Overview of Statute
If a petition for nominating an unaffiliated candidate is insufficient, it may be amended once no later than 3:00 P.M. on the eighty-fifth day before the general election or 3:00 P.M. on the sixty-seventh day before an election that is not being held concurrently with the general election.
(2) During the review of any candidate’s petition that is required to be filed with the secretary of state’s office, the secretary of state shall notify the candidate of any errors and insufficiencies regarding circulator affidavits. Upon the receipt of such a notification, the candidate has 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 candidate must provide the secretary of state with a new circulator affidavit that corrects the errors of the previously submitted affidavit.
(3) The secretary of state shall promulgate rules, in accordance with article 4 of title 24, to implement this section, as amended.
Source: L. 92: Entire part R&RE, p. 691, § 7, effective January 1, 1993. L. 93: Entire section amended, p. 1407, § 36, effective July 1. L. 94: (1) amended, p. 1155, § 18, effective July 1. L. 95:(1) amended and (2) repealed, pp. 887, 861, 833, §§ 4, 117, 39, effective July 1. L. 99: (1)amended, p. 765, § 29, effective May 20. L. 2005: (1) amended, p. 1399, § 18, effective June 6; (1) amended, p. 1434, § 18, effective June 6. L. 2011: Entire section amended, (SB 11-189), ch. 243, p. 1065, § 12, effective May 27. L. 2012: Entire section amended, (HB 12-1292), ch. 181, p. 681, § 16, effective May 17. L. 2017: Entire section amended, (SB 17-209), ch. 234, p. 947, § 4, effective August 9; entire section amended, (HB 17-1088), ch. 398, p. 2077, § 2, effective August 9.L. 2019: (1) repealed and (2) amended, (HB 19-1278), ch. 326, p. 3018, § 24, effective August 2.
Editor’s note: (1) This section is similar to former § 1-4-801 (1)(d) as it existed prior to 1992. (2) Amendments to subsection (1) by House Bill 95-1022 and House Bill 95-1241 were harmonized.(3) Amendments to this section by HB 17-1088 and SB 17-209 were harmonized.(4) Section 13 of chapter 234 (SB 17-209), Session Laws of Colorado 2017, provides that the act changing this section applies to elections conducted on or after August 9, 2017.
1. Definition for Circulator
A person who presents to other persons for possible signature a petition for recall as described in this article. C.R.S. § 1-12-100.5.
2. Definition for Circulator
A person who presents to other persons for possible signature a petition to place a measure on the ballot by initiative or referendum.
3. Definition for State
A state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. C.R.S. § 1-8.3-102.
4. Definition for Title
A brief statement that fairly and accurately represents the true intent and meaning of the proposed text of the initiative.
5. Definition for Section
A bound compilation of initiative forms approved by the secretary of state, which shall include pages that contain the warning required by section 1-40-110 (1), the ballot title, the abstract required by section 1-40-110 (3), and a copy of the proposed measure; succeeding pages that contain the warning, the ballot title, and ruled lines numbered consecutively for registered electors’ signatures; and a final page that contains the affidavit required by section 1-40-111 (2). Each section shall be consecutively prenumbered by the petitioner prior to circulation.
6. Definition for Election
Any election under the “Uniform Election Code of 1992” or the “Colorado Municipal Election Code of 1965”, article 10 of title 31, C.R.S. C.R.S. § 1-7.5-103.
7. Definition for Secretary
The Colorado secretary of state. C.R.S. § 1-1.5-102.
8. Definition for Candidate
Any person who seeks nomination or election to any state or local public office that is to be voted on in this state at any primary election, general election, school district election, special district election, or municipal election. “Candidate” also includes a judge or justice of any court of record who seeks to be retained in office pursuant to the provisions of section 25 of article VI. A person is a candidate for election if the person has publicly announced an intention to seek election to public office or retention of a judicial office and thereafter has received a contribution or made an expenditure in support of the candidacy. A person remains a candidate for purposes of this article so long as the candidate maintains a registered candidate committee. A person who maintains a candidate committee after an election cycle, but who has not publicly announced an intention to seek election to public office in the next or any subsequent election cycle, is a candidate for purposes of this article. Section 2(2) of article XXVIII of the state constitution.
Case Name: Conte v. Meyer
Citation: 882 P.2d 962 (Colo. 1994)
Case Summary: Holding that petition nominating councilperson as independent candidate for state representative satisfied the legislative intent of the statute regarding the petition filing deadline; petition was both accurate and sufficient; and councilperson was an eligible candidate.