(1) As
used in this section:
(a) Candidate has the same meaning as set forth in section 2 (2) of article
XXVIII of the state constitution.
(b) Candidate committee has the same meaning as set forth in section 2 (3)
of article XXVIII of the state constitution.
(c) Petition entity means any person or committee that directly or indirectly
provides payment to a circulator to circulate a petition to nominate a candidate, to
recall an elected officer in accordance with article 12 of this title 1, or to create a
minor party in accordance with part 13 of this article 4.
(d) Recall committee means the committee of signers described in section
1-12-108 (2)(b).
(2) (a) It is unlawful for any petition entity to provide payment to a circulator
to circulate a petition to nominate a candidate, to recall an elected officer, or to
create a minor party without first obtaining a license from the secretary of state.
(b) (I) The secretary of state may deny a license if the secretary finds that
the petition entity or any of its principals have been found, in a judicial or
administrative proceeding, to have violated the petition laws of Colorado or any
other state, that the petition entity or any of its principals have been convicted in
Colorado or any other state of election fraud, any other election offense, or an
offense with an element of fraud, or that the petition entity knowingly contracted
with a petition entity or a principal of a petition entity that has been found, in a
judicial or administrative proceeding, to have authorized or knowingly permitted any
of the acts set forth in subsection (2)(c) of this section.
(II) The secretary of state shall deny a license if no current representative of
the petition entity has completed the training related to potential fraudulent
activities in petition circulation as established by the secretary of state in
accordance with section 1-4-905 (7).
(c) The secretary of state shall revoke a petition entity's license if, at any
time after receiving a license, the petition entity is determined to no longer be in
compliance with the requirements set forth in subsection (2)(b) of this section or if
the petition entity authorized or knowingly permitted:
(I) Forgery of a registered elector's signature;
(II) Circulation of a petition section, in whole or part, by anyone other than
the circulator who signs the affidavit attached to the petition section;
(III) Use of a false circulator name or address in the affidavit;
(IV) Payment of money or other things of value to any person for the purpose
of inducing the person to sign or withdraw his or her name from a petition; or
(V) A notary public's notarization of a circulator affidavit outside of the
physical presence of the circulator or without the production of the required
identification for notarization of a petition section.
(3) (a) Whenever the secretary of state believes that a violation of this
section has occurred, the secretary of state may investigate the violation. The
secretary of state may also investigate possible violations of this section upon a
signed complaint from any person.
(b) If the secretary of state denies, revokes, suspends, or imposes a condition
on a license, the applicant or licensee is entitled to timely notice and hearing in
accordance with article 4 of title 24.
(c) If, after a hearing, the secretary of state finds that an unlicensed petition
entity circulated a petition in violation of this section, the secretary of state shall
fine the petition entity in an amount not to exceed one hundred dollars per
circulator for each day that the individual or individuals circulated petition sections
on behalf of the unlicensed petition entity.
(d) If, after a hearing, the secretary of state finds that a petition entity
violated a provision of subsection (2)(c) of this section or contracted with a petition
entity that violated a provision of subsection (2)(c) of this section, the secretary may
fine the petition entity in an amount not to exceed five thousand dollars and shall
revoke the entity's license for not less than one year or more than two years. Upon
finding any subsequent violation of a provision of subsection (2)(c) of this section,
the secretary may fine the petition entity in an amount not to exceed five thousand
dollars and shall revoke the petition entity's license for not less than two years or
more than three years. The secretary shall consider all circumstances surrounding
the violations in fixing the length of the revocations.
(e) If, after a hearing, the secretary of state finds that a petition entity
violated the requirements of subsection (5) of this section, the secretary shall fine
the petition entity in an amount not to exceed five thousand dollars.
(f) A petition entity whose license has been revoked may apply for
reinstatement to be effective upon expiration of the term of revocation.
(g) In determining whether to reinstate a license, the secretary of state may
consider:
(I) The entity's ownership by, employment of, or contract with any person
who served as a director, officer, owner, or principal of a petition entity whose
license was revoked under this section or section 1-40-135, the role of such
individual in the facts underlying the prior license revocation, and the role of such
individual in a petition entity's post-revocation activities; and
(II) Any other facts the entity chooses to present to the secretary, including
but not limited to remedial steps, if any, that have been implemented to avoid
future acts that would violate this article 4 or article 40 of this title 1.
(4) (a) The secretary of state shall issue a decision on any application for a
new or reinstated license within ten business days after a petition entity files an
application. The application must be on a form prescribed by the secretary and
must include, at a minimum:
(I) The name of any candidate, candidate committee, or recall committee for
which a petition will be circulated by circulators coordinated or paid by the petition
entity;
(II) The current name, address, telephone number, and electronic-mail
address of the petition entity; and
(III) The name and signature of the designated agent of the petition entity for
the candidate, candidate committee, or recall committee.
(b) A petition entity shall notify the secretary of state within twenty days of
any change in the information submitted pursuant to subsection (4)(a) of this
section.
(c) The secretary of state shall charge a nonrefundable license fee for each
application in accordance with section 24-21-104 (3).
(5) A petition entity shall ensure that a petition circulated by the entity is
delivered to the candidate, candidate committee, or recall committee no later than
three days before the deadline for the candidate to file the petition.
(6) The secretary of state may create a single application and license, and
charge a single fee, for entities subject to this section and section 1-40-135.