Colorado § 1-4-403 - Nomination of unaffiliated candidates for congressional vacancy election.

§ 1-4-403. Nomination of unaffiliated candidates for congressional vacancy election.

(1) Except as provided in section 1-4-401.5, candidates for congress at a congressional vacancy election who do not wish to affiliate with a political party may be nominated pursuant to the provisions of section 1-4-802.

(2) Petitions must be filed by 5 p.m. on the tenth day before the deadline for the secretary of state to certify the ballot content for the election.

Source: L. 80: Entire article R&RE, p. 325, § 1, effective January 1, 1981. L. 83: Entire section R&RE, p. 351, § 12, effective July 1. L. 92: Entire part amended, p. 677, § 4, effective January 1, 1993. L. 99: Entire section amended, p. 762, § 19, effective May 20. L. 2008: (1) amended, p. 410, § 4, effective August 5. L. 2011: (2) amended, (SB 11-189), ch. 243, p. 1063, § 6, effective May 27. L. 2024: (2) amended, (SB 24-210), ch. 468, p. 3243, § 9, effective June 6. L. 2026: Entire section amended, (HB 26-1113), ch. 267, p. 1493, § 18, effective June 1.

Editor's note: This section is similar to former § 1-14-107 (5) as it existed prior to 1980.

ANNOTATION

Annotator's note. The following annotations are taken from a case decided under former provisions similar to this section.

The provision for acceptance of a nomination is so plain that it needs no construction other than that which its own language imports. O'Connor v. Smithers, 45 Colo. 23, 99 P. 46 (1908).

All nominees of minor political parties are required to file an acceptance. O'Connor v. Smithers, 45 Colo. 23, 99 P. 46 (1908).

And if they do not file an acceptance within the specified time, their failure to do so is equivalent to an express declination. O'Connor v. Smithers, 45 Colo. 23, 99 P. 46 (1908).

And such nomination will be treated as vacant. O'Connor v. Smithers, 45 Colo. 23, 99 P. 46 (1908).

The certificate of nomination has no force or effect if not filed within the time required by law. O'Connor v. Smithers, 45 Colo. 23, 99 P. 46 (1908).

Although nominee has already accepted a nomination for the same office upon another ticket, the secretary of state is justified in refusing to certify it for a place on the ballot where nominee fails to file his acceptance. O'Connor v. Smithers, 45 Colo. 23, 99 P. 46 (1908).

Without an express written acceptance there is just as much a vacancy as if a nominee by convention should expressly decline to accept. O'Connor v. Smithers, 45 Colo. 23, 99 P. 46 (1908).