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Colorado > Colorado Electoral Code > Initiative And Referendum

1-40-124. Publication

Statute

(1) (a) In accordance with section 1 (7.3) of article V of the state constitution, the director of research of the legislative council of the general assembly shall cause to be published at least one time in at least one legal publication of general circulation in each county of the state, compactly and without unnecessary spacing, in not less than eight-point standard type, a true copy of:

(I) The title and text of each constitutional amendment, initiated or referred measure, or part of a measure, to be submitted to the people with the number and form in which the ballot title thereof will be printed in the official ballot; and

(II) The text of each referred or initiated question arising under section 20 of article X of the state constitution, as defined in section 1-41-102 (3), to be submitted to the people with the number and form in which such question will be printed in the official ballot.

(b) The publication may be in the form of a notice printed in a legal newspaper, as defined in sections 24-70-102 and 24-70-103 (1), C.R.S., or in the form of a publication that is printed separately and delivered as an insert in such a newspaper. The director of research of the legislative council may determine which form the publication will take in each legal newspaper. The director may negotiate agreements with one or more legal newspapers, or with any organization that represents such newspapers, to authorize the printing of a separate insert by one or more legal newspapers to be delivered by all of the legal newspapers participating in the agreement.

(c) Where more than one legal newspaper is circulated in a county, the director of research of the legislative council shall select the newspaper or newspapers that will make the publication. In making such selection, the director shall consider the newspapers’ circulation and charges.

(d) The amount paid for publication shall be determined by the executive committee of the legislative council and shall be based on available appropriations. In determining the amount, the executive committee may consider the newspaper’s then effective current lowest bulk comparable or general rate charged and the rate specified for legal newspapers in section 24-70-107, C.R.S. The director of research of the legislative council shall provide the legal newspapers selected to perform printing in accordance with this subsection (1) either complete slick proofs or mats of the title and text of the proposed constitutional amendment, initiated or referred measure, or part of a measure, and of the text of a referred or initiated question arising under section 20 of article X of the state constitution, as defined in section 1-41-102 (3), at least one week before the publication date.

(e) If no legal newspaper is willing or able to print or distribute the publication in a particular county in accordance with the provisions of this subsection (1), the director of research of the legislative council shall assure compliance with the publication requirements of section 1 (7.3) of article V of the state constitution by causing the printing of additional inserts or legal notices in such manner and form as deemed necessary and by providing for their separate circulation in the county as widely as may be practicable. Such circulation may include making the publications available at government offices and other public facilities or private businesses. If sufficient funds are available for such purposes, the director may also contract for alternative methods of circulation or may cause circulation by mailing the publication to county residents. Any printing and circulation made in accordance with this paragraph (e) shall be deemed to be a legal publication of general circulation for purposes of section 1 (7.3) of article V of the state constitution.

(2) (Deleted by amendment, L. 95, p. 437, § 18, effective May 8, 1995.)

 

 

Source: L. 93: Entire article amended with relocations, p. 691, § 1, effective May 4.L. 94: (1) amended, p. 1688, § 1, effective January 19, 1995.L. 95: Entire section amended, p. 437, § 18, effective May 8.L. 2000: (1) amended, p. 298, § 3, effective August 2.L. 2004: (1) amended, p. 961, § 1, effective May 21.

 

Editor’s note: (1) This section is similar to former § 1-40-114 (1) and (2) as it existed prior to 1993.

(2) Section 5 of chapter 284, Session Laws of Colorado 1994, provided that the act amending subsection (1) was effective on the date of the proclamation of the Governor announcing the approval, by the registered electors of the state, of Senate Concurrent Resolution 94-005, enacted at the Second Regular Session of the Fifty-ninth General Assembly. The date of the proclamation of the Governor announcing the approval of Senate Concurrent Resolution 94-005 was January 19, 1995.
 
ANNOTATION
 
I. General Consideration.
II. Publication.
III. Newspapers of General Circulation.
 
I.GENERAL CONSIDERATION.

Annotator’s note. The following annotations include cases decided under former provisions similar to this section.

The facts upon which depend the question whether an amendment proposed to the constitution has received the approval of the people will be judicially noticed and the court will resort to all sources of information which may afford satisfactory evidence upon the question. Harrison v. People ex rel. Whatley, 57 Colo. 137, 140 P. 203 (1914).
 
II.PUBLICATION.

The purpose of the provision that the full text of a proposed amendment be published in a newspaper of general circulation is to acquaint the voters, before they enter the polling booths, as to the contents of measures submitted. Cook v. Baker, 121 Colo. 187, 214 P.2d 787 (1950).

And to require that the text of an amendment or a substantial portion thereof be again printed on the official ballot, is contrary to all precedent, could serve no useful purpose, and was not within the contemplation of the general assembly. Cook v. Baker, 121 Colo. 187, 214 P.2d 787 (1950).

The timely publication of a constitutional amendment in 62 counties of the state, with only five days’ delay in the sixty-third county and that without fault of either the proponents of the amendment or of the secretary of state, is a substantial compliance with the requirement of the statute. Yenter v. Baker, 126 Colo. 232, 248 P.2d 311 (1952).

And where publication was in compliance with the provisions of the section, the supreme court makes no determination as to the validity of the statutory provisions requiring such publication. Yenter v. Baker, 126 Colo. 232, 248 P.2d 311 (1952).
 
III.NEWSPAPERS OF GENERAL CIRCULATION.

The phrase “newspaper of general circulation in each county” means that an amendment must be published in one newspaper in each county in the state, which is published, and has a general circulation, in that county. In re House Resolution No. 10, 50 Colo. 71, 114 P. 293 (1911).

The phrase “general circulation” is descriptive of the character of the newspaper. In re House Resolution No. 10, 50 Colo. 71, 114 P. 293 (1911).

And it must be one of general, not special, or limited circulation. In re House Resolution No. 10, 50 Colo. 71, 114 P. 293 (1911).

The newspaper may not be a mere advertising sheet, or a newspaper restricted or devoted to some particular trade or calling, or branch of industry. In re House Resolution No. 10, 50 Colo. 71, 114 P. 293 (1911).

Definition [Circulated]

Presented to an elector for the collection of a signature and other information required by this article. C.R.S. § 1-12-100.5.

Definition [State]

A state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. C.R.S. § 1-8.3-102.

Definition [Ballot]

(a) A federal write-in absentee ballot;

(b) A ballot specifically prepared or distributed for use by a covered voter in accordance with this article; or

(c) A ballot cast by a covered voter in accordance with this article.

(2) “Covered voter” means:

(a) A uniformed-service voter defined in paragraph (a) of subsection (9) of this section who is a resident of this state but who is absent from this state by reason of active duty and who otherwise satisfies this state’s voter eligibility requirements;

(b) An overseas voter who, before leaving the United States, was last eligible to vote in this state and, except for a state residency requirement, otherwise satisfies this state’s voter eligibility requirements;

(c) An overseas voter who, before leaving the United States, would have been last eligible to vote in this state had the voter then been of voting age and, except for a state residency requirement, otherwise satisfies this state’s voter eligibility requirements; or

(d) An overseas voter who was born outside the United States, is not described in paragraph (b) or (c) of this subsection (2), and, except for a state residency requirement, otherwise satisfies this state’s voter eligibility requirements if the last place where a parent, legal guardian, spouse, or civil union partner of the voter was, or under this article would have been, eligible to vote before leaving the United States is within this state.

C.R.S. § 1-8.3-102.

Definition [Secretary]

The Colorado secretary of state. C.R.S. § 1-1.5-102.

Definition [Committee]

The committee of signers described in section 1-12-108(2). C.R.S. § 1-12-100.5.

Cases

colorado Cases

Case Name: Harrison v. People ex rel. Whatley

Citation: 57 Colo. 137, 140 P. 203 (1914)

Year: 1914

Case Summary: Upholding the appointment of a judge to a county court based on an interpretation of a voter-approved amendment to the state constitution. Accordingly, a county need not hold an election to fill a vacancy created when an elected judge is declared unqualified to serve after an election.

Case Name: Cook v. Baker

Citation: 121 Colo. 187 (Colo. 1950)

Year: 1950

Case URL: https://www.ravellaw.com/opinions/51d756c78c27d116d4e2b677be8c8edb

Case Summary: Holding that a ballot title and submission clause, as fixed by the board, failed to comply with a state statute. As a result, the court remanded with instructions for amending the board's errors.

Case Name: Yenter v. Baker

Citation: 126 Colo. 232, 248 P.2d 311 (1952)

Year: 1952

Case URL: https://www.ravellaw.com/opinions/3a505083ebf30b4ac0be801dae72f3fa

Case Summary: Holding that citizens may not enjoin the secretary of state from placing a proposed amendment on the ballot because the petitioners failed to file the proposal more than eight months before an election. The statute that mandated the deadline violated the state constitution.

Case Name: In re House Resolution No. 10

Citation: 50 Colo. 71, 114 P. 293 (1911)

Year: 1911

Case Summary: Holding that the state constitution requires state officials to publish proposed amendments in at least one newspaper both published and generally circulated within each county in the state.

Out-of-State Cases

Federal Cases