(1) Any person nominated in accordance with this article 4 shall file a written acceptance with the secretary of state by mail or hand delivery. The written acceptance must be postmarked or received by the secretary of state within four business days after the adjournment of the assembly. If an acceptance is not filed within the specified time, the candidate is deemed to have declined the nomination, and the nomination must be treated as a vacancy to be filled as provided in part 10 of this article 4.
(2) The secretary of state shall arrange the names of all candidates who have been duly nominated and filed a written acceptance in accordance with subsection (1) of this section on the ballot under the designation of the office in three groups as follows:
(a) The names of the candidates of the major political parties shall be placed on the ballot in an order established by lot and shall comprise the first group;
(b) The names of the candidates of the minor political parties shall be listed in an order established by lot and shall comprise the second group; and
(c) The names of the unaffiliated candidates shall be listed in an order established by lot and shall comprise the third group.
Source: L. 83: Entire section added, p. 351, § 13, effective July 1. L. 92: Entire part amended, p. 677, § 4, effective January 1, 1993. L. 95: Entire section amended, p. 829, § 26, effective July 1. L. 2010: Entire section amended, (HB 10-1116), ch. 194, p. 832, § 9, effective May 5. L. 2017: Entire section amended, (SB 17-209), ch. 234, p. 962, § 6, effective August 9. L. 2026: Entire section amended, (HB 26-1113), ch. 267, p. 1493, § 19, effective June 1.
ANNOTATION
Annotator's note. The following annotations include a case decided under former provisions similar to this section.
The provision for acceptance of a nomination is so plain that it needs no construction other than that which its own language imports. O'Connor v. Smithers, 45 Colo. 23, 99 P. 46 (1908).
All nominees of minor political parties are required to file an acceptance. O'Connor v. Smithers, 45 Colo. 23, 99 P. 46 (1908).
And if they do not file an acceptance within the specified time, their failure to do so is equivalent to an express declination. O'Connor v. Smithers, 45 Colo. 23, 99 P. 46 (1908).
And such nomination will be treated as vacant. O'Connor v. Smithers, 45 Colo. 23, 99 P. 46 (1908).
The certificate of nomination has no force or effect if not filed within the time required by law. O'Connor v. Smithers, 45 Colo. 23, 99 P. 46 (1908).
Although nominee has already accepted a nomination for the same office upon another ticket, the secretary of state is justified in refusing to certify it for a place on the ballot where nominee fails to file his acceptance. O'Connor v. Smithers, 45 Colo. 23, 99 P. 46 (1908).
Without an express written acceptance there is just as much a vacancy as if a nominee by convention should expressly decline to accept. O'Connor v. Smithers, 45 Colo. 23, 99 P. 46 (1908).