(1) (a) No petition for any initiated law is of any force or effect, nor shall the proposed law be submitted to the people of the state of Colorado for adoption or rejection at the polls, as is by law provided for, unless the petition for the submission of the initiated law is signed by the number of registered electors required by section 1 (2) of article V of the state constitution.
(b) No petition for any initiated amendment to the state constitution is of any force or effect, nor shall the initiated amendment to the state constitution be submitted to the people of the state of Colorado for adoption or rejection at the polls, as is by law provided for, unless the petition for the submission of the initiated amendment to the state constitution is signed by the number of registered electors required by the state constitution who reside in each state senate district in Colorado, so long as the total number of registered electors who have signed the petition is at least the number of registered electors required by section 1 (2) of article V of the state constitution. For purposes of this subsection (1)(b), the number and boundaries of the state senate districts are those in existence, and the number of registered electors in the state senate districts is those registered, at the time the form of the petition is approved for circulation in accordance with section 1-40-113 (1)(a).
(2) (Deleted by amendment, L. 95, p. 433 , § 7, effective May 8, 1995.)
(3) Any person who is a registered elector may sign a petition for any ballot issue for which the elector is eligible to vote. A registered elector who signs a petition may withdraw his or her signature from the petition by filing a written request for such withdrawal with the secretary of state at any time on or before the day that the petition is filed with the secretary of state.
Source: L. 93: Entire article amended with relocations, p. 682, § 1, effective May 4. L. 94: (2) amended, p. 1180, § 73, effective July 1. L. 95: (2) and (3) amended, p. 433, § 7, effective May 8. L. 2009: (3) amended, (HB 09-1326), ch. 258, p. 1172, § 7, effective May 15. L. 2017: (1) amended, (SB 17-152), ch. 169, p. 617, § 3, effective August 9.
Editor's note: This section is similar to former § 1-40-105 as it existed prior to 1993, and the former § 1-40-109 was relocated. For a detailed comparison, see the comparative tables located in the back of the index.
Structure Colorado Code
Article 40 - Initiative and Referendum
§ 1-40-101. Legislative Declaration
§ 1-40-103. Applicability of Article
§ 1-40-104. Designated Representatives
§ 1-40-105.5. Initial Fiscal Impact Statement - Definition
§ 1-40-106. Title Board - Meetings - Ballot Title - Initiative and Referendum - Definitions
§ 1-40-107. Rehearing - Appeal - Fees - Signing
§ 1-40-108. Petition - Time of Filing
§ 1-40-109. Signatures Required - Withdrawal
§ 1-40-110. Warning - Ballot Title
§ 1-40-111. Signatures - Affidavits - Notarization - List of Circulators and Notaries
§ 1-40-112. Circulators - Requirements - Training
§ 1-40-113. Form - Representatives of Signers
§ 1-40-114. Petitions - Not Election Materials - No Bilingual Language Requirement
§ 1-40-115. Ballot - Voting - Publication
§ 1-40-116. Validation - Ballot Issues - Random Sampling - Rules
§ 1-40-117. Statement of Sufficiency - Cure
§ 1-40-119. Procedure for Hearings
§ 1-40-120. Filing in Federal Court
§ 1-40-122. Certification of Ballot Titles
§ 1-40-123. Counting of Votes - Effective Date - Conflicting Provisions
§ 1-40-124.5. Ballot Information Booklet
§ 1-40-125. Mailing to Electors
§ 1-40-130. Unlawful Acts - Penalty
§ 1-40-131. Tampering With Initiative or Referendum Petition
§ 1-40-133. Retention of Petitions
§ 1-40-134. Withdrawal of Initiative Petition