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August 13, 2010 09:27 PM UTC

When is the DROP DEAD date, exactly, for the GOP to replace Maes ?

  • 11 Comments
  • by: Barron X

.

The SOS posted a non-answer to Ryan Call about vacancy boards and replacing candidates.  

http://www.elections.colorado….

This specifically doesn’t answer a question about residency requirements.

I’m asking about the Calendar:

what is the last date that Dan Maes could drop out and the GOP vacancy Committee could appoint a replacement ?  

.

.

Obviously, from the calendar, ballots must be printed by 1 October.  That’s too late.  

http://www.sos.state.co.us/pub…

3 September is too late, because that’s the last day for the Secretary of State to send notice and certification of the General Election ballot to the

county clerks. (No later than 57 days before the General Election)

Could it be Tuesday, 24 August ?

That’s the last day for a write-in candidate to file an Affidavit of Intent for the General Election. (By the close of business on the 70th day before the General Election)

For some reason, I thought the last day was next Tuesday, 17 August, but I can’t find that written anywhere.  

DO I THINK ITS GOING TO HAPPEN ?

Yeah, that’s not what I’m getting at.  I just want to pin down the last possible date for the GOP to pull a switcheroo.

.

Comments

11 thoughts on “When is the DROP DEAD date, exactly, for the GOP to replace Maes ?

  1. You asked (didn’t you?): what’s the last date for the Republicans to get someone else’s name on the ballot.

    Of course, any candidate can drop out for any number of reasons anytime s/he wants–or under unforeseen circumstances–in which case, what happens? Can a party nominate a replacement as “the [party] candidate” and have votes for the former party candidate count in the replacement candidate’s favor, even though his/her name didn’t appear on the ballot?

  2. .

    C.R.S. 1-4-1002. (2.3) (a)

    A vacancy in a party nomination … that occurs after the day of the primary election and more than eighteen days before the general election may be filled by the respective party assembly vacancy committee … in accordance with the provisions of subsection (9) of this section.

    C.R.S. 1-4-1002. (2.3) (a.5)

    When a vacancy in a party nomination is filled pursuant to paragraph (a) of this subsection (2.3) before the designated election official has certified the ballot in accordance with section 1-5-203 (3) (a), the designated election official shall certify the name of the replacement candidate for the ballot.

    If the vacancy is filled after the SOS has certified the ballot, then the SOS has to print a sticker on the sample ballot furnished to election judges indicating the name of the replacement candidate.

    .

    1. .

      the deadline to put someone else’s name on the ballot is whenever the SOS has certified the ballot.

      That HAS TO BE DONE by 3 September, the last day allowed by law.  

      But if the SOS is a partisan (you think ?,) that can be accelerated to disadvantage the GOP.

      .

  3. A candidate can drop out at anytime and be replaced by his/her party’s vacancy mechanism at any time.

    The question then becomes will the name appear on the ballot on the not.

    Sept 3 is the final day that the SoS has to certify the content of the ballot. Once that is done, counties are free to start printing ballots.

    In theory, Maes’ replacement (if there were one) could be submitted to the SoS on the morning of the 3rd and and be included on the certification which typically is released near the end of the day. That, of course puts the SoS in a tight timing bind, but that is what the law allows.

    As for advance planning prior to the 3rd, the only thing that is spelled out is that members of the vacancy committee need 10 days notice of a meeting. If they met the evening of the 2nd, notice would have had to been given by Aug 23rd.

    The effective date of Maes’s resignation as the nominee is rather immaterial except it would have to be before the Sept 3rd certification.

    At least that is my reading of the statutes. In recent months, however, I have discovered the SoS’s office tends to read them in a language other than plain English.

    1. According to the SOS, a replacement candidate could miss the printed ballot deadline but still potentially make a deadline to be included on the electronic voting machines for early voting and Election Day voting. Not that this would do much if they didn’t also get on the mail ballot (since most votes will come by mail), but there is that possibility.

        1. If Maes withdraws and is replaced, votes casty from would go to the person who replaced him, whether or not that replacement’s name made it on to the printed ballot or not.

          Talk about confusing the voter! Kinda sounds like the shell game.

          1. another name in the early voting electronic machines, and a third makes it to the machines in time for election day. They can take turns being governor!

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