Petition Circulation Reference Manual

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V. Prohibited Activities

C.R.S. Title 1 Elections (PDF)

Violations of the following activities may be punished by a fine or imprisonment:

1. Fraudulent representation

It is illegal to intentionally circulate, sign or cause to be signed, any petition that so much as implies endorsement or approval of any person, organization, league, or political party without written consent and approval.

[1-40-130(1)(a), C.R.S.]

2. Elector signing a petition for another person / signing petition more than once

An elector signing a petition must not sign any name other than his/her own.

An elector must not knowingly sign a petition for the same measure or candidate more than once or sign a candidate petition for the same office more than once (where an elector may only sign one petition).

[1-4-904(2)(a)(b), C.R.S.]

[1-12-108(3)(b), C.R.S.]

[1-40-130(1)(b), C.R.S.]

[Rule 15.1.4(d)(11)]

3. Elector signing a petition if ineligible

An elector must not sign any petition if he/she is not a registered elector at the time of signing or not eligible to sign.

[1-4-904(1), C.R.S.]

[1-12-108(3)(b) & (5)(a), C.R.S.]

[1-40-130(1)(c), C.R.S.]

[Rule 15.1.4(d)]

4. Improper execution of circulator affidavit

A circulator must not sign the circulator affidavit on the petition form without knowing or reasonably believing the statements made in the affidavit to be true.

Additionally, a circulator must not sign the circulator affidavit on the petition form, unless he/she personally witnessed each signature on the petition section.

[1-4-905(2)(a), C.R.S.]

[1-12-108(6)(e), C.R.S.]

[1-40-130(1)(d)(k), C.R.S.]

5. Improper notarization

A notary public must be duly qualified under the laws of this state to administer an oath.

It is against the law for a notary public to certify a circulator affidavit attached to a petition, unless the affidavit was subscribed or sworn to before him/her.

A notary must not certify an affidavit attached to a petition that violates Colorado law.

[1-4-905(2)(b)(I), C.R.S.]

[1-12-108(6)(f), C.R.S.]

[1-40-111(2)(b) & 1-40-130(1)(e)(j), C.R.S]

6. Interference with elections

It is against the law for a person to willfully act, or conspire to do any act, which hinders, delays, or in any way interferes with:

  • the calling, holding, or conducting of any election allowed by the initiative powers given to the people in the Colorado State Constitution, or
  • the registering of electors.

[1-40-130(1)(f), C.R.S.]

7. Causing confusion or failure to submit a petition in proper form

It is against the law to:

  • willfully act to confuse or tend to confuse the issues submitted or proposed to be submitted at any election, or
  • refuse to submit any petition in the form presented for submission at any election.

[1-40-130(1)(g), C.R.S.]

8. Willful violation of statutory provisions governing petitions

It is against the law to willfully violate any provisions of Article 40, Title 1, C.R.S.

A circulator can be prosecuted for violating the law governing the circulation of petitions.

[1-4-905(2)(a), C.R.S.]

[1-12-108(6)(e)(VIII), C.R.S.]

[1-40-111(2)(a) & 1-40-130(1)(h), C.R.S]

9. Bribery

It is against the law to pay, or promise to pay, money or other things of value to an elector for the purpose of inducing an elector to:

  • sign a petition, or
  • withdraw his/her name from a petition (initiative only).

[1-4-905(2)(a), C.R.S.]

[1-12-108(6)(e)(VII), C.R.S.]

[1-40-111(2)(a) & 1-40-130(1)(i), C.R.S]

10. Improper circulation of the petition

No person may circulate a petition section, in whole or in part, other than the circulator who signs the circulator affidavit attached to the petition section.

[1-4-905(4)(a)(II) C.R.S.]

[1-12-108(6)(e)(IV), C.R.S.]

[1-40-130(1)(l), C.R.S.]

11. Tampering with a petition

It is against the law to:

  • willfully destroy, deface, mutilate, or suppress any initiative or referendum petition;
  • willfully neglect to file or delay the delivery of the initiative or referendum petition;
  • conceal or remove any initiative or referendum petition from the possession of the person authorized by law to have the custody thereof;
  • add, amend, alter, or in any way change the information on the petition as provided by the elector; or
  • aid, counsel, procure, or assist any person in doing any of said acts.

Note: this does not prevent a circulator from striking a complete line on the petition if the circulator believes the line to be invalid.

[1-12-108(10), C.R.S.]

[1-40-131, C.R.S.]

12. Forgery

It is against the law to forge the name of a person as a signer or witness to a petition.

[1-4-905(4)(a)(I), C.R.S.]

[1-12-108(6)(g)(I), C.R.S.]

[1-40-111(3)(a)(I), C.R.S.]

13. Improperly assisting disabled electors

The circulator of a petition section may not assist a physically disabled or illiterate elector in signing the petition or otherwise completing the information required.

[1-4-904(4), C.R.S.]

[1-12-108(5)(d), C.R.S.]

[1-40-111(1), C.R.S.]

14. Use of false circulator name or address

A petition circulator must not provide a false name or address in the circulator affidavit.

[1-4-905(4)(a)(III), C.R.S.]

[1-12-108(6)(g)(III), C.R.S.]

[1-40-111(3)(a)(III), C.R.S.]

15. Compensating circulators without a petition entity license

It is unlawful for a petition entity to provide compensation to a circulator without first obtaining a license from and registering with the Secretary of State.

[1-4-905.5(2)(a) & (4)(a)(I), C.R.S.]

[1-40-135(2)(a) & (5)(a), C.R.S.]

16. Permitting unlawful/fraudulent activities

Permitting unlawful or fraudulent activities may result in the denial or revocation of a petition entity license. A petition entity must not authorize or knowingly permit:

  • forgery of a registered elector’s signature;
  • circulation of a petition section by anyone other than the individual who signs the circulator affidavit;
  • use of a false circulator name or address in the circulator affidavit;
  • payment of money or other things of value to any person for the purpose of inducing the person to sign or withdraw his/her name from a petition; or
  • the notarization of a petition section by a notary public outside the presence of the circulator or without the required identification.

[1-4-905.5(2)(c), C.R.S.]

[1-40-135(2)(c), C.R.S.]

17. Delivery of petition to candidate or candidate committee by petition entity

A petition entity shall ensure that a petition circulated by the entity is delivered to the candidate or candidate committee no later than three days before the deadline for the candidate to file the petition.

[1-4-905.5(5), C.R.S.]

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