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Colorado > Colorado Electoral Code > Initiative And Referendum

1-40-102. Definitions

Overview of Statute

Definitions for the following terms:

  1. Ballot issue
  2. Ballot title
  3. Circulator
  4. Designated representative of the proponents
  5. Draft
  6. Section
  7. Submission clause
  8. Title

Statute

As used in this article, unless the context otherwise requires:

(1) “Ballot issue” means a nonrecall, citizen-initiated petition or legislatively-referred measure which is authorized by the state constitution, including a question as defined in sections 1-41-102 (3) and 1-41-103 (3), enacted in Senate Bill 93-98.

(2) “Ballot title” means the language which is printed on the ballot which is comprised of the submission clause and the title.

(3) (Deleted by amendment, L. 95, p. 430, § 2, effective May 8, 1995.)

(3.5) “Circulator” means a person who presents to other persons for possible signature a petition to place a measure on the ballot by initiative or referendum.

(3.7) “Designated representative of the proponents” or “designated representative” means a person designated pursuant to section 1-40-104 to represent the proponents in all matters affecting the petition.

(4) “Draft” means the typewritten proposed text of the initiative which, if passed, becomes the actual language of the constitution or statute, together with language concerning placement of the measure in the constitution or statutes.

(5) (Deleted by amendment, L. 95, p. 430, § 2, effective May 8, 1995.)

(6) “Section” means a bound compilation of initiative forms approved by the secretary of state, which shall include pages that contain the warning required by section 1-40-110 (1), the ballot title, and a copy of the proposed measure; succeeding pages that contain the warning, the ballot title, and ruled lines numbered consecutively for registered electors’ signatures; and a final page that contains the affidavit required by section 1-40-111 (2). Each section shall be consecutively prenumbered by the petitioner prior to circulation.

Editor’s note: This version of subsection (6) is effective until March 26, 2016.

(6) “Section” means a bound compilation of initiative forms approved by the secretary of state, which shall include pages that contain the warning required by section 1-40-110 (1), the ballot title, the abstract required by section 1-40-110 (3), and a copy of the proposed measure; succeeding pages that contain the warning, the ballot title, and ruled lines numbered consecutively for registered electors’ signatures; and a final page that contains the affidavit required by section 1-40-111 (2). Each section shall be consecutively prenumbered by the petitioner prior to circulation.

Editor’s note: This version of subsection (6) is effective March 26, 2016.

(7) (Deleted by amendment, L. 95, p. 430, § 2, effective May 8, 1995.)

(8) “Submission clause” means the language which is attached to the title to form a question which can be answered by “yes” or “no”.

(9) (Deleted by amendment, L. 2000, p. 1621, § 3, effective August 2, 2000.)

(10) “Title” means a brief statement that fairly and accurately represents the true intent and meaning of the proposed text of the initiative.

 

 

Source: L. 93: Entire article amended with relocations, p. 676, § 1, effective May 4; (1) amended, p. 1436, § 126, effective July 1.L. 95: (3) to (7) and (9) amended, p. 430, § 2, effective May 8.L. 2000: (6) and (9) amended, p. 1621, § 3, effective August 2.L. 2009: (3.5) added, (HB 09-1326), ch. 258, p. 1170, § 3, effective May 15.L. 2011: (3.7) added, (HB 11-1072), ch. 255, p. 1102, § 2, effective August 10.L. 2015: (6) amended, (HB 15-1057), ch. 198, p. 674, § 1, effective March 26, 2016.

Editor’s note: (1) This section is similar to former § 1-40-100.3 as it existed prior to 1993, and the former § 1-40-102 (3)(b) was relocated to § 1-40-107 (5). (2) Section 9 of chapter 198 (HB 15-1057), Session Laws of Colorado 2015, provides that changes to this section by the act apply to initiatives that are submitted for review and comment on or after March 26, 2016.

Cross references: For the legislative declaration in the 2011 act adding subsection (3.7), see section 1 of chapter 255, Session Laws of Colorado 2011.
 
ANNOTATIONS

Holding that title was not a brief statement that fairly and accurately represented the true intent and meaning of the proposed initiative where the title and summary did not contain any indication that the geographic area affected would have been limited, and therefore there would be a significant risk that voters statewide would have misperceived the scope of the proposed initiative. Matter of Proposed Initiative 1996-17, 920 P.2d 798 (Colo. 1996).

Holding that the titles and summary were not misleading since they tracked the language of the initiative, and any problems in the interpretation of the measure or its constitutionality were beyond the functions assigned to the title board and outside the scope of the court’s review of the title board’s actions. Matter of Proposed Initiative 1997-98 No. 10, 943 P.2d 897 (Colo. 1997).
Definition [Ballot title]

The language which is printed on the ballot which is comprised of the submission clause and the title.

Definition [Submission clause]

The language which is attached to the title to form a question which can be answered by “yes” or “no”.

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 [Title]

A brief statement that fairly and accurately represents the true intent and meaning of the proposed text of the initiative.

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 [Person]

Any natural person, partnership, committee, association, corporation, labor organization, political party, or other organization or group of persons. Section 2(11) of article XXVIII of the state constitution.

Definition [Section]

A bound compilation of initiative forms approved by the secretary of state, which shall include pages that contain the warning required by section 1-40-110 (1), the ballot title, the abstract required by section 1-40-110 (3), and a copy of the proposed measure; succeeding pages that contain the warning, the ballot title, and ruled lines numbered consecutively for registered electors’ signatures; and a final page that contains the affidavit required by section 1-40-111 (2). Each section shall be consecutively prenumbered by the petitioner prior to circulation.

Definition [Secretary]

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

Cases

colorado Cases

Case Name: Matter of Proposed Initiative 1996-17

Citation: 920 P.2d 798 (Colo. 1996)

Year: 1996

Case URL: https://www.ravellaw.com/opinions/35406e720c3f9963fa0710f1b2005f2a

Case Summary: Holding that initiative titles and summary were misleading in that they failed to disclose that initiative would affect only the six-county Denver metropolitan area and that  fiscal impact statement in summary was inaccurate.

Case Name: Matter of Proposed Initiative 1997-98 No. 10

Citation: 943 P.2d 897 (Colo. 1997)

Year: 1997

Case URL: https://www.ravellaw.com/opinions/af63e4d7bf6df3d511320b975fad5d3c

Case Summary: Holding that board acted within its discretion in preparing fiscal impact statement without speculating about whether transportation commission would impose tolls; titles and summary for proposed initiative tracked language of initiative with respect to transportation programs and sources of revenue and were not misleading; and amendments to portions of proposed initiative were made in response to comments of directors of legislative council so that resubmission of amended draft to directors before submitting it to secretary of state was not required.

Case Name: Hayes v. Ottke

Citation: 293 P.3d 551 (2013)

Year: 2013

Case URL: https://www.ravellaw.com/opinions/2d095611dbee9eac357ef535a0ebc9d5

Case Summary: Because section 1-40-106(4)(a), C.R.S. (2012), requires "[e]ach designated representative" to appear at "any title board meeting at which the designated representative's ballot issue is considered," and section 1-40-106(4)(d), C.R.S. (2012), states that "[t]he title board shall not set a title for a ballot issue if either designated representative of the proponents fails to appear at a title board meeting," the Title Board lacks authority to set title or take action with respect to challenged titles where fewer than both designated representatives appear at a rehearing.

Case Name: Zaner v. City of Brighton

Citation: 899 P.2d 263 (Colo. App. 1994)

Year: 1994

Case URL: https://www.ravellaw.com/opinions/c85e721ee95c9277a47527d0abe3ec2c?query=899%20P[...]

Case Summary: The scope of "The Taxpayer's Bill of Rights" (TABOR) is limited to fiscal issues such as tax, revenue, and spending. Hence, since this election provisions contained in Colo. Const. art. X, § 20(3)(a), apply only to fiscal ballot issues, Brighton's election concerning the transfer of a utility franchise was proper and did not violate TABOR's election provisions.

Case Name: Byrne v. Title Bd.

Citation: 907 P.2d 570 (Colo. 1995)

Year: 1995

Case URL: https://www.ravellaw.com/opinions/10a9b23b4a34f9379df26904afb0d312

Case Summary: Section 1-40-106(1), 1B C.R.S. (1995 Supp.), states that "the last meeting [of the Title Board] shall be held no later than the third Wednesday in May in the year in which the measure is to be voted on." Section 1-40-107(1) states that "if the titles and summary protested were set at the last meeting in May, the motion shall be heard within forty-eight hours after the motion is filed." Id. Because the titles, submission clause, and summary for Amend Tabor No. 25 were set at its last meeting in May 1995, we hold that the Title Board erred by not hearing the petitioners' motion for rehearing within forty-eight hours after the motion was filed, as expressly provided by section 1-40-107(1), 1B C.R.S.(1995 Supp.).

Out-of-State Cases

Federal Cases

Case Name: Independence Inst. v. Gessler

Citation: 869 F. Supp. 2d 1289 (D. Colo. 2012)

Federal District Court: District of Colorado

Year: 2012

Case URL: https://perma.cc/TP4X-TFNQ

Case Summary: Holding that Colorado statute stating that “[n]o person shall circulate” petitions within state “unless the person is a resident of the state” barred non-residents from circulating petitions; state election rule allowing temporary non-residents to circulate petitions was not entitled to deference; statute's call-back provisions for petition circulators did not violate First Amendment; and state's significant interest in ensuring that petition entities were knowledgeable about Colorado law justified statute requiring petition entity training.

Case Name: Montero v. Meyer

Citation: 790 F. Supp. 1531 (D. Colo. 1992)

Federal District Court: District of Colorado

Year: 1992

Case URL: https://www.ravellaw.com/opinions/6b18bc3d0a11bbbb910c562633d94f68

Case Summary: Holding that a group of plaintiffs had a liberty right to challenge the title board's decision on an "English Only" amendment that was added to the Colorado Constitution by the vote of this state's citizens. Therefore, adding an amendment without proper notice violated the 14th Amendment of the United States Constitution. All registered electors also have an interest in the choice of language to be used in a private initiative's title, submission clause and summary.

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