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Colorado
Secretary of State
Jena Griswold

Colorado Secretary of State logo - Colorado Secretary of State Jena Griswold

Picture of Secretary of State Jena Griswold

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Colorado Secretary of State logo - cube with a C in it

Colorado
Secretary of State
Jena Griswold

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Initiative Procedures & Guidelines

SoS home > Elections home > Initiatives home > Initiative procedures & guidelines > Statement of sufficiency or insufficiency

Statement of sufficiency or insufficiency

No later than thirty calendar days after the petition was filed, the Secretary of State will issue a statement of sufficiency or insufficiency. This statement indicates whether a sufficient number of valid signatures have been submitted to certify the petition to the ballot.

In the event that the Secretary of State fails to issue a statement of sufficiency or insufficiency within 30 calendar days, the petition will be deemed sufficient.

For additional information, see section 1-40-117, C.R.S.

Opportunity to cure insufficiency

If the Secretary of State issues a statement of insufficiency, the designated representatives may cure the insufficiency by filing an addendum to the original petition for the purposes of offering an additional number of signatures.

The addendum must be filed with the Secretary of State within 15 days of the statement of insufficiency and no later than the applicable deadlines for filing an initiative petition.

Both designated representatives must be present when the addendum is filed with the Secretary of State.

All filings must be submitted by 3:00 PM on the day of filing.

Reminder: If the petition is filed on the deadline (3 months before Election Day) and the Secretary of State issues a statement of insufficiency, the opportunity to cure will no longer be available.

If an addendum is filed, the Secretary of State will determine whether it cured the insufficiency found in the original petition. Within ten calendar days, the Secretary of State will issue a new statement of sufficiency or insufficiency.

If the addendum is insufficient, the proposed initiative will not be placed on the ballot.

Public access to filed petitions

While the Secretary of State examines the petition for sufficiency (a period of no more than 30 days from the date of submission), the petition will not be available to the public for review. After the Secretary of State issues a statement of sufficiency or insufficiency, the petition will be available to the public. An addendum that is filed to cure an insufficiency will be reviewed by the Secretary of State within ten days and will not be available to the public for review.

For additional information, see sections 1-40-116(2) and 1-40-117(3)(b), C.R.S.

Protesting the Secretary of State's determination

Any registered elector may appeal the Secretary of State’s determination of sufficiency or insufficiency by filing a protest in the Denver District Court.

The protest must be:

  • filed with the Court within 30 days of the statement of sufficiency or insufficiency;
  • in writing;
  • under oath; and
  • the protester must submit three copies to the Court.

For additional information, see section 1-40-118, C.R.S.

Placement on the ballot

Once a petition is sufficient, the ballot title and submission clause is placed on the ballot. The proposal is numbered according to the requirements outlined in section 1-5-407, C.R.S and Rule 4.5.2(e)(1).

Withdrawal of an initiative petition

The designated representatives may withdraw an initiative from consideration by filing a letter with the Secretary of State requesting that the initiative not be placed on the ballot.

The letter must be signed and acknowledged by both designated representatives before a notary public. Additionally, the letter must be filed no later than 60 days prior to the election at which the initiative is to be voted upon.

Withdrawing as a designated representative

A designated representative is not permitted to withdraw or swap with another individual.