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VII. Rejection of Signatures or Petition Sections

C.R.S. Title 1 Elections (PDF)

1. Why individual signatures may be rejected

Individual signatures may be rejected for any of the following reasons:

• the signature is that of an unregistered elector;
• the signer’s address or other required information does not match his/her voter registration record;
• the address the signer provided is a post office box;
• the signer did not provide the required information to sign a petition;
• the signature was dated after the circulator’s affidavit was completed;
• the signature date is invalid;
• assistance was provided but no statement of such assistance accompanies the signature or mark;
• the elector’s writing is illegible;
• the elector has already signed the petition (duplicate signature); or
• the signer’s information appears outside of a numbered signature block on a petition section.

[1-4-904, C.R.S.]

[1-12-108, C.R.S.]

[1-40-111, C.R.S.]

[Rule 15.1.4(d)  (PDF)]

2. Why a petition section may be rejected

The entire petition section may be rejected for any of the following reasons:

a. Incomplete or invalid circulator's affidavit

During the verification process, the circulator’s affidavit will be checked for each petition section to ensure validity. A signed, notarized, and dated circulator affidavit must be attached to each petition section. The affidavit must be completed in accordance with Article 4, Article 12, & Article 40, Title 1, C.R.S. and SOS Election Rule 15.

Any petition section that lacks a valid and complete notarized affidavit will be rejected.

[1-4-905(3), C.R.S.]

[1-12-108(6)(j), C.R.S.]

[1-40-111(2)(c), C.R.S]

[Rule 15.1.3 (PDF)]

b. Incomplete or invalid notary clause

The notary clause at the end of the affidavit will be checked for each petition section. The entire petition section will be rejected if:

• required information is missing;
• the dates on the notary clause and circulator affidavit do not match; or
• the notary is not a current/valid notary with an active commission on file with the office of the Secretary of State.

[1-4-905(2)(b)(II), C.R.S.]

[1-12-108(6)(f), C.R.S.]

[1-40-111(2)(c), C.R.S. & 1-40-130(1)(e), C.R.S.]

[Rule 15.1.3 (PDF)]

c. Disassembly of a petition section

A disassembled petition section will be invalid. For example, if the circulator affidavit has been separated from the signature pages, the petition section and all signatures on that section will be rejected.

[1-4-905(2)(a), C.R.S.]

[1-12-108(8)(b), C.R.S.]

[1-40-113(2), C.R.S.]

d. Circulator's absence in the event of a protest

A petition circulator must be available to provide testimony in the event of a protest if the petition is challenged on the grounds of circulator fraud as defined in section 1-40-111(3)(a), C.R.S. If the circulator is not available, the petition section may be rejected.

However, the petition section will not be rejected if the circulator is absent because he/she:

• has died;
• has become mentally incompetent; or
• has become medically incapacitated and physically unable to testify by any means whatsoever.

[1-4-905(4)(b), C.R.S.]

[1-12-108(6)(g), C.R.S.]

[1-40-111(3)(b), C.R.S.]