Section 1-40-112 - Circulators - requirements - training(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.Amended by 2018 Ch. 113,§ 3, eff. 8/8/2018.L. 93: Entire article amended with relocations, p. 684, § 1, effective May 4. L. 2007: Entire section amended, p. 1982, § 35, effective August 3. L. 2009: (3) and (4) added, (HB 09-1326), ch. 258, p. 1174, §10, effective July 1. L. 2018: (1) amended and (4) repealed, (HB 18-1145), ch. 113, p. 808, § 3, effective August 8.(1) Subsection (1) is similar to former § 1-40-106 (3) as it existed prior to 1993, and the former § 1-40-112 was relocated to § 1-40-122(1).
(2) In Independence Institute v. Gessler, 936 F. Supp. 2d 1256 (D. Colo. 2013), the 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.
For the legislative declaration in HB 18-1145, see section 1 of chapter 113, Session Laws of Colorado 2018.