Frequently Asked Questions About the SD33 Vacancy Committee Election

Senate District 33
 Vacancy Committee Election

The following information is subject to change.  Vacancy Committee members can expect to receive a "call to meeting" in the mail by May 2 with final proposed procedures to be adopted and implemented at the Vacancy Committee Election.

1. When and where is the Vacancy Committee Meeting taking place?
The Vacancy Committee Election is tentatively set for Monday, May 11 at 6:30 p.m.. The location is being determined. Check-in begins at 5:30pm. Vacancy Committee members are encouraged to check in and pick up their credentials before 6:00 PM.

 
2. Who may attend the meeting?
The Vacancy Committee Meeting is open to the public per state law [CRS 1-12-203 (3) (a)]. However, anyone who is neither a candidate at the meeting nor eligible to vote at the meeting will be asked to sit or stand in the back of the room to facilitate voting. We have room for an audience of about 100 in the back, in addition to the roughly 150 Vacancy Committee Members and candidates in the front.
 
3. Who is eligible to vote at the Meeting?
The Senate District 33 Vacancy Committee consists of the members of the Denver County Central Committee who live in the district. The Senate District 33 Vacancy Committee list has been filed with the Secretary of State in accordance with state law [CRS 1-3-103 (7)]. This list constitutes the eligible voting membership at the meeting on Monday, May 11, 2009.
 
4. Who is eligible to stand for election at the meeting?
To be eligible to stand for election at the Vacancy Committee Meeting, a candidate must
 
--Be at least 25 years old [Colorado Constitution Article V, Section 4]
--Be a United States citizen [Colorado Constitution Article V, Section 4]
--Have resided in Senate District 33 for at least 12 months prior to the Vacancy Committee Meeting [Colorado Constitution Article V, Section 4]
--Be a registered Democrat at the time of the Vacancy Committee Meeting [CRS 1-12-203 (3) (a)]
  
5. If I want to stand for election, what should I do?
Anyone wanting to stand for election at the Vacancy Committee Meeting should notify the Senate District 33 Chair in writing at chrismartinez80239@yahoo.com. Candidates should contact the secretary not later than 12 noon on Friday, May 8th  if they want their names to be pre-printed on the ballots to be used at the Vacancy Committee Meeting.
 
6. If I haven't notified the SD Chair beforehand, can I still stand for election?
Yes. Nominations may be made from the floor at the Vacancy Committee Meeting, and candidates may self-nominate or be nominated by another member of the Vacancy Committee. Seconds will be required. Either the nominator or the seconder must be a member of the SD33 Vacancy Committee, and both must be registered Democrats in SD33. Names of candidates nominated from the floor will have their names handwritten onto lines provided at the bottom of the pre-printed ballots by any members of the Vacancy Committee voting for them. There will be space provided at the bottom of the ballot for write-in candidates, who must be known to be eligible and willing to serve.
 
7. How will members of the Vacancy Committee be credentialed for voting?
A credentials committee will supervise check-in of members of the Vacancy Committee. Committee members will be given credentials to hang around their neck that will identify their eligibility to vote. No one without an appropriate credential will be permitted to vote. Members are encouraged to obtain their credentials by 6:00 PM so we may start the meeting on time.
 
8. How is a quorum established at the meeting?
At least 50% of the members of the Vacancy Committee must be present to constitute a quorum. [CRS 1-12-203 (3) (a)]
 
9. How will the election be conducted?
The election of Senator Groff’s replacement requires a majority vote of the Vacancy Committee members present and voting. [C.R.S. § 1-12-203(3)]. If no candidate receives a majority of the votes cast on the first ballot, the two candidates with the highest number of votes will be retained for a second ballot. Balloting will continue until one candidate receives a majority of the votes cast. No speeches by or on behalf of any candidate will be permitted between ballots. If five or more candidates are in the race, the three candidates with the highest numbers of votes in the first round will stay in for a second ballot.  If no candidate receives a majority in the second round the two candidates with the highest number of votes will stay in for a third ballot.  
 
10. How will the order of candidates’ names on the ballot be determined?
For the first ballot, the order of candidates who have notified the SD Chair of their intent to run by 12 noon on Friday May 8, 2009 will be determined by lot. Candidates who are nominated from the floor will not be able to have their names pre-printed on the ballot, but their names may be handwritten, on the lines provided at the bottom of the ballot, by any members of the Vacancy Committee wishing to vote for them.  For subsequent ballots, candidates’ names will be printed in alphabetical order.
 
11. If members of the Vacancy Committee cannot attend, may they vote by proxy?
No. Proxy in elections to fill a vacancy in the General Assembly is disallowed by state law [CRS 1-12-203 (3) (a)]. If members of the Vacancy Committee are unable to attend the meeting in person, they may not vote in the vacancy election. No "instructed ballots" will be permitted.
 
12. How will a winner be determined?
The winner of the Vacancy Committee election will be the candidate who wins a majority of the votes cast, 50% of the votes plus one vote. If a candidate wins a majority of the vote in the first round of voting, subsequent rounds of voting will not be conducted and that candidate will be declared the winner. [CRS 1-12-203 (3) (a)]
 
13. Will the voting be by secret ballot?
Members of the Vacancy Committee will vote by paper ballot and need not be observed by any other person while voting. However, pursuant to State Party Rules (Part Four. Article II.A.) all members of the Vacancy Committee must print and sign their names on their ballots. Ballots which are turned in without both a printed name and a signature will not be counted.
 
14. How will the ballots be counted?
Candidates, or observers on their behalf, may observe the tabulation of the ballots. Candidates or observers on their behalf may be asked to stand a reasonable distance back from the tabulators so the tabulators may conduct their work. Tabulators will need to talk with each other continuously during the count of the Stage One balloting, so observers are asked to watch quietly, to facilitate quick and accurate tabulation. Candidates or observers will not be permitted to make any written notes while observing the tabulation.
 
15. How much time will candidates have to address the meeting?
Before the first round of voting begins, each candidate will be permitted to address the members of the Vacancy Committee. The maximum period of time allotted to each candidate will be established by a vote of the members of the Vacancy Committee at the beginning of the meeting (at least five minutes and as much as ten minutes, depending on the number of candidates). Candidates who have notified the Senate Distric Chair of their intent to run not later than 12 noon on Friday, May 8th will speak in the order in which their names appear on the ballot, which order will be determined by lot, as described above in Question #10. Candidates who are nominated from the floor will speak in the order in which they were nominated, after all candidates who have notified the Senate District Chair in advance have spoken.
 
16. Will candidates be permitted to campaign at the meeting?
Yes, candidates will permitted to have signs, banners, handouts, fliers, etc at the meeting, subject to available space and other reasonable conditions determined by the Senate District 33 Chair. [If the location is at a church, no campaign materials are allowed outside the meeting room because a church is a 501(c)3 organization and therefore not allowed by law to campaign for candidates or political parties.] Please use only masking tape to affix posters and signs to the walls, and be sure to take them down before you leave. Candidates or their representatives will be permitted to arrive at the meeting location at 5:00 PM to set up their materials. After the election, help picking up trash and papers from the floors would be appreciated.
 
17. What will happen to the ballots after the election is over?
Ballots will be sealed and kept in a secure, locked location at the Colorado Democratic Party headquarters. 
 
18. How long will the elected Senator serve?
State law dictates that a candidate elected by a Vacancy Committee shall serve until the next general election. Although Senator Groff’s term does not expire until after the 2012 election, his vacated seat will go up for election in the 2010 general election. The winner of that election will serve two years to complete Senator Groff’s original term. In 2012, the seat will be up for a regular election for its normal four-year term. A candidate elected in the 2009 Vacancy Committee election could stand for re-election in 2010 and again in 2012, serving a maximum of seven years.
 

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