Colorado Secretary of State
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The Secretary of State is an elected member of the Executive Branch of Colorado's state government. Elected every four years, the Secretary of State serves as the chief executive of an office that oversees and administers laws including Colorado's business and commercial statutes, the Colorado Election Code, Voter Registration Law, and campaign finance laws. These varied duties are divided primarily among the Business, Elections, and Licensing Divisions.
Bernie Buescher currently holds the office.
Overview
Elections Division: Supervises elections, maintains statewide voter registration file, and administers the Campaign Finance Laws; serves as the filing office for unincorporated municipalities and for conflict of interest disclosure statements; and registers lobbyists.
The Elections Division is also in charge of publishing initiative guidelines, filing initiatives, verifying signatures of petitions and placement of initiatives on the ballot.
Filing with the Secretary of State
In order for a ballot to be submitted with the Secretary of State is must first go through the process of being submitted to the Attorney General in easy-to-understand language. The Legislative Council will then write the ballot text.
The following items are then files with the Secretary of State:
- The original type-written draft
- The amended draft with changes highlighted
- The original draft which has the final language for printing of the initiative
At this time proponents must designate two sponsors of the initiative for all information concerning the initiative to be communicated to during the campaign.
The Title Board
The Title Board is in charge of designating a title, ballot title and submission clause to the initiative. The staff for the Title Board consists of staff draft from the Legislative Legal Services. The purpose of the Title Board is to ensure that ballot title will avoid public confusion, not be misleading, are not leading and will correctly and fairly express the true intent and meaning of the measure. It is also the Title Board's responsibility to determine if the measure meets single subject restrictions.
These steps are taken at a public hearing that is on the first Wednesday of each month. For the draft to be considered it must be filed by 3:00 pm on the 12th day prior to the hearing.
- The first hearing of the Title Board is scheduled on the 1st Wednesday of December and the last hearing for the board is the third Wednesday in May in the year that measure will be placed on the ballot.
If proponents do not agree with the language the Title Board gives an initiative then they may motion for rehearing with the Secretary of State with 7 days of the title being set. It will then be re-heard at the next Title Board meeting. If proponents are still not satisfied they can motion for a rehearing with the Colorado Supreme Court.
- If titles are filed on the last meeting in May then there will be a rehearing within 48 hours of the filing.
Printing of the ballot
In order for a petition to be cleared for circulation the first printers proof must be approved by the Secretary of State. This will only occur after 7 days has passed allowing proponents to file for a rehearing with the Title Board and the first printers proof is approved for the correct format of the measure.
Signature verification process
Initiatives must be filed with the Secretary of State within 6 months from the date of the final language set by the Title Board, and must be filed as least 3 months before the election. All petitions must be filed by 3pm on the day of the filing.
After the initiative is filed the Secretary of State must declare if it is sufficient or insufficient with in 30 days.
If the ballot is declared insufficient then proponents have 15 day period to make up to gather additional signatures. At the end of this 15 day period the proponents may re-file the petition as long as it is still at least 3 months to the next election and filed by 3pm. The Secretary of State will issue a statement within 10 calendar days stating if the addendum cured the insufficiency.
Any registered elector may appeal the Secretary of State's statement of sufficiency with the Denver District Court within 30 days of the statement.
Other responsibilities
Business Division: Files documents relating to various business organizations and business names; files trade names for certain business entities; registers trade marks; files financing statements, notices of security interests in agricultural products; federal tax liens; and other miscellaneous statutory liens; performs searches of those records; provides copies of filed documents; issues related certificates; and provides pertinent educational services.
Licensing Division: Issues Bingo/Raffles licenses and inspects facilities and operations of these games to ensure compliance with Bingo/Raffle laws, commissions notaries public and administers the Notary law, collects and disseminates information filed by charitable organizations that solicit contributions in Colorado and their professional fundraisers, manages the Colorado Administrative Rules Code, and provides rulemaking and guidance for state agencies under the Uniform Electronic Transactions Act (UETA) Program.
Administration Division: Provides management and central support services for the Department of State such as budgeting, accounting, and human resources; monitors the use of the State Seal; certifies the interest rate on appealed money judgments; files Acts passed by the Legislature; and conveys information within our office to the public; plans and monitors legislation that affects the Department of State; and responds to inquires from the press and public.
Information Technology Division: Supports the information systems needs of the entire Secretary of State's office. Maintains the Departmental infrastructure consisting of multiple servers, personal computers, networking equipment, firewall, telephony, peripherals, and other information technology equipment to support the data and imaging needs of the Department. Also supports the web presence of the Secretary of State.
Funding
The Department of State is funded primarily by user fees, which are among the lowest in the nation.
Memberships
The Secretary of State is also a member of, and chairs, the three-member Title Setting Board, which sets the ballot titles for statewide initiatives.
Contact information
Proposals are filed at:
Secretary of State
1700 Broadway, Ste. 270
Denver, CO 80290
Phone: (393) 984-2200, press 3
See also
- Colorado Secretary of State Bernie Buescher
- Colorado Governor
- Colorado Lieutenant Governor
- Colorado Attorney General
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