(1) After examining the petition:
If the petition proposes a law, the secretary of state shall issue a statement as towhether a sufficient number of valid signatures appears to have been submitted to certify the petition to the ballot; or
If the petition proposes an amendment to the state constitution, the secretary of stateshall issue a statement as to whether a sufficient number of valid signatures from each state senate district and a sufficient total number of valid signatures appear to have been submitted to certify the petition to the ballot.
If the petition proposes an initiated law and was validated by random sample, thestatement must contain the total number of signatures submitted and whether the number of signatures presumed valid was ninety percent of the required total or less or one hundred ten percent of the required total or more.
(a) If the secretary declares that the petition appears not to have a sufficient number of valid signatures, the statement issued by the secretary must specify the number of sufficient and insufficient signatures. The secretary shall identify by section number and line number within the section those signatures found to be insufficient and the grounds for the insufficiency. Such information shall be kept on file for public inspection in accordance with section 1-40-118.
(b) In the event the secretary of state issues a statement declaring that a petition, having first been submitted with the required number of signatures, appears not to have a sufficient number of total valid signatures, a sufficient number of valid signatures in one or more state senate districts, or both, as applicable, the designated representatives of the proponents may cure the insufficiency by filing an addendum to the original petition for the purpose of offering such number of additional signatures as will cure the insufficiency. No addendum offered as a cure shall be considered unless the addendum conforms to requirements for petitions outlined in sections 1-40-110, 1-40-111, and 1-40-113 and unless the addendum is filed with the secretary of state within the fifteen-day period after the insufficiency is declared and unless filed with the secretary of state no later than three months before the election at which the initiative petition is to be voted on. All filings under this subsection (3)(b) shall be made by 3 p.m. on the day of filing. Upon submission of a timely filed addendum, the secretary of state shall order the examination of each signature on the addendum. The addendum shall not be available to the public for a period of up to ten calendar days for such examination. After examining the petition, the secretary of state shall, within ten calendar days, issue a statement as to whether the addendum cures the insufficiencies found in the original petition.
Source: L. 93: Entire article amended with relocations, p. 687, § 1, effective May 4. L. 2009: (3)(b) amended, (HB 09-1326), ch. 258, p. 1176, § 13, effective May 15. L. 2011: (3)(b) amended, (HB 11-1072), ch. 255, p. 1104, § 5, effective August 10. L. 2017: Entire section amended, (SB 17-152), ch. 169, p. 619, § 6, effective August 9.
Editor's note: This section is similar to former § 1-40-109 as it existed prior to 1993.
Cross references: For the legislative declaration in the 2011 act amending subsection (3)(b), see section 1 of chapter 255, Session Laws of Colorado 2011.