The Independent View: Colorado Bill to Give Non Affiliated Voters New Primary Ballot Access

Thanks to Richard Winger of Ballot Access News for this post.

Colorado Representative Dominick Moreno (D-Commerce City) has introduced HB 1354.

Currently, Colorado lets Non-Affiliated Voters (independents) to vote in party primaries if the independent joins one of the parties on primary day. This bill includes these changes:

- Would still allow independent voters to vote in a major party primary by joining the party on primary day.

- Would allow independent voters to vote in a major party primary without joining the party.

- Allows minor parties to accept or decline the ability of independent voters to vote in their primary.

- If all or any major parties had uncontested primaries for an office, it would be left off the ballots.

- Provides that a special primary ballot just for independent voters would contain the names of all primary candidates with all candidates of each party being grouped together. An independent voter choosing that ballot could only vote for one candidate per office, but would be free to choose a Democrat for one office and a Republican for another office. It is not clear how the independent ballot will be formatted to satisfy the grouping candidates by party.

- Major parties that object to counting such ballots would be permitted to give up their primary entirely and nominate by convention.

This is a messy procedure for a absentee or mail ballot primary election, since the affiliation must occur before the mail ballot is sent out. Voters will need to indicate the type of ballot they want. Non-responding voters would receive an “unaffiliated ballot”, which would contain all candidates of all parties.

The ballot would also contain the notice:

“THE NOTICE MUST CLEARLY AND CONSPICUOUSLY ADVISE ELECTORS THAT ANY PRIMARY BALLOT CONTAINING VOTES FOR A CANDIDATE OF MORE THAN ONE POLITICAL PARTY SHALL NOT BE COUNTED.”

Colorado currently qualifies candidates for primary elections by convention, which are held before the primary. There is also a petition process for candidates who don’t receive the threshold level of support at the convention.

This would make it relatively simple for a party to switch to full nomination by convention. Switching to nomination by convention would not require an objection to the counting of votes by unaffiliated voters. It would be entirely at the discretion of the party.

This looks like a possible fusion concept. Taking the votes for the same candidate on different ballots and add their totals to determine which candidates get on the general election ballot.

I have been looking at this option, primary ballot with all candidates, for New York, which is a fusion state. We have 2,448,701 independents or "BLANKS" as they recorded on reports, who are excluded from primary voting in our closed primary state. The Independence Party or New York does have an option to open their primary to independents, as an option with party approval, for each primary.

CLICK HERE to read the bill.