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(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(4) Repealed.
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.
Colorado Revised Statutes 2024
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1-40-113. Form - representatives of signers. (1) (a) Each section of a petition shall be
printed on a form as prescribed by the secretary of state. No petition shall be printed, published,
or otherwise circulated unless the form and the first printer's proof of the petition have been
approved by the secretary of state. The designated representatives of the proponent are
responsible for filing the printer's proof with the secretary of state, and the secretary of state shall
notify the designated representatives whether the printer's proof is approved. Each petition
section shall designate by name and mailing address two persons who shall represent the signers
thereof in all matters affecting the same. The secretary of state shall assure that the petition
contains only the matters required by this article and contains no extraneous material. All
sections of any petition shall be prenumbered serially, and the circulation of any petition section
described by this article other than personally by a circulator is prohibited. Any petition section
circulated in whole or in part by anyone other than the person who signs the affidavit attached to
the petition section shall be invalid. Any petition section that fails to conform to the
requirements of this article or is circulated in a manner other than that permitted in this article
shall be invalid.
(b) The secretary of state shall notify the proponents at the time a petition is approved
pursuant to paragraph (a) of this subsection (1) that the proponents must register an issue
committee pursuant to section 1-45-108 (3.3) if two hundred or more petition sections are
printed or accepted in connection with circulation of the petition.
(c) The secretary of state shall notify the proponents at the time a petition format for an
initiated amendment to the state constitution is approved pursuant to subsection (1)(a) of this
section of the number and boundaries of the state senate districts in existence and the number of
registered electors in each state senate district at the time of approval.
(d) The secretary of state shall notify the director of research of the legislative council at
the time a petition is approved pursuant to (1)(a) of this section.
(2) Any disassembly of a section of the petition which has the effect of separating the
affidavits from the signatures shall render that section of the petition invalid and of no force and
effect.
(3) Each section of the petition must include the affidavits required by section 1-40-111
(2), together with the sheets containing the signatures accompanying the same.
Colorado Revised Statutes 2024
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(2) For the legislative declaration in the 2011 act amending subsections (1)(a) and (3),
see section 1 of chapter 255, Session Laws of Colorado 2011.