III. Completing the Circulator Affidavit Before a Notary Public

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1. Affirmation and notarization requirements

After a petition section has been circulated and the circulator is finished gathering signatures, he or she will need to complete and sign the circulator affidavit of the petition before a notary public commissioned in Colorado. 

To complete the affidavit, the circulator must provide their printed name and their permanent residence address. If they are not a Colorado resident, they must provide both their permanent residence address in the state of which they are a resident, as well as the temporary street address where they are staying in Colorado.  Proper identification, outlined further below, must also be presented to the notary.


2. Presenting proper identification to the notary

When completing the circulator affidavit, the circulator must present to the notary an acceptable form of identification as defined by section 1-1-104(19.5), C.R.S.  The list of acceptable forms of identification can be found here:

Acceptable forms of identification (PDF)

While the Colorado residency requirement for circulators was struck down in The Independence Institute v. Gessler, the court upheld the requirement that a circulator present to the notary a specific type of identification.  Therefore, if the identification provided has an address, it must be a Colorado address. The court’s decision can be found here:

The Independence Institute v. Gessler (PDF)

[See section 1-40-111(2)(a), C.R.S]


3. Correcting mistakes to the circulator affidavit and notary jurat

If a small correction is made to the circulator affidavit, the circulator should cross out the error and initial the change.  The notary may not correct any information filled out by the circulator in the circulator affidavit.

The same principle applies if a small correction is made to the notary jurat, except the notary should cross out the error and initial the change.  The circulator may not correct any information filled out by the notary in the notary section of the circulator affidavit.

If a larger correction is required for either the circulator affidavit or notary jurat, then the information should be completely crossed out by the circulator (for affidavit corrections) and notary (for notary corrections) and a new circulator affidavit and notary jurat should be completed.  The new affidavit and jurat page should be attached to the petition section.

 

4. Sample circulator affidavit

I do solemnly affirm under penalty of perjury that:

  • I have read and understand the laws governing the circulation of petitions;
  • I was a citizen of the United States, and at least 18 years of age at the time this section of the petition was circulated and signed by the listed electors;
  • I circulated this section of the petition;
  • Each signature on this petition was affixed in my presence;
  • Each signature on this petition is the signature of the person whose name it purports to be;
  • To the best of my knowledge and belief each of the persons signing this petition section was, at the time of signing, a registered elector;
  • I have not paid or will not in the future pay and I believe 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 such signer to affix his or her signature to the petition;
  • I understand that I can be prosecuted for violating the laws governing the circulation of petitions, including the requirement that a circulator truthfully completed the affidavit and that each signature on the petition was affixed in the circulator’s presence;
  • I understand that failing to make myself 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;
  • I understand that the entire petition section may be rejected if any portion of the circulator affidavit is incomplete; and
  • I understand that I am required to provide my permanent residence address and the temporary street address where I am staying in Colorado if I am not a Colorado resident.

Circulator Name (please print)

_________________________________________      ___________________________________________  
Last name                                                               First name


Permanent Residence Address (or location if homeless)

_______________________________________   ___________________________   _____________   _______   ____________
Street name and number                                   City/Town                                     County                 State      ZIP Code


Temporary Colorado Address (if you are not a Colorado resident)

_______________________________________   ___________________________   _____________   _______   ____________
Street name and number                                   City/Town                                     County                 State      ZIP Code


Sign and Date

_______________________________________________________________   _________________________
Signature of Circulator                                                                                 Date of Signing

 

STATE OF COLORADO
COUNTY OF ______________________________

Subscribed and sworn to before me this ______ day of _________________, 20_____, by ______________________________.
                                                            Day                        Month                 Year           Printed name of Circulator above

Signature (and title) of Notary / Official Administering Oath  ________________________________________________________

My commission expires: ___________________________      Type of ID provided by circulator: __________________________