Colorado Code
Article 40 - Initiative and Referendum
§ 1-40-121. Designated Representatives - Expenditures Related to Petition Circulation - Report - Penalty - Definitions

(1) As used in this section, unless the context otherwise requires:
(a) "Expenditure" shall have the same meaning as set forth in section 2 (8) of article XXVIII of the state constitution and includes a payment to a circulator.
(b) "False address" means the street address, post office box, city, state, or any other designation of place used in a circulator's affidavit that does not represent the circulator's correct address of permanent domicile at the time he or she circulated petitions. "False address" does not include an address that merely omits the designation of "street", "avenue", "boulevard", or any comparable term.
(c) "Report" means the report required to be filed pursuant to subsection (2) of this section.
(2) No later than ten days after the date that the petition is filed with the secretary of state, the designated representatives of the proponents must submit to the secretary of state a report that:
(a) States 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 section of the petition, the gross amount of wages paid for such hours, and any addresses used by circulators on their affidavits that the designated representatives or their agents have determined, prior to petition filing, to be false addresses;
(b) Includes any other expenditures made by any person or issue committee related to the circulation of petitions for signatures. Such information shall include the name of the person or issue committee and the amount of the expenditure.
(3) (a) Within ten days after the date the report is filed, a registered elector may file a complaint alleging a violation of the requirements for the report set forth in subsection (2) of this section. The designated representatives of the proponents may cure the alleged violation by filing a report or an addendum to the original report within ten days after the date the complaint is filed. If the violation is not cured, an administrative law judge shall conduct a hearing on the complaint within fourteen days after the date of the additional filing or the deadline for the additional filing, whichever is sooner.
(b) (I) After a hearing is held, if the administrative law judge determines that the designated representatives of the proponents intentionally violated the reporting requirements of this section, the designated representatives shall be subject to a penalty that is equal to three times the amount of any expenditures that were omitted from or erroneously included in the report.
(II) If the administrative law judge determines that the designated representatives intentionally misstated a material fact in the report or omitted a material fact from the report, or if the designated representatives never filed a report, the registered elector who instituted the proceedings may commence a civil action to recover reasonable attorney fees and costs from the designated representatives of the proponents.
(c) Except as otherwise provided in this section, any procedures related to a complaint shall be governed by the "State Administrative Procedure Act", article 4 of title 24, C.R.S.
Source: L. 93: Entire article amended with relocations, p. 690, § 1, effective May 4. L. 95: (1) and IP(2) amended, p. 436, § 15, effective May 8. L. 98: (1) amended, p. 815, § 2, effective August 5. L. 2007: Entire section amended, p. 1983, § 36, effective August 3. L. 2009: (1) amended, (HB 09-1326), ch. 258, p. 1178, § 15, effective May 15. L. 2011: Entire section R&RE, (HB 11-1072), ch. 255, p. 1105, § 6, effective August 10.
Cross references: For the legislative declaration in the 2011 act amending this section, see section 1 of chapter 255, Session Laws of Colorado 2011.

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