C.R.S. Section 1-4-905.5
Petition entities

  • requirements
  • violations
  • definitions

(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)

Intentionally left blank —Ed.

(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)

Intentionally left blank —Ed.

(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)

Intentionally left blank —Ed.

(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)

Intentionally left blank —Ed.

(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.

Source: Section 1-4-905.5 — Petition entities - requirements - violations - definitions, 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

§ 1-4-905.5’s source at colorado​.gov