[This contains the full text of the bill. Provided by the Center for Civic Renewal, in Oil City, PA.]
COLORADO 59TH GENERAL ASSEMBLY 1993-94 FIRST REGULAR SESSION
VERSION: Introduced FEBRUARY 15, 1993
VERSION-DATE: February 15, 1993
CONCERNING THE CHOICE OF VOTING FOR "NONE OF THESE CANDIDATES" INSTEAD OF A CANDIDATE FOR PUBLIC OFFICE.
Requires a ballot to include a line marked "None of these candidates" at the end of the list of candidates for each office. Allows eligible electors to vote for "None of these candidates" instead of a candidate for public office, except on the question of retention of justices or judges. Requires a new election if "None of these candidates" receives the most votes. Provides that none of the losing candidates in the first election can be candidates in the new election. Requires any sample ballot or instructions to explain that electors may not choose "None of these candidates" if the elector has voted for a candidate and there is only one seat being filled.
TEXT: Be it enacted by the General Assembly of the State of Colorado:
Section 1. Part 1 of article 1 of title 1, Colorado Revised Statutes, 1980 Repl. Vol., as amended, is amended BY THE ADDITION OF A NEW SECTION to read:
1-1-115. VOTING AGAINST ALL CANDIDATES. (l) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, IN EACH ELECTION FOR ANY STATE OFFICE, OTHER THAN RETENTION OF JUSTICES OR JUDGES, THERE SHALL BE INCLUDED ON THE BALLOT AT THE END OF THE LIST OF CANDIDATES FOR EACH OFFICE A SEPARATE LINE EQUIVALENT TO THE LINES ON WHICH THE CANDIDATES' NAMES APPEAR. THE LINE SHALL READ "NONE OF THESE CANDIDATES" AND SHALL CONTAIN A SUFFICIENT MARGIN AT THE RIGHT OF THE LINE SO AS TO GIVE EACH ELIGIBLE ELECTOR A CLEAR OPPORTUNITY TO DESIGNATE HIS OR HER CHOICE BY A CROSS MARK (X) IN THE SAME MANNER AS THE ELECTOR WOULD EXPRESS HIS OR HER CHOICE OF A CANDIDATE.
(2) ANY ELECTOR MAY VOTE FOR "NONE OF THESE CANDIDATES" AS FOR ANY CANDIDATE. IF THERE IS ONLY ONE SEAT FOR AN OFFICE BEING FILLED BY THE ELECTION AND "NONE OF THESE CANDIDATES" RECEIVES THE MOST VOTES, A NEW ELECTION SHALL BE HELD NOT LESS THAN TWENTY NOR MORE THAN THIRTY DAYS AFTER THE FIRST ELECTION RESULTS ARE CERTIFIED, BUT NONE OF THE PERSONS WHO WERE CANDIDATES IN THE FIRST ELECTION SHALL BE ELIGIBLE TO BE CANDIDATES IN THE NEW ELECTION. IF THERE IS MORE THAN ONE SEAT FOR OFFICE BEING FILLED BY THE ELECTION AND "NONE OF THESE CANDIDATES" RECEIVES ENOUGH VOTES SUCH THAT A CANDIDATE RECEIVING THE SAME NUMBER OF VOTES WOULD HAVE BEEN ELECTED, A NEW ELECTION SHALL BE HELD TO FILL THAT ONE SEAT. THE NEW ELECTION SHALL BE HELD NOT LESS THAN TWENTY DAYS NOR MORE THAN THIRTY DAYS AFTER THE FIRST ELECTION RESULTS ARE CERTIFIED, BUT NONE OF THE UNSUCCESSFUL CANDIDATES IN THE FIRST ELECTION SHALL BE ELIGIBLE TO BE CANDIDATES IN THE NEW ELECTION.
(3) EVERY SAMPLE BALLOT OR OTHER INSTRUCTION TO ELECTORS PRESCRIBED OR APPROVED BY THE SECRETARY OF STATE SHALL CLEARLY EXPLAIN THAT THE ELECTOR MAY MARK A CHOICE OF THE LINE "NONE OF THESE CANDIDATES" ONLY IF THE ELECTOR HAS NOT VOTED FOR ANY CANDIDATE FOR THE OFFICE, IF THERE IS ONLY ONE SEAT BEING FILLED.
SECTION 2. Effective date. This act shall take effect July 1, 1993.
SECTION 3. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.
BY SENATOR Bishop; also REPRESENTATIVE Foster.