C.R.S. Section 1-4-1204
Names on ballots

Mentioned in

Anderson v. Griswold, the latest Section 3 challenge to Trump in Colorado, appears unlikely to reach the merits

Election Law Blog, September 7, 2023

“The latest effort, Anderson v. Griswold, has the backing of Citizens for Responsibility and Ethics in Washington, so it attracts different attention than the pro se claims filed so far. But it suffers many of the same defects.”
 
Bibliographic info

(1)

Not later than sixty days before the presidential primary election, the secretary of state shall certify the names and party affiliations of the candidates to be placed on any presidential primary election ballots. The only candidates whose names shall be placed on ballots for the election shall be those candidates who:

(a)

Repealed.

(b)

Are seeking the nomination for president of a political party as a bona fide candidate for president of the United States pursuant to political party rules and are affiliated with a major political party that received at least twenty percent of the votes cast by eligible electors in Colorado at the last presidential election; and

(c)

Have submitted to the secretary, not later than eighty-five days before the date of the presidential primary election, a notarized candidate’s statement of intent together with either a nonrefundable filing fee of five hundred dollars or a petition signed by at least five thousand eligible electors affiliated with the candidate’s political party who reside in the state. Candidate petitions must meet the requirements of parts 8 and 9 of this article 4, as applicable.

(1.5)

No later than the sixty-fifth day before the presidential primary election, a person whose name has been qualified to be placed on the ballot may file with the secretary of state an affidavit stating that the person is not a candidate for the office of the president of the United States and requesting that the person’s name not be included in the list of names certified by the secretary of state in accordance with subsection (1) of this section. The secretary of state shall not include in the list the name of a person who timely files an affidavit.

(2)

The names of candidates appearing on any presidential primary ballot must be in an order determined by lot. The secretary of state shall determine the method of drawing lots.

(3)

Except as otherwise prohibited by political party rules, the state chairperson of a political party may request the secretary to provide a place on the primary ballot for electors who have no presidential candidate preference to register a vote to send a noncommitted delegate to the political party’s national convention. To be valid, this request must be received by the secretary of state no later than seventy days before the presidential primary election.

(4)

Any challenge to the listing of any candidate on the presidential primary election ballot must be made in writing and filed with the district court in accordance with section 1-1-113 (1) no later than five days after the filing deadline for candidates. Any such challenge must provide notice in a summary manner of an alleged impropriety that gives rise to the complaint. No later than five days after the challenge is filed, a hearing must be held at which time the district court shall hear the challenge and assess the validity of all alleged improprieties. The district court shall issue findings of fact and conclusions of law no later than forty-eight hours after the hearing. The party filing the challenge has the burden to sustain the challenge by a preponderance of the evidence. Any order entered by the district court may be reviewed in accordance with section 1-1-113 (3).

Source: Section 1-4-1204 — Names on ballots, 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

§ 1-4-1204’s source at colorado​.gov