Colorado § 1-40-113 - Form - representatives of signers.

§ 1-40-113. Form - representatives of signers.

(1) (a) Each section of a petition shall be printed on a form as prescribed by the secretary of state. No petition shall be printed, published, or otherwise circulated unless the form and the first printer's proof of the petition have been approved by the secretary of state. The designated representatives of the proponent are responsible for filing the printer's proof with the secretary of state, and the secretary of state shall notify the designated representatives whether the printer's proof is approved. Each petition section shall designate by name and mailing address two persons who shall represent the signers thereof in all matters affecting the same. The secretary of state shall assure that the petition contains only the matters required by this article and contains no extraneous material. All sections of any petition shall be prenumbered serially, and the circulation of any petition section described by this article other than personally by a circulator is prohibited. Any petition section circulated in whole or in part by anyone other than the person who signs the affidavit attached to the petition section shall be invalid. Any petition section that fails to conform to the requirements of this article or is circulated in a manner other than that permitted in this article shall be invalid.

(b) The secretary of state shall notify the proponents at the time a petition is approved pursuant to paragraph (a) of this subsection (1) that the proponents must register an issue committee pursuant to section 1-45-108 (3.3) if two hundred or more petition sections are printed or accepted in connection with circulation of the petition.

(c) The secretary of state shall notify the proponents at the time a petition format for an initiated amendment to the state constitution is approved pursuant to subsection (1)(a) of this section of the number and boundaries of the state senate districts in existence and the number of registered electors in each state senate district at the time of approval.

(d) The secretary of state shall notify the director of research of the legislative council at the time a petition is approved pursuant to (1)(a) of this section.

(2) Any disassembly of a section of the petition which has the effect of separating the affidavits from the signatures shall render that section of the petition invalid and of no force and effect.

(3) Each section of the petition must include the affidavits required by section 1-40-111 (2), together with the sheets containing the signatures accompanying the same.

Source: L. 93: Entire article amended with relocations, p. 684, § 1, effective May 4. L. 95: (1) and (3) amended, p. 434, § 10, effective May 8. L. 2009: (1) amended, (HB 09-1326), ch. 258, p. 1175, § 11, effective May 15. L. 2010: (1) amended, (HB 10-1370), ch. 270, p. 1240, § 2, effective January 1, 2011. L. 2011: (1)(a) and (3) amended, (HB 11-1072), ch. 255, p. 1104, § 4, effective August 10. L. 2017: (1)(c) added, (SB 17-152), ch. 169, p. 618, § 4, effective August 9. L. 2020: (1)(d) added, (HB 20-1416), ch. 232, p. 1126, § 5, effective November 1. L. 2021: (3) amended, (SB 21-250), ch. 282, p. 1669, § 72, effective June 21.

Editor's note: This section is similar to former § 1-40-107 as it existed prior to 1993, and the former § 1-40-113 was relocated to § 1-40-123.

Cross references: (1) For the legislative declaration in the 2010 act amending subsection (1), see section 1 of chapter 270, Session Laws of Colorado 2010.

(2) For the legislative declaration in the 2011 act amending subsections (1)(a) and (3), see section 1 of chapter 255, Session Laws of Colorado 2011.

ANNOTATION

Annotator's note. The following annotations include cases decided under former provisions similar to this section.

There is a substantial compliance with the requirements that petitions for the initiation of measures shall be printed on pages eight and one-half inches wide, and fourteen inches long with a margin of two inches at the top for binding, where the pages of the protested document are eight and one-half inches wide, thirteen and fifteen-sixteenths inches long, and the top margin varies from one and five-sixteenths inches to two and one-sixteenth inches on the various sheets. Brownlow v. Wunch, 103 Colo. 120, 83 P.2d 775 (1938).

And the separation and alteration of sections of a petition to initiate a measure, destroys the integrity of each one so separated and altered, and renders it worthless. Elkins v. Milliken, 80 Colo. 135, 249 P. 655 (1926); Miller v. Armstrong, 84 Colo. 416, 270 P. 877 (1928).

Applied in Leach & Arnold Homes, Inc. v. City of Boulder, 32 Colo. App. 16, 507 P.2d 476 (1973).