Second Regular Session Sixty-ninth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 14-0853.01 Ed DeCecco x4216 SENATE BILL 14-116 SENATE SPONSORSHIP Steadman, Hodge, Lambert HOUSE SPONSORSHIP May, Duran, Gerou Senate Committees House Committees State, Veterans, & Military Affairs A BILL FOR AN ACT Concerning the range of initiative petition signatures that requires the secretary of state to do a line-by-line verification. Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://www.leg.state.co.us/billsummaries.) Joint Budget Committee. For a statewide initiative to appear on the ballot, at least 5% of the registered electors in the state must sign the initiative petition. After gathering signatures, the initiative proponents submit the initiative petition to the secretary of state for verification. The secretary of state then verifies the petition through random sampling. If the random sampling establishes that a petition has less than 90% of the total required to be on the ballot, it is deemed insufficient. If it has more than 110%, it is deemed sufficient. But if the random sampling establishes that the number of valid signatures is more than 90% but less than 110% of the required total, the secretary of state examines and verifies each petition signature filed (line-by-line verification). The bill reduces the range that prompts the line-by-line verification to 95% to 105% of the required total and makes corresponding changes to the percentage needed to be deemed sufficient or insufficient by random sampling alone. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, 1-40-116, amend (4) as follows: 1-40-116. Verification - ballot issues - random sampling. (4) The secretary of state shall verify the signatures on the petition by use of random sampling. The random sample of signatures to be verified shall be drawn so that every signature filed with the secretary of state shall be given an equal opportunity to be included in the sample. The secretary of state is authorized to engage in rule-making to establish the appropriate methodology for conducting such random sample. The random sampling shall include an examination of no less than five percent of the signatures, but in no event less than four thousand signatures. If the random sample verification establishes that the number of valid signatures is ninety ninety-five percent or less of the number of registered eligible electors needed to find the petition sufficient, the petition shall be deemed to be not sufficient. If the random sample verification establishes that the number of valid signatures totals one hundred ten five percent or more of the number of required signatures of registered eligible electors, the petition shall be deemed sufficient. If the random sampling shows the number of valid signatures to be more than ninety ninety-five percent but less than one hundred ten five percent of the number of signatures of registered eligible electors needed to declare the petition sufficient, the secretary of state shall order the examination and verification of each signature filed. SECTION 2. In Colorado Revised Statutes, 1-40-117, amend (2) as follows: 1-40-117. Statement of sufficiency - statewide issues. (2) If the petition was verified by random sample, the statement shall contain the total number of signatures submitted and whether the number of signatures presumed valid was ninety ninety-five percent of the required total or less or one hundred ten five percent of the required total or more. SECTION 3. Act subject to petition - effective date - applicability. (1) This act takes effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly (August 6, 2014, if adjournment sine die is on May 7, 2014); except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part will not take effect unless approved by the people at the general election to be held in November 2014 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor. (2) This act applies to initiative petitions submitted to the secretary of state for verification on or after the applicable effective date of this act.