Colorado § 1-40-117 Statement of sufficiency - cure

Colorado Statutes

§ 1-40-117 — Statement of sufficiency - cure

Colorado·Title 01 Elections·Art. Initiative and Referendum

(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 amendment to the state constitution, the secretary of state shall 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.

(2)If the petition proposes an initiated law and was validated by random sample, the statement must contain the total number of signatures submitted and whether the number of signatures presumed valid was ninety percent of t

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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 amendment to the state constitution, the
secretary of state shall 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.

(2) If the petition proposes an initiated law and was validated by random
sample, the statement 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.

(3) (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(b) Repealed.

(4) During the review of a petition, the secretary of state shall notify the
designated representatives of the proponents of any errors and insufficiencies
regarding circulator affidavits. Upon the receipt of such a notification, the
designated representatives of the proponents have five calendar days from the
date of receipt of the notice to cure the errors and insufficiencies described in the
notice. To cure a circulator affidavit, the designated representative of the
proponents must provide the secretary of state with a new circulator affidavit that
corrects the errors of the previously submitted affidavit.

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Legislative History

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. L. 2021: (3)(b) repealed and (4) added, (SB 21-250), ch. 282, p. 1669, � 73, effective June 21.