First Regular Session
Sixty-second General Assembly
LLS NO. 99-0343.01 Jason Gelender SENATE BILL 99-076
STATE OF COLORADO
BY SENATOR Lamborn
LOCAL GOVERNMENT
APPROPRIATIONS
A BILL FOR AN ACT
101 CONCERNING COUNTYWIDE BALLOT ISSUES.
Bill Summary
(Note: This summary applies to this bill as introduced and does
not necessarily reflect any amendments that may be subsequently
adopted.)
Grants county electors initiative and referendum powers with
respect to countywide issues. With respect to such powers:
Requires notice of a proposed county ordinance to be filed
with the board of county commissioners;
Requires a petition signed by at least 5% of the registered
electors of the county to be filed with the board of county
commissioners within 180 days after the filing of such
notice;
States the procedures for determining the sufficiency of
such a petition;
Requires the board of county commissioners to adopt a
proposed ordinance within 20 days after the final
determination of a petition's sufficiency or submit the
proposed ordinance to the registered electors of the county
at an election held 60 or more days, but not more than 150
days, after the final determination of petition sufficiency;
States that, if conflicting ordinances are approved by the
registered electors of the county, the ordinance receiving
the most affirmative votes shall be adopted in all
particulars in which there is a conflict;
States that a referendum petition signed by 5% of the
registered electors of a county protesting a county
ordinance or portion thereof may be filed with the county
clerk and recorder within 30 days after the final publication
of the ordinance;
[ ] denotes HOUSE amendment. { } denotes SENATE amendment.
Capital letters indicate new material to be added to existing statute.
Dashes through the words indicate material to be deleted from existing statute.
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Requires the board of county commissioners to repeal such
ordinance within 20 days after the final determination of a
referendum petition's sufficiency or submit the ordinance
to the registered electors of the county at an election held
60 or more days, but not more than 150 days, after the final
determination of petition sufficiency;
Prescribes the form of initiative and referendum petitions
and the signatures to be attached thereto;
Requires a person circulating a petition to personally
circulate the petition and to be a registered elector of at
least 18 years of age;
States procedures for petition signature verification;
States procedures for protesting petitions and resolving
such protests;
States that county initiative and referendum petitions are
not election materials and therefore need only be printed in
English;
Requires the proponents of a petition to file a report with
the county clerk and recorder disclosing the amount per
signature and the total amount paid to each circulator of a
petition;
Prohibits certain activities that could affect the integrity of
the initiative and referendum process and prescribes
procedures for enforcing such prohibitions and penalties
for engaging in such prohibited activities; and
Requires the county clerk and recorder to retain petitions
for a period of 3 years after the petitions are filed unless it
is determined that such retention is not necessary.
Repeals the requirements of counties to follow, as nearly as
practicable, the procedures for municipal initiatives and referred
measures.
Makes conforming amendments.
1 Be it enacted by the General Assembly of the State of Colorado:
2 SECTION 1. Title 30, Colorado Revised Statutes, is amended
3 BY THE ADDITION OF A NEW ARTICLE to read:
4 ARTICLE 9
5 County Initiatives, Referenda, and Referred
Measures
6 30-9-101. Legislative declaration. THE GENERAL ASSEMBLY
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1 DECLARES THAT SECTION 1 OF ARTICLE V OF THE STATE CONSTITUTION
2 RESERVES THE POWER OF THE INITIATIVE AND THE REFERENDUM TO THE
3 PEOPLE OF THE STATE, WITH RESPECT TO ISSUES OF STATEWIDE CONCERN,
4 AND TO THE REGISTERED ELECTORS OF MUNICIPALITIES, WITH RESPECT TO
5 ISSUES OF LOCAL OR MUNICIPAL CONCERN, BUT DOES NOT RESERVE SUCH
6 POWERS TO THE REGISTERED ELECTORS OF COUNTIES WITH RESPECT TO
7 ISSUES OF COUNTYWIDE CONCERN. THE GENERAL ASSEMBLY FURTHER
8 DECLARES THAT IT IS IN THE BEST INTEREST OF THE STATE TO ALLOW
9 COUNTY ELECTORS TO RESOLVE ISSUES OF COUNTYWIDE CONCERN
10 THROUGH THE EXERCISE OF INITIATIVE AND REFERENDUM POWERS.
11 ACCORDINGLY, IT IS THE INTENTION OF THE GENERAL ASSEMBLY TO SET
12 FORTH IN THIS ARTICLE AUTHORITY AND PROCEDURES FOR COUNTY
13 ELECTORS TO EXERCISE INITIATIVE AND REFERENDUM POWERS TO RESOLVE
14 MATTERS OF COUNTYWIDE CONCERN.
15 30-9-102. Applicability of article. THIS ARTICLE SHALL APPLY TO
16 COUNTYWIDE INITIATIVES, REFERENDA, AND REFERRED MEASURES. THIS
17 ARTICLE SHALL NOT APPLY TO A COUNTYWIDE INITIATIVE, REFERENDUM,
18 OR REFERRED MEASURE IF PROCEDURES FOR THE EXERCISE OF THE
19 INITIATIVE OR REFERENDUM POWERS RELATED TO SUCH INITIATIVE,
20 REFERENDUM, OR REFERRED MEASURE ARE SET FORTH IN A STATUTE OR
21 CONSTITUTIONAL PROVISION OUTSIDE OF THIS ARTICLE.
22 30-9-103. Definitions. AS USED IN THIS ARTICLE, UNLESS THE
23 CONTEXT OTHERWISE REQUIRES:
24 (1) "BALLOT TITLE" MEANS THE LANGUAGE THAT IS PRINTED ON
25 THE BALLOT THAT IS COMPRISED OF THE SUBMISSION CLAUSE AND THE
26 TITLE.
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1 (2) "CLERK" MEANS THE COUNTY CLERK AND RECORDER OF THE
2 COUNTY IN WHICH AN INITIATIVE OR REFERENDUM IS FILED OR A REFERRED
3 MEASURE IS REFERRED TO THE ELECTORS.
4 (3) "FINAL DETERMINATION OF PETITION SUFFICIENCY" MEANS THE
5 DATE FOLLOWING PASSAGE OF THE PERIOD OF TIME WITHIN WHICH A
6 PROTEST MUST BE FILED PURSUANT TO SECTION 30-9-111 OR THE DATE ON
7 WHICH ANY PROTEST FILED PURSUANT TO SECTION 30-9-111 RESULTS IN A
8 FINDING OF SUFFICIENCY, WHICHEVER IS LATER.
9 (4) "PETITION SECTION" MEANS THE STAPLED OR OTHERWISE
10 BOUND PACKAGE OF DOCUMENTS DESCRIBED IN SECTION 30-9-107.
11 (5) "SUBMISSION CLAUSE" MEANS THE LANGUAGE THAT IS
12 ATTACHED TO THE TITLE TO FORM A QUESTION THAT CAN BE ANSWERED BY
13 "YES" OR "NO".
14 (6) "TITLE" MEANS A BRIEF STATEMENT THAT FAIRLY AND
15 ACCURATELY REPRESENTS THE TRUE INTENT AND MEANING OF THE
16 PROPOSED INITIATIVE, REFERENDUM, OR REFERRED MEASURE.
17 30-9-104. Grant of initiative and referendum
18 power. INITIATIVE AND REFERENDUM POWERS SIMILAR TO THOSE
19 RESERVED TO THE PEOPLE BY SECTION 1 OF ARTICLE V OF THE STATE
20 CONSTITUTION ARE HEREBY GRANTED TO THE REGISTERED ELECTORS OF
21 EVERY COUNTY OF THE STATE AS TO ALL COUNTYWIDE LEGISLATION OF
22 EVERY CHARACTER IN OR FOR THEIR RESPECTIVE COUNTIES. THE MANNER
23 OF EXERCISING SAID POWERS SHALL BE PRESCRIBED BY GENERAL LAWS AS
24 PROVIDED IN THIS ARTICLE.
25 30-9-105. Ordinances - initiative - conflicting measures.
26 (1) ANY PROPOSED ORDINANCE MAY BE SUBMITTED TO THE BOARD OF
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1 COUNTY COMMISSIONERS OF ANY COUNTY BY FILING WRITTEN NOTICE OF
2 THE PROPOSED ORDINANCE WITH THE CLERK AND, WITHIN ONE HUNDRED
3 EIGHTY DAYS AFTER THE NOTICE, BY FILING A PETITION SIGNED BY AT
4 LEAST FIVE PERCENT OF THE REGISTERED ELECTORS OF THE COUNTY AS OF
5 THE DATE OF SUCH NOTICE. THE PROPOSED ORDINANCE MAY BE ADOPTED
6 WITHOUT ALTERATION BY THE BOARD WITHIN TWENTY DAYS FOLLOWING
7 THE FINAL DETERMINATION OF PETITION SUFFICIENCY. IF THE PROPOSED
8 ORDINANCE IS NOT ADOPTED BY THE BOARD, THE BOARD SHALL
9 FORTHWITH PUBLISH THE PROPOSED ORDINANCE AS OTHER ORDINANCES
10 ARE PUBLISHED AND SHALL REFER THE PROPOSED ORDINANCE, IN THE
11 FORM PETITIONED FOR, TO THE REGISTERED ELECTORS OF THE COUNTY AT
12 A REGULAR OR SPECIAL ELECTION HELD NOT LESS THAN SIXTY DAYS AND
13 NOT MORE THAT ONE HUNDRED FIFTY DAYS AFTER THE FINAL
14 DETERMINATION OF PETITION SUFFICIENCY, UNLESS OTHERWISE REQUIRED
15 BY THE STATE CONSTITUTION. THE ORDINANCE SHALL NOT TAKE EFFECT
16 UNLESS A MAJORITY OF THE REGISTERED ELECTORS VOTING ON THE
17 MEASURE AT THE ELECTION VOTE IN FAVOR OF THE MEASURE.
18 (2) ALTERNATIVE ORDINANCES MAY BE SUBMITTED AT THE SAME
19 ELECTION, AND, IF TWO OR MORE CONFLICTING MEASURES ARE APPROVED
20 BY THE REGISTERED ELECTORS OF THE COUNTY, THE ONE THAT RECEIVES
21 THE GREATEST NUMBER OF AFFIRMATIVE VOTES SHALL BE ADOPTED IN ALL
22 PARTICULARS AS TO WHICH THERE IS A CONFLICT.
23 30-9-106. Ordinances - when effective - referendum. (1) NO
24 ORDINANCE PASSED BY THE BOARD OF COUNTY COMMISSIONERS OF ANY
25 COUNTY SHALL TAKE EFFECT BEFORE THIRTY DAYS AFTER ITS FINAL
26 PASSAGE AND PUBLICATION, EXCEPT AN ORDINANCE CALLING FOR A
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1 SPECIAL ELECTION OR NECESSARY TO THE IMMEDIATE PRESERVATION OF
2 THE PUBLIC PEACE, HEALTH, OR SAFETY, AND NOT THEN UNLESS THE
3 ORDINANCE STATES IN A SEPARATE SECTION THE REASONS WHY IT IS
4 NECESSARY AND UNLESS IT RECEIVES THE AFFIRMATIVE VOTE OF TWO
5 MEMBERS OF A THREE-MEMBER BOARD OF COUNTY COMMISSIONERS OR
6 FOUR MEMBERS OF A FIVE-MEMBER BOARD OF COUNTY COMMISSIONERS,
7 WHICHEVER IS APPLICABLE, TAKEN BY AYES AND NOES.
8 (2) WITHIN THIRTY DAYS AFTER FINAL PUBLICATION OF THE
9 ORDINANCE, A REFERENDUM PETITION PROTESTING AGAINST THE EFFECT
10 OF THE ORDINANCE OR ANY PART THEREOF MAY BE FILED WITH THE CLERK.
11 THE PETITION MUST BE SIGNED DURING THE THIRTY-DAY PERIOD BY AT
12 LEAST FIVE PERCENT OF THE REGISTERED ELECTORS OF THE COUNTY
13 REGISTERED AS OF THE DATE OF FINAL PUBLICATION.
14 (3) IF A REFERENDUM PETITION IS FILED, THE ORDINANCE OR PART
15 THEREOF PROTESTED AGAINST SHALL NOT TAKE EFFECT, AND, UPON A
16 FINAL DETERMINATION OF PETITION SUFFICIENCY, THE BOARD OF COUNTY
17 COMMISSIONERS SHALL PROMPTLY RECONSIDER THE ORDINANCE. IF THE
18 PETITION IS DECLARED NOT SUFFICIENT BY THE CLERK OR FOUND NOT
19 SUFFICIENT IN A PROTEST, THE ORDINANCE SHALL FORTHWITH TAKE
20 EFFECT, UNLESS OTHERWISE PROVIDED THEREIN.
21 (4) IF, UPON RECONSIDERATION, THE ORDINANCE OR PART THEREOF
22 PROTESTED IS NOT REPEALED, THE BOARD OF COUNTY COMMISSIONERS
23 SHALL SUBMIT IT TO A VOTE OF THE REGISTERED ELECTORS OF THE COUNTY
24 AT A REGULAR OR SPECIAL ELECTION HELD NOT LESS THAN SIXTY DAYS
25 AND NOT MORE THAN ONE HUNDRED FIFTY DAYS AFTER THE FINAL
26 DETERMINATION OF PETITION SUFFICIENCY, UNLESS OTHERWISE REQUIRED
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1 BY THE STATE CONSTITUTION. THE ORDINANCE OR PART THEREOF SHALL
2 NOT TAKE EFFECT UNLESS A MAJORITY OF THE REGISTERED ELECTORS
3 VOTING ON IT AT THE ELECTION VOTE IN FAVOR OF IT.
4 30-9-107. Form of petition sections. (1) EACH PETITION SECTION
5 SHALL BE PRINTED IN A FORM CONSISTENT WITH THE REQUIREMENTS OF
6 THIS ARTICLE. NO PETITION SECTION SHALL BE PRINTED OR CIRCULATED
7 UNLESS THE FORM AND THE FIRST PRINTER'S PROOF OF THE PETITION
8 SECTION HAVE FIRST BEEN APPROVED BY THE CLERK. THE CLERK SHALL
9 ASSURE THAT THE PETITION SECTION CONTAINS ONLY THOSE ELEMENTS
10 REQUIRED BY THIS ARTICLE.
11 (2) EACH PETITION SECTION SHALL DESIGNATE BY NAME AND
12 MAILING ADDRESS TWO PERSONS WHO SHALL REPRESENT THE PROPONENTS
13 THEREOF IN ALL MATTERS AFFECTING THE PETITION AND TO WHOM ALL
14 NOTICES OR INFORMATION CONCERNING THE PETITION SHALL BE MAILED.
15 (3) (a) AT THE TOP OF EACH PAGE OF EVERY INITIATIVE OR
16 REFERENDUM PETITION SECTION, THE FOLLOWING SHALL BE PRINTED, IN
17 A FORM AS PRESCRIBED BY THE CLERK:
18 "WARNING:
19 IT IS AGAINST THE LAW:
20 FOR ANYONE TO SIGN ANY INITIATIVE OR REFERENDUM
21 PETITION WITH ANY NAME OTHER THAN HIS OR HER OWN OR
22 TO KNOWINGLY SIGN HIS OR HER NAME MORE THAN ONCE
23 FOR THE SAME MEASURE OR TO KNOWINGLY SIGN A PETITION
24 WHEN NOT A REGISTERED ELECTOR WHO IS ELIGIBLE TO
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1 VOTE ON THE MEASURE.
2 DO NOT SIGN THIS PETITION UNLESS YOU ARE A
3 REGISTERED ELECTOR
4 AND ELIGIBLE TO VOTE ON THIS MEASURE.
5 TO BE A REGISTERED ELECTOR,
6 YOU MUST BE A CITIZEN OF COLORADO
7 AND REGISTERED TO VOTE IN (NAME OF) COUNTY.
8 DO NOT SIGN THIS PETITION UNLESS YOU HAVE READ OR
9 HAVE HAD READ TO YOU THE PROPOSED INITIATIVE OR
10 REFERRED MEASURE OR THE SUMMARY IN ITS ENTIRETY AND
11 UNDERSTAND ITS MEANING.".
12 (b) A SUMMARY OF THE PROPOSED INITIATIVE OR ORDINANCE THAT
13 IS THE SUBJECT OF A REFERENDUM PETITION SHALL BE PRINTED
14 FOLLOWING THE WARNING ON EACH PAGE OF A PETITION SECTION. THE
15 SUMMARY SHALL BE TRUE AND IMPARTIAL AND SHALL NOT BE AN
16 ARGUMENT, OR LIKELY TO CREATE PREJUDICE, EITHER FOR OR AGAINST
17 THE MEASURE. THE SUMMARY SHALL BE PREPARED BY THE CLERK.
18 (c) THE FULL TEXT OF THE PROPOSED INITIATED MEASURE OR
19 ORDINANCE THAT IS THE SUBJECT OF A REFERENDUM PETITION SHALL BE
20 PRINTED FOLLOWING THE SUMMARY ON THE FIRST PAGE OR PAGES OF THE
21 PETITION SECTION THAT PRECEDE THE SIGNATURE PAGE.
22 NOTWITHSTANDING THE REQUIREMENT OF PARAGRAPH (a) OF THIS
23 SUBSECTION (3), IF THE TEXT OF THE PROPOSED INITIATED MEASURE OR
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1 ORDINANCE REQUIRES MORE THAN ONE PAGE OF A PETITION SECTION, THE
2 WARNING AND SUMMARY NEED NOT APPEAR AT THE TOP OF ANY PAGE
3 OTHER THAN THE INITIAL TEXT PAGE.
4 (d) THE SIGNATURE PAGES SHALL CONSIST OF THE WARNING AND
5 THE SUMMARY, FOLLOWED BY RULED LINES NUMBERED CONSECUTIVELY
6 FOR SIGNATURES OF REGISTERED ELECTORS WHO ARE ELIGIBLE TO VOTE
7 ON THE PROPOSED INITIATIVE OR REFERRED MEASURE. IF A PETITION
8 SECTION CONTAINS MULTIPLE SIGNATURE PAGES, ALL SIGNATURE LINES
9 SHALL BE NUMBERED CONSECUTIVELY, FROM THE FIRST SIGNATURE PAGE
10 THROUGH THE LAST. THE SIGNATURE PAGES SHALL FOLLOW THE PAGE OR
11 PAGES ON WHICH THE FULL TEXT OF THE PROPOSED INITIATED MEASURE OR
12 ORDINANCE THAT IS THE SUBJECT OF THE REFERENDUM PETITION IS
13 PRINTED.
14 (e) (I) FOLLOWING THE SIGNATURE PAGES OF EACH PETITION
15 SECTION, THERE SHALL BE ATTACHED A SIGNED, NOTARIZED, AND DATED
16 AFFIDAVIT EXECUTED BY THE REGISTERED ELECTOR WHO CIRCULATED THE
17 PETITION SECTION, WHICH SHALL INCLUDE THE FOLLOWING:
18 (A) THE CIRCULATOR'S PRINTED NAME, THE ADDRESS AT WHICH HE
19 OR SHE RESIDES, INCLUDING THE STREET NAME AND NUMBER, THE
20 MUNICIPALITY, THE COUNTY, AND THE DATE HE OR SHE SIGNED THE
21 AFFIDAVIT;
22 (B) THAT THE CIRCULATOR HAS READ AND UNDERSTANDS THE
23 LAWS GOVERNING THE CIRCULATION OF PETITION;
24 (C) THAT THE CIRCULATOR WAS A REGISTERED ELECTOR AT THE
25 TIME THE SECTION OF THE PETITION WAS CIRCULATED AND SIGNED BY THE
26 LISTED ELECTORS;
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1 (D) THAT THE CIRCULATOR CIRCULATED THE SECTION OF THE
2 PETITION;
3 (E) THAT EACH SIGNATURE THEREON WAS AFFIXED IN THE
4 CIRCULATOR'S PRESENCE;
5 (F) THAT EACH SIGNATURE THEREON IS THE SIGNATURE OF THE
6 PERSON WHOSE NAME IT PURPORTS TO BE;
7 (G) THAT, TO THE BEST OF THE CIRCULATOR'S KNOWLEDGE AND
8 BELIEF, EACH OF THE PERSONS SIGNING THE PETITION SECTION WAS, AT THE
9 TIME OF SIGNING, A REGISTERED ELECTOR WHO WAS ELIGIBLE TO VOTE ON
10 THE MEASURE; AND
11 (H) THAT THE CIRCULATOR HAS NOT PAID OR WILL NOT IN THE
12 FUTURE PAY AND THAT HE OR SHE BELIEVES THAT NO OTHER PERSON HAS
13 PAID OR WILL PAY, DIRECTLY OR INDIRECTLY, ANY MONEY OR OTHER
14 THING OF VALUE TO ANY SIGNER FOR THE PURPOSE OF INDUCING OR
15 CAUSING SUCH SIGNER TO AFFIX HIS OR HER SIGNATURE TO THE PETITION.
16 (II) THE CLERK SHALL NOT ACCEPT FOR FILING ANY SECTION OF A
17 PETITION THAT DOES NOT HAVE ATTACHED THERETO THE NOTARIZED
18 AFFIDAVIT REQUIRED BY SUBPARAGRAPH (I) OF THIS PARAGRAPH (e). ANY
19 DISASSEMBLY OF A SECTION OF THE PETITION THAT HAS THE EFFECT OF
20 SEPARATING THE AFFIDAVIT FROM THE SIGNATURE PAGE OR PAGES SHALL
21 RENDER THAT SECTION OF THE PETITION INVALID.
22 (III) ANY SIGNATURE ADDED TO A SECTION OF A PETITION AFTER
23 THE AFFIDAVIT HAS BEEN EXECUTED SHALL BE INVALID.
24 (4) ALL SECTIONS OF ANY PETITION SHALL BE PRENUMBERED
25 SERIALLY.
26 (5) ANY PETITION SECTION THAT FAILS TO CONFORM TO THE
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1 REQUIREMENTS OF THIS ARTICLE OR THAT IS CIRCULATED IN A MANNER
2 OTHER THAN THAT PERMITTED BY THIS ARTICLE SHALL BE INVALID.
3 30-9-108. Circulators - requirements. THE CIRCULATION OF ANY
4 PETITION SECTION OTHER THAN PERSONALLY BY A CIRCULATOR IS
5 PROHIBITED. NO SECTION OF A PETITION FOR ANY INITIATIVE OR
6 REFERENDUM MEASURE SHALL BE CIRCULATED BY ANY PERSON WHO IS
7 NOT A REGISTERED ELECTOR AND AT LEAST EIGHTEEN YEARS OF AGE AT
8 THE TIME THE SECTION IS CIRCULATED.
9 30-9-109. Signatures. ANY INITIATIVE OR REFERENDUM PETITION
10 SHALL BE SIGNED ONLY BY REGISTERED ELECTORS WHO ARE ELIGIBLE TO
11 VOTE ON THE MEASURE. EACH REGISTERED ELECTOR SHALL SIGN HIS OR
12 HER OWN SIGNATURE AND SHALL PRINT HIS OR HER NAME, THE ADDRESS
13 AT WHICH HE OR SHE RESIDES, INCLUDING THE STREET NUMBER AND NAME,
14 THE CITY OR TOWN AND THE COUNTY, AND THE DATE OF SIGNING. EACH
15 REGISTERED ELECTOR SIGNING A PETITION SHALL BE ENCOURAGED BY THE
16 CIRCULATOR OF THE PETITION TO SIGN THE PETITION IN INK. IN THE EVENT
17 A REGISTERED ELECTOR IS PHYSICALLY DISABLED OR IS ILLITERATE AND
18 WISHES TO SIGN THE PETITION, THE ELECTOR SHALL SIGN OR MAKE HIS OR
19 HER MARK IN THE SPACE SO PROVIDED. ANY PERSON OTHER THAN A
20 CIRCULATOR MAY ASSIST THE DISABLED OR ILLITERATE ELECTOR IN
21 COMPLETING THE REMAINING INFORMATION REQUIRED BY THIS SECTION.
22 THE PERSON PROVIDING ASSISTANCE SHALL SIGN HIS OR HER NAME AND
23 ADDRESS AND SHALL STATE THAT SUCH ASSISTANCE WAS GIVEN TO THE
24 DISABLED OR ILLITERATE ELECTOR.
25 30-9-110. Signature verification - statement of sufficiency.
26 (1) THE CLERK SHALL INSPECT TIMELY FILED INITIATIVE OR REFERENDUM
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1 PETITIONS AND THE ATTACHED AFFIDAVITS, AND MAY DO SO BY
2 EXAMINING THE INFORMATION ON SIGNATURE LINES FOR PATENT DEFECTS,
3 BY COMPARING THE INFORMATION ON SIGNATURE LINES AGAINST THE LIST
4 OF REGISTERED ELECTORS MAINTAINED BY THE CLERK OR BY OTHER
5 REASONABLE MEANS.
6 (2) AFTER EXAMINING THE PETITION, THE CLERK SHALL ISSUE A
7 STATEMENT AS TO WHETHER A SUFFICIENT NUMBER OF VALID SIGNATURES
8 HAVE BEEN SUBMITTED. A COPY OF THE STATEMENT SHALL BE MAILED TO
9 THE PERSONS DESIGNATED AS REPRESENTING THE PETITION PROPONENTS
10 PURSUANT TO SECTION 30-9-107 (2).
11 (3) THE STATEMENT OF SUFFICIENCY OR INSUFFICIENCY SHALL BE
12 ISSUED NO LATER THAN THIRTY CALENDAR DAYS AFTER THE PETITION HAS
13 BEEN FILED. IF THE CLERK FAILS TO ISSUE A STATEMENT WITHIN THIRTY
14 CALENDAR DAYS, THE PETITION SHALL BE DEEMED SUFFICIENT.
15 30-9-111. Protest. (1) WITHIN THIRTY DAYS AFTER AN INITIATIVE
16 OR REFERENDUM PETITION IS FILED, A PROTEST IN WRITING UNDER OATH
17 MAY BE FILED IN THE OFFICE OF THE CLERK BY ANY REGISTERED ELECTOR
18 WHO RESIDES IN THE COUNTY, SETTING FORTH SPECIFICALLY THE GROUNDS
19 FOR SUCH PROTEST. THE GROUNDS FOR PROTEST MAY INCLUDE, BUT
20 SHALL NOT BE LIMITED TO, THE FAILURE OF ANY PORTION OF A PETITION OR
21 CIRCULATOR AFFIDAVIT TO MEET THE REQUIREMENTS OF THIS ARTICLE.
22 NO SIGNATURE MAY BE CHALLENGED THAT IS NOT IDENTIFIED IN THE
23 PROTEST BY SECTION AND LINE NUMBER. THE CLERK SHALL FORTHWITH
24 MAIL A COPY OF SUCH PROTEST TO THE PERSONS DESIGNATED AS
25 REPRESENTING THE PETITION PROPONENTS PURSUANT TO SECTION
26 30-9-107 (2) AND TO THE PROTESTER, TOGETHER WITH A NOTICE FIXING A
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1 TIME FOR HEARING SUCH PROTEST THAT IS NOT LESS THAN FIVE OR MORE
2 THAN TEN DAYS AFTER SUCH NOTICE IS MAILED.
3 (2) THE CLERK SHALL FURNISH A REQUESTING PROTESTER WITH A
4 LIST OF THE REGISTERED ELECTORS IN THE COUNTY AND SHALL CHARGE A
5 FEE TO COVER THE COST OF FURNISHING THE LIST.
6 (3) EVERY HEARING SHALL BE HELD BEFORE THE CLERK WITH
7 WHOM SUCH PROTEST IS FILED. THE CLERK SHALL SERVE AS HEARING
8 OFFICER UNLESS SOME OTHER PERSON IS DESIGNATED BY THE BOARD OF
9 COUNTY COMMISSIONERS AS THE HEARING OFFICER, AND THE TESTIMONY
10 IN EVERY SUCH HEARING SHALL BE UNDER OATH. THE HEARING OFFICER
11 SHALL HAVE THE POWER TO ISSUE SUBPOENAS AND COMPEL THE
12 ATTENDANCE OF WITNESSES. THE HEARING SHALL BE SUMMARY AND NOT
13 SUBJECT TO DELAY AND SHALL BE CONCLUDED WITHIN SIXTY DAYS AFTER
14 THE PETITION IS FILED. NO LATER THAN FIVE DAYS AFTER THE
15 CONCLUSION OF THE HEARING, THE HEARING OFFICER SHALL ISSUE A
16 WRITTEN DETERMINATION OF WHETHER THE PETITION IS SUFFICIENT OR
17 NOT SUFFICIENT. IF THE HEARING OFFICER DETERMINES THAT A PETITION
18 IS NOT SUFFICIENT, THE OFFICER SHALL IDENTIFY THOSE PORTIONS OF THE
19 PETITION THAT ARE NOT SUFFICIENT AND THE REASONS THEREFOR. THE
20 RESULT OF THE HEARING SHALL BE FORTHWITH CERTIFIED TO THE
21 PROTESTER AND TO THE PERSONS DESIGNATED AS REPRESENTING THE
22 PETITION PROPONENTS PURSUANT TO SECTION 30-9-107 (2). THE
23 DETERMINATION AS TO PETITION SUFFICIENCY MAY BE REVIEWED BY THE
24 DISTRICT COURT FOR THE COUNTY IN WHICH THE PETITION WAS FILED UPON
25 APPLICATION OF THE PROTESTER, THE PERSONS DESIGNATED AS
26 REPRESENTING THE PETITION PROPONENTS PURSUANT TO SECTION
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1 30-9-107 (2), OR THE COUNTY, BUT SUCH REVIEW SHALL BE HAD AND
2 DETERMINED FORTHWITH.
3 30-9-112. Initiatives, referenda, and referred measures - ballot
4 titles. (1) AFTER AN ELECTION HAS BEEN ORDERED PURSUANT TO
5 SECTION 30-9-105 OR 30-9-106, THE BOARD OF COUNTY COMMISSIONERS
6 OR ITS DESIGNEE SHALL PROMPTLY FIX A BALLOT TITLE FOR EACH
7 INITIATIVE OR REFERENDUM.
8 (2) THE BOARD OF COUNTY COMMISSIONERS OF ANY COUNTY MAY,
9 WITHOUT RECEIPT OF ANY PETITION, SUBMIT ANY PROPOSED OR ADOPTED
10 ORDINANCE OR RESOLUTION OR ANY QUESTION TO A VOTE OF THE
11 REGISTERED ELECTORS OF THE COUNTY. THE BOARD OF COUNTY
12 COMMISSIONERS OR ITS DESIGNEE SHALL FIX A BALLOT TITLE FOR THE
13 REFERRED MEASURE.
14 (3) IN FIXING THE BALLOT TITLE, THE BOARD OF COUNTY
15 COMMISSIONERS OR ITS DESIGNEE SHALL CONSIDER THE PUBLIC
16 CONFUSION THAT MIGHT BE CAUSED BY MISLEADING TITLES AND SHALL,
17 WHENEVER PRACTICABLE, AVOID TITLES FOR WHICH THE GENERAL
18 UNDERSTANDING OF THE EFFECT OF A "YES" OR "NO" VOTE WOULD BE
19 UNCLEAR. THE BALLOT TITLE SHALL NOT CONFLICT WITH THOSE TITLES
20 SELECTED FOR ANY OTHER MEASURE THAT WILL APPEAR ON THE COUNTY
21 BALLOT IN THE SAME ELECTION. THE BALLOT TITLE SHALL CORRECTLY
22 AND FAIRLY EXPRESS THE TRUE INTENT AND MEANING OF THE MEASURE.
23 (4) ANY PROTEST CONCERNING A BALLOT TITLE SHALL BE
24 CONDUCTED AS PROVIDED BY COUNTY CHARTER, ORDINANCE, OR
25 RESOLUTION.
26 30-9-113. Petitions - not election materials - no bilingual
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1 requirement. THE GENERAL ASSEMBLY HEREBY DETERMINES THAT
2 INITIATIVE AND REFERENDUM PETITIONS ARE NOT ELECTION MATERIALS OR
3 INFORMATION COVERED BY THE FEDERAL "VOTING RIGHTS ACT OF 1965",
4 AND ARE THEREFORE NOT REQUIRED TO BE PRINTED IN ANY LANGUAGE
5 OTHER THAN ENGLISH IN ORDER TO BE CIRCULATED IN ANY COUNTY IN
6 COLORADO.
7 30-9-114. Receiving money to circulate petitions - filing. THE
8 PROPONENTS OF THE PETITION SHALL FILE WITH THE CLERK A REPORT
9 DISCLOSING THE AMOUNT PAID PER SIGNATURE AND THE TOTAL AMOUNT
10 PAID TO EACH CIRCULATOR. THE FILING SHALL BE MADE AT THE SAME
11 TIME THE PETITION IS FILED WITH THE CLERK. ANY PAYMENT MADE TO
12 CIRCULATORS IS AN EXPENDITURE UNDER ARTICLE 45 OF TITLE 1, C.R.S.
13 30-9-115. Unlawful acts - penalty. (1) IT IS UNLAWFUL:
14 (a) FOR ANY PERSON WILLFULLY AND KNOWINGLY TO CIRCULATE
15 OR CAUSE TO BE CIRCULATED OR SIGN OR PROCURE TO BE SIGNED ANY
16 PETITION BEARING THE NAME, DEVICE, OR MOTTO OF ANY PERSON,
17 ORGANIZATION, ASSOCIATION, LEAGUE, OR POLITICAL PARTY, OR
18 PURPORTING IN ANY WAY TO BE ENDORSED, APPROVED, OR SUBMITTED BY
19 ANY PERSON, ORGANIZATION, ASSOCIATION, LEAGUE, OR POLITICAL PARTY,
20 WITHOUT THE WRITTEN CONSENT, APPROVAL, AND AUTHORIZATION OF THE
21 PERSON, ORGANIZATION, ASSOCIATION, LEAGUE, OR POLITICAL PARTY;
22 (b) FOR ANY PERSON TO SIGN ANY NAME OTHER THAN HIS OR HER
23 OWN NAME TO ANY PETITION OR KNOWINGLY TO SIGN HIS OR HER NAME
24 MORE THAN ONCE FOR THE SAME MEASURE AT ONE ELECTION;
25 (c) FOR ANY PERSON KNOWINGLY TO SIGN ANY PETITION RELATING
26 TO AN INITIATIVE OR REFERENDUM IN A COUNTY WHO IS NOT A REGISTERED
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1 ELECTOR OF THAT COUNTY AT THE TIME OF SIGNING THE PETITION;
2 (d) FOR ANY PERSON TO SIGN ANY AFFIDAVIT AS CIRCULATOR
3 WITHOUT KNOWING OR REASONABLY BELIEVING THE STATEMENTS MADE
4 IN THE AFFIDAVIT TO BE TRUE;
5 (e) FOR ANY PERSON TO CERTIFY THAT AN AFFIDAVIT ATTACHED
6 TO A PETITION WAS SUBSCRIBED OR SWORN TO BEFORE HIM OR HER UNLESS
7 IT WAS SO SUBSCRIBED AND SWORN TO BEFORE HIM OR HER AND UNLESS
8 THE PERSON SO CERTIFYING IS DULY QUALIFIED UNDER THE LAWS OF THIS
9 STATE TO ADMINISTER AN OATH;
10 (f) FOR ANY OFFICER OR PERSON TO DO WILLFULLY, OR WITH
11 ANOTHER OR OTHERS CONSPIRE OR AGREE, OR CONFEDERATE TO DO ANY
12 ACT THAT HINDERS, DELAYS, OR IN ANY WAY INTERFERES WITH THE
13 CALLING, HOLDING, OR CONDUCTING OF ANY ELECTION PERMITTED UNDER
14 THE INITIATIVE AND REFERENDUM POWERS GRANTED BY THIS ARTICLE OR
15 WITH THE REGISTERING OF ELECTORS THEREFOR;
16 (g) FOR ANY OFFICER TO DO WILLFULLY ANY ACT THAT SHALL
17 CONFUSE OR TEND TO CONFUSE THE ISSUES SUBMITTED OR PROPOSED TO
18 BE SUBMITTED AT ANY ELECTION OR REFUSE TO SUBMIT ANY PETITION IN
19 THE FORM PRESENTED FOR SUBMISSION AT ANY ELECTION; AND
20 (h) FOR ANY OFFICER OR PERSON TO VIOLATE WILLFULLY ANY
21 PROVISION OF THIS ARTICLE.
22 (2) ANY PERSON, UPON CONVICTION OF A VIOLATION OF ANY
23 PROVISION OF THIS SECTION, SHALL BE PUNISHED BY A FINE OF NOT MORE
24 THAN FIVE HUNDRED DOLLARS, OR BY IMPRISONMENT FOR NOT MORE THAN
25 ONE YEAR IN THE COUNTY JAIL, OR BY BOTH SUCH FINE AND
26 IMPRISONMENT.
Page 17
1 30-9-116. Tampering with initiative or referendum petition.
2 (1) ANY PERSON COMMITS A CLASS 2 MISDEMEANOR WHO:
3 (a) WILLFULLY DESTROYS, DEFACES, MUTILATES, OR SUPPRESSES
4 ANY INITIATIVE OR REFERENDUM PETITION;
5 (b) WILLFULLY NEGLECTS TO FILE OR DELAYS THE DELIVERY OF
6 ANY INITIATIVE OR REFERENDUM PETITION;
7 (c) CONCEALS OR REMOVES ANY INITIATIVE OR REFERENDUM
8 PETITION FROM THE POSSESSION OF THE PERSON AUTHORIZED BY LAW TO
9 HAVE CUSTODY OF THE PETITION;
10 (d) ADDS, AMENDS, ALTERS, OR IN ANY WAY CHANGES THE
11 INFORMATION ON THE PETITION AS PROVIDED BY THE ELECTOR; OR
12 (e) AIDS, COUNSELS, PROCURES, OR ASSISTS ANY PERSON IN DOING
13 ANY OF SUCH ACTS.
14 (2) ANY PERSON CONVICTED OF COMMITTING A MISDEMEANOR
15 UNDER THIS SECTION SHALL BE PUNISHED BY A FINE OF NOT MORE THAN
16 ONE THOUSAND DOLLARS, OR BY IMPRISONMENT IN THE COUNTY JAIL FOR
17 NOT MORE THAN ONE YEAR, OR BY BOTH SUCH FINE AND IMPRISONMENT.
18 (3) THIS SECTION SHALL NOT PRECLUDE A CIRCULATOR FROM
19 STRIKING A COMPLETE LINE ON THE PETITION IF THE CIRCULATOR BELIEVES
20 THE LINE TO BE INVALID.
21 30-9-117. Enforcement. (1) ANY PERSON MAY FILE WITH THE
22 DISTRICT ATTORNEY AN AFFIDAVIT STATING THE NAME OF ANY PERSON
23 WHO HAS VIOLATED ANY OF THE PROVISIONS OF THIS ARTICLE AND
24 STATING THE FACTS THAT CONSTITUTE THE ALLEGED OFFENSE. UPON THE
25 FILING OF SUCH AFFIDAVIT, THE DISTRICT ATTORNEY SHALL FORTHWITH
26 INVESTIGATE, AND, IF REASONABLE GROUNDS APPEAR THEREFOR, THE
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1 DISTRICT ATTORNEY SHALL PROSECUTE THE SAME.
2 (2) THE ATTORNEY GENERAL OF THE STATE SHALL HAVE EQUAL
3 POWER WITH DISTRICT ATTORNEYS TO FILE INFORMATION OR COMPLAINTS
4 AGAINST ANY PERSON FOR VIOLATING ANY PROVISION OF THIS ARTICLE.
5 30-9-118. Retention of petitions. AFTER A PERIOD OF THREE
6 YEARS FROM THE TIME OF SUBMISSION OF THE PETITIONS TO THE CLERK, IF
7 IT IS DETERMINED THAT THE RETENTION OF THE PETITIONS IS NO LONGER
8 NECESSARY, THE CLERK MAY DESTROY THE PETITIONS.
9 SECTION 2. Repeal. 30-11-103.5, Colorado Revised Statutes,
10 is repealed as follows:
11 30-11-103.5. County petitions and referred measures. The
12 procedures for placing an issue or question on the ballot by a petition of
13 the electors of a county that is pursuant to statute or the state constitution
14 or that a board of county commissioners may refer to a vote of the
15 electors pursuant to statute or the state constitution shall, to the extent no
16 such procedures are prescribed by statute, charter, or the state
17 constitution, follow as nearly as practicable the procedures for municipal
18 initiatives and referred measures under part 1 of article 11 of title 31,
19 C.R.S. The county clerk and recorder shall resolve any questions about
20 the applicability of the procedures in part 1 of article 11 of title 31,
21 C.R.S.
22 SECTION 3. 1-40-103 (3), Colorado Revised Statutes, is
23 amended to read:
24 1-40-103. Applicability of article. (3) The laws pertaining to
25 county petitions and referred measures are governed by the provisions of
26 section 30-11-103.5 ARTICLE 9 OF TITLE 30, C.R.S.
Page 19
1 SECTION 4. 1-41-103 (1) (b) and (1) (c), Colorado Revised
2 Statutes, are amended to read:
3 1-41-103. Local ballot issue elections in odd-numbered years.
4 (1) At the local election to be held on the first Tuesday of November in
5 1993, and in each odd-numbered year thereafter, the following issues
6 shall appear on the ballot if they concern local government matters arising
7 under section 20 of article X of the state constitution and if they are
8 submitted in accordance with applicable law:
9 (b) Ordinances, resolutions, or franchises proposed in accordance
10 with EITHER section 1 of article V of the state constitution and section
11 31-11-104, C.R.S., OR SECTION 30-9-105, C.R.S.;
12 (c) Measures referred to the people pursuant to petitions filed
13 against an ordinance, resolution, or franchise passed by the legislative
14 body of any local government in accordance with EITHER section 1 of
15 article V of the state constitution and section 31-11-105, C.R.S., OR
16 SECTION 30-9-106, C.R.S.;
17 SECTION 5. 1-45-117 (1) (a) (I) (B), Colorado Revised Statutes,
18 is amended to read:
19 1-45-117. State and political subdivisions - limitations on
20 contributions. (1) (a) (I) No agency, department, board, division,
21 bureau, commission, or council of the state or any political subdivision
22 thereof shall make any contribution in campaigns involving the
23 nomination, retention, or election of any person to any public office, nor
24 shall any such entity expend any public moneys from any source, or make
25 any contributions, to urge electors to vote in favor of or against any:
26 (B) Local ballot issue that has been submitted for the purpose of
Page 20
1 having a title fixed pursuant to section 30-9-112 OR 31-11-111, C.R.S.,
2 or that has had a title fixed pursuant to that section EITHER OF THOSE
3 SECTIONS;
4 SECTION 6. 32-7-110 (9), Colorado Revised Statutes, is
5 amended to read:
6 32-7-110. Board of directors. (9) Any resolution may be
7 referred to or initiated by the eligible electors in accordance with the
8 provisions and subject to the conditions of sections 31-11-104 and
9 31-11-105, C.R.S., OR SECTIONS 30-9-105 AND 30-9-106, C.R.S.,
10 WHICHEVER ARE APPLICABLE.
11 SECTION 7. Effective date - applicability. (1) This act shall
12 take effect September 1, 1999, unless a referendum petition is filed during
13 the ninety-day period after final adjournment of the general assembly that
14 is allowed for submitting a referendum petition pursuant to article V,
15 section 1 (3) of the state constitution. If such a referendum petition is
16 filed against this act or an item, section, or part of this act within such
17 period, then the act, item, section, or part, if approved by the people, shall
18 take effect on the date of the official declaration of the vote thereon by
19 proclamation of the governor.
20 (2) The provisions of this act shall apply to proposed county
21 ordinances submitted to a board of county commissioners on or after|~ the
|~ 22 applicable effective date of this act.