Colorado § 1-5-402 - Primary election ballots.

§ 1-5-402. Primary election ballots.

(1) No later than thirty-two days before the primary election, the county clerk and recorder shall prepare a separate ballot for each political party. The county clerk and recorder shall ensure that the ballots are printed in the following manner:

(a) The county clerk and recorder shall ensure that all official ballots are printed according to the provisions of section 1-5-407; except that across the top of each ballot must be printed the name of the political party for which the ballot is to be used.

(b) The positions on the ballot shall be arranged as follows: First, candidates for United States senator; next, congressional candidates; next, state candidates; next, legislative candidates; next, district attorney candidates; next, other candidates for district offices greater than a county office; next, candidates for county commissioners; next, county clerk and recorder candidates; next, county treasurer candidates; next, county assessor candidates; next, county sheriff candidates; next, county surveyor candidates; and next, county coroner candidates. When other offices are to be filled at the coming general election, the county clerk and recorder, in preparing the primary ballot, shall use substantially the form prescribed by this section, stating the proper designation of the office and placing the names of the candidates for the office under the name of the office.

(2) Repealed.

Source: L. 92: Entire article R&RE, p. 707, § 8, effective January 1, 1993. L. 93: (1)(a) amended, p. 1766, § 6, effective June 6. L. 99: IP(1) amended, p. 774, § 46, effective May 20. Initiated 2016: (2) added, Proposition 108, effective upon proclamation of the Governor, December 27, 2016. See L. 2017, p. 2825. L. 2018: (2) repealed, (SB 18-233), ch. 262, p. 1608, § 13, effective May 29. L. 2024: IP(1) and (1)(a) amended, (SB 24-210), ch. 468, p. 3247, § 14, effective June 6.

Editor's note: (1) This section is similar to former § 1-6-401 (2) as it existed prior to 1992.

(2) This section was amended by initiative in 2016. The vote count on Proposition 108 at the general election held November 8, 2016, was as follows:

FOR: 1,398,577

AGAINST: 1,227,117

Cross references: (1) For order of names on a primary ballot, see § 1-4-103; for designation of candidates by party assembly, see § 1-4-601; for designation of party candidates by petition, see § 1-4-603; for conduct of primary elections, see part 2 of article 7 of this title.

(2) For the declaration of the people of Colorado in Proposition 108, see section 1 on p. 2822, Session Laws of Colorado 2017.

ANNOTATION

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

Ineligible candidate's name removed from ballot by best means available. In a contest involving the eligibility of a party designee in a primary election, where the party is found to be ineligible, is not error for a trial court to order such person's name eliminated from the ballot by the best means available, rather than requiring reprinting of the ballots, or to direct the county clerks not to certify absentee ballots already cast for the ineligible candidate. Anderson v. Kilmer, 134 Colo. 270, 302 P.2d 185 (1956).

And ordering that the name of an ineligible candidate be stricken from the ballots by blocking out, by printing, or by striking out with a colored pencil is not in violation of the provision that there shall be no other printing or distinguishing marks on the ballot except as specifically provided. Anderson v. Kilmer, 134 Colo. 270, 302 P.2d 185 (1956).