§ 1-4-905. Circulators--requirements--affidavits--notarization--training | Statutes | Westlaw

(2)(a) Each petition section must have attached a signed, notarized, and dated affidavit executed by the person who circulated the petition section, which must include: The affiant's printed name, the address at which the affiant resides, including the street name and number, the city or town, the county, and the date of signature; a statement that the affiant has read and understands the laws governing the circulation of petitions; a statement that the affiant was a citizen of the United States and at least eighteen years of age at the time the section of the petition was circulated and signed by the listed electors; a statement that the affiant circulated the section of the petition; a statement that each signature on the petition section was affixed in the affiant's presence and is the signature of the person whose name it purports to be; a statement that to the best of the affiant's knowledge and belief each of the persons signing the petition section was, at the time of signing, an eligible elector; a statement that the affiant has not paid or will not in the future pay and that the affiant believes that no other person has paid or will pay, directly or indirectly, any money or other thing of value to any signer for the purpose of inducing or causing the signer to sign the petition; a statement that the affiant understands that the affiant can be prosecuted for violating the law governing the circulation of petitions, including the requirement that the affiant truthfully completed the affidavit and that each signature thereon was affixed in the affiant's presence; and a statement that the affiant understands that failing to make himself or herself available to be deposed and to provide testimony in the event of a protest shall invalidate the petition section if it is challenged on the grounds of circulator fraud.

(4)(a) As part of any court proceeding or hearing conducted by the secretary of state or designated election official related to a protest of all or part of a petition section, the circulator of such petition section shall be required to make himself or herself available to be deposed and to testify in person, by telephone, or by any other means permitted under the Colorado rules of civil procedure. Except as set forth in subsection (4)(b) of this section, the petition section that is the subject of the protest shall be invalid if a circulator fails to comply with the requirement set forth in this subsection (4)(a) for any protest that includes an allegation of circulator fraud that is pled with particularity regarding:

(b) Upon the finding by a district court, the secretary of state, or the designated election official that the circulator of a petition section is unable to be deposed or to testify at trial or a hearing conducted by the secretary of state or designated election official because the circulator has died, become mentally incompetent, or become medically incapacitated and physically unable to testify by any means whatsoever, the provisions of subsection (4)(a) of this section do not apply to invalidate a petition section circulated by the circulator.

(6)(a) A circulator who is not to be paid for circulating a petition 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 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.