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Colorado > Colorado Electoral Code > Initiative And Referendum

1-40-108. Petition – time of filing

Statute

(1) No petition for any ballot issue shall be of any effect unless filed with the secretary of state within six months from the date that the titles and submission clause have been fixed and determined pursuant to the provisions of sections 1-40-106 and 1-40-107 and unless filed with the secretary of state no later than three months and three weeks before the election at which it is to be voted upon. A petition for a ballot issue for the election to be held in November of odd-numbered years shall be filed with the secretary of state no later than three months and three weeks before such odd-year election. All filings under this section must be made by 3 p.m. on the day of filing.

(2) (Deleted by amendment, L. 95, p. 433, § 6, effective May 8, 1995.)

 

Source: L. 93: Entire article amended with relocations, p. 682, § 1, effective May 4; (1) amended, p. 1437, § 127, effective July 1.L. 95: Entire section amended, p. 433, § 6, effective May 8.L. 2000: (1) amended, p. 1622, § 6, effective August 2.L. 2009: (1) amended, (HB 09-1326), ch. 258, p. 1171, § 6, effective May 15.

 

Editor’s note: This section is similar to former § 1-40-104 as it existed prior to 1993, and the former § 1-40-108 was relocated to § 1-40-115.

Cross references: For computation of time under the “Uniform Election Code of 1992”, articles 1 to 13 of this title, see § 1-1-106; for computation of time under the statutes generally, see § 2-4-108.
 
ANNOTATION

Law reviews. For comment, “Buckley v. American Constitutional Law Foundation, Inc.: The Struggle to Establish a Consistent Standard of Review in Ballot Access Cases Continues”, see 77 Den. U. L. Rev. 197 (1999).

Annotator’s note. The following annotations include cases decided under former provisions similar to this section.

The requirement that petitions be circulated within a six-month period is not an unreasonable burden on the rights of either the proponents of the petition or of the voting public. Am. Constitutional Law Found., Inc. v. Meyer, 870 F. Supp. 995 (D. Colo. 1994), aff’d, 120 F.3d 1092 (10th Cir. 1997), aff’d on other grounds, 525 U.S. 182, 119 S. Ct. 636, 142 L. Ed. 2d 599 (1999).

The six-month deadline set forth in subsection (1) is a reasonable, nondiscriminatory ballot access regulation; it does not offend the first and fourteenth amendments of the United States Constitution. The requirement preserves the integrity of the state’s elections, maintains an orderly ballot, and limits voter confusion. The requirement advances those interests by establishing a reasonable window in which proponents must demonstrate support for their causes. Am. Constitutional Law Found., Inc. v. Meyer, 120 F.3d 1092 (10th Cir. 1997), aff’d on other grounds, 525 U.S. 182, 119 S. Ct. 636, 142 L. Ed. 2d 599 (1999).

Petition for initiative may be filed or circulated anytime after previous general election. Matter of Title, Ballot Title, Etc., 850 P.2d 144 (Colo. 1993) (decided under former § 1-40-104 prior to 1993 amendments).

Applied in Spelts v. Klausing, 649 P.2d 303 (Colo. 1982).

Definition [Circulated]

Presented to an elector for the collection of a signature and other information required by this article. C.R.S. § 1-12-100.5.

Definition [United States]

Used in the territorial sense, means the several states, the District of Columbia, Puerto Rico, the United States Virgin Islands, and any territory or insular possession subject to the jurisdiction of the United States. C.R.S. § 1-8.3-102.

Definition [State]

A state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. C.R.S. § 1-8.3-102.

Definition [Ballot]

(a) A federal write-in absentee ballot;

(b) A ballot specifically prepared or distributed for use by a covered voter in accordance with this article; or

(c) A ballot cast by a covered voter in accordance with this article.

(2) “Covered voter” means:

(a) A uniformed-service voter defined in paragraph (a) of subsection (9) of this section who is a resident of this state but who is absent from this state by reason of active duty and who otherwise satisfies this state’s voter eligibility requirements;

(b) An overseas voter who, before leaving the United States, was last eligible to vote in this state and, except for a state residency requirement, otherwise satisfies this state’s voter eligibility requirements;

(c) An overseas voter who, before leaving the United States, would have been last eligible to vote in this state had the voter then been of voting age and, except for a state residency requirement, otherwise satisfies this state’s voter eligibility requirements; or

(d) An overseas voter who was born outside the United States, is not described in paragraph (b) or (c) of this subsection (2), and, except for a state residency requirement, otherwise satisfies this state’s voter eligibility requirements if the last place where a parent, legal guardian, spouse, or civil union partner of the voter was, or under this article would have been, eligible to vote before leaving the United States is within this state.

C.R.S. § 1-8.3-102.

Definition [Election]

Any election under the “Uniform Election Code of 1992” or the “Colorado Municipal Election Code of 1965”, article 10 of title 31, C.R.S. C.R.S. § 1-7.5-103.

Definition [Secretary]

The Colorado secretary of state. C.R.S. § 1-1.5-102.

Cases

Colorado Cases

Out-of-State Cases

Case State: colorado

Case Name: Matter of Title, Ballot Title, Etc.

Citation: 850 P.2d 144 (Colo. 1993)

Year: 1993

Case URL: https://www.ravellaw.com/opinions/36cd0c393ebf4ec0bc56e5b964b75041

Case Summary: Holding that Title Setting Board had jurisdiction to designate and fix title, ballot title, submission clause, and summary; question of when measure would appear on ballot was premature; Board did not use improper catch phrase or slogan in summary; and fiscal impact statement was sufficient.

Case State: colorado

Case Name: Spelts v. Klausing

Citation: 649 P.2d 303 (Colo. 1982)

Year: 1982

Case URL: https://www.ravellaw.com/opinions/e4b828959488e9832ab31f883aae6aab

Case Summary: Holding that summary did not fail to explain the fiscal impact of the initiative; references to the “Southern Colorado Economic Development District” in the titles, summary, and submission clause were not misleading; titles, summary, and submission clause were not invalid for failure to accurately reflect the true intent of the initiative; and the Board did not act in excess of its jurisdiction by deleting a paragraph from the initiative.

Federal Cases

Case Name: Am. Constitutional Law Found., Inc. v. Meyer

Citation: 120 F.3d 1092 (10th Cir. 1997)

Federal Circuit Court: 10th Circuit Court

Year: 1997

Case URL: https://www.ravellaw.com/opinions/3d3d9c8280768fc2c2d6774c4dc5632d

Case Summary: Holding that state statute requiring petition circulators to be registered electors unconstitutionally impinged on free expression; statute's requirement that circulators wear personal identification badges unconstitutionally infringed their First Amendment rights; and provisions of statute requiring disclosure of information regarding paid circulators violated First Amendment.

Case Name: Am. Constitutional Law Found., Inc. v. Meyer

Citation: 870 F. Supp. 995 (D. Colo. 1994)

Federal District Court: District of Colorado

Year: 1994

Case URL: https://www.ravellaw.com/opinions/dc23c68714a93aa29fe2d6a464b267bb

Case Summary: Holding that requirement that petitions be circulated within a six-month period was not an undue restriction and was therefore legitimate.

Regulations & Guidance