2022 Colorado Code
Title 30 - Government - County
Article 10 - County Officers
Part 3 - County Commissioners
§ 30-10-306.7. Procedure for Electing County Commissioners

1. In any county having a population of seventy thousand or more which has increased the membership of the board of county commissioners to five pursuant to sections 1-4-205 (3)(a), C.R.S., and 30-10-306.5, the registered electors may, either by referendum or by initiative, change the method of electing said members or reduce the membership of the board of county commissioners to three, pursuant to the procedures in this section.
2. 1. In any such county, the method of electing members of the board of county commissioners may be changed to any one of the following methods:
      1. Five commissioners resident in five districts, elected by the voters of the whole county or elected only by voters resident in the district from which the member runs for election. In such case, the procedures for election shall be in accordance with section 30-10-306.5 (6). The county clerk and recorder shall make any other necessary provision to effectuate the change in method of election.
      2. Three commissioners resident in three districts, elected by the voters of the whole county or elected only by voters resident in the district from which the member runs for election. In such case, the procedures for election shall be in accordance with subsection (5) of this section.
      3. Five commissioners elected as follows: Three commissioners resident in three districts and elected by voters resident in those districts and two commissioners elected at large; or three commissioners resident in districts and elected by voters of the whole county and two commissioners elected at large. In such case, the procedures for election shall be in accordance with paragraph (a) of subsection (5) of this section.

   2. The registered electors of such a county may, either by referendum or by initiative, decrease the members of the board of county commissioners from five to three. In such case, the term of office of all members serving on the board shall expire at the time the next duly elected board takes the oath of office following the first general election after the voters' approval of such decrease, and three new members shall be elected in accordance with sections 1-4-205 (2), C.R.S., and 30-10-306. Two seats, as determined by lot, shall be elected for four-year terms and the remaining seat shall be elected for a two-year term of office in accordance with sections 1-4-205 (2), C.R.S., and 30-10-306. The county clerk and recorder shall make any necessary changes to effectuate the decrease in membership.

3. 1. Subject to referral as provided in this subsection (3), a board of county commissioners may pass a resolution decreasing the membership of the board, as provided in subsection (2) of this section. Prior to the ninetieth day before the next general election, the board of county commissioners shall request that the county clerk and recorder place the resolution on the ballot for referral to the registered electors of the county at the next general election.
   2. Subject to referral as provided in this subsection (3), a board of county commissioners may pass a resolution changing the method of electing the members of the board. The resolution shall be referred to the registered electors of the county at a general election. If any number of the county commissioners are not elected by the voters of the whole county when the board of county commissioners passes this resolution, then the resolution must designate no fewer than two of the methods of election set forth in subsection (2) of this section. If a majority of votes cast are in favor of the resolution, the board of county commissioners shall take such action as is necessary to ensure that the county commissioners are elected at the next general election according to the procedure for election contained in the resolution that received the largest number of votes cast.

4. In the alternative, a petition signed by at least eight percent of the total number of qualified electors of a county voting for all candidates for the office of secretary of state at the last preceding general election shall be sufficient to place on the ballot at a general election the question of whether to change the method of electing members of the board or to decrease the membership of the board. In the case of a petition to change the method of electing members of the board, such petition shall specify the method of election according to subsection (2) of this section. Such a petition, shall be delivered to the county clerk and recorder prior to the ninetieth day before the next general election with a request that the question be placed on the ballot for referral to the registered electors of the county at the next general election.
5. 1. If a majority of the votes cast on the question are in favor of changing the method of electing the five commissioners or providing for three commissioners, as provided in subsection (2)(a)(II) or (2)(a)(III) of this section, the board of county commissioners shall change the boundaries of the commissioner districts so as to create three districts as nearly equal in population as possible based on the most recent federal census of the United States minus the number of persons serving a sentence of detention or confinement in any correctional facility in the county as indicated in the statistical report of the department of corrections for the most recent fiscal year. The districts must be numbered consecutively and are not subject to alteration more often than once every two years; except that, notwithstanding section 30-10-306 (3), the board may alter the districts to conform to precinct boundaries that are changed in accordance with section 1-5-103 (1), based on the division of the state into congressional districts or an approved plan for redistricting of the members of the general assembly when necessary to ensure that no precinct is located in more than one district. All other provisions of sections 1-4-205 (3)(a) and 30-10-306 (2) and (3) relating to the method of electing members, as provided in this subsection (5)(a), are applicable; except that, when districts are created, such changes must be completed by July 1 of the odd-numbered year immediately preceding the general election.
   2. 1. Upon adoption of the boundaries of the three commissioner districts pursuant to subsection (2) of this section, it shall be decided by lot which of the five presently elected commissioners shall serve each of the three commissioner districts and which two commissioners shall serve the county at large.
      2. If more than one presently elected commissioner resides within the boundaries of the same newly created commissioner district, those commissioners shall first determine by lot which of them will serve that district and which of them will represent the county at large. The remaining commissioners shall then determine by lot which of them will serve the two remaining districts and which of them will serve as the second commissioner at large.
      3. The county clerk and recorder shall establish the time, place, and manner in which such lots shall be conducted and shall declare the official results of such lots immediately thereafter.

   3. In the event that the registered electors of a county vote to change the method of election pursuant to this subsection (5), the terms of office of the five presently elected commissioners shall not be affected.
   4. Thereafter, the method of election in such counties shall be as provided in sections 1-4-205 (3)(a), C.R.S., and 30-10-306.5 (5).

6. Signature requirements governing petitions for a race involving a seat on the board of county commissioners for the next four calendar years immediately following an election at which the voters have approved a decrease in the number of county commissioners from five to three under this section are specified in section 1-4-801 (2)(e), C.R.S., for major political party candidates, and section 1-4-802 (2), C.R.S., for candidates who do not wish to affiliate with a major political party. Following the first four calendar years after such a change in the membership of the board of county commissioners has been approved by the voters, the signature requirements for a petition for a county commissioner candidate must follow the procedures specified in section 1-4-801 (2)(a), C.R.S., for major political party candidates, and section 1-4-802 (1)(c)(VI), C.R.S., for candidates who do not wish to affiliate with a major political party, as applicable.

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Source: L. 88: Entire section added, p. 1111, § 1, effective April 9; (5)(a) amended, p. 1436, § 36, effective June 11. L. 2002: (5)(a) amended, p. 136, § 2, effective August 7. L. 2013: (6) added, (SB 13-243), ch. 268, p. 1413, § 4, effective May 24. L. 2020: (5)(a) amended, (SB 20-186), ch. 272, p. 1330, § 18, effective July 11. L. 2021: (3) amended, (HB 21-1047), ch. 70, p. 287, § 4, effective April 29.

Cross references: For the legislative declaration in HB 21-1047, see section 1 of chapter 70, Session Laws of Colorado 2021.