TrustVoting Atlas

(1) As used in
this section:
(a) "Candidate" has the same meaning as set forth in section 2 (2) of article XXVIII of
the state constitution.
(b) "Candidate committee" has the same meaning as set forth in section 2 (3) of article
XXVIII of the state constitution.
(c) "Petition entity" means any person or committee that directly or indirectly provides
payment to a circulator to circulate a petition to nominate a candidate, to recall an elected officer
in accordance with article 12 of this title 1, or to create a minor party in accordance with part 13
of this article 4.
(d) "Recall committee" means the committee of signers described in section 1-12-108
(2)(b).
(2) (a) It is unlawful for any petition entity to provide payment to a circulator to circulate
a petition to nominate a candidate, to recall an elected officer, or to create a minor party without
first obtaining a license from the secretary of state.
(b) (I) The secretary of state may deny a license if the secretary finds that the petition
entity or any of its principals have been found, in a judicial or administrative proceeding, to have
violated the petition laws of Colorado or any other state, that the petition entity or any of its
principals have been convicted in Colorado or any other state of election fraud, any other
election offense, or an offense with an element of fraud, or that the petition entity knowingly
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contracted with a petition entity or a principal of a petition entity that has been found, in a
judicial or administrative proceeding, to have authorized or knowingly permitted any of the acts
set forth in subsection (2)(c) of this section.
(II) The secretary of state shall deny a license if no current representative of the petition
entity has completed the training related to potential fraudulent activities in petition circulation
as established by the secretary of state in accordance with section 1-4-905 (7).
(c) The secretary of state shall revoke a petition entity's license if, at any time after
receiving a license, the petition entity is determined to no longer be in compliance with the
requirements set forth in subsection (2)(b) of this section or if the petition entity authorized or
knowingly permitted:
(I) Forgery of a registered elector's signature;
(II) Circulation of a petition section, in whole or part, by anyone other than the circulator
who signs the affidavit attached to the petition section;
(III) Use of a false circulator name or address in the affidavit;
(IV) Payment of money or other things of value to any person for the purpose of
inducing the person to sign or withdraw his or her name from a petition; or
(V) A notary public's notarization of a circulator affidavit outside of the physical
presence of the circulator or without the production of the required identification for notarization
of a petition section.
(3) (a) Whenever the secretary of state believes that a violation of this section has
occurred, the secretary of state may investigate the violation. The secretary of state may also
investigate possible violations of this section upon a signed complaint from any person.
(b) If the secretary of state denies, revokes, suspends, or imposes a condition on a
license, the applicant or licensee is entitled to timely notice and hearing in accordance with
article 4 of title 24.
(c) If, after a hearing, the secretary of state finds that an unlicensed petition entity
circulated a petition in violation of this section, the secretary of state shall fine the petition entity
in an amount not to exceed one hundred dollars per circulator for each day that the individual or
individuals circulated petition sections on behalf of the unlicensed petition entity.
(d) If, after a hearing, the secretary of state finds that a petition entity violated a
provision of subsection (2)(c) of this section or contracted with a petition entity that violated a
provision of subsection (2)(c) of this section, the secretary may fine the petition entity in an
amount not to exceed five thousand dollars and shall revoke the entity's license for not less than
one year or more than two years. Upon finding any subsequent violation of a provision of
subsection (2)(c) of this section, the secretary may fine the petition entity in an amount not to
exceed five thousand dollars and shall revoke the petition entity's license for not less than two
years or more than three years. The secretary shall consider all circumstances surrounding the
violations in fixing the length of the revocations.
(e) If, after a hearing, the secretary of state finds that a petition entity violated the
requirements of subsection (5) of this section, the secretary shall fine the petition entity in an
amount not to exceed five thousand dollars.
(f) A petition entity whose license has been revoked may apply for reinstatement to be
effective upon expiration of the term of revocation.
(g) In determining whether to reinstate a license, the secretary of state may consider:
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(I) The entity's ownership by, employment of, or contract with any person who served as
a director, officer, owner, or principal of a petition entity whose license was revoked under this
section or section 1-40-135, the role of such individual in the facts underlying the prior license
revocation, and the role of such individual in a petition entity's post-revocation activities; and
(II) Any other facts the entity chooses to present to the secretary, including but not
limited to remedial steps, if any, that have been implemented to avoid future acts that would
violate this article 4 or article 40 of this title 1.
(4) (a) The secretary of state shall issue a decision on any application for a new or
reinstated license within ten business days after a petition entity files an application. The
application must be on a form prescribed by the secretary and must include, at a minimum:
(I) The name of any candidate, candidate committee, or recall committee for which a
petition will be circulated by circulators coordinated or paid by the petition entity;
(II) The current name, address, telephone number, and electronic-mail address of the
petition entity; and
(III) The name and signature of the designated agent of the petition entity for the
candidate, candidate committee, or recall committee.
(b) A petition entity shall notify the secretary of state within twenty days of any change
in the information submitted pursuant to subsection (4)(a) of this section.
(c) The secretary of state shall charge a nonrefundable license fee for each application in
accordance with section 24-21-104 (3).
(5) A petition entity shall ensure that a petition circulated by the entity is delivered to the
candidate, candidate committee, or recall committee no later than three days before the deadline
for the candidate to file the petition.
(6) The secretary of state may create a single application and license, and charge a single
fee, for entities subject to this section and section 1-40-135.