Colorado § 1-5-404 - Arrangement of names on ballots for partisan elections.

§ 1-5-404. Arrangement of names on ballots for partisan elections.

(1) In all partisan elections, the names of all candidates and joint candidates who have been duly nominated for office shall be arranged on the ballot under the designation of the office in three groups as follows:

(a) The names of the candidates of the major political parties shall be placed on the general election ballot in an order established by lot and shall comprise the first group; except that the joint candidates for president and vice president and the joint candidates for governor and lieutenant governor shall be arranged in the alphabetical order of the names of the candidates for president and governor.

(b) The names of the candidates and joint candidates of the minor political parties shall be listed in an order established by lot and shall comprise the second group; except that the joint candidates for president and vice president and the joint candidates for governor and lieutenant governor shall be arranged in the alphabetical order of the names of the candidates for president and governor.

(c) The names of the candidates and joint candidates of the remaining political organizations shall be listed in an order established by lot and shall comprise the third group; except that the joint candidates for president and vice president and the joint candidates for governor and lieutenant governor shall be arranged in the alphabetical order of the names of the candidates for president and governor.

(2) Between July 1 and July 15 of each election year, the officer in receipt of the original designation, nomination, or petition of each candidate shall inform the major political parties, each minor political party that has nominated at least one candidate, and the representative of each political organization that has filed a nominating petition for at least one candidate of the time and place of the lot-drawing for offices to appear on the general election ballot. Ballot positions shall be assigned to the major political party, minor political party, or political organization in the order in which they are drawn. The name of the candidate shall be inserted on the ballot prior to the ballot certification.

(3) Repealed.

Source: L. 92: Entire article R&RE, p. 710, § 8, effective January 1, 1993. L. 93: (1) and (3) amended, p. 1411, § 50, effective July 1. L. 98: Entire section amended, p. 258, § 11, effective April 13. L. 2012: (1)(a), (2), and (3) amended, (HB 12-1292), ch. 181, p. 682, § 21, effective May 17. L. 2019: (2) amended, (HB 19-1278), ch. 326, p. 3026, § 32, effective August 2. L. 2026: (3) repealed, (HB 26-1113), ch. 267, p. 1501, § 37, effective June 1.

Editor's note: This section is similar to former § 1-6-403 as it existed prior to 1992.

Cross references: For the short title ("Colorado Votes Act") in HB 19-1278, see section 1 of chapter 326, Session Laws of Colorado 2019.

ANNOTATION

No constitutionally cognizable classification scheme is employed by the state in applying this section. This section is facially neutral and neither excludes minority parties from the ballot nor prevents them from attaining major political party status. Libertarian Party of Colo. v. Buckley, 938 F. Supp. 687 (D. Colo. 1996).

Subsection (1) does not offend the equal protection clause nor infringe on individual plaintiffs' voting rights under the first amendment of the U.S. constitution. Libertarian Party of Colo. v. Buckley, 8 F. Supp. 2d 1244 (D. Colo. 1998).