(1) After examining the petition:
(a) If the petition proposes a law, the secretary of state shall issue a statement as to whether a sufficient number of valid signatures appears to have been submitted to certify the petition to the ballot; or
(b) If the petition proposes an amendment to the state constitution, the secretary of state shall issue a statement as to whether a sufficient number of valid signatures from each state senate district and a sufficient total number of valid signatures appear to have been submitted to certify the petition to the ballot.
(2) If the petition proposes an initiated law and was validated by random sample, the statement must contain the total number of signatures submitted and whether the number of signatures presumed valid was ninety percent of the required total or less or one hundred ten percent of the required total or more.
(3) (a) If the secretary declares that the petition appears not to have a sufficient number of valid signatures, the statement issued by the secretary must specify the number of sufficient and insufficient signatures. The secretary shall identify by section number and line number within the section those signatures found to be insufficient and the grounds for the insufficiency. Such information shall be kept on file for public inspection in accordance with section 1-40-118.
(b) Repealed.
(4) During the review of a petition, the secretary of state shall notify the designated representatives of the proponents of any errors and insufficiencies regarding circulator affidavits. Upon the receipt of such a notification, the designated representatives of the proponents have five calendar days from the date of receipt of the notice to cure the errors and insufficiencies described in the notice. To cure a circulator affidavit, the designated representative of the proponents must provide the secretary of state with a new circulator affidavit that corrects the errors of the previously submitted affidavit.
Source: L. 93: Entire article amended with relocations, p. 687, § 1, effective May 4. L. 2009: (3)(b) amended, (HB 09-1326), ch. 258, p. 1176, § 13, effective May 15. L. 2011: (3)(b) amended, (HB 11-1072), ch. 255, p. 1104, § 5, effective August 10. L. 2017: Entire section amended, (SB 17-152), ch. 169, p. 619, § 6, effective August 9. L. 2021: (3)(b) repealed and (4) added, (SB 21-250), ch. 282, p. 1669, § 73, effective June 21.
Editor's note: This section is similar to former § 1-40-109 as it existed prior to 1993.
Cross references: For the legislative declaration in the 2011 act amending subsection (3)(b), see section 1 of chapter 255, Session Laws of Colorado 2011.
Notes of Decisions
Buckley v. Chilcutt, 968 P.2d 112 (Colo. 1998).
· cites it 18× “Consequently, we hold that if, based on a random sample, the Secretary issues a good faith determination of insufficiency in compliance with section 1-40-117, and a timely protest pursuant to section 1-40-118 establishes that the petition contains more than 90% but less than…”
Davidson v. McClellan, 16 P.3d 233 (Colo. 2001).
“The defendants appeal pursuant to sections 1-40-117, -118, -119, 1 C.R.S. (2000), which provide for appeal directly to this court following a hearing under the "protest" provisions.”
Armstrong v. Davidson, 10 P.3d 1278 (Colo. 2000).
· cites it 2× “I On September 14, 2000, the District Court entered its order affirming Davidson's determination, pursuant to section 1-40-117, 1 C.R.S. (2000), that the Initiative had a sufficient number of signatures for certification to the November 7, 2000 general election ballot.”
Fabec v. Beck, 922 P.2d 330 (Colo. 1996).
“), and issues a statement of sufficiency or insufficiency, § 1-40-117, IB C.R.S. (1994 Supp.). 4 If the Secretary issues a statement of insufficiency, the proponents “may cure the insufficiency by filing an addendum to the original petition for the purpose of offering such…”
— Colo. Rev. Stat. § 1-40-117(1) — 1 case
Buckley v. Chilcutt, 968 P.2d 112 (Colo. 1998).
“Consequently, we hold that if, based on a random sample, the Secretary issues a good faith determination of insufficiency in compliance with section 1-40-117, and a timely protest pursuant to section 1-40-118 establishes that the petition contains more than 90% but less than…”
— Colo. Rev. Stat. § 1-40-117(2) — 1 case
Buckley v. Chilcutt, 968 P.2d 112 (Colo. 1998).
“Consequently, we hold that if, based on a random sample, the Secretary issues a good faith determination of insufficiency in compliance with section 1-40-117, and a timely protest pursuant to section 1-40-118 establishes that the petition contains more than 90% but less than…”
— Colo. Rev. Stat. § 1-40-117(3)(b) — 1 case
Buckley v. Chilcutt, 968 P.2d 112 (Colo. 1998).
“Consequently, we hold that if, based on a random sample, the Secretary issues a good faith determination of insufficiency in compliance with section 1-40-117, and a timely protest pursuant to section 1-40-118 establishes that the petition contains more than 90% but less than…”
— Colo. Rev. Stat. § 1-40-117(b) — 1 case
Buckley v. Chilcutt, 968 P.2d 112 (Colo. 1998).
“Consequently, we hold that if, based on a random sample, the Secretary issues a good faith determination of insufficiency in compliance with section 1-40-117, and a timely protest pursuant to section 1-40-118 establishes that the petition contains more than 90% but less than…”
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