(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 designated representatives of the proponent are responsible for filing the printer's proof with the secretary of state, and the secretary of state shall notify the designated representatives whether the printer's proof is approved. Each petition section shall designate by name and mailing address two persons who shall represent the signers thereof in all matters affecting the same. The secretary of state shall assure that the petition contains only the matters required by this article and contains no extraneous material. All sections of any petition shall be prenumbered serially, and the circulation of any petition section described by this article other than personally by a circulator is prohibited. Any petition section circulated in whole or in part by anyone other than the person who signs the affidavit attached to the petition section shall be invalid. Any petition section that fails to conform to the requirements of this article or is circulated in a manner other than that permitted in this article shall be invalid.
The secretary of state shall notify the proponents at the time a petition is approvedpursuant to paragraph (a) of this subsection (1) that the proponents must register an issue committee pursuant to section 1-45-108 (3.3) if two hundred or more petition sections are printed or accepted in connection with circulation of the petition.
The secretary of state shall notify the proponents at the time a petition format for aninitiated amendment to the state constitution is approved pursuant to subsection (1)(a) of this section of the number and boundaries of the state senate districts in existence and the number of registered electors in each state senate district at the time of approval.
[Editor's note: Subsection (1)(d) is effective November 1, 2020.] The secretary of state shall notify the director of research of the legislative council at the time a petition is approved pursuant to (1)(a) of this section.
Any disassembly of a section of the petition which has the effect of separating theaffidavits from the signatures shall render that section of the petition invalid and of no force and effect.
Prior to the time of filing, the persons designated in the petition to represent thesigners shall bind the sections of the petition in convenient volumes consisting of one hundred sections of the petition if one hundred or more sections are available or, if less than one hundred sections are available to make a volume, consisting of all sections that are available. Each volume consisting of less than one hundred sections shall be marked on the first page of the volume. However, any volume that contains more or less than one hundred sections, due only to the oversight of the designated representatives of the signers or their staff, shall not result in a finding of insufficiency of signatures therein. Each section of each volume shall include the affidavits required by section 1-40-111 (2), together with the sheets containing the signatures accompanying the same. These bound volumes shall be filed with the secretary of state by the designated representatives of the proponents.
Source: L. 93: Entire article amended with relocations, p. 684, § 1, effective May 4. L. 95: (1) and (3) amended, p. 434, § 10, effective May 8. L. 2009: (1) amended, (HB 09-1326), ch. 258, p. 1175, § 11, effective May 15. L. 2010: (1) amended, (HB 10-1370), ch. 270, p. 1240, § 2, effective January 1, 2011. L. 2011: (1)(a) and (3) amended, (HB 11-1072), ch. 255, p. 1104, § 4, effective August 10. L. 2017: (1)(c) added, (SB 17-152), ch. 169, p. 618, § 4, effective August 9. L. 2020: (1)(d) added, (HB 20-1416), ch. 232, p. 1126, § 5, effective November 1.
Editor's note: (1) This section is similar to former § 1-40-107 as it existed prior to 1993, and the former § 1-40-113 was relocated to § 1-40-123.
(2) Section 8(2) of chapter 232 (HB 20-1416), Session Laws of Colorado 2020, provides that the act changing this section applies to initiatives that are submitted for a title with the state title board on or after November 1, 2020.
Cross references: (1) For the legislative declaration in the 2010 act amending subsection (1), see section 1 of chapter 270, Session Laws of Colorado 2010.
(2) For the legislative declaration in the 2011 act amending subsections (1)(a) and (3), see section 1 of chapter 255, Session Laws of Colorado 2011.