C.R.S. Section 1-4-905
Circulators

  • requirements
  • affidavits
  • notarization
  • training

(1)

A person shall not circulate a petition to nominate a candidate unless the person is a citizen of the United States and at least eighteen years of age.

(2)

Intentionally left blank —Ed.

(a)

Each petition section must have attached a signed, notarized, and dated affidavit executed by the person who circulated the petition section, which must include: The affiant’s printed name, the address at which the affiant resides, including the street name and number, the city or town, the county, and the date of signature; a statement that the affiant has read and understands the laws governing the circulation of petitions; a statement that the affiant was a citizen of the United States and at least eighteen years of age at the time the section of the petition was circulated and signed by the listed electors; a statement that the affiant circulated the section of the petition; a statement that each signature on the petition section was affixed in the affiant’s presence and is the signature of the person whose name it purports to be; a statement that to the best of the affiant’s knowledge and belief each of the persons signing the petition section was, at the time of signing, an eligible elector; a statement that the affiant has not paid or will not in the future pay and that the affiant believes that no other person has paid or will pay, directly or indirectly, any money or other thing of value to any signer for the purpose of inducing or causing the signer to sign the petition; a statement that the affiant understands that the affiant can be prosecuted for violating the law governing the circulation of petitions, including the requirement that the affiant truthfully completed the affidavit and that each signature thereon was affixed in the affiant’s presence; and a statement that the affiant understands that failing to make himself or herself available to be deposed and to provide testimony in the event of a protest shall invalidate the petition section if it is challenged on the grounds of circulator fraud.

(b)

Intentionally left blank —Ed.

(I)

A notary public shall not notarize an affidavit required under subsection (2)(a) of this section unless:

(A)

The circulator is in the physical presence of the notary public; and

(B)

The circulator has dated the affidavit and fully and accurately completed all of the personal information on the affidavit required by subsection (2)(a) of this section.

(II)

An affidavit that is notarized in violation of any provision of subsection (2)(b)(I) of this section is invalid.

(III)

If the date signed by a circulator on an affidavit required under subsection (2)(a) of this section is different from the date signed by the notary public, the affidavit is invalid. If a notary public notarizes an affidavit that has not been dated by the circulator, the notarization date does not cure the circulator’s failure to date the affidavit and the affidavit is invalid.

(3)

The designated election official shall not accept for filing any section of a petition which does not have attached to it the notarized affidavit required by this section. Any signature added to a section of a petition after the affidavit has been executed is invalid.

(4)

Intentionally left blank —Ed.

(a)

As part of any court proceeding or hearing conducted by the secretary of state or designated election official related to a protest of all or part of a petition section, the circulator of such petition section shall be required to make himself or herself available to be deposed and to testify in person, by telephone, or by any other means permitted under the Colorado rules of civil procedure. Except as set forth in subsection (4)(b) of this section, the petition section that is the subject of the protest shall be invalid if a circulator fails to comply with the requirement set forth in this subsection (4)(a) for any protest that includes an allegation of circulator fraud that is pled with particularity regarding:

(I)

Forgery of an eligible elector’s signature;

(II)

Circulation of a petition section, in whole or part, by anyone other than the person who signs the affidavit attached to the petition section;

(III)

Use of a false circulator name or address in the affidavit; or

(IV)

Payment of money or other things of value to any person for the purpose of inducing the person to sign the petition.

(b)

Upon the finding by a district court, the secretary of state, or the designated election official that the circulator of a petition section is unable to be deposed or to testify at trial or a hearing conducted by the secretary of state or designated election official because the circulator has died, become mentally incompetent, or become medically incapacitated and physically unable to testify by any means whatsoever, the provisions of subsection (4)(a) of this section do not apply to invalidate a petition section circulated by the circulator.

(5)

A candidate or candidate committee shall maintain a list of the names and addresses of all circulators who circulated petition sections on behalf of the candidate, the notaries public who notarized petition sections on behalf of the candidate, and the petition section numbers that each circulator circulated and that each notary public notarized. A copy of the list shall be filed with the secretary of state or designated election official along with the petition. If a copy of the list is not filed, the secretary of state or designated election official shall prepare the list and charge the proponents a fee to cover the actual cost of the preparation. Once filed or prepared by the secretary of state or designated election official, the list is a public record for purposes of article 72 of title 24.

(6)

Intentionally left blank —Ed.

(a)

A circulator who is not to be paid for circulating a petition shall display an identification badge that includes the words “VOLUNTEER CIRCULATOR” in bold-faced type that is clearly legible.

(b)

A circulator who is to be paid for circulating a petition shall display an identification badge that includes the words “PAID CIRCULATOR” in bold-faced type that is clearly legible and the name and telephone number of the individual employing the circulator.

(7)

The secretary of state shall develop circulator training programs for paid and volunteer circulators and shall offer the training programs in the most cost-effective manner available. A candidate, committee, or petition entity shall inform paid and volunteer circulators of the availability of these training programs as one manner of complying with the requirement set forth in the circulator’s affidavit that a circulator read and understand the laws pertaining to petition circulation.

Source: Section 1-4-905 — Circulators - requirements - affidavits - notarization - training, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-01.­pdf (accessed Oct. 20, 2023).

1‑4‑101
Primary elections - when - nominations - expenses
1‑4‑102
Methods of placing names on primary ballot
1‑4‑103
Order of names on primary ballot
1‑4‑104
Party nominees
1‑4‑104.5
Primary election canceled - when
1‑4‑105
Defeated candidate ineligible
1‑4‑201
Time of holding general election
1‑4‑202
United States senators
1‑4‑203
Representatives in congress
1‑4‑204
State and district officers
1‑4‑205
County commissioners
1‑4‑206
Other county officers
1‑4‑301
Time of holding presidential elections
1‑4‑302
Party nominations to be made by convention
1‑4‑304
Presidential electors
1‑4‑305
Compensation
1‑4‑401
Time of congressional vacancy elections
1‑4‑401.5
Special congressional vacancy election - continuity in representation - rules
1‑4‑402
Nominations of political party candidates
1‑4‑403
Nomination of unaffiliated candidates for congressional vacancy election
1‑4‑404
Nomination and acceptance of candidate
1‑4‑501
Only eligible electors eligible for office
1‑4‑502
Methods of nomination for partisan candidates
1‑4‑503
Method of nomination for nonpartisan candidates
1‑4‑504
Documents are public records
1‑4‑601
Designation of candidates for primary election - definition
1‑4‑602
Delegates to party assemblies - definition
1‑4‑603
Designation of major political party candidates by petition
1‑4‑604
Filing of petitions and certificates of designation by assembly - legislative declaration
1‑4‑605
Order of names on primary ballot
1‑4‑701
Party nominations to be made by convention
1‑4‑702
Nominations of candidates for general election by convention
1‑4‑801
Designation of party candidates by petition
1‑4‑802
Petitions for nominating minor political party and unaffiliated candidates for a partisan office
1‑4‑803
Petitions for nominating school district directors
1‑4‑805
Petitions for nominating municipal candidates in coordinated elections
1‑4‑806
Preregistrants eligible to sign petitions
1‑4‑901
Designation of petition
1‑4‑902
Form of petition
1‑4‑903
Approval of petition
1‑4‑904
Signatures on the petitions
1‑4‑905
Circulators - requirements - affidavits - notarization - training
1‑4‑905.5
Petition entities - requirements - violations - definitions
1‑4‑906
Candidate’s acceptance
1‑4‑907
Filing of petition
1‑4‑908
Review of petition - signature verification - notification - cure - rules
1‑4‑909
Protest of designations and nominations
1‑4‑911
Review of a protest
1‑4‑912
Cure - rules
1‑4‑1001
Withdrawal or disqualification from candidacy
1‑4‑1002
Vacancies in major party designation up to the sixty-eighth day before primary election day
1‑4‑1003
Vacancies in major party designation occurring between the sixty-seventh day before a primary election and the earliest day to mail primary election ballots
1‑4‑1004
Vacancies in major party designation occurring from the day after the earliest day to mail primary election ballots through primary election day
1‑4‑1005
Vacancies in major party nomination occurring from the day after primary election day through the earliest day to mail general election ballots
1‑4‑1006
Vacancies in major party nomination occurring from the day after the earliest day to mail general election ballots through general election day
1‑4‑1007
Vacancies in minor party designation or nomination
1‑4‑1008
Vacancies in unaffiliated designation or nomination
1‑4‑1009
Vacancies in school district director nomination
1‑4‑1010
Vacancies in office occurring from the sixty-eighth day prior to primary election day through the earliest day to mail general election ballots
1‑4‑1011
Vacancies of joint gubernatorial candidates - process for filling vacancy in nomination for office of lieutenant governor
1‑4‑1012
Remote participation in vacancy committee meetings
1‑4‑1101
Write-in candidate affidavit of intent
1‑4‑1102
Time of filing affidavit
1‑4‑1103
Write-in votes for governor, president
1‑4‑1201
Declaration
1‑4‑1202
Definitions
1‑4‑1203
Presidential primary elections - when - conduct
1‑4‑1204
Names on ballots
1‑4‑1205
Write-in candidate affidavit for presidential primary
1‑4‑1206
Presidential primary ballots - survey of returns
1‑4‑1207
Election results - certification - pledging of delegates
1‑4‑1301
Formation of minor political party
1‑4‑1302
Petition to qualify as a minor political party
1‑4‑1303
Qualifications to nominate by constitution or bylaws
1‑4‑1304
Nomination of candidates
1‑4‑1305
Disqualification of minor political party
1‑4‑1401
Legislative declaration
1‑4‑1402
Applicability of part
1‑4‑1403
Referral of question in single-county judicial districts
1‑4‑1404
Referral of question in multiple-county judicial districts
1‑4‑1405
Coordinated or general election ballot
1‑4‑1406
County clerk and recorder designated election official - certification of results to secretary of state
1‑4‑1407
Initiative - petition
1‑4‑1408
Prior actions not affected
Green check means up to date. Up to date

Current through Fall 2024

§ 1-4-905’s source at colorado​.gov