SB 23-301

Senate Bill 23-301 in Colorado changes how voters choose their preferred presidential candidates during primary elections. Starting from the 2028 election, instead of picking just one candidate, voters will rank their top five choices. If no candidate gets a majority, the votes for less popular candidates are redistributed to the next choice on each ballot until two finalists remain. This system ensures every vote counts more effectively and includes provisions for military and overseas voters to rank up to five candidates as well. The bill has been signed into law, meaning these changes will be implemented in future presidential primary elections.

Official Summary

The bill requires that in presidential primary elections, beginning with the 2028 presidential primary election, electors rank their 5 top choices for candidate. Each ballot counts as one vote for the highest ranked active candidate on that ballot. Votes are tabulated in rounds until 2 or fewer active candidates remain. Votes cast for a candidate who withdraws their candidacy for president of the United States and votes cast for a candidate with the fewest votes in a round of tabulation are transferred to the elector's next highest ranked active candidate on the ballot. Ties are determined by lot. Round-by-round tabulation results must be publicly reported as unofficial preliminary results beginning at the time the polls close on election day until all votes have been counted. The secretary of state must certify the results of each round of tabulation to the state chairperson and national committee of each political party that participated in the presidential primary election. The secretary of state is authorized to promulgate rules for the implementation of the ranked choice voting method for presidential primary elections. The bill also requires that for the 2024 presidential primary election, voters covered by the "Uniform Military and Overseas Voters Act" be allowed to cast votes on ballots that allow the voter to rank up to 5 candidates, including a write-in candidate, and provides for the manner in which such ballots are to be counted. Current law provides that ballots already printed that have votes cast for withdrawn, deceased, or disqualified candidates are invalid and are not to be counted. The bill makes an exception that ranked ballots with votes cast for withdrawn, deceased, or disqualified candidates for a presidential primary election are to be counted. (Note: This summary applies to this bill as introduced.)

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