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(1) As used in this section,
"petition entity" means any person or issue committee that directly or indirectly provides
compensation to a circulator to circulate a ballot petition.
(2) (a) It is unlawful for any petition entity to provide compensation to a circulator to
circulate a petition without first obtaining a license therefor from the secretary of state. 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; to 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 to
have knowingly contracted with a petition entity, or the 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. The secretary of state shall
deny a license:
(I) Repealed.
(II) 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,
pursuant to section 1-40-112 (3).
(b) Repealed.
(c) The secretary of state shall revoke the petition entity license if, at any time after
receiving a license, a petition entity is determined to no longer be in compliance with the
requirements set forth in subsection (2)(a) 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 the petition; or
(V) Repealed.
(VI) A notary public's notarization of a petition section outside of the presence of the
circulator or without the production of the required identification for notarization of a petition
section.
(d) The secretary of state shall revoke the petition entity license, if, at any time after
receiving a license, a petition entity is determined to have knowingly contracted with a petition
entity that violated a provision of subsections (2)(c)(I) to (2)(c)(VI) of this section.
Colorado Revised Statutes 2024
Page 504 of 561
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(3) (a) Any procedures by which alleged violations involving petition entities are heard
and adjudicated shall be governed by the "State Administrative Procedure Act", article 4 of title
24. If a complaint is filed with the secretary of state pursuant to section 1-40-132 (1) alleging
that a petition entity was not licensed when it compensated any circulator, the secretary may use
information that the entity is required to produce pursuant to section 1-40-121 and any other
information to which the secretary may reasonably gain access, including documentation
produced pursuant to subsection (2)(b) of this section, at a hearing. After a hearing is held, if a
violation is determined to have occurred, such petition entity shall be fined by the secretary in an
amount not to exceed one hundred dollars per circulator for each day that the named individual
or individuals circulated petition sections on behalf of the unlicensed petition entity. If the
secretary finds that a petition entity 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.
(b) A petition entity whose license has been revoked may apply for reinstatement to be
effective upon expiration of the term of revocation.
(c) In determining whether to reinstate a license, the secretary may consider:
(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, 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) 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, which application
shall be on a form prescribed by the secretary. No license shall be issued without payment of a
nonrefundable license fee to the secretary of state, which license fee shall be determined and
collected pursuant to section 24-21-104 (3), C.R.S., to cover the cost of administering this
section.
(5) (a) A licensed petition entity shall register with the secretary of state by providing to
the secretary of state:
(I) The proposed measure number 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
proposed measure.
(b) A petition entity shall notify the secretary of state within twenty days of any change
in the information submitted pursuant to paragraph (a) of this subsection (5).
Colorado Revised Statutes 2024
Page 505 of 561
Uncertified Printout
Source: L. 2009: Entire section added, (HB 09-1326), ch. 258, p. 1179, § 18, effective
May 15. L. 2011: (3)(a) amended, (HB 11-1072), ch. 255, p. 1106, § 7, effective August 10. L.
2018: (2)(b) and (2)(c)(V) repealed and IP(2)(c) and (2)(c)(IV) amended, (HB 18-1145), ch. 113,
p. 808, § 5, effective August 8. L. 2021: (1) and IP(2)(a) amended, (2)(a)(I) repealed, and (2)(d)
added, (SB 21-250), ch. 282, p. 1670, § 75, effective June 21. L. 2023: IP(2)(a), (3)(a), and
(5)(a)(I) amended, (SB 23-276), ch. 399, p. 2393, § 45, effective June 6.
Laws of Colorado 2018.