§ C.R.S. § 1-4-908Review of petition - signature verification - notification - cure - rules

en · 3,946 chars · active
(1)
Upon filing, the designated election official for the political subdivision shall review all petition
information and verify the information against the registration records, and, where applicable,
the county assessor's records. The secretary of state shall establish guidelines for verifying
petition entries.
(1.5) (a) In any election conducted after January 1, 2018, for any petition that must be
filed with the secretary of state in accordance with section 1-4-907, the secretary of state shall
compare each signature on a candidate petition with the signature of the eligible elector stored in
the statewide voter registration system. The secretary of state may use a signature verification
device to compare the signatures.
(b) (I) If it is determined that the signature on the petition does not match the signature
of the eligible elector stored in the statewide voter registration database, or if a signature
verification device is unable to determine that the signatures match, a second review shall be
made by an employee of the secretary of state's office or a designee trained in signature
verification. If the employee or designee agrees that the signatures do not match, the secretary of
state shall, within three days of completing review of the entire petition, notify the candidate of
such deficiency.
(II) To cure a signature that failed the signature verification process described in
subsection (1.5)(b)(I) of this section, a candidate must provide the secretary of state with a
statement, signed by the elector whose signature failed the verification process, that states
substantially that the elector signed the petition. The statement must be accompanied by a copy
of the elector's identification, as defined in section 1-1-104 (19.5). The secretary of state shall
prescribe the form for the statement. To cure the signature deficiency, the candidate must return
the statement and a copy of the elector's identification to the secretary of state within five days of
the date the secretary notifies the candidate of the signature deficiency.
(III) The secretary of state may promulgate rules, in accordance with article 4 of title 24,
to implement this subsection (1.5).
(2) (Deleted by amendment, L. 95, p. 832, § 36, effective July 1, 1995.)
Colorado Revised Statutes 2024
Page 139 of 561
Uncertified Printout
(2.5) If, while verifying a signer's information against the registration records in
accordance with subsection (1) of this section, the designated election official finds that the
signer provided his or her mailing address rather than his or her residence address as required
under section 1-4-904 (3), the designated election official may accept the signature line as valid
if the designated election official is able to locate the signer's record in the statewide voter
registration database and determine that the signer was eligible to sign the petition.
(3) After review, the official shall notify the candidate of the number of valid signatures
and whether the petition appears to be sufficient or insufficient. In the case of a petition for
nominating an unaffiliated candidate, the official shall provide notification of sufficiency or
insufficiency to the candidate no later than ninety-six days before the general election. Upon
determining that the petition is sufficient and after the time for protest has passed, the designated
election official shall certify the candidate to the ballot, and, if the election is a coordinated
election, so notify the coordinated election official.
(4) If a partisan candidate who submitted a candidate petition for review accesses the
ballot by assembly before the designated election official declares the petition sufficient or
insufficient, the candidate must immediately inform the designated election official. Upon
receiving notification, the designated election official shall cease review and shall consider the
petition to have never been submitted.

Primary source. The text above is the canonical statute body as it appears in this revision of the atlas. Verify against the official gazette before quoting in litigation or formal advice. Spot an error? Suggest a correction.