Colorado § 1-40-132 - Enforcement.
Full text of Colorado Colorado Revised Statutes § 1-40-132 — Enforcement., with citation guidance and answers to common questions.
§ 1-40-132. Enforcement.
(1) The secretary of state is charged with the administration and enforcement of the provisions of this article relating to initiated or referred measures and state constitutional amendments. The secretary of state shall have the authority to promulgate rules as may be necessary to administer and enforce any provision of this article that relates to initiated or referred measures and state constitutional amendments. The secretary of state may conduct a hearing, upon a written complaint by a registered elector, on any alleged violation of the provisions relating to the circulation of a petition, which may include but shall not be limited to the preparation or signing of an affidavit by a circulator. If the secretary of state, after the hearing, has reasonable cause to believe that there has been a violation of the provisions of this article relating to initiated or referred measures and state constitutional amendments, he or she shall notify the attorney general, who may institute a criminal prosecution. If a circulator is found to have violated any provision of this article or is otherwise shown to have made false or misleading statements relating to his or her section of the petition, such section of the petition shall be deemed void.
(2) (Deleted by amendment, L. 95, p. 439, § 22, effective May 8, 1995.)
Source: L. 93: Entire article amended with relocations, p. 695, § 1, effective May 4. L. 95: Entire section amended, p. 439, § 22, effective May 8.
Editor's note: Subsection (1) is similar to former § 1-40-119 as it existed prior to 1993.
ANNOTATION
Subsection (1) is inapplicable to determination whether a petition has a sufficient number of valid signatures to qualify for placement of an initiated measure on the ballot. Read in context, subsection (1) addresses violations that involve criminal culpability. The administrative hearing required by subsection (1) is applicable to general proceedings regarding a sufficiency determination. Fabec v. Beck, 922 P.2d 330 (Colo. 1996).
Frequently Asked Questions About Colorado § 1-40-132
What does Colorado Revised Statutes § 1-40-132 cover?
Section 1-40-132 ("Enforcement.") is part of the Colorado Revised Statutes, the codified statutory law of Colorado. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Colorado § 1-40-132?
A common citation format is "Colorado Revised Statutes § 1-40-132" (Colorado). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Colorado law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Colorado official source linked on this page or consult a licensed Colorado attorney.
How does Colorado § 1-40-132 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Colorado can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Colorado.