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Law

CO House Bill 19-1278

Notary Law Update: CO House Bill 19-1278

State: Colorado

Summary:

House Bill 19-1278 enacts prohibited acts related to the notarization of a signature on a candidate nomination petition and provisions invalidating these notarizations.

Signed:  May 29, 2019

Effective:  August 02, 2019

Chapter: TBD

Affects:

Amends Section 1-4-905 of the Colorado Revised Statutes.

Changes:
  1. Prohibits a Notary from notarizing the signature on a candidate nomination petition unless the circulator is in the physical presence of the Notary.
  2. Prohibits a Notary from notarizing the signature on a candidate nomination petition unless the circulator has dated the affidavit on the petition and fully and accurately completed all of the personal information on the affidavit required by CRS 1-4-905(2)(a).
  3. Prohibits a Notary from notarizing the signature on a candidate nomination petition unless the circulator presents a form of identification as defined in CRS 1-1-104(19.5).
  4. Provides that any notarization of the signature on a candidate nomination petition that does not comply with these prohibitions is invalid.
  5. Provides that if the date entered by the circulator on the affidavit of a nominating petition is different than the date of notarization, the affidavit is invalid.
  6. Provides that if a Notary notarizes an affidavit on a candidate nominating petition that has not been dated by the circulator, the date of notarization does not cure the defective date entered by the circulator and the affidavit is invalid.
Analysis:

House Bill 19-1287 enacts multiple provisions that affect Notaries who notarize candidate nomination petitions in Colorado. Although prohibited by the Revised Uniform Law on Notarial Acts (see CRS 24-21-506), the new law prohibits the notarization of the signature on a petition unless the circulator is in the physical presence of the Notary. The bill also requires the circulator to present a specific form of identification as defined in CRS 1-1-104(19.5) to the Notary. That statute lists the following IDs:

  • A valid Colorado driver's license, except a license issued under part 5 of article 2 of title 42, C.R.S.
  • A valid identification card issued by the Department of Revenue in accordance with the requirements of part 3 of article 2 of title 42, C.R.S.
  • A valid United States passport, a valid employee identification card with a photograph of the eligible elector issued by any branch, department, agency, or entity of the United States government or of this state, or by any county, municipality, board, authority, or other political subdivision of Colorado.
  • A valid pilot's license issued by the FAA or other authorized agency of the United States.
  • A valid United States military identification card with a photograph of the eligible elector.
  • A copy of a current utility bill, bank statement, government check, paycheck, or other government document that shows the name and address of the elector.
  • A valid Medicare or Medicaid card issued by the United States Health Care Financing Administration. 
  • A certified copy of a birth certificate for the elector issued in the United States.
  • A certified documentation of naturalization; a valid student identification card with a photograph of the eligible elector issued by an institution of higher education in Colorado, as defined in section 23-3.1-102 (5), C.R.S.
  • A valid veteran identification card issued by the United States Department of Veterans Affairs Veterans Health Administration with a photograph of the eligible elector.
  • A valid identification card issued by a federally recognized tribal government certifying tribal membership.

Many IDs on this long list may already be presented to a Notary for identification for a notarial act, although some do not qualify (a utility bill, or certified copy of birth certificate, for example). In cases where one of the IDs do not qualify under the Revised Uniform Law on Notarial Acts (see CRS 24-21-507), the Notary must obtain an ID that does satisfy CRS 24-21-507 and also obtain the utility bill or certified copy of a birth certificate, if that is the ID satisfying CRS 1-1-104(19.5) that the circulator possesses.

Read the bill text.

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