Definitions. [Editor's note: This version of the introductory portion to this section is effective until November 1, 2020.]

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

[Editor's note: This version of the introductory portion to this section is effective November 1, 2020.] As used in this article 40, unless the context otherwise requires:

  1. "Ballot issue" means a nonrecall, citizen-initiated petition or legislatively-referredmeasure 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 ofthe 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.

  1. "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.

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

  3. [Editor's note: This version of subsection (6) is effective until November 1, 2020.] "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.

  1. [Editor's note: This version of subsection (6) is effective November 1, 2020.] "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 fiscal summary 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.

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

  3. "Submission clause" means the language which is attached to the title to form a question which can be answered by "yes" or "no".

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

  5. "Title" means a brief statement that fairly and accurately represents the true intentand 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 111072), ch. 255, p. 1102, § 2, effective August 10. L. 2015: (6) amended, (HB 15-1057), ch. 198, p. 674, § 1, effective March 26, 2016. L. 2020: IP and (6) amended, (HB 20-1416), ch. 232, p. 1122, § 1, effective November 1.

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 8(2) of chapter 232 (HB 20-1416), Session Laws of Colorado 2020, provides that the act changing this section applies to initiatives that are submitted for a title with the state title board on or after November 1, 2020.

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.


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