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Law

CO Senate Bill 21-250

Notary Law Update: CO Senate Bill 21-250

State: Colorado

Summary:

Senate Bill 21-250 no longer requires circulator for various elections petitions to present a second form of identification to a Notary when having a circulator’s affidavit notarized.

Signed:  June 21, 2021

Effective:  June 21, 2021

Chapter: 282

Affects:
Amends Sections 1-4-905, 1-12-108, and 1-40-111 of the Colorado Revised Statutes.

Changes:
  1. Prohibits a Notary from notarizing a circulator's affidavit on a recall petition unless the circulator is in the physical presence of the Notary and the circulator has dated the affidavit and fully and accurately completed all of the personal information on the affidavit.
  2. No longer requires a circulator who circulates a petition to nominate a candidate to present to the Notary a form of identification as defined in CRS 1-1-104(19.5) when the Notary is notarizing the circulator's affidavit.
  3. Removes the prior requirement that the circulator of an initiative or referendum petition must present to the Notary a form of identification as defined in CRS 1-1-104(19.5) that the Notary must specify on a blank line that is part of the affidavit form.
Analysis:

Under the law before Senate Bill 21-250 was enacted, when a Notary notarized various elections petitions, the circulator of the petition had to have their signature notarized on an affidavit. As part of that process, the circulator was required to present to the Notary a form of identification as prescribed in CRS 1-1-104(19.5). The list of IDs contains no fewer than thirteen different forms of identification. Many, but not all, are IDs a Notary would require to perform the notarial act. It seems redundant and unnecessary to require a circulator to present a second form of ID when the circulator has already been satisfactorily identified for the notarial act, especially when the form of ID is not the same one presented for the notarial act. Senate Bill 21-250 changes this by removing the requirement for the second identification verfication.

Read the bill text.

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