SB 23-101

Senate Bill 23-101 changes how candidates can get on the primary election ballot in Colorado. It removes the option for major party candidates to be nominated through their party's assembly process and instead requires them to gather signatures like minor party candidates do, who now have similar requirements as major parties for getting on the ballot. The bill also allows unaffiliated voters to sign petitions for major party candidates and lets independent voters support both major party candidates with one signature per office. Since the bill has been signed into law, these changes will take effect according to the new rules set by the legislation.

Official Summary

Currently, a major and, depending on party rules, a minor, political party candidate can access a primary election ballot in the state either by gathering a statutorily established number of petition signatures or by being nominated through the political party assembly process. Section 1 of the bill eliminates the option for a major political party candidate to access a primary election ballot by being nominated through the political party assembly process, and section 16 eliminates the option for a minor political party candidate. Current law prohibits an unaffiliated voter from signing a petition for a major political party candidate and prohibits a major political party candidate from circulating a party petition or gathering any signatures prior to the third Tuesday in January. Section 2 changes the first day on which a major political party candidate may circulate a petition and gather signatures to the day on which the secretary of state provides notice to the candidate that the petition has been approved as to form and eliminates the prohibition against an unaffiliated voter signing a petition for a major political party candidate. The number of petition signatures that a candidate must collect to access a primary election ballot is currently different for a candidate who is a member of a major political party and a candidate who is a member of a minor political party. Section 3 aligns the signature requirements for a candidate who is a member of a minor political party with the requirements for a candidate who is a member of a major political party. Section 3 also aligns the methods by which a candidate who is a member of a minor political party may access the presidential primary election ballot with those of a candidate who is a member of a minor political party. In addition, the date on which a candidate may first circulate a petition or gather signatures is different for a candidate who is a member of a major political party than for a candidate who is unaffiliated or a member of a minor political party. Section 3 aligns the day on which all candidates may circulate a petition or gather signatures to the day on which the secretary of state provides notice to the candidate that the petition has been approved as to form. For a petition to nominate a candidate from a major political party in a partisan election, current law requires each person who signs the petition to be affiliated with the major political party named in the petition. Section 4 allows a person who is not affiliated with any political party to sign one petition per office to nominate a candidate from a major political party in a partisan election. Current law specifies that for a candidate who is a member of a major political party to be placed on a presidential primary election ballot, the candidate must submit a notarized statement of intent and either a filing fee or a petition signed by at least 5,000 eligible electors affiliated with the candidate's political party who reside in the district. Section 5 allows the petition to be signed by eligible electors who have not been affiliated with any political party for at least 22 days. Sections 6 through 16, 18, and 19 make conforming amendments.(Note: This summary applies to this bill as introduced.)

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