1-41-103. Local ballot issue elections in odd-numbered years
Statute
(1) At the local election to be held on the first Tuesday of November in 1993, and in each odd-numbered year thereafter, the following issues shall appear on the ballot if they concern local government matters arising under section 20 of article X of the state constitution and if they are submitted in accordance with applicable law:
(a) Amendments to the charter of any home rule city or home rule county initiated by the voters or submitted by the legislative body of the home rule city or county in accordance with said charter;
(b) Ordinances, resolutions, or franchises proposed in accordance with section 1 of article V of the state constitution and section 31-11-104, C.R.S.;
(c) Measures referred to the people pursuant to petitions filed against an ordinance, resolution, or franchise passed by the legislative body of any local government in accordance with section 1 of article V of the state constitution and section 31-11-105, C.R.S.;
(d) Questions which are referred to the people by the governing body of the local government in accordance with the law prescribing procedures therefor;
(e) Questions which are initiated by the people in accordance with the law prescribing procedures therefor.
(2) As used in this section, “local government” means a county, a municipality as defined in section 31-1-101 (6), C.R.S., a school district, or a special district as defined in sections 32-1-103 (20) and 35-70-109, C.R.S.
(3) As used in this section, a “question” means a proposition which is in the form of a question meeting the requirements of section 20 (3) (c) of article X of the state constitution and which is submitted in accordance with the law prescribing procedures therefor without reference to a specific ordinance, resolution, franchise, or other local legislation or a specific amendment to the charter of a home rule city or home rule county.
(4) As used in this section, “local government matters arising under section 20 of article X of the state constitution” includes:
(a) Approval of a new tax, tax rate increase, mill levy above that for the prior year, or extension of an expiring tax, or a tax policy change directly causing a net tax revenue gain pursuant to section 20 (4) (a) of article X of the state constitution;
(b) Approval of the creation of any multiple-fiscal year direct or indirect debt or other financial obligation without adequate present cash reserves pledged irrevocably and held for payments in all future fiscal years pursuant to section 20 (4) (b) of article X of the state constitution;
(c) Approval of emergency taxes pursuant to section 20 (6) of article X of the state constitution;
(d) Approval of revenue changes pursuant to section 20 (7) of article X of the state constitution;
(e) Approval of a delay in voting on ballot issues pursuant to section 20 (3) (a) of article X of the state constitution;
(f) Approval of the weakening of a local limit on revenue, spending, and debt pursuant to section 20 (1) of article X of the state constitution.
(5) The submission of issues at elections in November of odd-numbered years in accordance with this section, or at other elections as provided in section 20 (3) (a) of article X of the state constitution, shall not be deemed the exclusive method of submitting local issues to a vote of the people, and nothing in this section shall be construed to repeal, diminish, or otherwise affect in any way the authority of local governments to hold issue elections in accordance with other provisions of law.
(6) and (7) Repealed.
Source: L. 93: Entire article added, p. 1995, § 1, effective June 8.L. 94: (1)(b) and (1)(c) amended, p. 1622, § 6, effective May 31.L. 95: (1)(b) and (1)(c) amended, p. 439, § 24, effective May 8.L. 2001: (6) and (7) added, p. 273, § 31, effective March 30.L. 2010: (6) and (7) repealed, (HB 10-1116), ch. 194, p. 840, § 29, effective May 5.
Holding that the proposed amendments to home-rule charters and local initiated or referred measures concerning issues arising under the provisions of article X, § 20, of the state constitution may be submitted to the people for a vote at a local election and are to be held on the first Tuesday of November in odd-numbered years. The provisions of article X, § 20 (3), apply only to issues of government financing, spending, and taxation governed by article X, § 20. Zaner v. City of Brighton, 917 P.2d 280 (Colo. 1996).
Holding that the leegislation that furthers the purpose of self-executing constitutional provisions or that facilitates their enforcement is permissible. The general assembly did not exceed its authority by enacting legislation to resolve the ambiguity in article X, § 20, of the state constitution. Zaner v. City of Brighton, 917 P.2d 280 (Colo. 1996).
Holding that the term “referred measure” is defined in § 1-1-104 (34.5) to include any ballot question or ballot issue submitted to its eligible electors by any local governmental entity. Such referred measures encompass approval of revenue changes pursuant to § 20 (7) of article X of the state constitution referenced in subsection (4)(d). Havens v. Bd. of County Comm’rs, 924 P.2d 517 (Colo. 1996).
- Cross-References:
- Ballot Access
- Ballot Initiatives & Recall Elections
- Election Day
1. Definition for Ballot issue
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. Definition for 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.
3. Definition for 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.
4. Definition for 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.
5. Definition for Election
Any election under the “Uniform Election Code of 1992” or the “Colorado Municipal Election Code of 1965”, article 10 of title 31, C.R.S. C.R.S. § 1-7.5-103.
6. Definition for Spending
Funds expended influencing or attempting to influence the selection, nomination, election, or appointment of any individual to any state or local public office in the state and includes, without limitation, any purchase, payment, distribution, loan, advance, deposit, or gift of money or anything of value by any political organization, a contract, promise, or agreement to expend funds made or entered into by any political organization, or any electioneering communication by any political organization. C.R.S. § 1-45-103.
Cases
Colorado Cases
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: Colo. Common Cause v. Coffman
Citation: 85 P.3d 551 (Colo. App. 2003)
Year: 2003
Case URL: https://www.ravellaw.com/opinions/a2c2cd8abd08c77f5e6c26bc9119c2da
Case Summary: Holding that the Administrative Law Judge (ALJ) did not err in finding that the state treasurer violated the law by expending more than $50 in public funds urging voters to defeat a measure and that the ALJ had authority to impose a monetary sanction for this violation.
Case Name: Matter of Ballot Title 1997-98 No. 74
Citation: 962 P.2d 927 (Colo. 1998)
Year: 1998
Case URL: https://www.ravellaw.com/opinions/0fa640bff35287ce44c9b70666e9cc06
Case Summary: Holding that proposed initiative to impose “school impact fees” on newly constructed housing encompassed only one subject and that language used by the Title Board in setting the titles fairly and accurately conveyed the proposal's central ramifications.
Case Name: City of Rocky Ford v. Brown
Citation: 293 P.2d 974 (Colo. 1956)
Year: 1956
Case URL: https://www.ravellaw.com/opinions/bbcc15cb8984dcef5befc0d64f5485dc
Case Summary:
- Neither this, nor any other court, may be called upon to construe or pass upon a legislative act until it has been adopted. The only exception to this rule is the constitutional provision authorizing the legislature to propound interrogatories to the supreme court upon important questions upon solemn occasions.
- Whenever the provisions of the initiative and referendum laws are applied as here, to local and municipal affairs, the city or town clerk shall perform the duties specified, and upon failure to perform these mandatory duties, or shall refuse to submit any petition in the form presented for submission at any election, is subjected to the penal provisions of the statute providing for a fine and imprisonment. C.R.S. '53, 70-1-19.
- No discretion rests with administrative officials to pass upon the validity of an act proposed by the people.The people in the exercise of their right to vote upon such proposal, wisely adopt or reject it. If they express their sanction and approval of the ordinance by their vote, and its enforcement is attempted by one whose rights are affected, then the courts are open to pass upon the question of its validity.
- The separation of governmental powers must be held inviolate, therefore the trial court or this court may not intrude upon the legislative powers through an advisory opinion.
Case Name: Leach Arnold Homes, Inc. v. City of Boulder
Citation: 507 P.2d 476 (Colo. App. 1973)
Year: 1973
Case URL: https://www.ravellaw.com/opinions/2e22ada2e0127d7ce738b42b3e34ad0b
Case Summary: Holding that where city charter provided that people had the power of referendum, specified effect of filing referendum petition, specified method of referendum election and title of ballot, and charter provisions were complete for purpose of filing petition; references to a "committee of petitioners" referred only to initiative petitions; and failure to designate a committee of petitioners, therefore, was not fatal to referendum petition seeking repeal of annexation ordinance.