Senate Bill 02-164

Bill Summary
(Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.)

I. SECTION 1-1-104 (39), (40), and (42), Colorado Revised Statutes, are amended to read:
II. 1-1-104. Definitions. As used in this code, unless the context otherwise requires:
III. (39) "Regular biennial school election" means:
IV. (a) BEFORE THE EFFECTIVE DATE OF THIS SUBSECTION (39), AS AMENDED, the election held on the first Tuesday in November of each odd-numbered year;
V. (b) ON AND AFTER THE EFFECTIVE DATE OF THIS SUBSECTION (39), AS AMENDED, THE ELECTION HELD CONCURRENTLY WITH THE STATE GENERAL ELECTION IN EVERY EVEN-NUMBERED YEAR.
VI. (40) "Regular drainage ditch election" means:
VII. (a) BEFORE THE EFFECTIVE DATE OF THIS SUBSECTION (40), AS AMENDED, the election held on the first Tuesday after the first Monday in January of each alternate year;
VIII. (b) ON AND AFTER THE EFFECTIVE DATE OF THIS SUBSECTION (40), AS AMENDED, THE ELECTION HELD CONCURRENTLY WITH THE STATE GENERAL ELECTION IN EVERY EVEN-NUMBERED YEAR.
IX. (42) "Regular special district election" means:
X. (a) BEFORE THE EFFECTIVE DATE OF THIS SUBSECTION (42), AS AMENDED, the election on the Tuesday succeeding the first Monday of May in every even-numbered year, held for the purpose of electing members to the board of special districts and for submission of ballot issues, if any;
XI. (b) ON AND AFTER THE EFFECTIVE DATE OF THIS SUBSECTION (42), AS AMENDED, THE ELECTION HELD CONCURRENTLY WITH THE STATE GENERAL ELECTION IN EVERY EVEN-NUMBERED YEAR FOR THE PURPOSE OF ELECTING MEMBERS TO THE BOARD OF SPECIAL DISTRICTS AND FOR SUBMISSION OF BALLOT ISSUES, IF ANY.
XII. SECTION 1-1-201, Colorado Revised Statutes, is amended to read:
XIII. 1-1-201. Commencement of terms - state, congressional district, county, and municipal officers - school directors. The regular terms of office of all state, congressional district, and county, AND MUNICIPAL officers, AND ALL SCHOOL DISTRICT AND SPECIAL DISTRICT DIRECTORS shall commence on the second Tuesday of January next after their election, except as otherwise provided by law.
XIV. SECTION 1-4-101 (3), Colorado Revised Statutes, is amended to read:
XV. 1-4-101. Primary election nominations made. (3) All nominations by major political parties for candidates for United States senator, representative in congress, all elective state, district, and county, AND MUNICIPAL officers, SCHOOL DISTRICT AND SPECIAL DISTRICT DIRECTORS, and members of the general assembly shall be made by primary elections; except that, for general elections occurring after January 1, 2001, nominations by major political parties for candidates for lieutenant governor shall not be made by primary elections and shall be made pursuant to section 1-4-502 (3). Neither the secretary of state nor any county clerk and recorder shall place on the official general election ballot the name of any person as a candidate of any major political party who has not been nominated in accordance with the provisions of this article, or who has not been affiliated with the major political party for at least twelve months unless otherwise provided by law, or who does not meet residency requirements for the office, if any. The information found on the voter registration record of the county of current or previous residence of the person seeking to be placed on the ballot is admissible as prima facie evidence of compliance with this article.
XVI. SECTION 1-4-204, Colorado Revised Statutes, is amended to read:
XVII. 1-4-204. State and district officers. At the general election in 1982 and every fourth year thereafter, the following state officers shall be elected: One governor, one lieutenant governor, one secretary of state, one state treasurer, and one attorney general. The lieutenant governor shall be elected jointly with the governor. At every general election, the number of members of the state house of representatives to which each representative district is entitled shall be elected in that district. Candidates for the offices of regents of the university of Colorado, state senators, members of the state board of education, MUNICIPAL OFFICERS, SCHOOL DISTRICT DIRECTORS, SPECIAL DISTRICT DIRECTORS, and district attorneys shall be voted on at the general election immediately prior to the expiration of the regular terms for those offices.
XVIII. SECTION 1-4-502 (1), Colorado Revised Statutes, is amended to read:
XIX. 1-4-502. Methods of nomination for partisan candidates. (1) Except as otherwise provided in paragraphs (b) and (c) of subsection (3) of this section, nominations for United States senator, representative in congress, governor, lieutenant governor, secretary of state, state treasurer, attorney general, member of the state board of education, regent of the university of Colorado, member of the general assembly, district attorney, SCHOOL DISTRICT DIRECTOR, SPECIAL DISTRICT DIRECTOR, and all MUNICIPAL AND county officers to be elected at the general election may be made by primary election by major political parties, by petition for nomination of an unaffiliated candidate as provided in section 1-4-802, or by a minor political party as provided in section 1-4-1304 (2).
XX. SECTION 1-4-801 (2) (a), Colorado Revised Statutes, is amended to read:
XXI. 1-4-801. Designation of party candidates by petition. (2) The signature requirements for the petition are as follows:
XXII. (a) (I) Every petition in the case of a candidate for any county office shall be signed by electors eligible to vote within the county commissioner district or political subdivision for which the officer is to be elected. The petition shall require signers equal in number to twenty percent of the votes cast in the political subdivision at the contested or uncontested primary election for the political party's candidate for the office for which the petition is being circulated or, if there was no primary election, at the last preceding general election for which there was a candidate for the office.
XXIII. (II) EVERY PETITION IN THE CASE OF A CANDIDATE FOR MUNICIPAL OFFICE SHALL BE SIGNED BY ELECTORS ELIGIBLE TO VOTE WITHIN THE MUNICIPALITY AND SHALL BE SUBJECT TO THE REQUIREMENTS OF SECTION 1-4-904 (2). MUNICIPAL OFFICERS SHALL BE ELECTED AS FOLLOWS:
XXIV. (A) FOR A CANDIDATE IN A CITY, THE PETITION SHALL REQUIRE SIGNATURES FROM AT LEAST TWENTY-FIVE REGISTERED ELECTORS RESIDING WITHIN THE CITY;
XXV. (B) FOR A CANDIDATE FROM A WARD WITHIN A CITY, THE PETITION SHALL REQUIRE SIGNATURES FROM AT LEAST TWENTY-FIVE REGISTERED ELECTORS RESIDING IN THE CANDIDATE'S WARD;
XXVI. (C) FOR A CANDIDATE IN A TOWN, THE PETITION SHALL REQUIRE SIGNATURES FROM AT LEAST TEN REGISTERED ELECTORS RESIDING WITHIN THE TOWN; AND
XXVII. (D) FOR A CANDIDATE FROM A WARD WITHIN A TOWN, THE PETITION SHALL REQUIRE SIGNATURES FROM AT LEAST TEN REGISTERED ELECTORS RESIDING IN THE CANDIDATE'S WARD.
XXVIII. (III) EVERY PETITION IN THE CASE OF A CANDIDATE FOR SPECIAL DISTRICT OFFICE SHALL BE SIGNED BY ELECTORS ELIGIBLE TO VOTE WITHIN THE SPECIAL DISTRICT AND SHALL BE SUBJECT TO THE REQUIREMENTS OF SECTION 1-4-904 (2). SPECIAL DISTRICT OFFICERS SHALL BE ELECTED AS FOLLOWS:
XXIX. (A) FOR SPECIAL DISTRICT OFFICERS TO BE ELECTED AT THE 2004 GENERAL ELECTION, THE PETITION SHALL REQUIRE SIGNERS EQUAL IN NUMBER TO TEN PERCENT OF THE VOTES CAST IN THE SPECIAL DISTRICT FOR THE CANDIDATE THAT RECEIVED THE HIGHEST NUMBER OF VOTES CAST FOR THE SPECIAL DISTRICT OFFICER AT THE MOST RECENT REGULAR BIENNIAL SPECIAL DISTRICT ELECTION.
XXX. (B) FOR SPECIAL DISTRICT OFFICERS TO BE ELECTED AT THE 2006 GENERAL ELECTION, THE PETITION SHALL REQUIRE SIGNERS EQUAL IN NUMBER TO TEN PERCENT OF THE VOTES CAST IN THE SPECIAL DISTRICT FOR THE CANDIDATE THAT RECEIVED THE HIGHEST NUMBER OF VOTES CAST FOR THE SPECIAL DISTRICT OFFICER AT THE MOST RECENT PRIMARY ELECTION.
XXXI. (IV) EVERY PETITION IN THE CASE OF A CANDIDATE FOR SCHOOL DIRECTOR SHALL BE SIGNED BY ELECTORS ELIGIBLE TO VOTE WITHIN THE SCHOOL DISTRICT AND SHALL BE SUBJECT TO THE REQUIREMENTS OF SECTION 1-4-904 (2). DIRECTORS SHALL BE ELECTED AS FOLLOWS:
XXXII. (A) FOR A CANDIDATE IN A SCHOOL DISTRICT IN WHICH FEWER THAN ONE THOUSAND STUDENTS ARE ENROLLED, THE PETITION SHALL REQUIRE SIGNATURES FROM AT LEAST TWENTY-FIVE ELIGIBLE ELECTORS FROM THROUGHOUT THE SCHOOL DISTRICT, REGARDLESS OF THE SCHOOL DISTRICT'S PLAN OF REPRESENTATION; AND
XXXIII. (B) FOR A CANDIDATE IN A SCHOOL DISTRICT IN WHICH ONE THOUSAND STUDENTS OR MORE ARE ENROLLED, THE PETITION SHALL REQUIRE SIGNATURES FROM AT LEAST FIFTY ELIGIBLE ELECTORS FROM THROUGHOUT THE SCHOOL DISTRICT, REGARDLESS OF THE SCHOOL DISTRICT'S PLAN OF REPRESENTATION.
XXXIV. SECTION The introductory portion to 1-4-802 (1) (c), Colorado Revised Statutes, is amended, and the said 1-4-802 (1) (c) is further amended BY THE ADDITION OF THE FOLLOWING NEW SUBPARAGRAPHS, to read:
XXXV. 1-4-802. Petitions for nominating unaffiliated candidates for a partisan office. (1) Candidates for partisan public offices to be filled at a general or congressional vacancy election who do not wish to affiliate with a political party may be nominated, other than by a primary election or a convention, in the following manner:
XXXVI. (c) Every petition for the office of president and vice president, for statewide office, for congressional district office, for the office of member of the general assembly, for district attorney, and for county office, FOR MUNICIPAL OFFICE, AND FOR SCHOOL DISTRICT AND SPECIAL DISTRICT DIRECTOR shall be signed by eligible electors residing within the district, or political subdivision, OR DIRECTOR DISTRICT in which the officer is to be elected. The number of signatures of eligible electors on a petition shall be as follows:
XXXVII. (VIII) (A) FOR A CANDIDATE FOR SCHOOL DIRECTOR IN A SCHOOL DISTRICT IN WHICH FEWER THAN ONE THOUSAND STUDENTS ARE ENROLLED, THE PETITION SHALL BE SIGNED BY AT LEAST TWENTY-FIVE ELIGIBLE ELECTORS FROM THROUGHOUT THE SCHOOL DISTRICT, REGARDLESS OF THE SCHOOL DISTRICT'S PLAN OF REPRESENTATION; AND
XXXVIII. (B) FOR A CANDIDATE FOR SCHOOL DIRECTOR IN A SCHOOL DISTRICT IN WHICH ONE THOUSAND STUDENTS OR MORE ARE ENROLLED, THE PETITION SHALL BE SIGNED BY AT LEAST FIFTY ELIGIBLE ELECTORS FROM THROUGHOUT THE SCHOOL DISTRICT, REGARDLESS OF THE SCHOOL DISTRICT'S PLAN OF REPRESENTATION.
XXXIX. (IX) (A) FOR A CANDIDATE IN A CITY, AT LEAST TWENTY-FIVE REGISTERED ELECTORS RESIDING WITHIN THE CITY;
XL. (B) FOR A CANDIDATE FROM A WARD WITHIN A CITY, AT LEAST TWENTY-FIVE REGISTERED ELECTORS RESIDING IN THE CANDIDATE'S WARD;
XLI. (C) FOR A CANDIDATE IN A TOWN, AT LEAST TEN REGISTERED ELECTORS RESIDING WITHIN THE TOWN; AND
XLII. (D) FOR A CANDIDATE FROM A WARD WITHIN A TOWN, AT LEAST TEN REGISTERED ELECTORS RESIDING IN THE CANDIDATE'S WARD.
XLIII. SECTION Repeal. 1-4-803, Colorado Revised Statutes, is repealed as follows:
XLIV. 1-4-803. Petitions for nominating school district directors. (1) Any person who desires to be a candidate for the office of school director in a school district in which fewer than one thousand students are enrolled shall file a nomination petition signed by at least twenty-five eligible electors from throughout the school district, regardless of the school district's plan of representation. Any person who desires to be a candidate for the office of school director in a school district in which one thousand students or more are enrolled shall file a nomination petition signed by at least fifty eligible electors from throughout the school district, regardless of the school district's plan of representation. An eligible elector may sign as many petitions as candidates for whom that elector may vote.
XLV. (2) The nomination petition must be filed no later than sixty-seven days before the election date.
XLVI. (3) If a school district has an at-large method of representation and if terms of different lengths are to be filled at a district election, candidates must designate on the nomination petition the term for which they are running.
XLVII. (4) A candidate for the office of school director shall not run as a candidate of any political party for that school directorship.
XLVIII. (5) The candidate for the office of school director shall have been an eligible elector and resident of the school district, as shown on the books of the county clerk and recorder, for at least twelve consecutive months prior to the date of the election.
XLIX. SECTION Repeal. 1-4-805, Colorado Revised Statutes, is repealed as follows:
L. 1-4-805. Petitions for nominating municipal candidates in coordinated elections. Any person who desires to be a candidate for a municipal office in a coordinated or mail ballot election shall, in lieu of the requirements of this article, comply with the nominating petition procedure set forth in the "Colorado Municipal Election Code of 1965", article 10 of title 31, C.R.S.; except that part 11 of this article, concerning write-in candidate affidavits, shall apply in such municipal elections, and any nominating petition may be circulated and signed beginning on the ninety-first day prior to the election and shall be filed with the municipal clerk no later than the seventy-first day prior to the date of the election. The petition may be amended to correct or replace signatures that the clerk finds are not in apparent conformity with the requirements of the municipal election code at any time before the sixty-seventh day before the election.
LI. SECTION 1-6-105 (1) and (1.5), Colorado Revised Statutes, are amended to read:
LII. 1-6-105. Appointment of election judges for elections not coordinated by the county clerk and recorder. (1) Except as provided for special district elections in subsection (1.5) of this section, No later than forty-five days before the regular election, the governing body with authority to call elections shall appoint election judges for the political subdivision. The term of office of election judges shall be two years from the date of appointment.
LIII. (1.5) No later than forty-five days before a regular special district election, the designated election official shall appoint election judges for the special district unless otherwise directed by the board of directors of such district.
LIV. SECTION 1-11-212, Colorado Revised Statutes, is amended to read:
LV. 1-11-212. Contests for county, certain partisan officers, and nonpartisan officers - ballot issues and ballot questions. Contested election cases of county OFFICERS, PARTISAN OFFICERS NOT OTHERWISE PROVIDED FOR IN THIS PART 2 OR BY LAW, and nonpartisan officers, and ballot issues and ballot questions shall be tried and decided by the district court for the county in which the contest arises. If a political subdivision is located in more than one county, the district court of either county may take jurisdiction.
LVI. SECTION 1-11-218, Colorado Revised Statutes, is amended to read:
LVII. 1-11-218. Violations by the governing body. If the results of any county, PARTISAN, or nonpartisan election are disallowed as the result of a proceeding held pursuant to sections 1-11-211 and 1-11-212, the elector who instituted the proceedings may commence a civil action to recover costs and reasonable attorney fees from the governing body.
LVIII. SECTION 1-12-105, Colorado Revised Statutes, is amended to read:
LIX. 1-12-105. Signatures required for school district officers. A petition to recall a school district officer shall be signed by eligible electors of the school district equal in number to at least forty percent of those electors who voted in such district in the last preceding election at which the director to be recalled was elected as indicated by the pollbook or abstract for such election. If no such election was held, such petition shall be signed by eligible electors of the school district equal in number to at least ten percent of those electors residing within the school district on the date that the form of the petition is approved under section 1-12-108 (4). In no case shall the number required for recall be less than ten percent of eligible electors OF THE SCHOOL DISTRICT qualified to vote in the most recent biennial school GENERAL election; except that no more than fifteen thousand signatures shall be required.
LX. SECTION 1-12-106, Colorado Revised Statutes, is amended to read:
LXI. 1-12-106. Signatures required for certain partisan and nonpartisan officers. A petition to recall any other PARTISAN OFFICER NOT SPECIFIED IN SECTION 1-12-104 OR FOR WHICH NO PROCEDURE IS PROVIDED BY LAW OR nonpartisan officer shall be signed by three hundred eligible electors of the political subdivision who are entitled to vote for a successor to the incumbent sought to be recalled or forty percent of the eligible electors of the political subdivision at the time the form of the petition is approved under section 1-12-108 (4), whichever number is less.
LXII. SECTION 22-30-122 (1) (a), (1) (b), and (2), Colorado Revised Statutes, are amended to read:
LXIII. 22-30-122. Election of school directors in new school districts. (1) When a new school district is formed under the provisions of this part 1, the chair of the committee shall call for a special election in such new school district for the selection of a board of education for the school district, to be held on the day specified in the final approved plan of organization. At such election, five or seven school directors, the number having been established in the final approved plan of organization pursuant to the provisions of section 22-30-114 (1) (h), shall be elected for four-year terms as follows:
LXIV. (a) When five school directors are to be elected at such election, two school directors shall be elected to serve until the next regular biennial school GENERAL election and three school directors shall be elected to serve until the second regular biennial school GENERAL election. As the term of office of each school director expires, a successor shall be elected for a four-year term of office.
LXV. (b) When seven directors are to be elected at such election, three school directors shall be elected to serve until the next regular biennial school GENERAL election and four school directors shall be elected to serve until the second regular biennial school GENERAL election. As the term of office of each school director expires, a successor shall be elected for a four-year term of office.
LXVI. (2) Within ten days after the first election of members of the board of education, the members so elected for such new school district shall meet and shall elect officers as provided by law and thereupon enter upon and perform all the duties and exercise all the powers of a board of education. Such officers shall be selected to serve until the next regular biennial school GENERAL election.
LXVII. SECTION 22-30.5-205 (1) (a), Colorado Revised Statutes, is amended to read:
LXVIII. 22-30.5-205. Charter school district application - requirements - repeal. (1) (a) Before a local board of education applies for a charter to the state board, such board shall submit the issue of whether to operate the school district as a charter school district to the eligible electors of the school district at any regular biennial school GENERAL election or at a special election called for said purpose. Any election called pursuant to this subsection (1) shall be conducted pursuant to articles 1 to 13 of title 1, C.R.S. The local board of education shall name a designated election official who shall be responsible for calling and conducting the special election.
LXIX. SECTION 22-31-101 (5) and (7), Colorado Revised Statutes, are amended to read:
LXX. 22-31-101. Definitions. As used in this article, unless the context otherwise requires:
LXXI. (5) "Regular biennial school election" means the election in a school district held at the time specified in section 22-31-104.
LXXII. (7) "Special school election" means any school election provided for by law and held at a time other than AT the regular biennial school GENERAL election.
LXXIII. SECTION 22-31-103, Colorado Revised Statutes, is amended to read:
LXXIV. 22-31-103. Duties of board of education and county clerk and recorder in conducting school elections. (1) A REGULAR SCHOOL ELECTION CONDUCTED AS PART OF A GENERAL ELECTION SHALL BE CONDUCTED BY THE COUNTY CLERK AND RECORDER IN CONFORMITY WITH THE REQUIREMENTS OF SECTION 1-7-116, C.R.S. Except as otherwise provided in this article, the board of education of each school district shall govern the conduct of all SPECIAL school elections in the district, shall designate an election official who shall be responsible for conducting the SPECIAL SCHOOL election, and shall render all interpretations and make all initial decisions as to controversies or other matters arising in the conduct of such SPECIAL SCHOOL elections. THE BOARD OF EDUCATION OF ANY SCHOOL DISTRICT MAY CONTRACT WITH THE COUNTY CLERK AND RECORDER FOR THE ADMINISTRATION OF ANY OF THE DUTIES OF THE BOARD, ITS SECRETARY, OR THE DESIGNATED ELECTION OFFICIAL RELATING TO THE CONDUCT OF ANY SPECIAL SCHOOL ELECTION. All elections authorized in this article shall be conducted pursuant to the provisions of articles 1 to 13 of title 1, C.R.S.
LXXV. (2) The board of education of any school district may contract with the county clerk and recorder for the administration of any of the duties of the board, its secretary, or the designated election official relating to the conduct of any school election. The election shall be conducted by the county clerk and recorder if the county clerk and recorder is conducting a coordinated election pursuant to section 1-7-116, C.R.S.
LXXVI. SECTION 22-31-104 (1), (2) (a), (2) (b) (I), and (3), Colorado Revised Statutes, are amended to read:
LXXVII. 22-31-104. Regular school election. (1) Except as provided in section 22-31-131, pertaining to districts whose boundaries are coterminous with a city and county, The regular biennial school election in each school district shall be held AS PART OF THE GENERAL ELECTION ON the first Tuesday FOLLOWING THE FIRST MONDAY in November of each odd-numbered EVEN-NUMBERED year.
LXXVIII. (2) (a) In order to implement the change in the date for holding regular biennial school elections, the following provisions shall apply:
LXXIX. (I) Any school district director elected at the regular biennial election held in May of 1991 whose term would otherwise expire in May of 1995 shall serve for a term of four years and six months and shall serve until such director is succeeded by a director elected at the regular biennial school election held in November of 1995.
LXXX. (II) Any school district director elected at the regular biennial election held in May of 1991 and whose term would otherwise expire in May of 1997 shall serve for a term of six years and six months and shall serve until such director is succeeded by a director elected at the regular biennial school election held in November of 1997.
LXXXI. (III) Any school district director whose term expires in May of 1993 NOVEMBER OF 2003 shall be succeeded by a director appointed in accordance with the provisions of paragraph (b) of this subsection (2) who shall serve until such appointed director is succeeded by a director elected at the regular biennial school GENERAL election held in November of 1993 NOVEMBER OF 2004.
LXXXII. (IV) Any school district director whose term expires in May of 1995 NOVEMBER OF 2005 shall be succeeded by a director appointed in accordance with the provisions of paragraph (b) of this subsection (2) who shall serve until such appointed director is succeeded by a director elected at the regular biennial school GENERAL election held in November of 1995 NOVEMBER OF 2006.
LXXXIII. (b) (I) The appointment of school district directors for six-month terms as provided in paragraph (a) of this subsection (2) shall be made by the board of education of the school district; except that no school district director whose term is expiring and who is seeking appointment to a six-month term shall participate in proceedings conducted by the board concerning the position held by that director pursuant to the provisions of this paragraph (b). A director whose term is expiring may notify the board in the time and manner prescribed by the board of such director's intention to be considered for the appointment. If the director whose term is expiring notifies the board and is otherwise qualified under this article, the board may appoint such director. If the board is not notified within the time provided that the director whose term is expiring intends to seek the appointment or such director is not appointed to the six-month term, the secretary of the board of education shall cause notice of the appointment to be published for no less than two consecutive weeks in some newspaper having general circulation in the school district, the first publication of such notice to be made not less than thirty days before the expiration of the term of office of the director in May of 1993 NOVEMBER OF 2003 or May of 1995 NOVEMBER OF 2005, whichever is applicable. Any person who meets the qualifications otherwise required by this article for the election of directors and who desires to be considered for the appointment shall file a written notice of such intention with the secretary of the board of education within the time and in the manner prescribed by the board. The board shall consider all applicants and shall make the appointment no later than ten days following the expiration of the term of office of the director in May of 1993 NOVEMBER OF 2003 or May of 1995 NOVEMBER OF 2005, whichever is applicable. In the event that the number of qualified applicants is less than the number of appointments to be made, the board may appoint any qualified person to any position for which there is no qualified applicant.
LXXXIV. (3) Beginning with the regular biennial school election held in November of 1993, school district directors elected shall serve until their successors are elected and qualified. In order for the directors to take office within such time period, the county clerk and recorder shall complete the survey of votes no later than seven days following the election. The director shall take office upon completion of the survey of votes but no later than fifteen days following the survey.
LXXXV. SECTION 22-31-105 (1), (3) (a), (3) (b), (3) (d), (3) (e), (4), (5), (6) (a), (6) (b), (6) (e), (6) (f), and (7) (b), Colorado Revised Statutes, are amended to read:
LXXXVI. 22-31-105. School directors - number - election - term - plan of representation. (1) (a) Except as otherwise provided in paragraph (b) of this subsection (1), in each school district, regardless of when the school district was organized, five, six, or seven school directors shall be elected, the number having been established as required by law. The school directors shall be elected at regular biennial school elections; EXCEPT THAT, ON OR AFTER JANUARY 1, 2003, THE SCHOOL DIRECTORS SHALL BE ELECTED AT GENERAL ELECTIONS, each for a term of four years and until a successor has been elected and qualified; except that any school district that elects directors for terms of six years as of July 1, 1999, may continue electing directors for terms of six years until such time as the term length may be changed as provided in subsection (3) of this section.
LXXXVII. (b) In each school district coterminous with a city and county, there shall be elected a seven-member board of education with one eligible elector elected from each of five director districts and two eligible electors elected from the district at large. School directors shall be elected at the respective regular biennial school elections; EXCEPT THAT, ON OR AFTER JANUARY 1, 2003, THE SCHOOL DIRECTORS SHALL BE ELECTED AT GENERAL ELECTIONS, each for a term of four years and until a successor has been elected and qualified. Elections shall be held in accordance with the procedures established in section 22-31-131.
LXXXVIII. (3) (a) The board of education of any school district in which the directors serve six-year terms may, by resolution passed by a majority of the whole board, submit to the eligible electors of the school district, at the next regular biennial school GENERAL election, a proposal to change the terms of office of the directors of the district from six years to four years. The proposed plan shall be adopted by resolution of the board at least one hundred ten days prior to the election.
LXXXIX. (b) Upon receipt of a written petition that meets the requirements specified in this paragraph (b), the board of education of any school district in which the directors serve six-year terms shall submit to the eligible electors of the school district, at the next regular biennial school
XC. GENERAL election, a proposal to change the terms of office of the directors of the district from six years to four years. The petition shall be signed by at least five percent of the eligible electors of the district, and the proposed plan, specifying terms of office and establishing the procedure for making the transitions, shall be attached thereto. The petition, together with the proposed plan, shall be submitted to the secretary of the board of education at least one hundred ten days prior to the election.
XCI. (d) The secretary of the board of education shall cause notice to be given pursuant to section 1-5-205, C.R.S., that at the next biennial GENERAL election for school directors a plan revising the terms of office of school directors will be submitted to the eligible electors of the district. The notice shall state that the plan is on file in the administration offices of the school district for public inspection during reasonable business hours; and the notice may be combined with the notice otherwise required for the election of school directors at the regular biennial school GENERAL election.
XCII. (e) The ballot shall contain the words "For a four-year term of office for school directors" and "Against a four-year term of office for school directors". Otherwise, the ballots and election procedures shall be the same as prescribed for the regular biennial school GENERAL election.
XCIII. (4) (a) The board of education of a school district may, by resolution passed by a majority of the whole board, submit to the eligible electors of the school district, at the next regular biennial school GENERAL election, a proposal to change the number of directors; except that the school district shall not elect fewer than five nor more than seven directors. The proposal shall be adopted by resolution of the board at least one hundred ten days prior to the election. As provided in subsection (7) of this section, the board of education may simultaneously adopt a resolution to submit a proposal to change the school district plan of representation; except that, if the existing school directors are elected pursuant to a director district plan of representation, the board of education shall simultaneously adopt a resolution to submit a proposal to either change the boundaries of the director districts to reflect the change in the number of directors or change the school district plan of representation to adopt an at-large plan of representation or a combined director district and at-large plan of representation.
XCIV. (b) Upon receipt of a written petition that meets the requirements specified in this paragraph (b), the board of education of a school district shall submit to the eligible electors of the school district, at the next regular biennial school GENERAL election, a proposal to change the number of directors; except that the school district shall not elect fewer than five nor more than seven directors. As provided in subsection (7) of this section, the persons submitting the petition may simultaneously submit a petition to change the school district plan of representation. If the existing school directors are elected pursuant to a director district plan of representation and no change to the school district plan of representation is submitted by petition, the board of education shall adopt a resolution to submit a proposal to either change the boundaries of the director districts to reflect the change in the number of directors or change the school district plan of representation to adopt an at-large plan of representation or a combined director district and at-large plan of representation. Any petition submitted pursuant to this paragraph (b) shall be signed by at least five percent of the eligible electors of the district and shall be submitted to the secretary of the board of education at least one hundred ten days prior to the election.
XCV. (c) The secretary of the board of education COUNTY CLERK AND RECORDER OF ANY COUNTY THAT CONTAINS ALL OR PART OF A SCHOOL DISTRICT IN WHICH A PROPOSAL TO INCREASE THE NUMBER OF DIRECTORS FROM FIVE TO SEVEN IS TO BE SUBMITTED TO THE ELIGIBLE ELECTORS OF SUCH DISTRICT shall cause notice to be given pursuant to section 1-5-205, C.R.S., that at the next regular biennial GENERAL election for school directors a proposal to change the number of directors and the school district plan of representation, if submitted or adopted pursuant to paragraph (a) or (b) of this subsection (4), will be submitted to the eligible electors of the district.
XCVI. (d) The ballot shall contain the words "For changing the number of school directors from ___ to ____ (and for the proposed change to the director district plan of representation)" and "Against changing the number of school directors from ___ to ____ (and against the proposed change to the director district plan of representation)". Otherwise the ballots and election procedures shall be the same as prescribed for the regular biennial school GENERAL election.
XCVII. (e) If a majority of the votes cast on the question are "For changing the number of school directors from ___ to ____ (and for the proposed change to the director district plan of representation)", the plan shall become effective for the election of school directors at subsequent regular biennial school GENERAL elections. If a majority of the votes cast are "Against changing the number of school directors from ___ to ____ (and against the proposed change to the director district plan of representation)", there shall continue to be the same number of school directors operating under the same plan of representation in such district as existed prior to the election.
XCVIII. (5) (a) In any school district in which the terms of office of the directors expire on a schedule that does not create as close to the same number of offices to be filled at each regular biennial school GENERAL election as possible, the board of education may, by resolution passed by a majority of all members of the board of education, extend or reduce for two years one or more terms of directors to be elected at the next regular biennial school GENERAL election as necessary to achieve thereafter as close to the same number of offices to be filled at each regular biennial school GENERAL election as possible. The extension or reduction of terms of office shall occur only once; thereafter, all terms of the members of the board of directors shall be equal.
XCIX. (b) In determining which term or terms to extend or reduce, the board of education shall select, first, the term or terms for which an early election is scheduled at the next regular biennial school GENERAL election due to the occurrence of a vacancy in the office of school director and, second, the term or terms regularly expiring at the next succeeding regular biennial school GENERAL election. In the event it is necessary for the board of education to select between two or more terms of equal priority for extension or reduction under this subsection (5), the determination shall be by lot.
C. (c) The resolution extending or reducing the terms of office shall be adopted not less than one hundred ten days prior to the next regular biennial school GENERAL election. A candidate shall run for and, if elected, shall serve the term as is appropriate for the director district in which the candidate resides; however, if the school district has an at-large plan of representation or a combined director district and at-large plan of representation, each candidate shall run for and, if elected, shall serve for the designated term. as provided for in section 1-4-803 (3), C.R.S.
CI. (6) (a) The board of education of any school district that desires to propose a change in its plan of representation may submit a plan to implement such change to the eligible electors of the school district at any regular biennial school GENERAL election or at a special school election called by the board for that purpose. A change in the plan of representation may consist of the adoption of a director district plan of representation, the elimination of a director district plan of representation and replacement with an at-large plan of representation, or the adoption of a plan of representation that combines director districts with an at-large plan of representation. The plan shall be adopted by the board of education at least one hundred ten days prior to the election.
CII. (b) The eligible electors of any school district who desire to propose the adoption of any change to the school district plan of representation specified in paragraph (a) of this subsection (6) may petition the board of education of the school district to submit a plan to implement the change to the eligible electors of the district at any regular biennial school GENERAL election. The petition shall be signed by at least five percent of the eligible electors of the school district, and the proposed plan of representation shall be attached thereto. The petition, together with the proposed plan, shall be submitted to the secretary of the board of education of the school district at least one hundred ten days prior to the election. If the plan meets statutory requirements, the board of education shall submit the plan to the eligible electors of the school district at the next regular biennial school GENERAL election.
CIII. (e) The ballot shall contain the words "For the proposed director district plan of representation" and "Against the proposed director district plan of representation", or "For the proposed at-large plan of representation" and "Against the proposed at-large plan of representation", or "For the proposed combined director district and at-large plan of representation" and "Against the proposed combined director district and at-large plan of representation", as the case may be. Otherwise, the ballots and election procedures shall be, as nearly as practicable, as prescribed for a regular biennial school GENERAL election.
CIV. (f) If a majority of the votes cast at the election are for the proposed plan of representation, the plan shall become effective upon the survey of election returns; but no plan of representation shall terminate the office of any school director elected at or prior to the election at which the plan is submitted. The plan shall be effective after the election for subsequent vacancies and the election of school directors at any subsequent regular biennial school GENERAL election. In the event that, as a result of the adoption of a plan of representation, two or more members of the board of education reside in the same new director district and the office of any one of the members thereafter becomes vacant, the vacancy shall be filled by the appointment of an eligible elector residing in a director district that does not then have a representative on the board of education. If the majority of the votes cast at the election are against the proposed plan of representation, the school directors of the district shall continue to be elected or appointed as provided under the existing plan of representation, except as otherwise provided in section 22-31-110.
CV. (7) (b) Any plan to change the number of director districts adopted pursuant to this section shall provide, if necessary, that the term of office of one or more directors to be elected at a subsequent regular biennial school GENERAL election may be less than otherwise prescribed by law, in order to preserve the election of approximately the same number of directors at each regular biennial school GENERAL election.
CVI. SECTION 22-31-106 (1), Colorado Revised Statutes, is amended to read:
CVII. 22-31-106. Persons entitled to vote at general elections and special school elections - registration required. (1) No person shall be permitted to vote at any regular biennial school GENERAL election or special school election without first having been registered in the manner required by the provisions of article 2 of title 1, C.R.S.
CVIII. SECTION Repeal. 22-31-107 (2), Colorado Revised Statutes, is repealed as follows:
CIX. 22-31-107. Qualification and nomination of candidates for school director. (2) Any person who desires to be a candidate for the office of school director shall file a written notice of intention with the secretary of the board of education of the school district in which the person resides prior to sixty-six days before the election date, together with a nomination petition according to the provisions of section 1-4-803 and part 9 of article 4 of title 1, C.R.S.
CX. SECTION 22-31-110 (2), Colorado Revised Statutes, is amended to read:
CXI. 22-31-110. Changes in director districts. (2) The revision of director district boundaries and redesignation of the director districts shall become effective immediately upon adoption of the resolution by the board of education, but the revision and redesignation shall not operate to terminate the office of any school director holding office at the time of adoption of the resolution. The revision and redesignation shall be, thereafter, effective for filling of vacancies and the election of any school directors at any subsequent regular biennial school GENERAL election. In the event that, as a result of a revision and redesignation, two or more members of the board of education reside in the same new director district, and the office of any one of the members thereafter becomes vacant, the vacancy shall be filled by the appointment of an eligible elector residing in a director district which THAT does not then have a representative on the board of education.
CXII. SECTION 22-31-129 (1) (a), (2), (3), and (4), Colorado Revised Statutes, are amended to read:
CXIII. 22-31-129. Vacancies. (1) A school director office shall be deemed to be vacant upon the occurrence of any one of the following events prior to the expiration of the term of office:
CXIV. (a) If for any reason a school director is not elected to a school director office by the eligible electors as may be required at a regular biennial school GENERAL election;
CXV. (2) At the next board of education meeting immediately following the occurrence of any condition specified in subsection (1) of this section, the board of education of the district shall adopt a resolution declaring a vacancy in the school director office, and the board of education of the school district in which the vacancy occurs shall appoint a person WHO IS AFFILIATED WITH THE SAME POLITICAL PARTY, IF ANY, AS THE LAST PERSON WHO WAS DULY ELECTED OR APPOINTED TO THE VACANT SCHOOL DIRECTOR OFFICE to fill the vacancy within sixty days after the vacancy has occurred. If the appointment is not made by the board within the sixty-day period, the president of the board shall forthwith appoint a person to fill the vacancy. The appointment shall be evidenced by an appropriate entry in the minutes of the meeting and the board shall cause a certificate of appointment to be delivered to the person so appointed. A duplicate of each certificate of appointment shall be forwarded to the department of education.
CXVI. (3) If the vacancy occurs more than ninety days prior to the next regular biennial school GENERAL election and the unexpired term is for more than two years, an appointee to the office of school director shall serve until the next regular biennial school GENERAL election when the successor for the remainder of the term is elected and has qualified. If the vacancy occurs within the ninety-day period prior to a regular biennial school GENERAL election and the unexpired term is for more than two years, an appointee to the office of school director shall serve until the next succeeding regular biennial school GENERAL election when a successor for the remainder of the term is elected and has qualified. Except as otherwise provided in this subsection (3), an appointee to the office of school director shall serve for the remainder of the unexpired term.
CXVII. (4) Whenever the filling of a vacancy, as provided in subsection (3) of this section, causes terms of different duration to be open at the time of the regular election in a school district which THAT has an at-large plan of representation or a combined director district and at-large plan of representation, candidates running at large shall designate the term for which they are running. in accordance with section 1-4-803 (3), C.R.S.
CXVIII. SECTION 22-31-131 (1) and the introductory portion to 22-31-131 (1.7) (a), Colorado Revised Statutes, are amended, and the said 22-31-131 is further amended BY THE ADDITION OF A NEW SUBSECTION, to read:
CXIX. 22-31-131. Election procedures in districts composed of a city and county. (1) The regular biennial school election in each school district coterminous with a city and county shall be held on the third Tuesday in May of each odd-numbered year, shall be conducted and supervised by the election commission of the city and county, and shall be governed by the provisions of articles 1 to 13 of title 1, C.R.S.; but, beginning in 1995, the election shall be held on the first Tuesday after the first Monday in May of each odd-numbered year, shall be conducted and supervised by the election commission of the city and county, and shall be governed by the provisions of articles 1 to 13 of title 1, C.R.S.; but, beginning in 1997, the election shall be held on the first Tuesday in November of each odd-numbered year, shall be conducted and supervised by the election commission of the city and county, and shall be governed by the provisions of articles 1 to 13 of title 1, C.R.S.; BUT, BEGINNING IN 2004, THE ELECTION SHALL BE HELD ON THE TUESDAY SUCCEEDING THE FIRST MONDAY OF NOVEMBER IN EACH EVEN-NUMBERED YEAR, SHALL BE CONDUCTED AND SUPERVISED BY THE ELECTION COMMISSION OR DESIGNATED ELECTION OFFICIAL OF THE CITY AND COUNTY, AND SHALL BE GOVERNED BY THE PROVISIONS OF ARTICLES 1 TO 13 OF TITLE 1, C.R.S.
CXX. (1.7) (a) In order to implement the THE 1994 change in the date for holding regular biennial school elections, the following provisions shall apply:
CXXI. (1.8) IN ORDER TO IMPLEMENT THE 2002 CHANGE IN THE DATE FOR HOLDING REGULAR BIENNIAL SCHOOL ELECTIONS THAT REQUIRES SUCH ELECTIONS TO BE HELD AS PART OF THE GENERAL ELECTION ON THE FIRST TUESDAY FOLLOWING THE FIRST MONDAY OF NOVEMBER OF EVEN-NUMBERED YEARS, THE FOLLOWING PROVISIONS SHALL APPLY:
CXXII. (a) ANY SCHOOL DISTRICT DIRECTOR ELECTED AT THE REGULAR BIENNIAL ELECTION HELD IN MAY OF 1999, WHOSE TERM EXPIRES IN MAY OF 2003, SHALL BE SUCCEEDED BY A DIRECTOR APPOINTED IN ACCORDANCE WITH THE PROVISIONS OF PARAGRAPH (c) OF THIS SUBSECTION (1.8) WHO SHALL SERVE UNTIL SUCH APPOINTED DIRECTOR IS SUCCEEDED BY A DIRECTOR ELECTED AT THE GENERAL ELECTION HELD IN NOVEMBER OF 2004.
CXXIII. (b) ANY SCHOOL DISTRICT DIRECTOR ELECTED AT THE REGULAR BIENNIAL ELECTION HELD IN MAY OF 2001, WHOSE TERM EXPIRES IN MAY OF 2005, SHALL BE SUCCEEDED BY A DIRECTOR APPOINTED IN ACCORDANCE WITH THE PROVISIONS OF PARAGRAPH (c) OF THIS SUBSECTION (1.8) WHO SHALL SERVE UNTIL SUCH APPOINTED DIRECTOR IS SUCCEEDED BY A DIRECTOR ELECTED AT THE GENERAL ELECTION HELD IN NOVEMBER OF 2006.
CXXIV. (c) THE APPOINTMENT OF SCHOOL DISTRICT DIRECTORS AS PROVIDED IN PARAGRAPHS (a) AND (b) OF THIS SUBSECTION (1.8) SHALL BE MADE BY THE BOARD OF EDUCATION OF THE SCHOOL DISTRICT; EXCEPT THAT NO SCHOOL DISTRICT DIRECTOR WHOSE TERM IS EXPIRING AND WHO IS SEEKING APPOINTMENT TO A TERM SHALL PARTICIPATE IN PROCEEDINGS CONDUCTED BY THE BOARD CONCERNING THE POSITION HELD BY THAT DIRECTOR PURSUANT TO THE PROVISIONS OF THIS PARAGRAPH (c). A DIRECTOR WHOSE TERM IS EXPIRING MAY NOTIFY THE BOARD IN THE TIME AND MANNER PRESCRIBED BY THE BOARD OF SUCH DIRECTOR'S INTENTION TO BE CONSIDERED FOR THE APPOINTMENT. IF THE DIRECTOR WHOSE TERM IS EXPIRING NOTIFIES THE BOARD AND IS OTHERWISE QUALIFIED UNDER THIS ARTICLE, THE BOARD MAY APPOINT SUCH DIRECTOR. IF THE BOARD IS NOT NOTIFIED WITHIN THE TIME PROVIDED THAT THE DIRECTOR WHOSE TERM IS EXPIRING INTENDS TO SEEK THE APPOINTMENT OR SUCH DIRECTOR IS NOT APPOINTED TO THE ONE-YEAR TERM, THE SECRETARY OF THE BOARD OF EDUCATION SHALL CAUSE NOTICE OF THE APPOINTMENT TO BE PUBLISHED FOR NO LESS THAN TWO CONSECUTIVE WEEKS IN A NEWSPAPER HAVING GENERAL CIRCULATION IN THE SCHOOL DISTRICT, THE FIRST PUBLICATION OF SUCH NOTICE TO BE MADE NO LESS THAN THIRTY DAYS BEFORE THE EXPIRATION OF THE TERM OF OFFICE OF THE DIRECTOR IN MAY OF 2003 OR MAY OF 2005, WHICHEVER IS APPLICABLE. ANY PERSON WHO MEETS THE QUALIFICATIONS OTHERWISE REQUIRED BY THIS ARTICLE FOR THE ELECTION OF DIRECTORS AND WHO DESIRES TO BE CONSIDERED FOR THE APPOINTMENT SHALL FILE A WRITTEN NOTICE OF SUCH INTENTION WITH THE SECRETARY OF THE BOARD OF EDUCATION WITHIN THE TIME AND IN THE MANNER PRESCRIBED BY THE BOARD. THE BOARD SHALL CONSIDER ALL APPLICANTS AND SHALL MAKE THE APPOINTMENT NO LATER THAN TEN DAYS FOLLOWING THE EXPIRATION OF THE TERM OF OFFICE OF THE DIRECTOR IN MAY OF 2003 OR MAY OF 2005, WHICHEVER IS APPLICABLE. IN THE EVENT THAT THE NUMBER OF QUALIFIED APPLICANTS IS LESS THAN THE NUMBER OF APPOINTMENTS TO BE MADE, THE BOARD MAY APPOINT ANY QUALIFIED PERSON TO ANY POSITION FOR WHICH THERE IS NO QUALIFIED APPLICANT.
CXXV. SECTION Repeal. 22-31-132, Colorado Revised Statutes, is repealed as follows:
CXXVI. 22-31-132. Article not applicable to junior colleges. This article shall not apply to junior college districts, unless the junior college board of trustees elects to participate in the regular biennial school election, as provided in section 23-71-110 (5) and (7), C.R.S.
CXXVII. SECTION 22-32-104 (1), Colorado Revised Statutes, is amended to read:
CXXVIII. 22-32-104. Organization of board of education. (1) Within fifteen days after THE SECOND TUESDAY OF JANUARY AFTER each regular biennial school district GENERAL election, the incumbent secretary of the school district shall call a special meeting of the board of education of the district for the purpose of selecting officers of the board. At the meeting the incumbent president of the board shall preside until a successor shall have been elected and qualified.
CXXIX. SECTION 22-32-127 (2), Colorado Revised Statutes, is amended to read:
CXXX. 22-32-127. Leases or installment purchases for periods exceeding one year. (2) No board of education shall enter into an installment purchase agreement of the type which THAT constitutes an indebtedness unless such agreement shall be first approved as provided in this section by a majority of the registered electors of the district voting at an election held pursuant to this section. The board of education may submit to the registered electors of the district the question of entering into such an agreement at any general election regular biennial school election, or special election called for the purpose. The secretary of the board of education shall give notice of an election to be held pursuant to this section in essentially the same manner and for the same length of time as is required by law for a notice of election of school directors. Such notice shall contain, to the extent applicable, the information required for a notice of election of school directors and in addition shall contain a statement of the maximum term of the proposed agreement, the maximum and periodic amounts of payments for which the district would be obligated, and the purpose of the agreement.
CXXXI. SECTION The introductory portion to 22-42-102 (2) (a), Colorado Revised Statutes, is amended to read:
CXXXII. 22-42-102. Bonded indebtedness - elections. (2) (a) The board of education of any school district, at any regular biennial school GENERAL election or at a special election called for the purpose, shall submit to the eligible electors of the district the question of contracting a bonded indebtedness for one or more of the following purposes:
CXXXIII. SECTION 22-43-103 (2), Colorado Revised Statutes, is amended to read:
CXXXIV. 22-43-103. Question of issuing refunding bonds. (2) If any district proposes to issue refunding bonds, on which issue the net interest cost or net effective interest rate exceeds the net interest cost or net effective interest rate of the outstanding bonds to be refunded, the board shall submit the question of issuing such refunding bonds and the maximum net interest cost and maximum net effective interest rate at which such refunding bonds may be issued at the regular biennial school GENERAL election or at a special election called for that purpose. Any such election shall be called and held as nearly as may be in the manner provided by law for elections on the question of the issuance of other school bonds of the issuing district.

CXXXV. SECTION 22-45-103 (1) (c) (II.5), Colorado Revised Statutes, is amended to read:

CXXXVI. 22-45-103. Funds. (1) The following funds are created for each school district for purposes specified in this article:

CXXXVII. (c) Capital reserve fund. (II.5) A board of education may enter into an installment purchase agreement or lease agreement with option to purchase for a period exceeding one year and not to exceed twenty years for expenditures from the fund if the agreement is first approved by a majority of the eligible electors of the district voting on the question at an election held pursuant to this subparagraph (II.5). The board of education may submit to the eligible electors of the district the question of whether to enter into such an agreement at any general election regular biennial school election, or special election called for such purpose. The secretary of the board of education shall be the designated election official and shall conduct the election pursuant to articles 1 to 13 of title 1, C.R.S. Any special election called pursuant to this subparagraph (II.5) shall be held on the first Tuesday after the first Monday in February, May, October, November, or December. The question of whether to enter into an installment agreement or lease agreement with option to purchase may be submitted or resubmitted after the same, or after any other such question, has previously been rejected at an election held pursuant to this subparagraph (II.5), but no such question shall be submitted or resubmitted at any election held less than one hundred twenty days after a previous submission of such question, and the board of education of any school district shall not submit any question of entering into such an agreement at more than two elections within any twelve-month period. The board of education of a school district may enter into an installment purchase agreement or lease agreement with option to purchase for a term not to exceed twenty years for the purposes provided for in sub-subparagraph (F) of subparagraph (I) of this paragraph (c). When authorized by the election as provided in this subparagraph (II.5), the agreement shall be valid, binding, and enforceable between the parties to the agreement. The provisions of this subparagraph (II.5) shall have no application to any installment purchase agreement or lease agreement with option to purchase, even though the term thereof may be greater than one year, if the district's obligation to make payments thereunder is expressly subject to the making of annual appropriations therefor in accordance with law. This subparagraph (II.5) shall have no application to any lease agreement with option to purchase for a period of one year or less, including lease agreements consisting of a series of one-year terms renewable at the option of the district.

CXXXVIII. SECTION 23-61.5-102, Colorado Revised Statutes, is amended to read:

CXXXIX. 23-61.5-102. Election to organize. Upon receipt of the petition provided in section 23-61.5-101, the county clerk and recorder shall give notice to the eligible electors of the respective school districts located in the area of the proposed area vocational district that at the next regular biennial school GENERAL election or at a special election which THAT may be called for the purpose, the question of organizing an area vocational district will be submitted to them.

CXL. SECTION 23-61.5-112, Colorado Revised Statutes, is amended to read:

CXLI. 23-61.5-112. Additions to district - procedure. (1) If any part of the area designated by the state board for community colleges and occupational education as an area to be served by an area vocational school desires to be annexed to an existing area vocational district, it may do so by the following procedure:

CXLII. (a) By obtaining approval of the existing area vocational district. The approval shall be given only upon a majority vote of the eligible electors of the existing area vocational district as expressed by a majority polled at the time of the regular biennial school GENERAL election. held in the area vocational district. The election shall be called only upon the affirmative vote of the board.

CXLIII. (b) By obtaining approval of the eligible electors residing in the part of the designated area desiring to be annexed voting on the question of annexation at a regular biennial school GENERAL election. The election shall be called only upon the filing of a petition for inclusion with the county clerk and recorder of the county in which the part is located or with the county clerk and recorder of each county in which a part is located if the part is located in more than one county. The petition shall be signed by ten percent of the eligible electors who reside in the part. The provisions of sections 23-61.5-103 to 23-61.5-106 SECTIONS 23-61.5-104 AND 23-61.5-106 shall apply to the election. If more than a majority of all votes cast at the election are in favor of the inclusion, the part shall be included in the area vocational district.

CXLIV. SECTION 23-71-105, Colorado Revised Statutes, is amended to read:

CXLV. 23-71-105. Election to organize. Upon receipt of the petition provided in section 23-71-104, the county clerk and recorder or, in the event the proposed district is situated in two or more counties, the secretary of state shall review the petition to determine whether it contains the number of signatures required for an organizational election. In the event that the petition contains the requisite number of signatures, the county clerk and recorder or secretary of state shall give notice to the school electors residing in the area of the proposed district that at the next regular biennial school GENERAL election, or at a special election which is requested in the petition, the question of organizing a junior college district will be submitted to the eligible electors of the respective school districts located in the area of the proposed junior college district.

CXLVI. SECTION 23-71-110 (2), (3), (5), (7), and (8), Colorado Revised Statutes, are amended to read:

CXLVII. 23-71-110. Election of board - members and terms. (2) The regular election of the members of a board of trustees shall be held AS PART OF THE GENERAL ELECTION on the first Tuesday after the first Monday in November in odd-numbered EVEN-NUMBERED years. as provided by law for regular biennial school elections in school districts. Special elections shall be held on the first Tuesday after the first Monday in February, May, September, or December.

CXLVIII. (3) The board of trustees of each junior college district existing on or after July 1, 1984, and before July 1, 1986, shall determine whether the board of trustees shall consist of five members or seven members. The board of trustees of each junior college district created after July 1, 1986, shall consist of a five-member or seven-member board as specified in the organization petition. The board of trustees of each junior college district shall determine the number of vacancies existing and the length of term of each vacancy for the next and subsequent regular GENERAL elections. for board members. Except for the election of members who were appointed pursuant to subsection (8) of this section and section 23-71-121, this shall be done so that there will be no more than three vacancies at any regular election for a five-member board and four vacancies at any regular election for a seven-member board and so that each board member will have a term of four years.

CXLIX. (5) Members of a board of trustees shall be elected at the regular biennial school election of school districts within the junior college district GENERAL ELECTION. Any person desiring to be a candidate for the office of trustee shall file a petition for nomination pursuant to section 1-4-803 and part 9 of article 4 of title 1, C.R.S. SECTION 23-71-114. The election shall be conducted pursuant to the provisions of articles 1 to 13 of title 1, C.R.S. The secretary of the board of trustees shall be the designated election official responsible for the election.

CL. (7) The cost of the election of members of the board of trustees as provided in this section shall be paid by the junior college district in which the elections are conducted, or, in the event of a coordinated election, the costs shall be allocated pursuant to sections 1-5-506 and 1-5-507, C.R.S.

CLI. (8) Each junior college district which THAT has a five-member board of trustees may increase the board membership to seven members at any time by the appointment of two new members. Each person appointed pursuant to this subsection (8) shall be appointed at least one hundred twenty days prior to the next regular biennial junior college GENERAL election and shall serve only until such election and until his OR HER successor has been elected and has qualified.

CLII. SECTION 23-71-114, Colorado Revised Statutes, is amended to read:

CLIII. 23-71-114. Candidates for board of trustees. (1) Any person who desires to be a candidate for the junior college board of trustees and who is an eligible elector in the junior college district shall file a petition for nomination pursuant to section 1-4-803 and part 9 of article 4 of title 1, C.R.S. THE PETITION SHALL BE SIGNED BY A NUMBER OF ELECTORS EQUAL TO THE LESSER OF FIFTY SIGNERS OR FIFTEEN PERCENT OF THE ELIGIBLE ELECTORS OF THE JUNIOR COLLEGE DISTRICT, BUT IF THE JUNIOR COLLEGE DISTRICT HAS A BOARD MEMBER DISTRICT PLAN OF REPRESENTATION, THE PETITION SHALL BE SIGNED BY A NUMBER OF ELIGIBLE ELECTORS EQUAL TO THE LESSER OF FIFTY SIGNERS OR FIFTEEN PERCENT OF THE NUMBER OF ELIGIBLE ELECTORS RESIDENT IN THE BOARD MEMBER DISTRICT IN WHICH THE PERSON IS A CANDIDATE. AN ELIGIBLE ELECTOR MAY SIGN AS MANY PETITIONS AS CANDIDATES FOR WHOM THAT ELECTOR MAY VOTE.

CLIV. (2) THE NOMINATION PETITION MUST BE FILED PRIOR TO SIXTY-SIX DAYS BEFORE THE ELECTION DATE.

CLV. (3) A CANDIDATE FOR THE OFFICE OF JUNIOR COLLEGE DISTRICT BOARD MEMBER SHALL RUN AS EITHER A CANDIDATE OF A POLITICAL PARTY OR AS AN UNAFFILIATED CANDIDATE FOR THAT BOARD MEMBERSHIP.

CLVI. (4) THE CANDIDATE FOR THE OFFICE OF BOARD MEMBER SHALL HAVE BEEN AN ELIGIBLE ELECTOR AND RESIDENT OF THE JUNIOR COLLEGE DISTRICT, AS SHOWN ON THE BOOKS OF THE COUNTY CLERK AND RECORDER, FOR AT LEAST TWELVE CONSECUTIVE MONTHS PRIOR TO THE DATE OF ELECTION.

CLVII. SECTION 23-71-121 (3), Colorado Revised Statutes, is amended to read:

CLVIII. 23-71-121. Vacancies. (3) If the vacancy occurs more than ninety days prior to the next regular biennial junior college election and the unexpired term is for more than two years, an appointee to the board shall serve until the next regular biennial junior college GENERAL election and until the successor for the remainder of the term is elected and has qualified. If the vacancy occurs within the ninety-day period prior to a regular biennial junior college GENERAL election and the unexpired term is for more than two years, an appointee to an office of the board shall serve until the next succeeding regular biennial junior college GENERAL election at which a candidate for the board may lawfully be nominated pursuant to section 1-4-803 SECTION 23-71-114 and part 9 of article 4 of title 1, C.R.S., and until a successor has been elected and has qualified. Except as otherwise provided in this subsection (3), an appointee to an office of the board shall serve the remainder of the unexpired term.

CLIX. SECTION 23-71-128, Colorado Revised Statutes, is amended to read:

CLX. 23-71-128. Additions to district - procedure. (1) If any school district or group of districts adjacent to a junior college district desires to be annexed to the existing junior college district, it may do so by the following procedure:

CLXI. (a) By obtaining approval of the existing junior college district. The approval shall be given only upon a majority vote of the eligible electors of the existing junior college district as expressed by a majority polled at the time of the regular biennial school GENERAL election. held in the junior college district. The election shall be called only upon the affirmative vote of the board of trustees.

CLXII. (b) By the school district desiring to be annexed voting on the question of annexation at a regular biennial school GENERAL election. The election shall be called only upon the affirmative vote of the school district board of education. If a single school district desires to be annexed, the annexation shall be effected by a majority vote of the eligible electors of the district. If two or more school districts desire annexation as a group, the annexation shall be effected only by a majority vote in favor thereof in each district desiring annexation. If there is not a majority vote in favor of the annexation in any district comprising the group, then the annexation shall not occur for the group of districts, but any individual district in the group which THAT had a majority vote in favor of the annexation shall be annexed to the junior college district.

CLXIII. SECTION 23-71-502 (2), Colorado Revised Statutes, is amended to read:

CLXIV. 23-71-502. Bonded indebtedness - elections. (2) The board of trustees of any district, at any regular biennial school GENERAL election or at a special election called for the purpose, shall submit to the eligible electors of the district the question of contracting a bonded indebtedness for the purpose of purchasing, erecting, improving, remodeling, and furnishing junior college buildings, sites, facilities, and equipment, which purposes shall be broadly construed, subject to the limitations provided in section 23-71-503.

CLXV. SECTION 23-72-107 (2) and (4), Colorado Revised Statutes, are amended to read:

CLXVI. 23-72-107. Election of board - members and terms. (2) The regular election of the members of a board shall be held AS PART OF THE GENERAL ELECTION on the first Tuesday after the first Monday in November in odd-numbered EVEN-NUMBERED years. as provided by law for regular biennial school elections in school districts. Special elections shall be held on the first Tuesday after the first Monday in February, May, September, or December.

CLXVII. (4) Members of a board shall be elected at the regular biennial school election of school districts within the affiliated junior college district GENERAL ELECTION. Any person desiring to be a candidate for the office of board member shall file a nomination petition as provided by section 23-72-111.

CLXVIII. SECTION 23-72-111, Colorado Revised Statutes, is amended to read:

CLXIX. 23-72-111. Candidates for board. (1) Any person who desires to be a candidate for the affiliated junior college board and who is an eligible elector may SHALL file a petition for nomination pursuant to section 1-4-803, C.R.S. SIGNED BY A NUMBER OF ELECTORS EQUAL TO THE LESSER OF FIFTY SIGNERS OR FIFTEEN PERCENT OF THE ELIGIBLE ELECTORS OF THE AFFILIATED JUNIOR COLLEGE DISTRICT, BUT IF THE AFFILIATED JUNIOR COLLEGE DISTRICT HAS A BOARD MEMBER DISTRICT PLAN OF REPRESENTATION, THE PETITION SHALL BE SIGNED BY A NUMBER OF ELIGIBLE ELECTORS EQUAL TO THE LESSER OF FIFTY SIGNERS OR FIFTEEN PERCENT OF THE NUMBER OF ELIGIBLE ELECTORS RESIDENT IN THE BOARD MEMBER DISTRICT IN WHICH THE PERSON IS A CANDIDATE. AN ELIGIBLE ELECTOR MAY SIGN AS MANY PETITIONS AS CANDIDATES FOR WHOM THAT ELECTOR MAY VOTE.

CLXX. (2) THE NOMINATION PETITION MUST BE FILED PRIOR TO SIXTY-SIX DAYS BEFORE THE ELECTION DATE.

CLXXI. (3) A CANDIDATE FOR THE OFFICE OF AFFILIATED JUNIOR COLLEGE DISTRICT BOARD MEMBER SHALL RUN AS EITHER A CANDIDATE OF A POLITICAL PARTY OR AS AN UNAFFILIATED CANDIDATE FOR THAT BOARD MEMBERSHIP.

CLXXII. (4) THE CANDIDATE FOR THE OFFICE OF BOARD MEMBER SHALL HAVE BEEN AN ELIGIBLE ELECTOR AND RESIDENT OF THE AFFILIATED JUNIOR COLLEGE DISTRICT, AS SHOWN ON THE BOOKS OF THE COUNTY CLERK AND RECORDER, FOR AT LEAST TWELVE CONSECUTIVE MONTHS PRIOR TO THE DATE OF ELECTION.

CLXXIII. SECTION 23-72-119, Colorado Revised Statutes, is amended to read:

CLXXIV. 23-72-119. Additions to district - procedure. (1) If any part of a junior college district not otherwise a part of an affiliated junior college district desires to be annexed to an existing affiliated junior college district, it may do so by the following procedure:

CLXXV. (a) By obtaining approval of the existing affiliated junior college district. The approval shall be given only upon a majority vote of the eligible electors of the existing affiliated junior college district as expressed by a majority polled at the time of the regular biennial school GENERAL election. held in the affiliated junior college district. The election shall be called only upon the affirmative vote of the board.

CLXXVI. (b) By obtaining approval of the eligible electors residing in the part of the designated area desiring to be annexed voting on the question of annexation at a regular biennial school GENERAL election. The election shall be called only upon the filing of a petition for inclusion with the county clerk and recorder of the county in which the part is located or with the county clerk and recorder of each county in which a part is located if the part is located in more than one county. The petition shall be signed by ten percent of the eligible electors who reside in the part. If more than a majority of all votes cast at the election are in favor of the inclusion, the part shall be included in the affiliated junior college district.

CLXXVII. SECTION 24-90-107 (3) (d) (I), Colorado Revised Statutes, is amended to read:

CLXXVIII. 24-90-107. Method of establishment. (3) If establishment of a county or municipal library or a library district is by petition of registered electors, the following procedures shall be followed:

CLXXIX. (d) Upon receipt of such petition, the legislative body or bodies shall either establish the library by resolution or ordinance, in accordance with subsection (2) of this section, or shall submit the question of the establishment of a public library to a vote of the registered electors residing in the proposed library service area in accordance with the following provisions:

CLXXX. (I) In the case of a municipal library, such election shall be held in accordance with article 10 of title 31, C.R.S., and section 20 of article X of the state constitution, and shall be held on the date of the state BIENNIAL general election ON the first Tuesday in November in odd-numbered EVEN-NUMBERED years; or the municipal regular election, whichever is earliest; except that such petition shall be filed at least ninety days before such election.

CLXXXI. SECTION 24-90-112 (1) (b) (I), Colorado Revised Statutes, is amended to read:

CLXXXII. 24-90-112. Tax support - elections. (1) (b) (I) (A) Except as otherwise provided under sub-subparagraph (B) of this subparagraph (I), the legislative body for the specified governmental unit shall submit, after notice, the question of any amount of tax levy not previously established by resolution or ordinance nor previously approved by the electors for the establishment, operation, and maintenance of public libraries to a vote of the registered electors residing in the unit or that portion of a library district within the unit, as the case may be, at the next general election. on the first Tuesday in November of odd-numbered years, or on the unit's biennial election date.

CLXXXIII. (B) The board of education of a school district shall submit, after notice, the question of any amount of tax levy not previously established by resolution for the operation and maintenance of school district supported public libraries to a vote of the registered electors residing in the school district at the next general election. on the first Tuesday in November of odd-numbered years or on the school district's biennial election date. For purposes of this subsection (1), "school district supported public library" means any library solely established and maintained by a school district for which such school district began levying a tax before the enactment of the "Colorado Library Law" on July 1, 1979.

CLXXXIV. SECTION 29-7-102 (2) (b), Colorado Revised Statutes, is amended to read:

CLXXXV. 29-7-102. School district may own and operate. (2) (b) The board of education of a school district that is also a special district, as defined in section 29-21-101 (1) (g), shall submit, after notice, the question of either an imposition of a new tax after August 4, 1999, or any increase in the existing tax levy after said date for the operation and maintenance of a system of public recreation and playgrounds not previously established by resolution or ordinance, nor previously approved by a vote of the registered electors residing in the school district, to a vote of said registered electors at the next general election. or the first Tuesday in November of odd-numbered years or on the school district's biennial election date.

CLXXXVI. SECTION 31-1-101 (10), Colorado Revised Statutes, is amended to read:

CLXXXVII. 31-1-101. Definitions. As used in this title, except where specifically defined, unless the context otherwise requires:

CLXXXVIII. (10) "Regular election" means:

CLXXXIX. (a) BEFORE THE EFFECTIVE DATE OF THIS SUBSECTION (10), AS AMENDED, the election held in towns on the first Tuesday of April in each even-numbered year; the election held in cities on the Tuesday succeeding the first Monday of November in each odd-numbered year; and the election held in any other municipality at which the regular election of officers takes place;

CXC. (b) ON AND AFTER THE EFFECTIVE DATE OF THIS SUBSECTION (10), AS AMENDED, THE ELECTION IN ANY MUNICIPALITY HELD CONCURRENTLY WITH THE STATE GENERAL ELECTION IN EVERY EVEN-NUMBERED YEAR.

CXCI. SECTION 31-1-204 (7), Colorado Revised Statutes, is amended to read:

CXCII. 31-1-204. Change of classification - towns - notice - effect on officeholders - options prior to reorganization - terms of office - election dates. (7) Notwithstanding IN CONFORMITY WITH the provisions of section 31-1-101 (10), the regular election date for towns reorganizing into cities shall remain, after reorganization, the first Tuesday of April NOVEMBER in each even-numbered year. However, after reorganization, the governing body of the city may by ordinance establish its regular election date on the Tuesday succeeding the first Monday of November in each odd-numbered year and may include in such ordinance any alteration in the term of office of officials subsequently elected which may be necessary to accomplish the change in election dates in an orderly manner. In no event shall such ordinance shorten the term of any elected official in office at the time of its adoption.

CXCIII. SECTION 31-1-206 (4), Colorado Revised Statutes, is amended to read:

CXCIV. 31-1-206. Change in classification - cities - notice - effect on officeholders - terms of office - election dates. (4) Notwithstanding IN CONFORMITY WITH the provisions of section 31-1-101 (10), the regular election date for cities reorganizing into towns shall remain, after reorganization as a town, the Tuesday succeeding the first Monday of November in each odd-numbered year. However, the governing body of the town may by ordinance establish its regular election date on the first Tuesday of April NOVEMBER in each even-numbered year and may include in such ordinance any alteration in the terms of office of officials subsequently elected which THAT may be necessary to accomplish the change in election dates in an orderly manner. In no event shall such ordinance shorten the term of any elected official in office at the time of its adoption.

CXCV. SECTION 31-4-504 (4), Colorado Revised Statutes, is amended to read:

CXCVI. 31-4-504. Resignation - vacancy filled - election - ballot - nomination. (4) Candidates for the office at a recall election may be nominated by petition as provided in section 31-10-302 SECTION 1-4-801, C.R.S.; except that nominating petitions may be circulated beginning on the first business day after the governing body sets the date for the recall election and shall be filed no later than twenty days prior to such recall election.

CXCVII. SECTION Part 1 of article 10 of title 31, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:

CXCVIII. 31-10-109. Change in date of regular election of municipal officials to be held in November in each even-numbered year - temporary appointment of municipal officials. (1) NOTWITHSTANDING ANY OTHER PROVISION OF THIS TITLE, IN ORDER TO IMPLEMENT THE 2002 CHANGE IN THE DATE FOR HOLDING REGULAR MUNICIPAL ELECTIONS THAT REQUIRES SUCH ELECTIONS OF TOWN OFFICIALS TO BE HELD ON THE TUESDAY SUCCEEDING THE FIRST MONDAY OF NOVEMBER IN EACH EVEN-NUMBERED YEAR, THE FOLLOWING PROVISIONS SHALL APPLY:

CXCIX. (a) (I) ANY OFFICIAL OF A TOWN ELECTED AT THE REGULAR ELECTION HELD IN APRIL OF 2000 WHOSE TERM EXPIRES IN APRIL OF 2004 SHALL BE SUCCEEDED BY AN OFFICIAL APPOINTED IN ACCORDANCE WITH THE PROVISIONS OF PARAGRAPH (c) OF THIS SUBSECTION (1) WHO SHALL SERVE UNTIL SUCH APPOINTED OFFICIAL IS SUCCEEDED BY AN OFFICIAL ELECTED AT THE GENERAL ELECTION HELD IN NOVEMBER OF 2004.

CC. (II) ANY OFFICIAL OF A TOWN ELECTED AT THE REGULAR ELECTION HELD IN APRIL OF 2004 WHOSE TERM EXPIRES IN APRIL OF 2006 SHALL BE SUCCEEDED BY AN OFFICIAL APPOINTED IN ACCORDANCE WITH THE PROVISIONS OF PARAGRAPH (c) OF THIS SUBSECTION (1) WHO SHALL SERVE UNTIL SUCH APPOINTED OFFICIAL IS SUCCEEDED BY AN OFFICIAL ELECTED AT THE GENERAL ELECTION HELD IN NOVEMBER OF 2006.

CCI. (b) (I) ANY OFFICIAL OF A CITY ELECTED AT THE REGULAR ELECTION WHOSE TERM EXPIRES IN NOVEMBER OF 2003 SHALL BE SUCCEEDED BY AN OFFICIAL APPOINTED IN ACCORDANCE WITH THE PROVISIONS OF PARAGRAPH (c) OF THIS SUBSECTION (1) WHO SHALL SERVE UNTIL SUCH APPOINTED OFFICIAL IS SUCCEEDED BY AN OFFICIAL ELECTED AT THE GENERAL ELECTION HELD IN NOVEMBER OF 2004.

CCII. (II) ANY OFFICIAL OF A CITY ELECTED AT THE REGULAR ELECTION WHOSE TERM EXPIRES IN NOVEMBER OF 2005 SHALL BE SUCCEEDED BY AN OFFICIAL APPOINTED IN ACCORDANCE WITH THE PROVISIONS OF PARAGRAPH (c) OF THIS SUBSECTION (1) WHO SHALL SERVE UNTIL SUCH APPOINTED OFFICIAL IS SUCCEEDED BY AN OFFICIAL ELECTED AT THE GENERAL ELECTION HELD IN NOVEMBER OF 2006.

CCIII. (c) THE APPOINTMENT OF THE OFFICIAL FOR THE TERMS AS PROVIDED IN PARAGRAPHS (a) AND (b) OF THIS SUBSECTION (1) SHALL BE MADE BY THE GOVERNING BODY OF THE MUNICIPALITY; EXCEPT THAT NO OFFICIAL WHOSE TERM IS EXPIRING AND WHO IS SEEKING APPOINTMENT TO SUCH OFFICE SHALL PARTICIPATE IN PROCEEDINGS CONDUCTED BY THE BODY CONCERNING THE POSITION HELD BY THAT OFFICIAL PURSUANT TO THE PROVISIONS OF THIS PARAGRAPH (c). AN OFFICIAL WHOSE TERM IS EXPIRING MAY NOTIFY THE GOVERNING BODY IN THE TIME AND MANNER PRESCRIBED BY THE GOVERNING BODY OF SUCH OFFICIAL'S INTENTION TO BE CONSIDERED FOR THE APPOINTMENT. IF THE OFFICIAL WHOSE TERM IS EXPIRING NOTIFIES THE GOVERNING BODY AND IS OTHERWISE QUALIFIED UNDER THIS ARTICLE, THE GOVERNING BODY MAY APPOINT SUCH OFFICIAL. IF THE GOVERNING BODY IS NOT NOTIFIED WITHIN THE TIME PROVIDED THAT THE OFFICIAL WHOSE TERM IS EXPIRING INTENDS TO SEEK THE APPOINTMENT OR SUCH OFFICIAL IS NOT APPOINTED TO SUCH TERM, THE SECRETARY OF THE GOVERNING BODY SHALL CAUSE NOTICE OF THE APPOINTMENT TO BE PUBLISHED FOR NO LESS THAN TWO CONSECUTIVE WEEKS IN A NEWSPAPER OF GENERAL CIRCULATION IN THE TOWN, THE FIRST PUBLICATION OF SUCH NOTICE TO BE MADE NOT LESS THAN THIRTY DAYS BEFORE THE EXPIRATION OF THE TERM OF OFFICE OF THE OFFICIAL. ANY PERSON WHO MEETS THE QUALIFICATIONS OTHERWISE REQUIRED BY THIS ARTICLE FOR THE ELECTION OF OFFICIALS AND WHO DESIRES TO BE CONSIDERED FOR THE APPOINTMENT SHALL FILE A WRITTEN NOTICE OF SUCH INTENTION WITH THE SECRETARY OF THE GOVERNING BODY OF THE TOWN WITHIN THE TIME AND IN THE MANNER PRESCRIBED BY THE GOVERNING BODY. THE GOVERNING BODY SHALL CONSIDER ALL APPLICANTS AND SHALL MAKE THE APPOINTMENT NO LATER THAN TEN DAYS FOLLOWING THE EXPIRATION OF THE TERM OF OFFICE. IN THE EVENT THAT THE NUMBER OF QUALIFIED APPLICANTS IS LESS THAN THE NUMBER OF APPOINTMENTS TO BE MADE, THE GOVERNING BODY MAY APPOINT ANY QUALIFIED PERSON TO ANY POSITION FOR WHICH THERE IS NO QUALIFIED APPLICANT.

CCIV. (d) THEREAFTER, MUNICIPAL OFFICIALS SHALL BE ELECTED AT THE TIME FOR HOLDING REGULAR ELECTIONS AS SPECIFIED IN SECTION 31-1-101 (10) (b), AND THEIR TERMS OF OFFICE SHALL BE AS PROVIDED UNDER LAW.

CCV. (2) ANY ELECTION CONDUCTED UNDER SUBSECTION (1) OF THIS SECTION SHALL BE CONDUCTED AND SUPERVISED BY THE DESIGNATED ELECTION OFFICIAL IN CONFORMITY WITH THE REQUIREMENTS OF SECTION 1-7-116, C.R.S., AS APPLICABLE, AND SHALL BE GOVERNED BY THE PROVISIONS OF ARTICLES 1 TO 13 OF TITLE 1, C.R.S.

CCVI. SECTION 31-10-302, Colorado Revised Statutes, is amended to read:

CCVII. 31-10-302. Nomination of municipal officers. (1) Candidates for municipal offices shall be nominated without regard to affiliation, by petition on forms supplied by the clerk. A petition of nomination may consist of one or more sheets, but it shall contain the name and address of only one candidate and shall indicate the office to which the candidate is seeking election. The petition may designate one or more persons as a committee to fill a vacancy in the nomination. PURSUANT TO THE "UNIFORM ELECTION CODE OF 1992", ARTICLES 1 TO 13 OF TITLE 1, C.R.S.

CCVIII. (2) Nomination petitions may be circulated and signed beginning on the fiftieth day and ending on the thirtieth day prior to the day of election. Each petition shall be signed by registered electors in the following numbers:

CCIX. (a) For a candidate in a city, at least twenty-five registered electors residing within the city;

CCX. (b) For a candidate from a ward within a city, at least twenty-five registered electors residing in the candidate's ward;

CCXI. (c) For a candidate in a town, at least ten registered electors residing within the town; and

CCXII. (d) For a candidate from a ward within a town, at least ten registered electors residing in the candidate's ward.

CCXIII. (3) Each registered elector signing a petition shall sign such registered elector's own signature and shall print or, if such elector is unable to do so, shall cause to be printed such elector's legal name, the address at which such registered elector resides, including the street name and number, the city or town, the county, and the date of the signing. The registered elector, or the person printing on behalf of the registered elector, may use any abbreviations that reasonably identify the residence of the registered elector, and the date the registered elector signed the petition. The circulator of each nomination petition shall make an affidavit that each signature thereon is the signature of the person whose name it purports to be and that each signer has stated to the circulator that the signer is a registered elector of the municipality or municipality and ward, as the case may be, for which the nomination is made. The signature of each signer of a petition shall constitute prima facie evidence of his qualifications without the requirement that each signer make an affidavit as to his qualifications.

CCXIV. (4) No petition is valid that does not contain the requisite number of signatures of registered electors. The clerk shall inspect timely filed petitions of nomination to ensure compliance with this section. Such inspection may consist of an examination of the information on the signature lines for patent defects, a comparison of the information on the signature lines with a list of registered electors provided by the county, or any other method of inspection reasonably expected to ensure compliance with this section. Any petition may be amended to correct or replace those signatures which the clerk finds are not in apparent conformity with the requirements of this section at any time prior to twenty-two days before the day of election.

CCXV. (5) No registered elector shall sign more than one nomination petition for each separate office to be filled in his municipality or municipality and ward, as the case may be. Each office of the governing body that is to be filled by the electorate shall be considered a separate office for the purpose of nomination. In municipalities in which offices of the governing body are filled both by election from wards and election at large, an elector may sign a nomination petition for each office to be filled from his ward and also for each office to be filled by election at large. If a registered elector's signature appears on more than one nomination petition for a particular office, the clerk may utilize the date of signing indicated on the nomination petitions to determine which signature was valid when affixed to the nomination petitions. If the date of signing does not clarify which signature was valid, all signatures of such registered elector shall be rejected.

CCXVI. (6) Each nomination petition shall be filed with the clerk no later than the thirtieth day prior to the day of election. Every petition shall have endorsed thereon or appended thereto the written affidavit of the candidate accepting the nomination and swearing that the candidate satisfies the requirements set forth in section 31-10-301 to be a candidate and hold office in the municipality. The acceptance of nomination shall contain the place of residence of the candidate and the name of the candidate in the form that the candidate wishes it to appear on the ballot. The candidate's name may be a nickname or include a nickname but shall not contain any title or degree designating the business or profession of the candidate.

CCXVII. (7) The clerk shall cause all nomination petitions to be preserved for a period of two years. All such petitions shall be open to public inspection under proper regulation by the clerk with whom they are filed.

CCXVIII. (8) Nomination petitions for candidates whose name will be on the ballot at a coordinated election or mail ballot election pursuant to articles 1 to 13 of title 1, C.R.S., shall be circulated, signed, and filed with the municipal clerk within the period set forth in section 1-4-805, C.R.S.

CCXIX. SECTION Repeal. 31-10-303 (2), Colorado Revised Statutes, is repealed as follows:

CCXX. 31-10-303. Withdrawal from nominations. (2) If the nomination petition designates one or more persons as a committee to fill a vacancy, the clerk shall immediately notify such persons of their candidate's withdrawal. If there is no committee designated, the clerk shall immediately notify the three persons whose names appear at the top of the nomination petition of the withdrawal of their candidate.

CCXXI. SECTION 31-10-304, Colorado Revised Statutes, is amended to read:

CCXXII. 31-10-304. Vacancies in nominations. (1) If any candidate dies or withdraws from the nomination prior to twenty-three days before the day of election, the vacancy may be filled by the vacancy committee, if any, designated on the nomination petition or, if no vacancy committee is designated, by petition in the same manner required for original nomination. If any petition of nomination is insufficient or inoperative because of failure to remedy or cure the same, the vacancy thus occasioned may be filled by petition in the same manner required for original nomination. PURSUANT TO THE "UNIFORM ELECTION CODE OF 1992", ARTICLES 1 TO 13 OF TITLE 1, C.R.S.

CCXXIII. (2) Any certificate of nomination or petition to fill a vacancy shall be filed with the clerk not later than the twentieth day before the day of election.

CCXXIV. SECTION Repeal. 31-10-305, Colorado Revised Statutes, is repealed as follows:

CCXXV. 31-10-305. Objections to nominations. All petitions of nomination and affidavits which are in apparent conformity with the provisions of section 31-10-302, as determined by the clerk, are valid unless objection thereto is duly made in writing within three days after the filing of the same. In case objection is made, notice thereof shall be forthwith mailed to any candidate who may be affected thereby. The clerk shall decide objections within at least forty-eight hours after the same are filed, and any objections sustained may be remedied or defect cured upon the original petition, by an amendment thereto, or by filing a new petition within three days after the objection is sustained, but in no event later than the eighteenth day before the day of election. The clerk shall pass upon the validity of all objections, whether of form or substance, and the clerk's decisions upon matters of form shall be final. The clerk's decisions upon matters of substance shall be open to review if prompt application is made, as provided in section 31-10-1401, but the remedy in all cases shall be summary, and the decision of the district court shall be final and not subject to review by any other court; except that the supreme court, in the exercise of its discretion, may review any proceeding in a summary way.

CCXXVI. SECTION 31-35-106, Colorado Revised Statutes, is amended to read:

CCXXVII. 31-35-106. Regular election of trustees. The regular election for electing trustees under the provisions of this part 1, after the first election to be called by the mayor, shall be held biennially on the first Tuesday in June; but if the entire city or town is included within the jurisdiction of such board of trustees, the election may be held in conjunction with the regular election. The election shall be conducted by the clerk in accordance with the provisions of the "Colorado Municipal Election Code of 1965" insofar as practicable. Only registered electors who reside in that part of the city or town within the jurisdiction of such board of trustees shall be permitted to vote in such election. Likewise only registered electors residing in such part of the city or town shall be permitted to vote on any proposition to create or contract a debt or loan for the purpose of acquiring, constructing, or extending waterworks.

CCXXVIII. SECTION 32-1-103 (17), Colorado Revised Statutes, is amended to read:

CCXXIX. 32-1-103. Definitions. As used in this article, unless the context otherwise requires:

CCXXX. (17) "Regular special district election" means the election on the Tuesday succeeding the first Monday of May NOVEMBER in every even-numbered year, held for the purpose of electing members to the boards of special districts and for submission of other public questions, if any.

CCXXXI. SECTION 32-1-805 (1), Colorado Revised Statutes, is amended to read:

CCXXXII. 32-1-805. Time for holding elections. (1) Regular special district elections shall be held on the Tuesday succeeding the first Monday of May NOVEMBER in every even-numbered year.

CCXXXIII. SECTION Part 8 of article 1 of title 32, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:

CCXXXIV. 32-1-808. Change in date of regular special district election to be held in November in even-numbered years. (1) IN ORDER TO IMPLEMENT THE 2002 CHANGE IN THE DATE FOR HOLDING REGULAR SPECIAL DISTRICT ELECTIONS THAT REQUIRES SUCH ELECTIONS TO BE HELD IN NOVEMBER IN EVERY EVEN-NUMBERED YEAR, THE FOLLOWING PROVISIONS SHALL APPLY:

CCXXXV. (a) ANY SPECIAL DISTRICT DIRECTOR ELECTED AT THE REGULAR SPECIAL DISTRICT ELECTION HELD IN MAY OF 2000 WHOSE TERM EXPIRES IN MAY OF 2004 SHALL BE SUCCEEDED BY A DIRECTOR APPOINTED IN ACCORDANCE WITH THE PROVISIONS OF PARAGRAPH (c) OF THIS SUBSECTION (1) WHO SHALL SERVE UNTIL SUCH APPOINTED DIRECTOR IS SUCCEEDED BY A DIRECTOR ELECTED AT THE GENERAL ELECTION HELD IN NOVEMBER OF 2004.

CCXXXVI. (b) ANY SPECIAL DISTRICT DIRECTOR ELECTED AT THE REGULAR SPECIAL DISTRICT ELECTION HELD IN MAY OF 2002 WHOSE TERM EXPIRES IN MAY OF 2006 SHALL BE SUCCEEDED BY A DIRECTOR APPOINTED IN ACCORDANCE WITH THE PROVISIONS OF PARAGRAPH (c) OF THIS SUBSECTION (1) WHO SHALL SERVE UNTIL SUCH APPOINTED DIRECTOR IS SUCCEEDED BY A DIRECTOR ELECTED AT THE GENERAL ELECTION HELD IN NOVEMBER OF 2006.

CCXXXVII. (c) THE APPOINTMENT OF SPECIAL DISTRICT DIRECTORS FOR THE TERMS AS PROVIDED IN PARAGRAPHS (a) AND (b) OF THIS SUBSECTION (1) SHALL BE MADE BY THE BOARD OF THE SPECIAL DISTRICT; EXCEPT THAT NO SPECIAL DISTRICT DIRECTOR WHOSE TERM IS EXPIRING AND WHO IS SEEKING APPOINTMENT TO SUCH POSITION SHALL PARTICIPATE IN PROCEEDINGS CONDUCTED BY THE BOARD CONCERNING THE POSITION HELD BY THAT DIRECTOR PURSUANT TO THE PROVISIONS OF THIS PARAGRAPH (c). A DIRECTOR WHOSE TERM IS EXPIRING MAY NOTIFY THE BOARD IN THE TIME AND MANNER PRESCRIBED BY THE BOARD OF SUCH DIRECTOR'S INTENTION TO BE CONSIDERED FOR THE APPOINTMENT. IF THE DIRECTOR WHOSE TERM IS EXPIRING NOTIFIES THE BOARD AND IS OTHERWISE QUALIFIED UNDER THIS ARTICLE, THE BOARD MAY APPOINT SUCH DIRECTOR. IF THE BOARD IS NOT NOTIFIED WITHIN THE TIME PROVIDED THAT THE DIRECTOR WHOSE TERM IS EXPIRING INTENDS TO SEEK THE APPOINTMENT OR SUCH DIRECTOR IS NOT APPOINTED TO SUCH TERM, THE SECRETARY OF THE BOARD OF THE SPECIAL DISTRICT SHALL CAUSE NOTICE OF THE APPOINTMENT TO BE PUBLISHED FOR NO LESS THAN TWO CONSECUTIVE WEEKS IN A NEWSPAPER OF GENERAL CIRCULATION IN THE SPECIAL DISTRICT, THE FIRST PUBLICATION OF SUCH NOTICE TO BE MADE NOT LESS THAN THIRTY DAYS BEFORE THE EXPIRATION OF THE TERM OF OFFICE OF THE DIRECTOR IN MAY OF 2004 OR MAY OF 2006, WHICHEVER IS APPLICABLE. ANY PERSON WHO MEETS THE QUALIFICATIONS OTHERWISE REQUIRED BY THIS ARTICLE FOR THE ELECTION OF DIRECTORS AND WHO DESIRES TO BE CONSIDERED FOR THE APPOINTMENT SHALL FILE A WRITTEN NOTICE OF SUCH INTENTION WITH THE SECRETARY OF THE BOARD OF THE SPECIAL DISTRICT WITHIN THE TIME AND IN THE MANNER PRESCRIBED BY THE BOARD. THE BOARD SHALL CONSIDER ALL APPLICANTS AND SHALL MAKE THE APPOINTMENT NO LATER THAN TEN DAYS FOLLOWING THE EXPIRATION OF THE TERM OF OFFICE OF THE DIRECTOR IN MAY OF 2004 OR MAY OF 2006, WHICHEVER IS APPLICABLE. IN THE EVENT THAT THE NUMBER OF QUALIFIED APPLICANTS IS LESS THAN THE NUMBER OF APPOINTMENTS TO BE MADE, THE BOARD MAY APPOINT ANY QUALIFIED PERSON TO ANY POSITION FOR WHICH THERE IS NO QUALIFIED APPLICANT.

CCXXXVIII. (d) THEREAFTER, OFFICIALS OF SPECIAL DISTRICTS SHALL BE ELECTED AT GENERAL ELECTIONS IN EVEN-NUMBERED YEARS AND THEIR TERMS OF OFFICE SHALL BE AS PROVIDED UNDER LAW.

CCXXXIX. (2) ANY ELECTION CONDUCTED UNDER SUBSECTION (1) OF THIS SECTION SHALL BE CONDUCTED AND SUPERVISED BY THE DESIGNATED ELECTION OFFICIAL IN CONFORMITY WITH THE REQUIREMENTS OF SECTION 1-7-116, C.R.S., AND SHALL BE GOVERNED BY THE PROVISIONS OF ARTICLES 1 TO 13 OF TITLE 1, C.R.S.

CCXL. SECTION 32-12-103 (11), Colorado Revised Statutes, is amended to read:

CCXLI. 32-12-103. Definitions. As used in this article, unless the context otherwise requires:

CCXLII. (11) "Regular special district election" means the election held on the Tuesday succeeding the first Monday of May NOVEMBER in every even-numbered year, as provided in section 32-1-103 (17), for the purpose of electing members of the board and for submission of other public questions, if any.

CCXLIII. SECTION 37-21-105, Colorado Revised Statutes, is amended to read:

CCXLIV. 37-21-105. Directors - election. The regular election of directors of drainage districts shall be held on the first Tuesday after the first Monday in January NOVEMBER of each alternate year, at which three directors shall be elected. The three persons receiving the highest number of votes shall be the directors for the next succeeding two years and until their respective successors are elected and qualified.

CCXLV. SECTION 37-31-109, Colorado Revised Statutes, is amended to read:

CCXLVI. 37-31-109. Regular election - directors elected. The regular election in said district for the purpose of electing a board of directors shall be held on the first Tuesday after the first Monday of January NOVEMBER of each year, beginning with the year 1927, at which time one director shall be elected for a term of three years. All persons residing within said district and qualified to vote at general county elections shall be entitled to vote. Each elector must vote in the precinct where he OR SHE resides.

CCXLVII. SECTION 37-41-106 (1), Colorado Revised Statutes, is amended to read:

CCXLVIII. 37-41-106. Directors - election - term. (1) The regular election of said district for the purpose of electing a board of directors shall be held on the first Tuesday after the first Monday in December NOVEMBER of each year, at which time one director shall be elected for a term of three years; except that, at the first election held to choose the first board of directors after the organization of any district has been effected, the person having the highest number of votes shall continue in office for the full term of three years; the next highest for two years; and the next highest for one year. But if two or more persons have the same number of votes, then their term shall be determined by lot, under the direction of the county judge of the county wherein the organization of said district has been effected. The person receiving the highest number of votes for any office to be filled at such election is elected thereto.

CCXLIX. SECTION 37-44-126 (1), Colorado Revised Statutes, is amended to read:

CCL. 37-44-126. Election of officers - oath - bond. (1) The regular election of the district for the purpose of electing a board of directors shall be held on the first Monday TUESDAY after the first Tuesday MONDAY in December NOVEMBER of each year, at which time one director shall be elected for a term of five years; except that, at the first election held to choose the first board of directors after the organization of any internal improvement district has been effected, the person having the highest number of votes shall continue in office for the full term of five years, the next highest four years, the next highest three years, the next highest two years, and the next highest one year. If two or more persons in the same precinct have the same number of votes, their term shall be determined by lot under the direction of the judge of the district court having original jurisdiction of the formation of the said district. The person receiving the highest number of votes for any office to be filled is elected thereto.

CCLI. SECTION Effective date - applicability. (1) This act shall take effect January 1, 2003, unless a referendum petition is filed during the ninety-day period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution. If such a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part shall take effect on the specified date only if approved by the people.

(2) The provisions of this act shall apply to any local government election held on or after the applicable effective date of this act.

SB02-164