reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 13.5 - COLORADO LOCAL GOVERNMENT ELECTION CODE (§§ 1-13.5-101 — 1-13.5-1601) › Part 14 - CONTESTS (§§ 1-13.5-1401 — 1-13.5-1408) › Section 1-13.5-1402 - District judge to preside - bond

(1)
All contested election cases of local government officers shall be tried and determined in the district court of the county in which the local government is located. If the territorial boundaries of a local government overlap wholly or partially with more than one county, the district court of either county has jurisdiction. The style and form of process, the manner of service of process and papers, the fees of officers, and judgment for costs and execution shall be according to the rules and practices of the district court.
(2)
Before the district court is required to take jurisdiction of the contest, the contestor must file with the clerk of the court a bond, with sureties, to be approved by the district judge, running to the contestee and conditioned to pay all costs in case of failure to maintain his or her contest.
Added by 2014 Ch. 2,§ 6, eff. 2/18/2014.
L. 2014: Entire article added, (HB 14-1164), ch. 2, p. 54, § 6, effective February 18.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 13.5 - COLORADO LOCAL GOVERNMENT ELECTION CODE (§§ 1-13.5-101 — 1-13.5-1601) › Part 14 - CONTESTS (§§ 1-13.5-1401 — 1-13.5-1408) › Section 1-13.5-1403 - Filing statement - contents

The contestor shall file in the office of the clerk of the district court, within ten days after the expiration of the period within which a recount may be requested pursuant to section
1-13.5-1306
, or within ten days after the conclusion of a recount conducted pursuant to section
1-13.5-1306
, whichever is later, a written statement of the contestor's intention to contest the election and setting forth the name of the contestor, that the contestor is an eligible elector of the local government, the name of the contestee, the office contested, the time of election, and the particular causes of the contest. The statement must be verified by the affidavit of the contestor that the causes set forth in the statement are true to the best of the affiant's knowledge and belief.
Amended by 2016 Ch. 313,§ 16, eff. 8/10/2016.
Added by 2014 Ch. 2,§ 6, eff. 2/18/2014.
L. 2014: Entire article added, (HB 14-1164), ch. 2, p. 55, § 6, effective February 18. L. 2016: Entire section amended, (HB 16-1442), ch. 313, p. 1270, § 16, effective August 10.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 13.5 - COLORADO LOCAL GOVERNMENT ELECTION CODE (§§ 1-13.5-101 — 1-13.5-1601) › Part 14 - CONTESTS (§§ 1-13.5-1401 — 1-13.5-1408) › Section 1-13.5-1404 - Summons - answer

(1)
If the clerk of the district court receives a statement as set forth in section
1-13.5-1403
, the clerk shall issue a summons in the ordinary form, naming the contestor as plaintiff and the contestee as defendant, stating the court in which the action is brought and a brief statement of the causes of contest, as set forth in the contestor's statement. The summons shall be served upon the contestee in the same manner as other summonses are served out of the district court.
(2)
The contestee, within ten days after the date of service of such summons, shall make and file an answer to the same with the clerk of the court in which the contestee shall either admit or specifically deny each allegation intended to be controverted by the contestee on the trial of such contest and shall set in that answer any counterstatement that he or she relies upon as entitling the contestee to the office to which he or she has been declared elected.
(3)
If the reception of illegal votes or the rejection of legal votes is alleged as the cause of the contest, a list of the persons who so voted or offered to vote must be set forth in the statement of the contestor and must be likewise set forth in the answer of the contestee if any such cause is alleged in his or her answer by way of counterstatement.
(4)
If the answer of the contestee contains new matter constituting a counterstatement, the contestor, within ten days after the filing of such answer, shall reply to the same, admitting or specifically denying, under oath, each allegation contained in such counterstatement intended by him or her to be controverted on the trial, and file the same in the office of the clerk of the district court.
Amended by 2016 Ch. 313,§ 17, eff. 8/10/2016.
Added by 2014 Ch. 2,§ 6, eff. 2/18/2014.
L. 2014: Entire article added, (HB 14-1164), ch. 2, p. 55, § 6, effective February 18. L. 2016: (3) amended, (HB 16-1442), ch. 313, p. 1270, § 17, effective August 10.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 13.5 - COLORADO LOCAL GOVERNMENT ELECTION CODE (§§ 1-13.5-101 — 1-13.5-1601) › Part 14 - CONTESTS (§§ 1-13.5-1401 — 1-13.5-1408) › Section 1-13.5-1405 - Trial and appeals

Immediately after the joining of issue, the district court shall fix a date for the trial to commence, which date shall not be more than twenty days nor less than ten days after the joining of issue. The trial takes precedence over all other business in the court. The testimony may be oral or by depositions taken before any officer authorized to take depositions. Any depositions taken to be used upon the trial of such contest may be taken upon four days' notice. The district judge shall cause the testimony to be taken in full and filed in the cause. The trial of such causes must be conducted according to the rules and practice of the district court. Such proceedings may be reviewed and finally adjudicated by the supreme court of this state, if application to that court is made by either party and if the supreme court is willing to assume jurisdiction of the case.
Added by 2014 Ch. 2,§ 6, eff. 2/18/2014.
L. 2014: Entire article added, (HB 14-1164), ch. 2, p. 55, § 6, effective February 18.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 13.5 - COLORADO LOCAL GOVERNMENT ELECTION CODE (§§ 1-13.5-101 — 1-13.5-1601) › Part 14 - CONTESTS (§§ 1-13.5-1401 — 1-13.5-1408) › Section 1-13.5-1406 - Recount

If, upon the trial of any contested election under this article, the statement or counterstatement sets forth an error in canvass sufficient to change the result, the trial judge has the power to conduct a recount of the ballots cast or the votes tabulated on the voting machines in the precinct where the alleged error was made. The court may also require the production of witnesses, documents, records, and other evidence as may have or may contain information regarding the legality of any vote cast or counted for either of the contesting candidates or the correct number of votes cast for either candidate and may correct the canvass in accordance with the evidence presented and its findings.
Added by 2014 Ch. 2,§ 6, eff. 2/18/2014.
L. 2014: Entire article added, (HB 14-1164), ch. 2, p. 56, § 6, effective February 18.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 13.5 - COLORADO LOCAL GOVERNMENT ELECTION CODE (§§ 1-13.5-101 — 1-13.5-1601) › Part 14 - CONTESTS (§§ 1-13.5-1401 — 1-13.5-1408) › Section 1-13.5-1407 - Judgment

The court shall pronounce judgment whether the contestee or any other person was duly elected. The person so declared elected is entitled to the office upon qualification. If the judgment is against the contestee and he or she has received his or her certificate, the judgment annuls it. If the court finds that no person was duly elected, the judgment will be that the election be set aside and that a vacancy exists.
Added by 2014 Ch. 2,§ 6, eff. 2/18/2014.
L. 2014: Entire article added, (HB 14-1164), ch. 2, p. 56, § 6, effective February 18.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 13.5 - COLORADO LOCAL GOVERNMENT ELECTION CODE (§§ 1-13.5-101 — 1-13.5-1601) › Part 14 - CONTESTS (§§ 1-13.5-1401 — 1-13.5-1408) › Section 1-13.5-1408 - Ballot questions and ballot issues - how contested

(1)
The results of an election on any ballot question or ballot issue may be contested in the manner provided by this part 14. The grounds for such contest are those grounds set forth in section
1-13.5-1401(1)(b), (1)(c), and (1)(d)
. The contestee is the appropriate election official. In addition to other matters required to be set forth by this part 14, the statement of intention to contest the election must set forth the question contested.
(2)
Any contest arising out of a ballot issue or ballot question concerning the order on the ballot or concerning whether the form or content of any ballot title meets the requirements of section 20 of article X of the state constitution must be conducted as provided in section
1-11-203.5
.
(3)
The result of an election on any ballot issue approving the creation of any debt or other financial obligation may be contested in the manner provided by this part 14. The grounds for such contest are those grounds set forth in sections
1-11-201(4)
and
1-13.5-1401(1)(b), (1)(c), and (1)(d)
. The contestee is the local government for which the ballot issue was decided.
Added by 2014 Ch. 2,§ 6, eff. 2/18/2014.
L. 2014: Entire article added, (HB 14-1164), ch. 2, p. 56, § 6, effective February 18.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 13.5 - COLORADO LOCAL GOVERNMENT ELECTION CODE (§§ 1-13.5-101 — 1-13.5-1601) › Part 15 - OTHER JUDICIAL PROCEEDINGS (§ 1-13.5-1501) › Section 1-13.5-1501 - Controversies

(1)
When any controversy arises between any official charged with any duty or function under this article and any candidate or other person, the district court, upon the filing of a verified petition by any such official or person setting forth in concise form the nature of the controversy and the relief sought, shall issue an order commanding the respondent in the petition to appear before the court and answer under oath to the petition. It is the duty of the court to summarily hear and dispose of any such issues, with a view to obtaining a substantial compliance with this article by the parties to the controversy, and to make and enter orders and judgments and to follow the procedures of the court to enforce all such orders and judgments.
(2)
The proceedings may be reviewed and finally adjudicated by the supreme court of this state, if application to that court is made within five days after the termination by the court in which the petition was filed and if the supreme court is willing to assume jurisdiction of the case.
Added by 2014 Ch. 2,§ 6, eff. 2/18/2014.
L. 2014: Entire article added, (HB 14-1164), ch. 2, p. 57, § 6, effective February 18.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 13.5 - COLORADO LOCAL GOVERNMENT ELECTION CODE (§§ 1-13.5-101 — 1-13.5-1601) › Part 16 - ELECTION OFFENSES (§ 1-13.5-1601) › Section 1-13.5-1601 - Applicability of criminal penalties

Notwithstanding any provision of law to the contrary, except for parts 2 and 3 of article
13
of this title, election offenses and penalties described under article
13
of this title apply to elections conducted under this article.
Amended by 2016 Ch. 210,§ 6, eff. 6/6/2016.
Added by 2014 Ch. 2,§ 6, eff. 2/18/2014.
L. 2014: Entire article added, (HB 14-1164), ch. 2, p. 57, § 6, effective February 18. L. 2016: Entire section amended, (SB 16-189), ch. 210, p. 754, § 6, effective June 6.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 14 - [Repealed] AFFILIATION, DESIGNATION, NOMINATION OF CANDIDATES (§ 1-14-101) › Section 1-14-101 - to 1-14-301 - [Repealed]

L. 80: Entire article repealed, p. 418, § 38, effective 1/1/1981.
This article was numbered as articles 5, 6, and 7 of chapter 49, C.R.S. 1963.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 15 - [Repealed] PRIMARY ELECTIONS (§ 1-15-101) › Section 1-15-101 - to 1-15-110 - [Repealed]

L. 80: Entire article repealed, p. 418, § 38, effective 1/1/1981.
This article was numbered as article 8 of chapter 49, C.R.S. 1963.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 16 - [Repealed] GENERAL ELECTIONS (§ 1-16-101) › Section 1-16-101 - to 1-16-108 - [Repealed]

L. 80: Entire article repealed, p. 418, § 38, effective 1/1/1981.
This article was numbered as article 2 of chapter 49, C.R.S. 1963.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 17 - [Repealed] PRESIDENTIAL ELECTORS (§ 1-17-101) › Section 1-17-101 - and 1-17-102 - [Repealed]

L. 80: Entire article repealed, p. 418, § 38, effective 1/1/1981.
This article was numbered as article 20 of chapter 49, C.R.S. 1963.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › OTHER ELECTION OFFENSES (§ 1-30-101) › Article 30 - [Repealed] Other Election Offenses (§ 1-30-101) › Section 1-30-101 - to 1-30-134 - [Repealed]

L. 80: Entire article repealed, p. 439, § 7, effective 1/1/1981.
This article was numbered as article 23 of chapter 49, C.R.S. 1963.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › INITIATIVE AND REFERENDUM (§§ 1-40-101 — 1-40-136) › Article 40 - INITIATIVE AND REFERENDUM (§§ 1-40-101 — 1-40-136) › Section 1-40-103 - Applicability of article

(1)
This article shall apply to all state ballot issues that are authorized by the state constitution unless otherwise provided by statute, charter, or ordinance.
(2)
The laws pertaining to municipal initiatives, referenda, and referred measures are governed by the provisions of article
11
of title
31
, C.R.S.
(3)
The laws pertaining to county petitions and referred measures are governed by the provisions of section
30-11-103.5
, C.R.S.
(4)
The laws pertaining to school district petitions and referred measures are governed by the provisions of section
22-30-104(4)
, C.R.S.
L. 93: Entire article amended with relocations, p. 677, § 1, effective May 4. L. 95: Entire section amended, p. 431, § 3, effective May 8. L. 96: (3) and (4) added, p. 1765, § 53, effective July 1.
Provisions of the former § 1-40-103 were relocated in 1993.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › INITIATIVE AND REFERENDUM (§§ 1-40-101 — 1-40-136) › Article 40 - INITIATIVE AND REFERENDUM (§§ 1-40-101 — 1-40-136) › Section 1-40-104 - Designated representatives

At the time of any filing of a draft as provided in this article, the proponents shall designate the names and mailing addresses of two persons who shall represent the proponents in all matters affecting the petition and to whom all notices or information concerning the petition shall be mailed.
L. 93: Entire article amended with relocations, p. 677, § 1, effective May 4.
The former § 1-40-104 was relocated to §
1-40-108(1)
in 1993.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › INITIATIVE AND REFERENDUM (§§ 1-40-101 — 1-40-136) › Article 40 - INITIATIVE AND REFERENDUM (§§ 1-40-101 — 1-40-136) › Section 1-40-108 - Petition - time of filing

(1)
No petition for any ballot issue is of any effect unless filed with the secretary of state within six months from the date that the titles and submission clause have been fixed and determined pursuant to the provisions of sections
1-40-106
and
1-40-107
and unless filed with the secretary of state no later than three months before the election at which it is to be voted upon. A petition for a ballot issue for the election to be held in November of odd-numbered years must be filed with the secretary of state no later than three months before such odd-year election. All filings under this section must be made by the close of business on the day of filing.
(2)
(Deleted by amendment, L. 95, p. 433, § 6, effective May 8, 1995.)
Amended by 2021 Ch. 282, § 70, eff. 6/21/2021.
L. 93: Entire article amended with relocations, p. 682, § 1, effective May 4; (1) amended, p. 1437, § 127, effective July 1. L. 95: Entire section amended, p. 433, § 6, effective May 8. L. 2000: (1) amended, p. 1622, § 6, effective August 2. L. 2009: (1) amended, (HB 09-1326), ch. 1171, p. 1171, § 6, effective May 15.
(1) This section is similar to former § 1-40-104 as it existed prior to 1993, and the former § 1-40-108 was relocated to §
1-40-115
.
(2) Section 85 of chapter 282 (SB 21-250), Session Laws of Colorado 2021, provides that the act changing this section applies to elections conducted on or after June 21, 2021.
For computation of time under the "Uniform Election Code of 1992", articles 1 to 13 of this title, see § 1-1-106 ; for computation of time under the statutes generally, see § 2-4-108 .
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › INITIATIVE AND REFERENDUM (§§ 1-40-101 — 1-40-136) › Article 40 - INITIATIVE AND REFERENDUM (§§ 1-40-101 — 1-40-136) › Section 1-40-109 - Signatures required - withdrawal

(1)
(a)
No petition for any initiated law is of any force or effect, nor shall the proposed law be submitted to the people of the state of Colorado for adoption or rejection at the polls, as is by law provided for, unless the petition for the submission of the initiated law is signed by the number of registered electors required by section 1 (2) of article V of the state constitution.
(b)
No petition for any initiated amendment to the state constitution is of any force or effect, nor shall the initiated amendment to the state constitution be submitted to the people of the state of Colorado for adoption or rejection at the polls, as is by law provided for, unless the petition for the submission of the initiated amendment to the state constitution is signed by the number of registered electors required by the state constitution who reside in each state senate district in Colorado, so long as the total number of registered electors who have signed the petition is at least the number of registered electors required by section 1 (2) of article V of the state constitution. For purposes of this subsection (1)(b), the number and boundaries of the state senate districts are those in existence, and the number of registered electors in the state senate districts is those registered, at the time the form of the petition is approved for circulation in accordance with section
1-40-113 (1)(a)
.
(2)
(Deleted by amendment, L. 95, p. 433, § 7, effective May 8, 1995.)
(3)
Any person who is a registered elector may sign a petition for any ballot issue for which the elector is eligible to vote. A registered elector who signs a petition may withdraw his or her signature from the petition by filing a written request for such withdrawal with the secretary of state at any time on or before the day that the petition is filed with the secretary of state.
Amended by 2017 Ch. 169, § 3, eff. 8/9/2017.
L. 93: Entire article amended with relocations, p. 682, § 1, effective May 4. L. 94: (2) amended, p. 1180, § 73, effective July 1. L. 95: (2) and (3) amended, p. 433, § 7, effective May 8. L. 2009: (3) amended, (HB 09 -1326), ch. 258, p. 1172, § 7, effective May 15. L. 2017: (1) amended, (SB 17-152), ch. 169, p. 617, § 3, effective August 9.
This section is similar to former § 1-40-105 as it existed prior to 1993, and the former § 1-40-109 was relocated.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › INITIATIVE AND REFERENDUM (§§ 1-40-101 — 1-40-136) › Article 40 - INITIATIVE AND REFERENDUM (§§ 1-40-101 — 1-40-136) › Section 1-40-110 - Warning - ballot title

(1)
At the top of each page of every initiative or referendum petition section shall be printed, in a form as prescribed by the secretary of state, the following:
WARNING:
IT IS AGAINST THE LAW:
For anyone to sign any initiative or referendum petition with any name other than his or her own or to knowingly sign his or her name more than once for the same measure or to knowingly sign a petition when not a registered elector who is eligible to vote on the measure.
DO NOT SIGN THIS PETITION UNLESS YOU ARE A REGISTERED ELECTOR AND ELIGIBLE TO VOTE ON THIS MEASURE. TO BE A REGISTERED ELECTOR, YOU MUST BE A CITIZEN OF COLORADO AND REGISTERED TO VOTE.
Before signing this petition, you are encouraged to read the text or the title of the proposed initiative or referred measure.
You are also encouraged to read the fiscal summary that is included at the beginning of this petition.
By signing this petition, you are indicating that you want this measure to be included on the ballot as a proposed change to the (Colorado constitution/Colorado Revised Statutes). If a sufficient number of registered electors sign this petition, this measure will appear on the ballot at the November (year) election.
(2)
The ballot title for the measure shall then be printed on each page following the warning.
(3)
For a petition section for a measure to be valid, the fiscal summary prepared in accordance with section
1-40-105.5
must be printed on the first page of an initiative petition section.
Amended by 2020 Ch. 232, § 4, eff. 11/1/2020.
Amended by 2015 Ch. 198, § 5, eff. 3/26/2016.
L. 93: Entire article amended with relocations, p. 682, § 1, effective May 4. L. 95: IP(1) amended, p. 433, § 8, effective May 8. L. 2000: (1) amended, p. 1622, § 7, effective August 2. L. 2009: (1) amended, (HB 09-1326), ch. 1172, p. 1172, § 8, effective May 15. L. 2015: (1) amended and (3) added, (HB 15-1057), ch. 678, p. 678, § 5, effective 3/26/2016. L. 2020: (1) and (3) amended, (HB 20-1416), ch. 1126, p. 1126, § 4, effective November 1.
This section is similar to former § 1-40-106 as it existed prior to 1993, and the former § 1-40-110 was relocated to §
1-40-121(1)
.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › INITIATIVE AND REFERENDUM (§§ 1-40-101 — 1-40-136) › Article 40 - INITIATIVE AND REFERENDUM (§§ 1-40-101 — 1-40-136) › Section 1-40-112 - Circulators - requirements - training

(1)
No person shall circulate a petition for an initiative or referendum measure unless the person is a citizen of the United States and at least eighteen years of age at the time the petition is circulated.
(2)
(a)
A circulator who is not to be paid for circulating a petition concerning a ballot issue shall display an identification badge that includes the words "VOLUNTEER CIRCULATOR" in bold-faced type that is clearly legible.
(b)
A circulator who is to be paid for circulating a petition concerning a ballot issue shall display an identification badge that includes the words "PAID CIRCULATOR" in bold-faced type that is clearly legible and the name and telephone number of the individual employing the circulator.
(3)
The secretary of state shall develop circulator training programs for paid and volunteer circulators. Such programs shall be conducted in the broadest, most cost-effective manner available to the secretary of state, including but not limited to training sessions for persons associated with the proponents or a petition entity, as defined in section
1-40-135(1)
, and by electronic and remote access. The proponents of an initiative petition or the representatives of a petition entity shall inform paid and volunteer circulators of the availability of these training programs as one manner of complying with the requirement set forth in the circulator's affidavit that a circulator read and understand the laws pertaining to petition circulation.
(4)
Repealed.
Amended by 2018 Ch. 113,§ 3, eff. 8/8/2018.
L. 93: Entire article amended with relocations, p. 684, § 1, effective May 4. L. 2007: Entire section amended, p. 1982, § 35, effective August 3. L. 2009: (3) and (4) added, (HB 09-1326), ch. 258, p. 1174, §10, effective July 1. L. 2018: (1) amended and (4) repealed, (HB 18-1145), ch. 113, p. 808, § 3, effective August 8.
(1) Subsection (1) is similar to former § 1-40-106 (3) as it existed prior to 1993, and the former § 1-40-112 was relocated to §
1-40-122(1)
.
(2) In Independence Institute v. Gessler, 936 F. Supp. 2d 1256 (D. Colo. 2013), the United States District Court for the District of Colorado found subsection (4) of this section unconstitutional under the First Amendment of the United States Constitution and permanently enjoined the Colorado Secretary of State from enforcing subsection (4) and any ancillary provision that enforces subsection (4), namely, sections
1-40-135
and
1-40-121
, to the extent those sections apply to the restrictions on per-signature compensation.
For the legislative declaration in HB 18-1145, see section 1 of chapter 113, Session Laws of Colorado 2018.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › INITIATIVE AND REFERENDUM (§§ 1-40-101 — 1-40-136) › Article 40 - INITIATIVE AND REFERENDUM (§§ 1-40-101 — 1-40-136) › Section 1-40-114 - Petitions - not election materials - no bilingual language requirement

The general assembly hereby determines that initiative petitions are not election materials or information covered by the federal "Voting Rights Act of 1965", and therefore are not required to be printed in any language other than English to be circulated in any county in Colorado.
L. 93: Entire article amended with relocations, p. 685, § 1, effective May 4.
This section is similar to former § 1-40-107.5(3) as it existed prior to 1993, and the former § 1-40-114 was relocated.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › INITIATIVE AND REFERENDUM (§§ 1-40-101 — 1-40-136) › Article 40 - INITIATIVE AND REFERENDUM (§§ 1-40-101 — 1-40-136) › Section 1-40-117 - Statement of sufficiency - cure

(1)
After examining the petition:
(a)
If the petition proposes a law, the secretary of state shall issue a statement as to whether a sufficient number of valid signatures appears to have been submitted to certify the petition to the ballot; or
(b)
If the petition proposes an amendment to the state constitution, the secretary of state shall issue a statement as to whether a sufficient number of valid signatures from each state senate district and a sufficient total number of valid signatures appear to have been submitted to certify the petition to the ballot.
(2)
If the petition proposes an initiated law and was validated by random sample, the statement must contain the total number of signatures submitted and whether the number of signatures presumed valid was ninety percent of the required total or less or one hundred ten percent of the required total or more.
(3)
(a)
If the secretary declares that the petition appears not to have a sufficient number of valid signatures, the statement issued by the secretary must specify the number of sufficient and insufficient signatures. The secretary shall identify by section number and line number within the section those signatures found to be insufficient and the grounds for the insufficiency. Such information shall be kept on file for public inspection in accordance with section
1-40-118
.
(b)
Repealed.
(4)
During the review of a petition, the secretary of state shall notify the designated representatives of the proponents of any errors and insufficiencies regarding circulator affidavits. Upon the receipt of such a notification, the designated representatives of the proponents have five calendar days from the date of receipt of the notice to cure the errors and insufficiencies described in the notice. To cure a circulator affidavit, the designated representative of the proponents must provide the secretary of state with a new circulator affidavit that corrects the errors of the previously submitted affidavit.
Amended by 2021 Ch. 282,§ 73, eff. 6/21/2021.
Amended by 2017 Ch. 169,§ 6, eff. 8/9/2017.
L. 93: Entire article amended with relocations, p. 687, § 1, effective May 4. L. 2009: (3)(b) amended, (HB 09-1326), ch. 1176, p. 1176, § 13, effective May 15. L. 2011: (3)(b) amended, (HB 11-1072), ch. 1104, p. 1104, § 5, effective August 10. L. 2017: Entire section amended, (SB 17-152), ch. 619, p. 619, § 6, effective August 9.
(1) This section is similar to former § 1-40-109 as it existed prior to 1993.
(2) Section 85 of chapter 282 (SB 21-250), Session Laws of Colorado 2021, provides that the act changing this section applies to elections conducted on or after June 21, 2021.
For the legislative declaration in the 2011 act amending subsection (3)(b), see section 1 of chapter 255, Session Laws of Colorado 2011.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › INITIATIVE AND REFERENDUM (§§ 1-40-101 — 1-40-136) › Article 40 - INITIATIVE AND REFERENDUM (§§ 1-40-101 — 1-40-136) › Section 1-40-119 - Procedure for hearings

At any hearing held under this article, the party protesting the finding of the secretary of state concerning the sufficiency of signatures shall have the burden of proof. Hearings shall be had as soon as is conveniently possible and shall be concluded within thirty days after the commencement thereof, and the result of such hearings shall be forthwith certified to the designated representatives of the signers and to the protestors of the petition. The hearing shall be subject to the provisions of the Colorado rules of civil procedure. Upon application, the decision of the court shall be reviewed by the Colorado supreme court.
L. 93: Entire article amended with relocations, p. 689, § 1, effective May 4. L. 95: Entire section amended, p. 436, § 14, effective May 8.
This section is similar to former § 1-40-109 (2)(a) as it existed prior to 1993, and the former § 1-40-119 was relocated to §
1-40-132(1)
.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › INITIATIVE AND REFERENDUM (§§ 1-40-101 — 1-40-136) › Article 40 - INITIATIVE AND REFERENDUM (§§ 1-40-101 — 1-40-136) › Section 1-40-120 - Filing in federal court

In case a complaint has been filed with the federal district court on the grounds that a petition is insufficient due to failure to comply with any federal law, rule, or regulation, the petition may be withdrawn by the two persons designated pursuant to section
1-40-104
to represent the signers of the petition and, within fifteen days after the court has issued its order in the matter, may be amended and refiled as an original petition. Nothing in this section shall prohibit the timely filing of a protest to any original petition, including one that has been amended and refiled. No person shall be entitled, pursuant to this section, to amend an amended petition.
L. 93: Entire article amended with relocations, p. 689, § 1, effective May 4.
This section is similar to former § 1-40-109 (2)(b) as it existed prior to 1993.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › INITIATIVE AND REFERENDUM (§§ 1-40-101 — 1-40-136) › Article 40 - INITIATIVE AND REFERENDUM (§§ 1-40-101 — 1-40-136) › Section 1-40-122 - Certification of ballot titles

(1)
The secretary of state, at the time the secretary of state certifies to the county clerk and recorder of each county the names of the candidates for state and district offices for general election, shall also certify to them the ballot titles and numbers of each initiated and referred measure filed in the office of the secretary of state to be voted upon at such election.
(2)
Repealed.
L. 93: Entire article amended with relocations, p. 690, § 1, effective May 4. L. 95: (2) repealed, p. 436, § 16, effective May 8.
Subsection (1) is similar to former § 1-40-112 as it existed prior to 1993.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › INITIATIVE AND REFERENDUM (§§ 1-40-101 — 1-40-136) › Article 40 - INITIATIVE AND REFERENDUM (§§ 1-40-101 — 1-40-136) › Section 1-40-123 - Counting of votes - effective date - conflicting provisions

(1)
The votes on all measures submitted to the people shall be counted and properly entered after the votes for candidates for office cast at the same election are counted and shall be counted, canvassed, and returned and the result determined and certified in the manner provided by law concerning other elections. The secretary of state who has certified the election shall, without delay, make and transmit to the governor a certificate of election. The measure takes effect from and after the date of the official declaration of the vote by proclamation of the governor, but not later than thirty days after the votes have been canvassed, as provided in section 1 of article V of the state constitution.
(2)
A majority of the votes cast thereon adopts any measure submitted for a proposed law, and, in case of adoption of conflicting provisions, the one that receives the greatest number of affirmative votes prevails in all particulars as to which there is a conflict.
(3)
At least fifty-five percent of the votes cast thereon adopts any measure submitted for an amendment to the state constitution; except that a majority of the votes cast thereon adopts any measure submitted for an amendment to the state constitution that only repeals in whole or in part any provision of the state constitution. In the case of adoption of conflicting provisions, the one that receives the greatest number of affirmative votes prevails in all particulars as to which there is a conflict.
Amended by 2017 Ch. 169,§ 7, eff. 8/9/2017.
L. 93: Entire article amended with relocations, p. 691, § 1, effective May 4. L. 95: Entire section amended, p. 436, § 17, effective May 8. L. 2017: Entire section amended, (SB 17-152), ch. 169, p. 620, § 7, effective August 9.
This section is similar to former § 1-40-113 as it existed prior to 1993.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › INITIATIVE AND REFERENDUM (§§ 1-40-101 — 1-40-136) › Article 40 - INITIATIVE AND REFERENDUM (§§ 1-40-101 — 1-40-136) › Section 1-40-125 - Mailing to electors

(1)
The requirements of this section shall apply to any ballot issue involving a local government matter arising under section 20 of article X of the state constitution, as defined in section
1-41-103(4)
, for which notice is required to be mailed pursuant to section 20 (3)(b) of article X of the state constitution. A mailing is not required for a ballot issue that does not involve a local government matter arising under section 20 of article X of the state constitution, as defined in section
1-41-103(4)
.
(2)
Thirty days before a ballot issue election, political subdivisions shall mail at the least cost and as a package where districts with ballot issues overlap, a titled notice or set of notices addressed to "all registered voters" at each address of one or more active registered electors. Except for voter-approved additions, notices shall include only:
(a)
The election date, hours, ballot title, text, and local election office address and telephone number;
(b)
For proposed district tax or bonded debt increases, the estimated or actual total of district fiscal year spending for the current year and each of the past four years, and the overall percentage and dollar change;
(c)
For the first full fiscal year of each proposed political subdivision tax increase, district estimates of the maximum dollar amount of each increase and of district fiscal year spending without the increase;
(d)
For proposed district bonded debt, its principal amount and maximum annual and total district repayment cost, and the principal balance of total current district bonded debt and its maximum annual and remaining local district repayment cost;
(e)
Two summaries, up to five hundred words each, one for and one against the proposal, of written comments filed with the election officer by thirty days before the election. No summary shall mention names of persons or private groups, nor any endorsements of or resolutions against the proposal. Petition representatives following these rules shall write this summary for their petition. The election officer shall maintain and accurately summarize all other relevant written comments.
(3)
The provisions of this section shall not apply to a ballot issue that is subject to the provisions of section
1-40-124.5
.
L. 93: Entire article amended with relocations, p. 692, § 1, effective May 4; (1) amended, p. 1437, § 128, effective July 1. L. 2000: (1) and IP(2) amended and (3) added, p. 299, § 5, effective August 2.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › INITIATIVE AND REFERENDUM (§§ 1-40-101 — 1-40-136) › Article 40 - INITIATIVE AND REFERENDUM (§§ 1-40-101 — 1-40-136) › Section 1-40-126 - Explanation of effect of "yes/for" or "no/against" vote included in notices provided by mailing or publication

In any notice to electors provided by the director of research of the legislative council, whether by mailing pursuant to section
1-40-124.5
or publication pursuant to section
1-40-124
, there shall be included the following explanation preceding any information about individual ballot issues: "A 'yes/for' vote on any ballot issue is a vote in favor of changing current law or existing circumstances, and a 'no/against' vote on any ballot issue is a vote against changing current law or existing circumstances."
L. 93: Entire article amended with relocations, p. 692, § 1, effective May 4. L. 2000: Entire section amended, p. 299, § 6, effective August 2. L. 2012: Entire section amended, (HB 12-1089), ch. 70, p. 243, § 4, effective 1/1/2013.
This section is similar to former §
1-40-114(3)
, which was added by House Bill 93-1155. (See L. 93, p. 266 .)
For the legislative declaration in the 2012 act amending this section, see section 1 of chapter 70, Session Laws of Colorado 2012.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › INITIATIVE AND REFERENDUM (§§ 1-40-101 — 1-40-136) › Article 40 - INITIATIVE AND REFERENDUM (§§ 1-40-101 — 1-40-136) › Section 1-40-126.5 - Explanation of ballot titles and actual text of measures in notices provided by mailing or publication

(1)
In any notice to electors provided by the director of research of the legislative council, whether in the ballot information booklet prepared pursuant to section
1-40-124.5
or by publication pursuant to section
1-40-124
, there shall be included the following explanation preceding the title of each measure:
(a)
For referred measures: "The ballot title below is a summary drafted by the professional legal staff for the general assembly for ballot purposes only. The ballot title will not appear in the (Colorado constitution/Colorado Revised Statutes). The text of the measure that will appear in the (Colorado constitution/Colorado Revised Statutes) below was referred to the voters because it passed by a (two-thirds majority/majority) vote of the state senate and the state house of representatives."
(b)
For initiated measures: "The ballot title below is a summary drafted by the professional staff of the offices of the secretary of state, the attorney general, and the legal staff for the general assembly for ballot purposes only. The ballot title will not appear in the (Colorado constitution/Colorado Revised Statutes). The text of the measure that will appear in the (Colorado constitution/Colorado Revised Statutes) below was drafted by the proponents of the initiative. The initiated measure is included on the ballot as a proposed change to current law because the proponents gathered the required amount of petition signatures."
L. 2011: Entire section added, (HB 11-1035), ch. 25, p. 63, §1, effective March 17.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › INITIATIVE AND REFERENDUM (§§ 1-40-101 — 1-40-136) › Article 40 - INITIATIVE AND REFERENDUM (§§ 1-40-101 — 1-40-136) › Section 1-40-127 - [Repealed]

L. 93: Entire article amended with relocations, p. 692, § 1, effective May 4. L. 95: Entire section repealed, p. 437, § 19, effective May 8.
For current provisions relating to municipal government ordinances, their effective dates, and related referendums, see §31-11-105.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › INITIATIVE AND REFERENDUM (§§ 1-40-101 — 1-40-136) › Article 40 - INITIATIVE AND REFERENDUM (§§ 1-40-101 — 1-40-136) › Section 1-40-128 - [Repealed]

L. 93: Entire article amended with relocations, p. 693, § 1, effective May 4. L. 95: Entire section repealed, p. 438, § 20, effective May 8.
For current provisions relating to proposing municipal government ordinances and conflicting measures, see §31-11-104.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › INITIATIVE AND REFERENDUM (§§ 1-40-101 — 1-40-136) › Article 40 - INITIATIVE AND REFERENDUM (§§ 1-40-101 — 1-40-136) › Section 1-40-129 - [Repealed]

L. 93: Entire article amended with relocations, p. 694, § 1, effective May 4. L. 95: Entire section repealed, p. 438, § 21, effective May 8.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › INITIATIVE AND REFERENDUM (§§ 1-40-101 — 1-40-136) › Article 40 - INITIATIVE AND REFERENDUM (§§ 1-40-101 — 1-40-136) › Section 1-40-131 - Tampering with initiative or referendum petition

Any person who willfully destroys, defaces, mutilates, or suppresses any initiative or referendum petition or who willfully neglects to file or delays the delivery of the initiative or referendum petition or who conceals or removes any initiative or referendum petition from the possession of the person authorized by law to have the custody thereof, or who adds, amends, alters, or in any way changes the information on the petition as provided by the elector, or who aids, counsels, procures, or assists any person in doing any of said acts upon conviction shall be punished as provided in section
1-13-111
. The language in this section does not preclude a circulator from striking a complete line on the petition if the circulator believes the line to be invalid.
Amended by 2021 Ch. 462,§ 49, eff. 3/1/2022.
L. 93: Entire article amended with relocations, p. 695, § 1, effective May 4.
(1) This section is similar to former § 1-40-118.5 as it existed prior to 1993.
(2) Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › INITIATIVE AND REFERENDUM (§§ 1-40-101 — 1-40-136) › Article 40 - INITIATIVE AND REFERENDUM (§§ 1-40-101 — 1-40-136) › Section 1-40-132 - Enforcement

(1)
The secretary of state is charged with the administration and enforcement of the provisions of this article relating to initiated or referred measures and state constitutional amendments. The secretary of state shall have the authority to promulgate rules as may be necessary to administer and enforce any provision of this article that relates to initiated or referred measures and state constitutional amendments. The secretary of state may conduct a hearing, upon a written complaint by a registered elector, on any alleged violation of the provisions relating to the circulation of a petition, which may include but shall not be limited to the preparation or signing of an affidavit by a circulator. If the secretary of state, after the hearing, has reasonable cause to believe that there has been a violation of the provisions of this article relating to initiated or referred measures and state constitutional amendments, he or she shall notify the attorney general, who may institute a criminal prosecution. If a circulator is found to have violated any provision of this article or is otherwise shown to have made false or misleading statements relating to his or her section of the petition, such section of the petition shall be deemed void.
(2)
(Deleted by amendment, L. 95, p. 439, § 22, effective May 8, 1995.)
L. 93: Entire article amended with relocations, p. 695, § 1, effective May 4. L. 95: Entire section amended, p. 439, § 22, effective May 8.
Subsection (1) is similar to former § 1-40-119 as it existed prior to 1993.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › INITIATIVE AND REFERENDUM (§§ 1-40-101 — 1-40-136) › Article 40 - INITIATIVE AND REFERENDUM (§§ 1-40-101 — 1-40-136) › Section 1-40-133 - Retention of petitions

After a period of three years from the time of submission of the petitions to the secretary of state, if it is determined that the retention of the petitions is no longer necessary, the secretary of state may destroy the petitions.
L. 93: Entire article amended with relocations, p. 696, § 1, effective May 4. L. 95: Entire section amended, p. 439, § 23, effective May 8.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › INITIATIVE AND REFERENDUM (§§ 1-40-101 — 1-40-136) › Article 40 - INITIATIVE AND REFERENDUM (§§ 1-40-101 — 1-40-136) › Section 1-40-134 - Withdrawal of initiative petition

The designated representatives of the proponents of an initiative petition may withdraw the petition from consideration as a ballot issue by filing a letter with the secretary of state requesting that the petition not be placed on the ballot. The letter shall be signed and acknowledged by both designated representatives before an officer authorized to take acknowledgments and shall be filed no later than sixty days prior to the election at which the initiative is to be voted upon.
L. 98: Entire section added, p. 632, § 1, effective May 6. L. 2009: Entire section amended, (HB 09-1326), ch. 258, p. 1179, §17, effective May 15.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › INITIATIVE AND REFERENDUM (§§ 1-40-101 — 1-40-136) › Article 40 - INITIATIVE AND REFERENDUM (§§ 1-40-101 — 1-40-136) › Section 1-40-136 - [Repealed]

Repealed by 2024 Ch. 468,§ 48, eff. 6/6/2024.
Added by 2020 Ch. 227, § 1, eff. 7/2/2020.
L. 2020: Entire section added, (SB 20-209), ch. 1109, p. 1109, § 1, effective July 2.