(1) No person shall circulate a petition for an initiative or referendum measure unless the person is a citizen of the United States and at least eighteen years of age at the time the petition is circulated.
(2) (a) A circulator who is not to be paid for circulating a petition concerning a ballot issue shall display an identification badge that includes the words "VOLUNTEER CIRCULATOR" in bold-faced type that is clearly legible.
(b) A circulator who is to be paid for circulating a petition concerning a ballot issue shall display an identification badge that includes the words "PAID CIRCULATOR" in bold-faced type that is clearly legible and the name and telephone number of the individual employing the circulator.
(3) The secretary of state shall develop circulator training programs for paid and volunteer circulators. Such programs shall be conducted in the broadest, most cost-effective manner available to the secretary of state, including but not limited to training sessions for persons associated with the proponents or a petition entity, as defined in section 1-40-135 (1), and by electronic and remote access. The proponents of an initiative petition or the representatives of a petition entity shall inform paid and volunteer circulators of the availability of these training programs as one manner of complying with the requirement set forth in the circulator's affidavit that a circulator read and understand the laws pertaining to petition circulation.
(4) Repealed.
Source: L. 93: Entire article amended with relocations, p. 684, § 1, effective May 4. L. 2007: Entire section amended, p. 1982, § 35, effective August 3. L. 2009: (3) and (4) added, (HB 09-1326), ch. 258, p. 1174, § 10, effective July 1. L. 2018: (1) amended and (4) repealed, (HB 18-1145), ch. 113, p. 808, § 3, effective August 8.
Editor's note: (1) Subsection (1) is similar to former § 1-40-106 (3) as it existed prior to 1993, and the former § 1-40-112 was relocated to § 1-40-122 (1).
(2) In Independence Institute v. Gessler, 936 F. Supp. 2d 1256 (D. Colo. 2013), the United States District Court for the District of Colorado found subsection (4) of this section unconstitutional under the First Amendment of the United States Constitution and permanently enjoined the Colorado Secretary of State from enforcing subsection (4) and any ancillary provision that enforces subsection (4), namely, sections 1-40-135 and 1-40-121, to the extent those sections apply to the restrictions on per-signature compensation.
Cross references: For the legislative declaration in HB 18-1145, see section 1 of chapter 113, Session Laws of Colorado 2018.
Notes of Decisions
Buckley v. Am. Constitutional Law Found., Inc., 525 U.S. 182 (1999).
· cites it 10× “We review in this case three conditions Colorado places on the ballot-initiative process: (1) the requirement that initiative-petition circulators be registered voters, Colo. Rev. Stat. § 1-40-112 (1) (1998); (2) the requirement that they wear an identification badge bearing the…”
Indep. Inst. v. Gessler, 936 F. Supp. 2d 1256 (D. Colo. 2013).
· cites it 53× “ORDERED that defendant Scott Gessler, in his official capacity as Colorado Secretary of State, is PERMANENTLY ENJOINED AND RESTRAINED from enforcing Colo.”
The Indep. Inst. v. Buescher, 718 F. Supp. 2d 1257 (D. Colo. 2010).
· cites it 43× “§ 1-40-111 (2010) (circulator affidavit); Colo.Rev.Stat. § 1-40-112(3)0010) (training); Colo.”
Montero v. Meyer, 795 P.2d 242 (Colo. 1990).
· cites it 26× “[6] Meyer also certified the ballot initiative to the county clerks for placement on the ballot, pursuant to section 1-40-112, 1B C.R.S. (1980). [7] On September 20, 1988, the intervenors constructively withdrew the petitions to attempt to cure the deficiencies.”
Indep. Inst. v. Gessler, 869 F. Supp. 2d 1289 (D. Colo. 2012).
· cites it 42× “Section 1-40-112(1) states that: “No person shall circulate a petition for an initiative or referendum measure unless the person .is a resident of the state, a citizen of the United States, and at least eighteen years of age at the time the petition is circulated.”
Loonan v. Woodley, 882 P.2d 1380 (Colo. 1994).
· cites it 4× “signing the petition was, at the time of signing, a registered elector; and that he or she has not paid or will not in the future pay and that he or she believes that no other person has so paid or will pay, directly or indirectly, any money or other thing of value to any signer…”
Am. Constitutional Law Found., Inc. v. Meyer, 870 F. Supp. 995 (D. Colo. 1994).
· cites it 4× “C.R.S. § 1-40-112(1) (Supp. 1994). Nothing in the record suggests any statewide ballot issues as to which the qualifying phrase “who are eligible to vote on the measure” would be a restriction beyond the requirement of registration.”
Free Libertarian Party, Inc. v. Spano, 314 F. Supp. 3d 444 (E.D.N.Y 2018).
“§ 1-40-112 (1), which at the time of the decision stated that "[n]o section of a petition for any initiative or referendum measure shall be circulated by any person who is not a registered elector," and Colo. Rev. Stat. Ann. § 1-40-111 (2), which required that "[t]o each…”
Goodall v. Williams, 324 F. Supp. 3d 1184 (D. Colo. 2018).
· cites it 2× “First, there is no dispute that the contested signatures were the signatures of qualified electors that were invalidated solely because of the likely unconstitutional residency requirement.”
— Colo. Rev. Stat. § 1-40-112(1) — 3 cases
Indep. Inst. v. Gessler, 869 F. Supp. 2d 1289 (D. Colo. 2012).
“Section 1-40-112(1) states that: “No person shall circulate a petition for an initiative or referendum measure unless the person .is a resident of the state, a citizen of the United States, and at least eighteen years of age at the time the petition is circulated.”
Am. Constitutional Law Found., Inc. v. Meyer, 870 F. Supp. 995 (D. Colo. 1994).
“C.R.S. § 1-40-112(1) (Supp. 1994). Nothing in the record suggests any statewide ballot issues as to which the qualifying phrase “who are eligible to vote on the measure” would be a restriction beyond the requirement of registration.”
Indep. Inst. v. Gessler, 936 F. Supp. 2d 1256 (D. Colo. 2013).
“ORDERED that defendant Scott Gessler, in his official capacity as Colorado Secretary of State, is PERMANENTLY ENJOINED AND RESTRAINED from enforcing Colo.”
— Colo. Rev. Stat. § 1-40-112(2) — 2 cases
Loonan v. Woodley, 882 P.2d 1380 (Colo. 1994).
“signing the petition was, at the time of signing, a registered elector; and that he or she has not paid or will not in the future pay and that he or she believes that no other person has so paid or will pay, directly or indirectly, any money or other thing of value to any signer…”
Am. Constitutional Law Found., Inc. v. Meyer, 870 F. Supp. 995 (D. Colo. 1994).
“C.R.S. § 1-40-112(1) (Supp. 1994). Nothing in the record suggests any statewide ballot issues as to which the qualifying phrase “who are eligible to vote on the measure” would be a restriction beyond the requirement of registration.”
— Colo. Rev. Stat. § 1-40-112(2)(b)(I)(C) — 1 case
Indep. Inst. v. Gessler, 869 F. Supp. 2d 1289 (D. Colo. 2012).
“Section 1-40-112(1) states that: “No person shall circulate a petition for an initiative or referendum measure unless the person .is a resident of the state, a citizen of the United States, and at least eighteen years of age at the time the petition is circulated.”
— Colo. Rev. Stat. § 1-40-112(3) — 2 cases
Indep. Inst. v. Gessler, 869 F. Supp. 2d 1289 (D. Colo. 2012).
“Section 1-40-112(1) states that: “No person shall circulate a petition for an initiative or referendum measure unless the person .is a resident of the state, a citizen of the United States, and at least eighteen years of age at the time the petition is circulated.”
The Indep. Inst. v. Buescher, 718 F. Supp. 2d 1257 (D. Colo. 2010).
“§ 1-40-111 (2010) (circulator affidavit); Colo.Rev.Stat. § 1-40-112(3)0010) (training); Colo.”
— Colo. Rev. Stat. § 1-40-112(4) — 3 cases
Indep. Inst. v. Gessler, 936 F. Supp. 2d 1256 (D. Colo. 2013).
“ORDERED that defendant Scott Gessler, in his official capacity as Colorado Secretary of State, is PERMANENTLY ENJOINED AND RESTRAINED from enforcing Colo.”
The Indep. Inst. v. Buescher, 718 F. Supp. 2d 1257 (D. Colo. 2010).
“§ 1-40-111 (2010) (circulator affidavit); Colo.Rev.Stat. § 1-40-112(3)0010) (training); Colo.”
Indep. Inst. v. Gessler, 869 F. Supp. 2d 1289 (D. Colo. 2012).
“Section 1-40-112(1) states that: “No person shall circulate a petition for an initiative or referendum measure unless the person .is a resident of the state, a citizen of the United States, and at least eighteen years of age at the time the petition is circulated.”
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