(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) (a) 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:
(I) 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.
(II) 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.
(III) 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.
(b) 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) (a) 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.
(b) 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) (a) 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.
(b) (I) 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.
(II) 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.
(III) 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.
(c) 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.
(d) 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.