 200 electors who are affiliated with the same major political party as the candidate and are eligible to vote in the district for which the candidate is to be elected.
No other candidates are placed on the ballot. A candidate must meet the current statutory and constitutional requirements for serving as a county commissioner and be registered with the vacating commissioner's major political party by the first business day in January of the calendar year in which the vacancy election occurs. A candidate in a vacancy election is subject to the campaign finance requirements of the Fair Campaign Practices Act.
Only registered electors who reside within the district served by
the vacating commissioner and who are registered with the same major political party as the vacating commissioner or who are unaffiliated with a political party are eligible to vote in a vacancy election, unless 75% of the political party county central committee affirmatively votes to allow only electors affiliated with the political party to vote in a vacancy election.
The bill also makes conforming amendments.
