reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › MUNICIPAL ELECTIONS (§§ 31-10-101 — 31-11-118) › Article 10 - MUNICIPAL ELECTION CODE (§§ 31-10-101 — 31-10-1540) › Part 15 - ELECTION OFFENSES (§§ 31-10-1501 — 31-10-1540) › Section 31-10-1530 - Altering posted abstract of votes

Any person who defaces, mutilates, alters, or unlawfully removes the abstract of votes posted outside of a polling place commits a class 2 misdemeanor.
Amended by 2021 Ch. 462, § 533, eff. 3/1/2022.
L. 75: Entire title R&RE, p. 1074, § 1, effective July 1. L. 2021: Entire section amended, (SB 21-271), ch. 3255, p. 3255, § 533, effective 3/1/2022.
(1) This section is similar to former § 31-10-1330 as it existed prior to 1975.
(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.
2021 Ch. 462, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › MUNICIPAL ELECTIONS (§§ 31-10-101 — 31-11-118) › Article 10 - MUNICIPAL ELECTION CODE (§§ 31-10-101 — 31-10-1540) › Part 15 - ELECTION OFFENSES (§§ 31-10-1501 — 31-10-1540) › Section 31-10-1531 - Wagers with electors

It is unlawful for any person, including any candidate for public office, before or during any municipal election, to make any bet or wager with a qualified elector or take a share or interest in, or in any manner become a party to, any such bet or wager or provide or agree to provide any money to be used by another in making such bet or wager upon any event or contingency whatever arising out of such election. For each such offense, the offender commits a class 2 misdemeanor.
Amended by 2021 Ch. 462, § 534, eff. 3/1/2022.
L. 75: Entire title R&RE, p. 1075, § 1, effective July 1. L. 2021: Entire section amended, (SB 21-271), ch. 3255, p. 3255, § 534, effective 3/1/2022.
(1) This section is similar to former § 31-10-1331 as it existed prior to 1975.
(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.
2021 Ch. 462, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › MUNICIPAL ELECTIONS (§§ 31-10-101 — 31-11-118) › Article 10 - MUNICIPAL ELECTION CODE (§§ 31-10-101 — 31-10-1540) › Part 15 - ELECTION OFFENSES (§§ 31-10-1501 — 31-10-1540) › Section 31-10-1532 - Tampering with notices or supplies

Any person who, prior to a municipal election, willfully defaces, removes, or destroys any notice of election posted in accordance with the provisions of this article 10, or who, during an election, willfully defaces, removes, or destroys any card of instruction or sample ballot posted for the instruction of voters, or who, during an election, willfully removes or destroys any of the supplies or conveniences furnished to enable a voter to prepare the voter's ballot commits a class 2 misdemeanor.
Amended by 2021 Ch. 462, § 535, eff. 3/1/2022.
L. 75: Entire title R&RE, p. 1075, § 1, effective July 1. L. 2021: Entire section amended, (SB 21-271), ch. 3255, p. 3255, § 535, effective 3/1/2022.
(1) This section is similar to former § 31-10-1332 as it existed prior to 1975.
(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.
2021 Ch. 462, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › MUNICIPAL ELECTIONS (§§ 31-10-101 — 31-11-118) › Article 10 - MUNICIPAL ELECTION CODE (§§ 31-10-101 — 31-10-1540) › Part 15 - ELECTION OFFENSES (§§ 31-10-1501 — 31-10-1540) › Section 31-10-1533 - Tampering with registration book, registration list, or pollbook

Any person who mutilates or erases any name, figure, or word on any registration book, registration list, or pollbook, or who removes such registration book, registration list, or pollbook or any part thereof from the place where it has been deposited with an intention to destroy the same, or to procure or prevent the election of any person, or to prevent any registered elector from voting, or who destroys any registration book or pollbook or part thereof commits a class 2 misdemeanor.
Amended by 2021 Ch. 462, § 536, eff. 3/1/2022.
L. 75: Entire title R&RE, p. 1075, § 1, effective July 1. L. 2021: Entire section amended, (SB 21-271), ch. 3255, p. 3255, § 536, effective 3/1/2022.
(1) This section is similar to former § 31-10-1333 as it existed prior to 1975.
(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.
2021 Ch. 462, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › MUNICIPAL ELECTIONS (§§ 31-10-101 — 31-11-118) › Article 10 - MUNICIPAL ELECTION CODE (§§ 31-10-101 — 31-10-1540) › Part 15 - ELECTION OFFENSES (§§ 31-10-1501 — 31-10-1540) › Section 31-10-1534 - Tampering with voting machine

Any person who tampers with a voting machine before, during, or after any municipal election with intent to change the tabulation of votes thereon to reflect other than an accurate accounting commits a class 1 misdemeanor.
Amended by 2021 Ch. 462, § 537, eff. 3/1/2022.
L. 75: Entire title R&RE, p. 1075, § 1, effective July 1. L. 2021: Entire section amended, (SB 21-271), ch. 3255, p. 3255, § 537, effective 3/1/2022.
(1) This section is similar to former § 31-10-1334 as it existed prior to 1975.
(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.
2021 Ch. 462, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › MUNICIPAL ELECTIONS (§§ 31-10-101 — 31-11-118) › Article 10 - MUNICIPAL ELECTION CODE (§§ 31-10-101 — 31-10-1540) › Part 15 - ELECTION OFFENSES (§§ 31-10-1501 — 31-10-1540) › Section 31-10-1535 - Interference with election official

Any person who at any municipal election intentionally interferes with any election official in the discharge of the election official's duty, or who induces any election official to violate or refuse to comply with the election official's duty, or who aids, counsels, procures, advises, or assists any person to do so commits a class 2 misdemeanor.
Amended by 2021 Ch. 462, § 538, eff. 3/1/2022.
L. 75: Entire title R&RE, p. 1075, § 1, effective July 1. L. 2021: Entire section amended, (SB 21-271), ch. 3256, p. 3256, § 538, effective 3/1/2022.
(1) This section is similar to former § 31-10-1335 as it existed prior to 1975.
(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.
2021 Ch. 462, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › MUNICIPAL ELECTIONS (§§ 31-10-101 — 31-11-118) › Article 10 - MUNICIPAL ELECTION CODE (§§ 31-10-101 — 31-10-1540) › Part 15 - ELECTION OFFENSES (§§ 31-10-1501 — 31-10-1540) › Section 31-10-1536 - Unlawful qualification as taxpaying elector

It is unlawful to take or place title to property in the name of another, or to pay the taxes, or to take or issue a tax receipt in the name of another for the purpose of attempting to qualify such person as a "qualified taxpaying elector", or to aid or assist any person to do so. The ballot of any such person violating this section shall be void. Each person violating any of the provisions of this section commits a class 2 misdemeanor.
Amended by 2021 Ch. 462, § 539, eff. 3/1/2022.
L. 75: Entire title R&RE, p. 1075, § 1, effective July 1. L. 2021: Entire section amended, (SB 21-271), ch. 3256, p. 3256, § 539, effective 3/1/2022.
(1) This section is similar to former § 31-10-1336 as it existed prior to 1975.
(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.
2021 Ch. 462, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › MUNICIPAL ELECTIONS (§§ 31-10-101 — 31-11-118) › Article 10 - MUNICIPAL ELECTION CODE (§§ 31-10-101 — 31-10-1540) › Part 15 - ELECTION OFFENSES (§§ 31-10-1501 — 31-10-1540) › Section 31-10-1537 - Absentee voting

Any election official or other person who knowingly violates any of the provisions of this article 10 relative to the casting of absent voters' ballots or who aids or abets fraud in connection with any absent vote cast or to be cast commits a class 2 misdemeanor.
Amended by 2021 Ch. 462, § 540, eff. 3/1/2022.
L. 75: Entire title R&RE, p. 1075, § 1, effective July 1. L. 95: Entire section amended, p. 859, § 108, effective July 1. L. 2021: Entire section amended, (SB 21-271), ch. 3256, p. 3256, § 540, effective 3/1/2022.
(1) This section is similar to former § 31-10-1337 as it existed prior to 1975.
(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.
2021 Ch. 462, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › MUNICIPAL ELECTIONS (§§ 31-10-101 — 31-11-118) › Article 10 - MUNICIPAL ELECTION CODE (§§ 31-10-101 — 31-10-1540) › Part 15 - ELECTION OFFENSES (§§ 31-10-1501 — 31-10-1540) › Section 31-10-1538 - Article to be liberally construed

This article shall be liberally construed so that all legally registered electors may be permitted to vote and so that fraud and corruption in municipal elections may be prevented.
L. 75: Entire title R&RE, p. 1076, § 1, effective July 1.
This section is similar to former § 31-10-1338 as it existed prior to 1975.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › MUNICIPAL ELECTIONS (§§ 31-10-101 — 31-11-118) › Article 10 - MUNICIPAL ELECTION CODE (§§ 31-10-101 — 31-10-1540) › Part 15 - ELECTION OFFENSES (§§ 31-10-1501 — 31-10-1540) › Section 31-10-1539 - Applicability

(1)
This article shall apply to regular and special municipal elections.
(2)
This article shall not apply to cities, towns, or cities and counties having home rule, but any such city, town, or city and county may adopt all or any part of this article by reference.
L. 75: Entire title R&RE, p. 1076, § 1, effective July 1.
This section is similar to former § 31-10-1339 as it existed prior to 1975.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › MUNICIPAL ELECTIONS (§§ 31-10-101 — 31-11-118) › Article 10 - MUNICIPAL ELECTION CODE (§§ 31-10-101 — 31-10-1540) › Part 15 - ELECTION OFFENSES (§§ 31-10-1501 — 31-10-1540) › Section 31-10-1540 - [Repealed]

L. 75: Entire title R&RE, p. 1076, § 1, effective July 1. L. 79: Entire section repealed, p. 293, § 1, effective June 7.
Before its repeal, this section was similar to former § 31-10-1340 as it existed prior to 1975.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › MUNICIPAL ELECTIONS (§§ 31-10-101 — 31-11-118) › Article 11 - MUNICIPAL INITIATIVES, REFERENDA, AND REFERRED MEASURES (§§ 31-11-101 — 31-11-118) › Section 31-11-101 - Legislative declaration

It is the intention of the general assembly to set forth in this article the procedures for exercising the initiative and referendum powers reserved to the municipal electors in subsection (9) of section 1 of article V of the state constitution. It is not the intention of the general assembly to limit or abridge in any manner these powers but rather to properly safeguard, protect, and preserve inviolate for municipal electors these modern instrumentalities of democratic government.
L. 95: Entire article added, p. 422, § 1, effective May 8.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › MUNICIPAL ELECTIONS (§§ 31-10-101 — 31-11-118) › Article 11 - MUNICIPAL INITIATIVES, REFERENDA, AND REFERRED MEASURES (§§ 31-11-101 — 31-11-118) › Section 31-11-102 - Applicability of article

This article shall apply to municipal initiatives, referenda, and referred measures unless alternative procedures are provided by charter, ordinance, or resolution.
L. 95: Entire article added, p. 422, § 1, effective May 8.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › MUNICIPAL ELECTIONS (§§ 31-10-101 — 31-11-118) › Article 11 - MUNICIPAL INITIATIVES, REFERENDA, AND REFERRED MEASURES (§§ 31-11-101 — 31-11-118) › Section 31-11-103 - Definitions

As used in this article, unless the context otherwise requires:
(1)
"Ballot title" means the language that is printed on the ballot that is comprised of the submission clause and the title.
(2)
"Final determination of petition sufficiency" means the date following passage of the period of time within which a protest must be filed pursuant to section
31-11-110
or the date on which any protest filed pursuant to section
31-11-110
results in a finding of sufficiency, whichever is later.
(3)
"Petition section" means the stapled or otherwise bound package of documents described in section
31-11-106
.
(4)
"Submission clause" means the language that is attached to the title to form a question that can be answered by "yes" or "no".
(5)
"Title" means a brief statement that fairly and accurately represents the true intent and meaning of the proposed initiative, referendum, or referred measure.
L. 95: Entire article added, p. 422, § 1, effective May 8. L. 96: (2) amended, p. 1770, § 67, effective July 1.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › MUNICIPAL ELECTIONS (§§ 31-10-101 — 31-11-118) › Article 11 - MUNICIPAL INITIATIVES, REFERENDA, AND REFERRED MEASURES (§§ 31-11-101 — 31-11-118) › Section 31-11-103.5 - Computation of time

Except as otherwise provided in this article, calendar days shall be used in all computations of time made under the provisions of this article. In computing time for any act to be done before any municipal election, the first day shall be included, and the last or election day shall be excluded. Except when computing business days, Saturdays, Sundays, and legal holidays shall be included, but, if the time for any act to be done or the last day of any period is a Saturday, Sunday, or a legal holiday, the period is extended to include the next day that is not a Saturday, Sunday, or legal holiday. If the time for an act to be done under this article is referred to in business days, the time shall be computed by excluding Saturdays, Sundays, and legal holidays.
L. 2000: Entire section added, p. 799, § 22, effective August 2.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › MUNICIPAL ELECTIONS (§§ 31-10-101 — 31-11-118) › Article 11 - MUNICIPAL INITIATIVES, REFERENDA, AND REFERRED MEASURES (§§ 31-11-101 — 31-11-118) › Section 31-11-104 - Ordinances - initiative - conflicting measures

(1)
Any proposed ordinance may be submitted to the legislative body of any municipality by filing written notice of the proposed ordinance with the clerk and, within one hundred eighty days after approval of the petition pursuant to section
31-11-106(1)
, by filing a petition signed by at least five percent of the registered electors of the city or town on the date of such notice. The proposed ordinance may be adopted without alteration by the legislative body within twenty days following the final determination of petition sufficiency. If vetoed by the mayor, the proposed ordinance may be passed over the mayor's veto within ten days after the veto. If the proposed ordinance is not adopted by the legislative body, the legislative body shall forthwith publish the proposed ordinance as other ordinances are published and shall refer the proposed ordinance, in the form petitioned for, to the registered electors of the municipality at a regular or special election held not less than sixty days and not more than one hundred fifty days after the final determination of petition sufficiency, unless otherwise required by the state constitution. The ordinance shall not take effect unless a majority of the registered electors voting on the measure at the election vote in favor of the measure.
(2)
Alternative ordinances may be submitted at the same election, and, if two or more conflicting measures are approved by the people, the one that receives the greatest number of affirmative votes shall be adopted in all particulars as to which there is a conflict.
L. 95: Entire article added, p. 423, § 1, effective May 8. L. 96: (1) amended, p. 1770, § 68, effective July 1. L. 2000: (1) amended, p. 799, § 23, effective August 2.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › MUNICIPAL ELECTIONS (§§ 31-10-101 — 31-11-118) › Article 11 - MUNICIPAL INITIATIVES, REFERENDA, AND REFERRED MEASURES (§§ 31-11-101 — 31-11-118) › Section 31-11-105 - Ordinances - when effective - referendum

(1)
No ordinance passed by the legislative body of any municipality shall take effect before thirty days after its final passage and publication, except an ordinance calling for a special election or necessary to the immediate preservation of the public peace, health, or safety, and not then unless the ordinance states in a separate section the reasons why it is necessary and unless it receives the affirmative vote of three-fourths of all the members elected to the legislative body taken by ayes and noes.
(2)
Within thirty days after final publication of the ordinance, a referendum petition protesting against the effect of the ordinance or any part thereof may be filed with the clerk. The petition must be signed during the thirty-day period by at least five percent of the registered electors of the municipality registered on the date of final publication.
(3)
If a referendum petition is filed, the ordinance or part thereof protested against shall not take effect, and, upon a final determination of petition sufficiency, the legislative body shall promptly reconsider the ordinance. If the petition is declared not sufficient by the clerk or found not sufficient in a protest, the ordinance shall forthwith take effect, unless otherwise provided therein.
(4)
If, upon reconsideration, the ordinance or part thereof protested is not repealed, the legislative body shall submit the measure to a vote of the registered electors at a regular or special election held not less than sixty days and not more than one hundred fifty days after the final determination of petition sufficiency, unless otherwise required by the state constitution. The ordinance or part thereof shall not take effect unless a majority of the registered electors voting on the measure at the election vote in favor of the measure.
L. 95: Entire article added, p. 423, § 1, effective May 8.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › MUNICIPAL ELECTIONS (§§ 31-10-101 — 31-11-118) › Article 11 - MUNICIPAL INITIATIVES, REFERENDA, AND REFERRED MEASURES (§§ 31-11-101 — 31-11-118) › Section 31-11-107 - Circulators - requirements

The circulation of any petition section other than personally by a circulator is prohibited. No section of a petition for any initiative or referendum measure shall be circulated by any person who is not at least eighteen years of age at the time the section is circulated.
L. 95: Entire article added, p. 426, § 1, effective May 8. L. 2000: Entire section amended, p. 801, § 25, effective August 2.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › MUNICIPAL ELECTIONS (§§ 31-10-101 — 31-11-118) › Article 11 - MUNICIPAL INITIATIVES, REFERENDA, AND REFERRED MEASURES (§§ 31-11-101 — 31-11-118) › Section 31-11-108 - Signatures

Any initiative or referendum petition shall be signed only by registered electors who are eligible to vote on the measure. Each registered elector shall sign his or her own signature and shall print his or her name, the address at which he or she resides, including the street number and name, the city or town, the county, and the date of signing. Each registered elector signing a petition shall be encouraged by the circulator of the petition to sign the petition in ink. In the event a registered elector is physically disabled or is illiterate and wishes to sign the petition, the elector shall sign or make his or her mark in the space so provided. Any person, but not a circulator, may assist the disabled or illiterate elector in completing the remaining information required by this section. The person providing assistance shall sign his or her name and address and shall state that such assistance was given to the disabled or illiterate elector.
L. 95: Entire article added, p. 426, § 1, effective May 8.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › MUNICIPAL ELECTIONS (§§ 31-10-101 — 31-11-118) › Article 11 - MUNICIPAL INITIATIVES, REFERENDA, AND REFERRED MEASURES (§§ 31-11-101 — 31-11-118) › Section 31-11-109 - Signature verification - statement of sufficiency

(1)
The clerk shall inspect timely filed initiative or referendum petitions and the attached affidavits, and may do so by examining the information on signature lines for patent defects, by comparing the information on signature lines against a list of registered electors provided by the county, or by other reasonable means.
(2)
After examining the petition, the clerk shall issue a statement as to whether a sufficient number of valid signatures have been submitted. A copy of the statement shall be mailed to the persons designated as representing the petition proponents pursuant to section
31-11-106(2)
.
(3)
The statement of sufficiency or insufficiency shall be issued no later than thirty calendar days after the petition has been filed. If the clerk fails to issue a statement within thirty calendar days, the petition shall be deemed sufficient.
L. 95: Entire article added, p. 427, § 1, effective May 8.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › MUNICIPAL ELECTIONS (§§ 31-10-101 — 31-11-118) › Article 11 - MUNICIPAL INITIATIVES, REFERENDA, AND REFERRED MEASURES (§§ 31-11-101 — 31-11-118) › Section 31-11-110 - Protest

(1)
Within forty days after an initiative or referendum petition is filed, a protest in writing under oath may be filed in the office of the clerk by any registered elector who resides in the municipality, setting forth specifically the grounds for such protest. The grounds for protest may include, but shall not be limited to, the failure of any portion of a petition or circulator affidavit to meet the requirements of this article. No signature may be challenged that is not identified in the protest by section and line number. The clerk shall forthwith mail a copy of such protest to the persons designated as representing the petition proponents pursuant to section
31-11-106(2)
and to the protester, together with a notice fixing a time for hearing such protest that is not less than five or more than ten days after such notice is mailed.
(2)
The county clerk shall furnish a requesting protester with a list of the registered electors in the municipality and shall charge a fee to cover the cost of furnishing the list.
(3)
Every hearing shall be held before the clerk with whom such protest is filed. The clerk shall serve as hearing officer unless some other person is designated by the legislative body as the hearing officer, and the testimony in every such hearing shall be under oath. The hearing officer shall have the power to issue subpoenas and compel the attendance of witnesses. The hearing shall be summary and not subject to delay and shall be concluded within sixty days after the petition is filed. No later than five days after the conclusion of the hearing, the hearing officer shall issue a written determination of whether the petition is sufficient or not sufficient. If the hearing officer determines that a petition is not sufficient, the officer shall identify those portions of the petition that are not sufficient and the reasons therefor. The result of the hearing shall be forthwith certified to the protester and to the persons designated as representing the petition proponents pursuant to section
31-11-106(2)
. The determination as to petition sufficiency may be reviewed by the district court for the county in which such municipality or portion thereof is located upon application of the protester, the persons designated as representing the petition proponents pursuant to section
31-11-106(2)
, or the municipality, but such review shall be had and determined forthwith.
L. 95: Entire article added, p. 427, § 1, effective May 8. L. 2000: (1) amended, p. 801, § 26, effective August 2.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › MUNICIPAL ELECTIONS (§§ 31-10-101 — 31-11-118) › Article 11 - MUNICIPAL INITIATIVES, REFERENDA, AND REFERRED MEASURES (§§ 31-11-101 — 31-11-118) › Section 31-11-111 - Initiatives, referenda, and referred measures - ballot titles

(1)
After an election has been ordered pursuant to section
31-11-104
or
31-11-105
, the legislative body of the municipality or its designee shall promptly fix a ballot title for each initiative or referendum.
(2)
The legislative body of any municipality may, without receipt of any petition, submit any proposed or adopted ordinance or resolution or any question to a vote of the registered electors of the municipality. The legislative body of the municipality or its designee shall fix a ballot title for the referred measure.
(3)
In fixing the ballot title, the legislative body or its designee shall consider the public confusion that might be caused by misleading titles and shall, whenever practicable, avoid titles for which the general understanding of the effect of a "yes" or "no" vote would be unclear. The ballot title shall not conflict with those titles selected for any other measure that will appear on the municipal ballot in the same election. The ballot title shall correctly and fairly express the true intent and meaning of the measure.
(4)
Any protest concerning a ballot title shall be conducted as provided by local charter, ordinance, or resolution.
L. 95: Entire article added, p. 428, § 1, effective May 8.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › MUNICIPAL ELECTIONS (§§ 31-10-101 — 31-11-118) › Article 11 - MUNICIPAL INITIATIVES, REFERENDA, AND REFERRED MEASURES (§§ 31-11-101 — 31-11-118) › Section 31-11-112 - Petitions - not election materials - no bilingual requirement

The general assembly hereby determines that initiative and referendum petitions are not election materials or information covered by the federal "Voting Rights Act of 1965", and are therefore not required to be printed in any language other than English in order to be circulated in any municipality in Colorado.
L. 95: Entire article added, p. 428, § 1, effective May 8.
For the federal "Voting Rights Act of 1965", see Pub.L. 89-110.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › MUNICIPAL ELECTIONS (§§ 31-10-101 — 31-11-118) › Article 11 - MUNICIPAL INITIATIVES, REFERENDA, AND REFERRED MEASURES (§§ 31-11-101 — 31-11-118) › Section 31-11-113 - Receiving money to circulate petitions - filing

The proponents of the petition shall file with the clerk a report disclosing the amount paid per signature and the total amount paid to each circulator. The filing shall be made at the same time the petition is filed with the clerk. Any payment made to circulators is an expenditure under article
45
of title
1
, C.R.S.
L. 95: Entire article added, p. 428, § 1, effective May 8.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › MUNICIPAL ELECTIONS (§§ 31-10-101 — 31-11-118) › Article 11 - MUNICIPAL INITIATIVES, REFERENDA, AND REFERRED MEASURES (§§ 31-11-101 — 31-11-118) › Section 31-11-114 - Unlawful acts - penalty

(1)
It is unlawful:
(a)
For any person willfully and knowingly to circulate or cause to be circulated or sign or procure to be signed any petition bearing the name, device, or motto of any person, organization, association, league, or political party, or purporting in any way to be endorsed, approved, or submitted by any person, organization, association, league, or political party, without the written consent, approval, and authorization of the person, organization, association, league, or political party;
(b)
For any person to sign any name other than his or her own name to any petition or knowingly to sign his or her name more than once for the same measure at one election;
(c)
For any person knowingly to sign any petition relating to an initiative or referendum in a municipality who is not a registered elector of that municipality at the time of signing the petition;
(d)
For any person to sign any affidavit as circulator without knowing or reasonably believing the statements made in the affidavit to be true;
(e)
For any person to certify that an affidavit attached to a petition was subscribed or sworn to before him or her unless it was so subscribed and sworn to before him or her and unless the person so certifying is duly qualified under the laws of this state to administer an oath;
(f)
For any officer or person to do willfully, or with another or others conspire, or agree, or confederate to do, any act that hinders, delays, or in any way interferes with the calling, holding, or conducting of any election permitted under the initiative and referendum powers reserved by the people in section 1 of article V of the state constitution or with the registering of electors therefor;
(g)
For any officer to do willfully any act that shall confuse or tend to confuse the issues submitted or proposed to be submitted at any election or refuse to submit any petition in the form presented for submission at any election;
(h)
For any officer or person to violate willfully any provision of this article.
(2)
Any person upon conviction of a violation of any provision of this section commits a class 2 misdemeanor.
Amended by 2021 Ch. 462, § 541, eff. 3/1/2022.
L. 95: Entire article added, p. 429, § 1, effective May 8. L. 2021: (2) amended, (SB 21-271), ch. 462, p. 3256, § 541, effective 3/1/2022.
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.
2021 Ch. 462, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › MUNICIPAL ELECTIONS (§§ 31-10-101 — 31-11-118) › Article 11 - MUNICIPAL INITIATIVES, REFERENDA, AND REFERRED MEASURES (§§ 31-11-101 — 31-11-118) › Section 31-11-115 - Tampering with initiative or referendum petition

(1)
Any person commits a class 2 misdemeanor who:
(a)
Willfully destroys, defaces, mutilates, or suppresses any initiative or referendum petition;
(b)
Willfully neglects to file or delays the delivery of the initiative or referendum petition;
(c)
Conceals or removes any initiative or referendum petition from the possession of the person authorized by law to have custody of the petition;
(d)
Adds, amends, alters, or in any way changes the information on the petition as provided by the elector; or
(e)
Aids, counsels, procures, or assists any person in doing any of such acts.
(2)
Any person convicted of committing such a misdemeanor shall be punished by a fine of not more than one thousand dollars, or by imprisonment in the county jail for not more than one year, or by both such fine and imprisonment.
(3)
This section shall not preclude a circulator from striking a complete line on the petition if the circulator believes the line to be invalid.
L. 95: Entire article added, p. 430, § 1, effective May 8.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › MUNICIPAL ELECTIONS (§§ 31-10-101 — 31-11-118) › Article 11 - MUNICIPAL INITIATIVES, REFERENDA, AND REFERRED MEASURES (§§ 31-11-101 — 31-11-118) › Section 31-11-116 - Enforcement

(1)
Any person may file with the district attorney an affidavit stating the name of any person who has violated any of the provisions of this article and stating the facts that constitute the alleged offense. Upon the filing of such affidavit, the district attorney shall forthwith investigate, and, if reasonable grounds appear therefor, the district attorney shall prosecute the same.
(2)
The attorney general of the state shall have equal power with district attorneys to file information or complaints against any person for violating any provision of this article.
L. 95: Entire article added, p. 430, § 1, effective May 8.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › MUNICIPAL ELECTIONS (§§ 31-10-101 — 31-11-118) › Article 11 - MUNICIPAL INITIATIVES, REFERENDA, AND REFERRED MEASURES (§§ 31-11-101 — 31-11-118) › Section 31-11-117 - Retention of petitions

After a period of three years from the time of submission of the petitions to the clerk, if it is determined that the retention of the petitions is no longer necessary, the clerk may destroy the petitions.
L. 95: Entire article added, p. 430, § 1, effective May 8.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › MUNICIPAL ELECTIONS (§§ 31-10-101 — 31-11-118) › Article 11 - MUNICIPAL INITIATIVES, REFERENDA, AND REFERRED MEASURES (§§ 31-11-101 — 31-11-118) › Section 31-11-118 - Powers of clerk and deputy

(1)
Except as otherwise provided in this article, the clerk shall render all interpretations and shall make all initial decisions as to controversies or other matters arising in the operation of this article.
(2)
All powers and authority granted to the clerk by this article may be exercised by a deputy clerk in the absence of the clerk or in the event the clerk for any reason is unable to perform the duties of the clerk's office.
L. 2000: Entire section added, p. 801, § 27, effective August 2.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › ANNEXATION - CONSOLIDATION - DISCONNECTION (§§ 31-12-101 — 31-12-707) › Article 12 - ANNEXATION - CONSOLIDATION - DISCONNECTION (§§ 31-12-101 — 31-12-707) › Part 1 - MUNICIPAL ANNEXATION ACT OF 1965 (§§ 31-12-101 — 31-12-123) › Section 31-12-101 - Short title

This part 1 shall be known and may be cited as the "Municipal Annexation Act of 1965".
L. 75: Entire title R&RE, p. 1076, § 1, effective July 1.
This section is similar to former § 31-8-101 as it existed prior to 1975.
For the annexation of school districts, see § 22-30-128.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › ANNEXATION - CONSOLIDATION - DISCONNECTION (§§ 31-12-101 — 31-12-707) › Article 12 - ANNEXATION - CONSOLIDATION - DISCONNECTION (§§ 31-12-101 — 31-12-707) › Part 1 - MUNICIPAL ANNEXATION ACT OF 1965 (§§ 31-12-101 — 31-12-123) › Section 31-12-102 - Legislative declaration

(1)
The general assembly hereby declares that the policies and procedures in this part 1 are necessary and desirable for the orderly growth of urban communities in the state of Colorado, and to these ends this part 1 shall be liberally construed. The general assembly further declares that it is the purpose of this part 1:
(a)
To encourage natural and well-ordered development of municipalities of the state;
(b)
To distribute fairly and equitably the costs of municipal services among those persons who benefit therefrom;
(c)
To extend municipal government, services, and facilities to eligible areas which form a part of the whole community;
(d)
To simplify governmental structure in urban areas;
(e)
To provide an orderly system for extending municipal regulations to newly annexed areas;
(f)
To reduce friction among contiguous or neighboring municipalities;
(g)
To increase the ability of municipalities in urban areas to provide their citizens with the services they require; and
(h)
To respect the sovereignty of federally recognized Indian tribes with lands within the exterior boundaries of a federally recognized Indian reservation and within the exterior boundaries of the state, to reduce the jurisdictional complexities that arise when municipalities annex Indian reservation land, and to ensure cooperation and collaboration by municipalities with tribal governments.
(2)
The general assembly further declares that:
(a)
Section 30 of article II of the state constitution was added to the state constitution as a voter-approved ballot measure in 1980;
(b)
Since its adoption, section 30 of article II of the state constitution has been in lawful force and effect. As part of the state constitution, all annexations since its enactment have been or should have been undertaken subject to its terms.
(c)
By enacting House Bill 10-1259, enacted in 2010, which amends various provisions of this part 1, the general assembly does not intend to change the law governing annexations in the state but rather to better harmonize the provisions of this part 1 with those of section 30 of article II of the state constitution.
Amended by 2024 Ch. 451,§ 1, eff. 6/6/2024, app. to annexations pursuant to section 31-12-106, C.R.S., or annexation petitions or petitions for an annexation election pursuant to section 31-12-107, C.R.S., on or after 6/6/2024.
L. 75: Entire title R&RE, p. 1076, § 1, effective July 1. L. 2010: (2) added, (HB 10 -1259), ch. 211, p. 913, § 1, effective August 11.
This section is similar to former § 31-8-102 as it existed prior to 1975.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › ANNEXATION - CONSOLIDATION - DISCONNECTION (§§ 31-12-101 — 31-12-707) › Article 12 - ANNEXATION - CONSOLIDATION - DISCONNECTION (§§ 31-12-101 — 31-12-707) › Part 1 - MUNICIPAL ANNEXATION ACT OF 1965 (§§ 31-12-101 — 31-12-123) › Section 31-12-108.5 - Annexation impact report - requirements

(1)
The municipality shall prepare an impact report concerning the proposed annexation at least twenty-five days before the date of the hearing established pursuant to section
31-12-108
and shall file one copy with the board of county commissioners governing the area proposed to be annexed within five days thereafter. Such report shall not be required for annexations of ten acres or less in total area or when the municipality and the board of county commissioners governing the area proposed to be annexed agree that the report may be waived. Such report shall include, as a minimum:
(a)
A map or maps of the municipality and adjacent territory to show the following information:
(I)
The present and proposed boundaries of the municipality in the vicinity of the proposed annexation;
(II)
The present streets, major trunk water mains, sewer interceptors and outfalls, other utility lines and ditches, and the proposed extension of such streets and utility lines in the vicinity of the proposed annexation; and
(III)
The existing and proposed land use pattern in the areas to be annexed;
(b)
A copy of any draft or final preannexation agreement, if available;
(c)
A statement setting forth the plans of the municipality for extending to or otherwise providing for, within the area to be annexed, municipal services performed by or on behalf of the municipality at the time of annexation;
(d)
A statement setting forth the method under which the municipality plans to finance the extension of the municipal services into the area to be annexed;
(e)
A statement identifying existing districts within the area to be annexed; and
(f)
A statement on the effect of annexation upon local-public school district systems, including the estimated number of students generated and the capital construction required to educate such students.
L. 87: Entire section added, p. 1220, § 5, effective May 28.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › ANNEXATION - CONSOLIDATION - DISCONNECTION (§§ 31-12-101 — 31-12-707) › Article 12 - ANNEXATION - CONSOLIDATION - DISCONNECTION (§§ 31-12-101 — 31-12-707) › Part 1 - MUNICIPAL ANNEXATION ACT OF 1965 (§§ 31-12-101 — 31-12-123) › Section 31-12-109 - Hearing

(1)
Any person may appear at such hearing and present evidence upon any matter to be determined by the governing body.
(2)
All proceedings at the hearing and any continuances thereof shall be recorded, but the recorder's notes need not be transcribed unless proceedings for judicial review are initiated as provided in section
31-12-116
.
(3)
The board of trustees of a town may dispense with the reporting of the hearing as provided in this section and substitute in lieu thereof minutes summarizing the presentation of each speaker and describing the proceedings of the hearing. In the event that any proceedings are commenced for judicial review of an annexation in which this subsection (3) has been followed, the provisions of section
31-12-116(5)
shall be applicable.
L. 75: Entire title R&RE, p. 1083, § 1, effective July 1. L. 87: (1) amended, p. 1221, § 6, effective May 28.
This section is similar to former § 31-8-109 as it existed prior to 1975.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › ANNEXATION - CONSOLIDATION - DISCONNECTION (§§ 31-12-101 — 31-12-707) › Article 12 - ANNEXATION - CONSOLIDATION - DISCONNECTION (§§ 31-12-101 — 31-12-707) › Part 1 - MUNICIPAL ANNEXATION ACT OF 1965 (§§ 31-12-101 — 31-12-123) › Section 31-12-110 - Findings

(1)
Upon the completion of the hearing, the governing body of the annexing municipality, by resolution, shall set forth its findings of fact and its conclusion based thereon with reference to the following matters:
(a)
Whether or not the requirements of the applicable provisions of section 30 of article II of the state constitution and sections
31-12-104
and
31-12-105
have been met;
(b)
Whether or not an election is required under section 30 (1)(a) of article II of the state constitution and section
31-12-107(2)
.
(2)
The governing body shall also determine whether or not additional terms and conditions are to be imposed.
(3)
A finding that the area proposed for annexation does not comply with the applicable provisions of section 30 of article II of the state constitution or sections
31-12-104
and
31-12-105
shall terminate the annexation proceeding.
L. 75: Entire title R&RE, p. 1084, § 1, effective July 1. L. 2010: (1) and (3) amended, (HB 10-1259), ch. 211, p. 917, §7, effective August 11.
This section is similar to former § 31-8-110 as it existed prior to 1975.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › ANNEXATION - CONSOLIDATION - DISCONNECTION (§§ 31-12-101 — 31-12-707) › Article 12 - ANNEXATION - CONSOLIDATION - DISCONNECTION (§§ 31-12-101 — 31-12-707) › Part 1 - MUNICIPAL ANNEXATION ACT OF 1965 (§§ 31-12-101 — 31-12-123) › Section 31-12-111 - Annexation without election

If the resolution of the governing body adopted pursuant to section
31-12-110
determines that the applicable provisions of section 30 of article II of the state constitution and sections
31-12-104
and
31-12-105
have been met, and further determines that an election is not required under section
31-12-107(2)
, and does not determine that additional terms and conditions are to be imposed, the governing body may thereupon annex the area proposed to be annexed by ordinance.
L. 75: Entire title R&RE, p. 1084, § 1, effective July 1. L. 2010: Entire section amended, (HB 10-1259), ch. 211, p. 917, §8, effective August 11.
This section is similar to former § 31-8-111 as it existed prior to 1975.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › ANNEXATION - CONSOLIDATION - DISCONNECTION (§§ 31-12-101 — 31-12-707) › Article 12 - ANNEXATION - CONSOLIDATION - DISCONNECTION (§§ 31-12-101 — 31-12-707) › Part 1 - MUNICIPAL ANNEXATION ACT OF 1965 (§§ 31-12-101 — 31-12-123) › Section 31-12-117 - Effect of review and of voiding of annexation ordinance by court order

(1)
After the effective date of an annexation ordinance, the annexing municipality shall apply all pertinent ordinances to the annexed area, irrespective of any proceedings for judicial review.
(2)
In the event that the district court enters a final judgment, as defined in rule 54 (a), Colorado rules of civil procedure, declaring the annexation proceedings void, no acts taken in compliance with or pursuant to the charter, ordinances, or regulations of the annexing municipality shall be voided thereby, even though such acts are not in compliance with applicable county requirements or the requirements of other municipal or quasi-municipal corporations having jurisdiction over the area affected by such judicial proceedings. Such acts shall include, among others, subdivision platting and the construction and occupancy of improvements. A judicial declaration voiding an annexation shall not invalidate the levy and collection of any taxes, license fees, or charges collected or imposed by the annexing municipality prior to such final judgment.
(3)
The provisions of subsection (2) of this section shall apply with equal force and validity to judicial review of any annexation proceedings which have affected the boundaries of any county or city and county; except that, within ninety days after the effective date of such a final judgment, the county clerk and recorder of the county or city and county to which the area was attempted to be annexed shall transmit to the county clerk and recorder of the county to which the territory was returned as a result of the judicial determination of the invalidity of the annexation proceedings a copy of each approved subdivision plat, which copy shall then be recorded without charge in the records of the county to which the territory was so returned.
(4)
The execution of any final judgment by the district court in any judicial review of an annexation proceeding shall automatically be stayed upon the filing of the record on appeal as provided by law and the Colorado appellate rules, and no application for supersedeas shall be necessary. Such stay shall continue in full force and effect pending final disposition of the proceedings on appeal.
L. 75: Entire title R&RE, p. 1090, § 1, effective July 1.
This section is similar to former § 31-8-117 as it existed prior to 1975.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › ANNEXATION - CONSOLIDATION - DISCONNECTION (§§ 31-12-101 — 31-12-707) › Article 12 - ANNEXATION - CONSOLIDATION - DISCONNECTION (§§ 31-12-101 — 31-12-707) › Part 1 - MUNICIPAL ANNEXATION ACT OF 1965 (§§ 31-12-101 — 31-12-123) › Section 31-12-119 - Disconnection of territory because of failure to serve

The landowners of any tract or contiguous tracts of land aggregating five acres or more located on a boundary of the municipality at the time of the disconnection action may, three or more years after annexation, petition for disconnection from the municipality if such municipality does not, upon demand, provide the same municipal services on the same general terms and conditions as the rest of the municipality receives. The procedure for such disconnection shall be as set forth in parts 6 and 7 of this article, insofar as consistent with this section. To the extent that such parts are inconsistent with this section, the provisions of this section shall prevail when the action is based on failure of the municipality to serve an annexed area.
L. 75: Entire title R&RE, p. 1091, § 1, effective July 1.
This section is similar to former § 31-8-119 as it existed prior to 1975.