Code Section
Colorado > Colorado Electoral Code > Initiative And Referendum

1-40-133. Retention of petitions

Overview of Statute

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.

Source: L. 93: Entire article amended with relocations, p. 696, § 1, effective May 4.L. 95: Entire section amended, p. 439, § 23, effective May 8.

Definition [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.

Definition [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.

Definition [Secretary]

The Colorado secretary of state. C.R.S. § 1-1.5-102.


Colorado Cases

Case Name: Loonan v. Woodley

Citation: 882 P.2d 1380 (Colo. 1994)

Year: 1994

Case URL:

Case Summary: Holding that substantial compliance was the appropriate standard for determining whether petitions conformed with statutory requirements; circulators' affidavits which were missing statement that they had read and understood laws governing petition circulation did not substantially comply with statute; and read-and-understand requirement did not unconstitutionally infringe on the constitutional right to petition.

Out-of-State Cases

Federal Cases

Case Name: Buckley v. Am. Constitutional Law Found.

Citation: 525 U.S. 182

Federal District Court:

Year: 1999

Case URL:

Case Summary: Holding that Colorado statute requiring that initiative-petition circulators be registered voters violated First Amendment right to free speech; statute requiring that initiative-petition circulators wear identification badge bearing the circulator's name violated the same right; and statute requiring that initiative proponents report names and addresses of all paid circulators and amount paid to each circulator violated the same.

Regulations & Guidance