Colorado Secretary of State Issues Elections Order for CD-4 Congressional Vacancy Election

Denver, March 23, 2024 - Secretary of State Jena Griswold today issued Election Order 2024-01 (PDF), which specifies requirements for the congressional vacancy election in Congressional District 4 (CD-4) on June 25, 2024. The vacancy election takes place the same day as the State Primary.

“Today’s Election Order will help ensure Colorado’s counties in CD-4 run an accessible and secure election in compliance with state law,” said Secretary Griswold. “We look forward to Coloradans making their voices heard in this election.”

Election Order 2024-01 specifies that the vacancy election contest for CD-4 will appear on the same ballot as the State Primary election for Unaffiliated, Democratic, and Republican voters, and for minor party voters whose party is conducting a primary election. The CD-4 vacancy election contest will be the last race on Democratic, Republican, and applicable minor party ballots. Minor party voters whose party is not conducting a primary election will receive a ballot for the vacancy election. Unaffiliated voters will receive both Democratic and Republican ballots. These voters may only return one ballot.

Counties with voters in CD-4 are required to have specific numbers of VSPCs to be in legal compliance with Election Order 2024-01. All CD-4 voters will have 15 days of early voting available at at least one VSPC in their county beginning on June 10, 2024. This adds seven additional days of early voting for the CD-4 vacancy election on top of the statutory requirement of eight days of early voting during a state primary election. Counties with more than 10,000 CD-4 voters are required to have at least double the number of VSPCs than would normally be the case for a State Primary election by Election Day. Specific VSPC counts for CD-4 Counties are included in Election Order 2024-01. All counties within CD-4 must provide a separate instruction card in all mail ballot packets to voters located within CD-4 which explains the presence of the vacancy election on their ballot.

The CD-4 vacancy election is required by law as a result of Congressman Ken Buck’s resignation from Congress. Congressman Buck announced on March 12, 2024 that he would resign from Congress at the end of the day on March 22, 2024.

On March 23, 2024, Governor Polis issued an executive order announcing that the vacancy election would be held on June 25, 2024, the date already set by law for the 2024 Colorado state primary election.

To ensure compliance with the legal requirement that this vacancy election be conducted “as nearly as practicable in like manner as for general elections,” § 1-4-401(2), C.R.S, the Secretary sought counsel from county clerks, the Attorney General, legal representatives of political parties, and subject matter experts within the Department of State in setting Election Order 2024-01. The Secretary considered factors such as the feasibility of opening unplanned VSPCs, the ability of staffing election judges and election staff in more locations and during an extended timeframe, risks of voter confusion, unbudgeted county costs of conducting an unplanned election, among other factors.