C.R.S. Section 1-4-1004
Vacancies in major party designation occurring from the day after the earliest day to mail primary election ballots through primary election day

(1)

For the purposes of this section, a vacancy is caused by the declination, death, disqualification, or withdrawal of the person designated by the assembly as a candidate for nomination.

(2)

A vacancy in a party designation occurring from the day after the earliest day to mail primary election ballots pursuant to section 1-7.5-107 through the day of the primary election may be filled by the respective party assembly vacancy committee of the district, county, or state, depending upon the office for which the vacancy in nomination has occurred. The party assembly vacancy committee must be appointed by the party in accordance with party rules.

(3)

Intentionally left blank —Ed.

(a)

No vacancy committee called to fill a vacancy pursuant to this section may select a person to fill a vacancy at a meeting held for that purpose unless a written notice announcing the time and location of the vacancy committee meeting was mailed to each of the committee members within five calendar days of the chairperson of the central committee learning of the vacancy. Mailing of the notice is effective when the notice is properly addressed and deposited in the United States mail, with first-class postage prepaid. In addition to the mailing, the chairperson of the central committee may also contact committee members by electronic mail.

(b)

Intentionally left blank —Ed.

(I)

No vacancy committee meeting shall be held until a quorum is present consisting of not less than one-half of the voting membership of the vacancy committee.

(II)

The vacancy committee, by a majority vote of its members present and voting at a meeting called for that purpose, shall select a person who meets all of the requirements of candidacy as of the date of the primary election and who is affiliated with the same political party or minor political party, if any, shown in the statewide voter registration database as the candidate whose declination, death, disqualification, or withdrawal caused the vacancy.

(III)

No member of the vacancy committee may vote by proxy.

(IV)

If the vacancy committee fails to timely certify a selection, the state chair of the party of the candidate whose declination, death, disqualification, or withdrawal caused the vacancy, within seven days, shall fill the vacancy by appointing a person who meets all of the requirements of candidacy as of the date of the appointment and who is affiliated with the same political party shown in the statewide voter registration system as the candidate whose declination, death, disqualification, or withdrawal caused the vacancy. The name of the person appointed by the state chair must be certified to the secretary of state.

(c)

Intentionally left blank —Ed.

(I)

The designation and acceptance of the person selected to fill the vacancy must be submitted to the designated election official no later than three days from either the date of the vacancy committee meeting or from the date of appointment by the state chair pursuant to subsection (3)(b)(IV) of this section, as applicable.

(II)

For purposes of this section, a vacancy is filled when the designated election official receives the certificate of nomination and the written acceptance of the replacement candidate.

(d)

No person is eligible for appointment to fill a vacancy in a party designation unless that person meets all requirements of candidacy as of the date that the vacancy appointment is made.

(e)

If a person designated to fill a vacancy pursuant to this section decides not to fill a vacancy, he or she shall in like manner file a certificate setting forth the occurrence of the vacancy, stating they do not intend to fill the vacancy.

(4)

When a vacancy in a party nomination is filled pursuant to this section:

(a)

The designated election official shall:

(I)

Prominently post, on the designated election official’s official website and in each voter service and polling center, a notice regarding the vacancy and the name of the replacement candidate; and

(II)

Either cause to be printed and placed on the sample ballot delivered to the election judges and posted pursuant to section 1-5-413 a sticker of a different color than the sample ballot indicating the name of the replacement candidate or reprint the sample ballot with the name of the replacement candidate in a different color; and

(b)

Votes cast for the candidate who vacated the designation must be counted as votes for the replacement candidate.

(5)

Notwithstanding any provisions to the contrary, if a political party has established a rule regarding the length of affiliation required for a candidate, and a vacancy in that office occurs, then the party rule applies.

Source: Section 1-4-1004 — Vacancies in major party designation occurring from the day after the earliest day to mail primary election ballots through primary election day, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-01.­pdf (accessed Oct. 20, 2023).

1‑4‑101
Primary elections - when - nominations - expenses 1‑4‑102
Methods of placing names on primary ballot 1‑4‑103
Order of names on primary ballot 1‑4‑104
Party nominees 1‑4‑104.5
Primary election canceled - when 1‑4‑105
Defeated candidate ineligible 1‑4‑201
Time of holding general election 1‑4‑202
United States senators 1‑4‑203
Representatives in congress 1‑4‑204
State and district officers 1‑4‑205
County commissioners 1‑4‑206
Other county officers 1‑4‑301
Time of holding presidential elections 1‑4‑302
Party nominations to be made by convention 1‑4‑304
Presidential electors 1‑4‑305
Compensation 1‑4‑401
Time of congressional vacancy elections 1‑4‑401.5
Special congressional vacancy election - continuity in representation - rules 1‑4‑402
Nominations of political party candidates 1‑4‑403
Nomination of unaffiliated candidates for congressional vacancy election 1‑4‑404
Nomination and acceptance of candidate 1‑4‑501
Only eligible electors eligible for office 1‑4‑502
Methods of nomination for partisan candidates 1‑4‑503
Method of nomination for nonpartisan candidates 1‑4‑504
Documents are public records 1‑4‑601
Designation of candidates for primary election - definition 1‑4‑602
Delegates to party assemblies - definition 1‑4‑603
Designation of major political party candidates by petition 1‑4‑604
Filing of petitions and certificates of designation by assembly - legislative declaration 1‑4‑605
Order of names on primary ballot 1‑4‑701
Party nominations to be made by convention 1‑4‑702
Nominations of candidates for general election by convention 1‑4‑801
Designation of party candidates by petition 1‑4‑802
Petitions for nominating minor political party and unaffiliated candidates for a partisan office 1‑4‑803
Petitions for nominating school district directors 1‑4‑805
Petitions for nominating municipal candidates in coordinated elections 1‑4‑806
Preregistrants eligible to sign petitions 1‑4‑901
Designation of petition 1‑4‑902
Form of petition 1‑4‑903
Approval of petition 1‑4‑904
Signatures on the petitions 1‑4‑905
Circulators - requirements - affidavits - notarization - training 1‑4‑905.5
Petition entities - requirements - violations - definitions 1‑4‑906
Candidate’s acceptance 1‑4‑907
Filing of petition 1‑4‑908
Review of petition - signature verification - notification - cure - rules 1‑4‑909
Protest of designations and nominations 1‑4‑911
Review of a protest 1‑4‑912
Cure - rules 1‑4‑1001
Withdrawal or disqualification from candidacy 1‑4‑1002
Vacancies in major party designation up to the sixty-eighth day before primary election day 1‑4‑1003
Vacancies in major party designation occurring between the sixty-seventh day before a primary election and the earliest day to mail primary election ballots 1‑4‑1004
Vacancies in major party designation occurring from the day after the earliest day to mail primary election ballots through primary election day 1‑4‑1005
Vacancies in major party nomination occurring from the day after primary election day through the earliest day to mail general election ballots 1‑4‑1006
Vacancies in major party nomination occurring from the day after the earliest day to mail general election ballots through general election day 1‑4‑1007
Vacancies in minor party designation or nomination 1‑4‑1008
Vacancies in unaffiliated designation or nomination 1‑4‑1009
Vacancies in school district director nomination 1‑4‑1010
Vacancies in office occurring from the sixty-eighth day prior to primary election day through the earliest day to mail general election ballots 1‑4‑1011
Vacancies of joint gubernatorial candidates - process for filling vacancy in nomination for office of lieutenant governor 1‑4‑1012
Remote participation in vacancy committee meetings 1‑4‑1101
Write-in candidate affidavit of intent 1‑4‑1102
Time of filing affidavit 1‑4‑1103
Write-in votes for governor, president 1‑4‑1201
Declaration 1‑4‑1202
Definitions 1‑4‑1203
Presidential primary elections - when - conduct 1‑4‑1204
Names on ballots 1‑4‑1205
Write-in candidate affidavit for presidential primary 1‑4‑1206
Presidential primary ballots - survey of returns 1‑4‑1207
Election results - certification - pledging of delegates 1‑4‑1301
Formation of minor political party 1‑4‑1302
Petition to qualify as a minor political party 1‑4‑1303
Qualifications to nominate by constitution or bylaws 1‑4‑1304
Nomination of candidates 1‑4‑1305
Disqualification of minor political party 1‑4‑1401
Legislative declaration 1‑4‑1402
Applicability of part 1‑4‑1403
Referral of question in single-county judicial districts 1‑4‑1404
Referral of question in multiple-county judicial districts 1‑4‑1405
Coordinated or general election ballot 1‑4‑1406
County clerk and recorder designated election official - certification of results to secretary of state 1‑4‑1407
Initiative - petition 1‑4‑1408
Prior actions not affected
Green check means up to date. Up to date

Current through Fall 2024

§ 1-4-1004’s source at colorado​.gov