1-40-132. Enforcement
Overview of Statute
Enforcement relating to initiated or referred measures and state constitutional amendments.
Statute
(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.)
Source: L. 93: Entire article amended with relocations, p. 695, § 1, effective May 4.L. 95: Entire section amended, p. 439, § 22, effective May 8.
ANNOTATION
Holding that subsection (1) is inapplicable to determination whether a petition has a sufficient number of valid signatures to qualify for placement of an initiated measure on the ballot. Read in context, subsection (1) addresses violations that involve criminal culpability. The administrative hearing required by subsection (1) is applicable to general proceedings regarding a sufficiency determination. Fabec v. Beck, 922 P.2d 330 (Colo. 1996).
- Cross-References:
- Administrative Involvement
- Administrative Oversight
- Ballot Form & Content Requirements
- Ballot Initiatives & Recall Elections
- Constitutional Amendments
- Election Day
- Election Offenses & Judicial Proceedings
- Offenses & Penalties
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 Ballot
(a) A federal write-in absentee ballot;
(b) A ballot specifically prepared or distributed for use by a covered voter in accordance with this article; or
(c) A ballot cast by a covered voter in accordance with this article.
(2) “Covered voter” means:
(a) A uniformed-service voter defined in paragraph (a) of subsection (9) of this section who is a resident of this state but who is absent from this state by reason of active duty and who otherwise satisfies this state’s voter eligibility requirements;
(b) An overseas voter who, before leaving the United States, was last eligible to vote in this state and, except for a state residency requirement, otherwise satisfies this state’s voter eligibility requirements;
(c) An overseas voter who, before leaving the United States, would have been last eligible to vote in this state had the voter then been of voting age and, except for a state residency requirement, otherwise satisfies this state’s voter eligibility requirements; or
(d) An overseas voter who was born outside the United States, is not described in paragraph (b) or (c) of this subsection (2), and, except for a state residency requirement, otherwise satisfies this state’s voter eligibility requirements if the last place where a parent, legal guardian, spouse, or civil union partner of the voter was, or under this article would have been, eligible to vote before leaving the United States is within this state.
C.R.S. § 1-8.3-102.
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 Secretary
The Colorado secretary of state. C.R.S. § 1-1.5-102.
Cases
Colorado Cases
Case Name: Fabec v. Beck
Citation: 922 P.2d 330 (Colo. 1996)
Year: 1996
Case URL: https://www.ravellaw.com/opinions/c5be6ab4bb2b1b003a8eb6c361f9ef05
Case Summary: Holding that no administrative review of Secretary's determination concerning sufficiency of signatures is required before protestor can seek judicial relief; it was proper for Secretary to combine valid signatures determined by line-by-line examination of both the original petition and the addendum rather using a random sampling method; substantial compliance is standard applied in assessing effect of signature deficiencies; discrepancies in circulator's date of signing and date of notary acknowledgement made affected petitions invalid; petition that contained altered date next to circulator's signature was invalid; changes to circulator's signing date did not constitute substantial compliance; there was substantial compliance with notarized affidavit requirement; and there was substantial compliance with signature requirements despite omission of signing date from one circulator affidavit.
Out-of-State Cases
Federal Cases
Case Name: Am. Constitutional Law Found., Inc. v. Meyer
Citation: 120 F.3d 1092 (10th Cir. 1997)
Federal Circuit Court: 10th Circuit Court
Year: 1997
Case URL: https://www.ravellaw.com/opinions/3d3d9c8280768fc2c2d6774c4dc5632d
Case Summary: Holding that state statute requiring petition circulators to be registered electors unconstitutionally impinged on free expression; statute's requirement that circulators wear personal identification badges unconstitutionally infringed their First Amendment rights; and provisions of statute requiring disclosure of information regarding paid circulators violated First Amendment.