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I. General information regarding initiatives & petition circulation
C.R.S. Title 1 Elections (PDF)
1. Definition of an initiative
An “Initiative” is a measure proposed by petition of eligible electors to amend or add to the Colorado constitution or the Colorado Revised Statutes.
2. Definition of a circulator
A “circulator” is a person who presents to other persons for possible signature a petition to place a measure on the ballot by initiative or referendum or a petition to nominate a candidate.
[1-40-102(3.5), C.R.S.]
3. Definition of a petition entity
A “petition entity” means any person or committee that directly or indirectly provides payment to a circulator to circulate a petition to nominate a candidate, recall an elected officer, or any person or issue committee that provides compensation to a circulator to circulate an initiative petition.
[1-4-905.5(1)(c), C.R.S.]
[1-40-135(1), C.R.S.]
4. Who may circulate a petition
In order to circulate a candidate, initiative, or referendum petition you must be:
1) a citizen of the United States; and
2) at least eighteen (18) years old at the time that the petition is circulated.
[1-4-905(1), C.R.S.]
[1-12-108(6)(a), C.R.S.]
[1-40-112(1), C.R.S.]
5. Who is required to participate in this training program
Any petition entity that provides compensation to a circulator to circulate a petition must obtain a license from the Secretary of State. To complete the license application, a designated agent of the petition entity must confirm that a current representative of the petition entity has completed this training program.
[1-4-905.5(2)(a)(II), C.R.S.]
[1-40-135(2)(a)(II), C.R.S.]
[Rule 15.2.1(d)(2)]
6. Why circulators should participate in this training program
This program provides a basic overview of circulator rights and responsibilities to help prepare circulators for gathering signatures.
Additionally, completing the training program is one way that a circulator may comply with the requirement in the circulator’s affidavit that a circulator read and understood the laws pertaining to petition circulation.
The training program will also provide circulators and petition entity representatives with an overview of all the steps and processes involved with circulating petitions in Colorado.
[1-4-905(7), C.R.S.]
[1-12-108(6)(d), C.R.S.]
[1-40-112(3), C.R.S.]
7. Circulator badge requirements
If you are a circulator who will not be paid for a petition, you must display an identification badge that includes the words "VOLUNTEER CIRCULATOR" in bold-faced type that is clearly legible.
If you are a circulator who will be paid for circulating a petition, you must display an identification badge that includes the clearly legible words "PAID CIRCULATOR" in bold-faced type and the name and telephone number of the individual employing the circulator.
[1-4-905(6)(a)(b), C.R.S.]
[1-12-108(6)(b)(c), C.R.S.]
[1-40-112(2)(a)(b), C.R.S.]
8. Petition proponent & petition entity responsibilities
a. List of circulators & notaries
The candidate or proponents of a petition or a candidate committee or issue committee acting on the candidate or proponents' behalf shall maintain a list of the following:
- the names and addresses of all individuals who circulated petition sections on behalf of the proponents;
- the names of all notaries public who notarized petition sections on behalf of the proponents; and
- the petition section numbers that each individual circulated and that each notary public notarized.
A copy of the list must be filed with the Secretary of State at the time the petition is submitted. If a copy of the list is not filed, the Secretary of State will prepare the list and charge the proponents a fee to cover the cost of the preparation.
This list is considered a public record for purposes of Article 72, Title 24, C.R.S.
[1-4-905(5), C.R.S.]
[1-12-108(6)(i), C.R.S.]
[1-40-111(4), C.R.S.]
b. Paid circulator report (initiative and referendum petitions only)
A payment made to a circulator is an expenditure under Article 45, Title 1, C.R.S. (“Fair Campaign Practices Act”). Therefore, proponents of the initiative petition, or an issue committee acting on behalf of the proponents, must file a report with the Secretary of State including:
- the dates of circulation by all circulators who were paid to circulate a section of the petition;
- the total hours for which each circulator was paid to circulate a petition section (if circulators are paid hourly);
- the gross amount paid for the signatures on the petition;
- any addresses used by circulators on their affidavits that the designated representatives or their agents have determined, before filing the petition, to be false; and
- any expenditures made by any person or issue committee related to the circulation of petitions, including the name of the person or issue committee and the amount of the expenditure.
The filing must be made no later than ten (10) days after the initiative petition is filed with the Secretary of State.
[1-40-121(2), C.R.S.]
Any person or issue committee that provides compensation to an individual to circulate an initiative petition or any person or committee that provides payment to a circulator to circulate a petition to nominate a candidate or recall and elected officer must obtain a petition entity license from the Secretary of State before compensating any individual.
A petition entity's representative needs start by creating a petition entity account. Then, log in to file a petition entity license application and pay the fee.
[1-4-905.5(2)(a), C.R.S.]
[1-40-135(2)(a), C.R.S.]
d. Petition entity registration
A licensed petition entity must also register with the Secretary of State prior to circulating a candidate, initiative and/or recall petition. To register, the petition entity must complete and submit a petition registration form(s) (PDF) and the ballot title(s) for the initiative petitions they wish to circulate (if circulating an initiative petition). The forms are available online at the Secretary of State’s website.
To complete the petition registration form for circulating an initiative petition, the following information must be provided:
1) The initiative number(s) of any proposed measure(s) for which a petition will be circulated by circulators coordinated or paid by the petition entity;
2) The current name, address, telephone number, and electronic mail address of the petition entity;
3) The name and signature of the designated agent of the petition entity for the proposed measure; and
4) A copy of the ballot title(s) of each proposed measure for which a petition will be circulated.
To complete the petition registration form for circulating a candidate or recall petition, the following information must be provided:
1) 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;
2) The current name, address, telephone number, and electronic mail address of the petition entity;
3) The name and signature of the designated agent of the petition entity for the candidate, candidate committee, or recall committee;
Note: a petition entity must notify the Secretary of State within 20 days of any change in the registration information submitted.
[1-4-905.5(4)(a)(I)(II)(III) & (b), C.R.S.]
[1-40-135(5)(a), C.R.S.]
9. Secretary of State approval
Before a petition may be circulated, the petition format must be created by the Secretary of State, reviewed by the candidate/committee/proponents, and approved by the Secretary of State for circulation. Candidates or their representatives, proponents of an initiative or referendum petition, and recall committees must file a printer’s proof copy of the petition before approval can be issued.
[1-4-903, C.R.S.]
[1-12-108(4)(a), C.R.S.]
[1-40-113(1)(a), C.R.S.]