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Colorado > Colorado Electoral Code > Initiative And Referendum

1-40-109. Signatures required – withdrawal

Statute

(1) No petition for any initiated law or amendment to the state constitution shall be of any force or effect, nor shall the proposed law or amendment to the state constitution be submitted to the people of the state of Colorado for adoption or rejection at the polls, as is by law provided for, unless the petition for the submission of the initiated law or amendment to the state constitution is signed by the number of electors required by the state constitution.

(2) (Deleted by amendment, L. 95, p. 433, § 7, effective May 8, 1995.)

(3) Any person who is a registered elector may sign a petition for any ballot issue for which the elector is eligible to vote. A registered elector who signs a petition may withdraw his or her signature from the petition by filing a written request for such withdrawal with the secretary of state at any time on or before the day that the petition is filed with the secretary of state.

 

 

Source: L. 93: Entire article amended with relocations, p. 682, § 1, effective May 4.L. 94: (2) amended, p. 1180, § 73, effective July 1.L. 95: (2) and (3) amended, p. 433, § 7, effective May 8.L. 2009: (3) amended, (HB 09-1326), ch. 258, p. 1172, § 7, effective May 15.

 

Editor’s note: This section is similar to former § 1-40-105 as it existed prior to 1993, and the former § 1-40-109 was relocated. For a detailed comparison, see the comparative tables located in the back of the index.
 
ANNOTATION

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

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

Any natural person, partnership, committee, association, corporation, labor organization, political party, or other organization or group of persons. Section 2(11) of article XXVIII of the state constitution.

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: 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

Regulations & Guidance