Title 1, Elections
0 chapters · 550 sections in this title.
Colo. Rev. Stat. § 1-40-101 Legislative declaration
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(1) The general assembly declares that it is not the intention of this article to limit or abridge in any manner the powers reserved to the people in the initiative and referendum, but rather to properly safeguard, protect, and preserve inviolate for them these modern instrumenta…
Colo. Rev. Stat. § 1-40-102 Definitions
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As used in this article 40, unless the context otherwise requires: (1) Ballot issue means a nonrecall, citizen-initiated petition or legislatively-referred measure which is authorized by the state constitution, including a question as defined in sections 1-41-102 (3) and 1-41-103…
Colo. Rev. Stat. § 1-40-103 Applicability of article
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(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 …
Colo. Rev. Stat. § 1-40-104 Designated representatives
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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 …
Colo. Rev. Stat. § 1-40-105.5 Initial fiscal impact statement - fiscal summary - definition
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(1) As used in this section, unless the context otherwise requires, director means the director of research of the legislative council of the general assembly. (1.5) (a) For every initiated measure properly submitted to the title board, the director shall prepare a fiscal summary…
Colo. Rev. Stat. § 1-40-107 Rehearing - appeal - fees - signing
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(1) (a) (I) Any person presenting an initiative petition or any registered elector who is not satisfied with a decision of the title board with respect to whether a petition contains more than a single subject pursuant to section 1-40-106.5, or who is not satisfied with the title…
Colo. Rev. Stat. § 1-40-108 Petition - time of filing
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(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 t…
Colo. Rev. Stat. § 1-40-109 Signatures required - withdrawal
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(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 si…
Colo. Rev. Stat. § 1-40-110 Warning - ballot title
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(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…
Colo. Rev. Stat. § 1-40-112 Circulators - requirements - training
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(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 co…
Colo. Rev. Stat. § 1-40-113 Form - representatives of signers
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(1) (a) Each section of a petition shall be printed on a form as prescribed by the secretary of state. No petition shall be printed, published, or otherwise circulated unless the form and the first printer's proof of the petition have been approved by the secretary of state. The …
Colo. Rev. Stat. § 1-40-115 Ballot - voting - publication
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(1) Measures shall appear upon the official ballot by ballot title only. The measures shall be placed on the ballot in the order in which they were certified to the ballot and as provided in section 1-5-407 (5), (5.3), and (5.4). (2) (a) All ballot measures shall be printed on th…
Colo. Rev. Stat. § 1-40-116 Validation - ballot issues - random sampling - rules
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(1) For ballot issues, each section of a petition to which there is attached an affidavit of the registered elector who circulated the petition that each signature thereon is the signature of the person whose name it purports to be and that to the best of the knowledge and belief…
Colo. Rev. Stat. § 1-40-117 Statement of sufficiency - cure
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(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 amen…
Colo. Rev. Stat. § 1-40-118 Protest
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(1) A protest in writing, under oath, together with three copies thereof, may be filed in the district court for the county in which the petition has been filed by some registered elector, within fifteen days after the secretary of state issues a statement as to whether the petit…
Colo. Rev. Stat. § 1-40-119 Procedure for hearings
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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 th…
Colo. Rev. Stat. § 1-40-120 Filing in federal court
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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 repres…
Colo. Rev. Stat. § 1-40-122 Certification of ballot titles
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(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…
Colo. Rev. Stat. § 1-40-123 Counting of votes - effective date - conflicting provisions
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(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…
Colo. Rev. Stat. § 1-40-124 Publication
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(1) (a) In accordance with section 1 (7.3) of article V of the state constitution, the director of research of the legislative council of the general assembly shall cause to be published at least one time in at least one legal publication of general circulation in each county of …
Colo. Rev. Stat. § 1-40-124.5 Ballot information booklet
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(1) (a) The director of research of the legislative council of the general assembly shall prepare a ballot information booklet for any initiated or referred constitutional amendment or legislation, including a question, as defined in section 1-41-102 (3), in accordance with secti…
Colo. Rev. Stat. § 1-40-125 Mailing to electors
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(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…
Colo. Rev. Stat. § 1-40-127 Ordinances - effective, when - referendum. (Repealed)
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Source: L. 93: Entire article amended with relocations, p. 692, � 1, effective May 4. L. 95: Entire section repealed, p. 437, � 19, effective May 8. Cross references: For current provisions relating to municipal government ordinances, their effective dates, and related referendum…
Colo. Rev. Stat. § 1-40-128 Ordinances, how proposed - conflicting measures. (Repealed)
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Source: L. 93: Entire article amended with relocations, p. 693, � 1, effective May 4. L. 95: Entire section repealed, p. 438, � 20, effective May 8. Cross references: For current provisions relating to proposing municipal government ordinances and conflicting measures, see � 31-1…
Colo. Rev. Stat. § 1-40-129 Voting on ordinances. (Repealed)
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Source: L. 93: Entire article amended with relocations, p. 694, � 1, effective May 4. L. 95: Entire section repealed, p. 438, � 21, effective May 8.
Colo. Rev. Stat. § 1-40-130 Unlawful acts - penalty
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(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 …
Colo. Rev. Stat. § 1-40-131 Tampering with initiative or referendum petition
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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 p…
Colo. Rev. Stat. § 1-40-132 Enforcement
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(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 …
Colo. Rev. Stat. § 1-40-133 Retention of petitions
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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 reloc…
Colo. Rev. Stat. § 1-40-134 Withdrawal of initiative petition
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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 acknow…
Colo. Rev. Stat. § 1-40-135 Petition entities - requirements - definition
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(1) As used in this section, petition entity means any person or issue committee that directly or indirectly provides compensation to a circulator to circulate a ballot petition. (2) (a) It is unlawful for any petition entity to provide compensation to a circulator to circulate a…