§ 1-40-132 — Enforcement

(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 to administer and
enforce any provision of this article that relates to initiated or referred measures
and state constitutional amendments. The secretary of state may conduct a
hearing, upon a written complaint by a registered elector, on any alleged violation
of the provisions relating to the circulation of a petition, which may include but shall
not be limited to the preparation or signing of an affidavit by a circulator. If the
secretary of state, after the hearing, has reasonable cause to believe that there has
been a violation of the provisions of this article relating to initiated or referred
measures and state constitutional amendments, he or she shall notify the attorney
general, who may institute a criminal prosecution. If a circulator is found to have
violated any provision of this article or is otherwise shown to have made false or
misleading statements relating to his or her section of the petition, such section of
the petition shall be deemed void.

(2) (Deleted by amendment, L. 95, p. 439, � 22, effective May 8, 1995.)

Legislative History

Source: L. 93: Entire article amended with relocations, p. 695, � 1, effective May 4. L. 95: Entire section amended, p. 439, � 22, effective May 8.