Sen. Rachel Zenzinger, D-Arvada; Rep. Dan Thurlow, R-Grand Junction
Each year, the Statutory Revision Committee solicits statutory clean-up ideas. This year, the municipal clerks brought forward an idea to remove three unnecessary subsections in the Municipal Election Code of 1965 (Title 31, Article 10) regarding the nominating committee process for dealing with vacancies in nomination when a potential municipal election official withdraws from candidacy. Such a vacancy occurs when someone decides, after filing a nomination petition and having that petition certified, that he/she no longer wishes to run for municipal office. The statutes provide that if a vacancy committee has been designated on the petition (this is a “may” designate, rather than “must/shall”), then that committee is notified of the candidate’s withdrawal. However, the statute does not require the vacancy committee to fill that vacancy (and, to our knowledge, a committee filling a vacant nomination has never happened). These provisions are probably modeled after state partisan vacancy committees, the purpose of which is to actually vote on someone to fill a vacancy, whether in nomination or in office. The statutory nomination committee process for municipal candidate petitions is an unused process and causes confusion for both municipal clerks and candidates.