(1) For ballot issues, beginning with the first submission of a draft after an election, the secretary of state shall convene a title board consisting of the secretary of state, the attorney general, and the director of the office of legislative legal services or their designees. The title board, by majority vote, shall proceed to designate and fix a proper fair title for each proposed law or constitutional amendment, together with a submission clause, at public meetings to be held at the hour determined by the title board on the first and third Wednesdays of each month in which a draft or a motion for reconsideration has been submitted to the secretary of state. To be considered at such meeting, a draft shall be submitted to the secretary of state no later than 3 p.m. on the twelfth day before the meeting at which the draft is to be considered by the title board, and the designated representatives of the proponents must comply with the requirements of subsection (4) of this section. The first meeting of the title board shall be held no sooner than the first Wednesday in December after an election, and the last meeting shall be held no later than the third Wednesday in April in the year in which the measure is to be voted on.
(Deleted by amendment, L. 95, p. 431, § 4, effective May 8, 1995.)
(a) (Deleted by amendment, L. 2000, p. 1620, § 1, effective August 2, 2000.)
In setting a title, the title board shall consider the public confusion that might becaused by misleading titles and shall, whenever practicable, avoid titles for which the general understanding of the effect of a "yes/for" or "no/against" vote will be unclear. The title for the proposed law or constitutional amendment, which shall correctly and fairly express the true intent and meaning thereof, together with the ballot title and submission clause, shall be completed, except as otherwise required by section 1-40-107, within two weeks after the first meeting of the title board. Immediately upon completion, the secretary of state shall deliver the same with the original to the designated representatives of the proponents, keeping the copy with a record of the action taken thereon. Ballot titles shall be brief, shall not conflict with those selected for any petition previously filed for the same election, and, shall be in the form of a question which may be answered "yes/for" (to vote in favor of the proposed law or constitutional amendment) or "no/against" (to vote against the proposed law or constitutional amendment) and which shall unambiguously state the principle of the provision sought to be added, amended, or repealed.
In order to avoid confusion between a proposition and an amendment, as such termsare used in section 1-5-407 (5)(b), the title board shall describe a proposition in a ballot title as a "change to the Colorado Revised Statutes" and an amendment as an "amendment to the Colorado constitution".
A ballot title for a statewide referred measure must be in the same form as a ballottitle for an initiative as required by paragraph (c) of this subsection (3).
(3.5) For every proposed constitutional amendment, the title board shall determine whether the proposed constitutional amendment only repeals in whole or in part a provision of the state constitution for purposes of section 1 (4)(b) of article V of the state constitution. The secretary of state shall keep a record of the determination made by the title board.
(4) (a) Each designated representative of the proponents shall appear at any title board meeting at which the designated representative's ballot issue is considered.
Each designated representative of the proponents shall certify by a notarized affidavitthat the designated representative is familiar with the provisions of this article, including but not limited to the prohibition on circulators' use of false addresses in completing circulator affidavits and the summary prepared by the secretary of state pursuant to paragraph (c) of this subsection (4). The affidavit shall include a physical address at which process may be served on the designated representative. The designated representative shall sign and file the affidavit with the secretary of state at the first title board meeting at which the designated representative's ballot issue is considered.
The secretary of state shall prepare a summary of the designated representatives ofthe proponents' responsibilities that are set forth in this article.
The title board shall not set a title for a ballot issue if either designated representativeof the proponents fails to appear at a title board meeting or file the affidavit as required by paragraphs (a) and (b) of this subsection (4). The title board may consider the ballot issue at its next meeting, but the requirements of this subsection (4) shall continue to apply.
The secretary of state shall provide a notary public for the designated representativesat the title board meeting.
Source: L. 93: Entire article amended with relocations, p. 679, § 1, effective May 4. L. 95: (1), (2), and (3)(a) amended, p. 431, § 4, effective May 8. L. 2000: (3) amended, p. 1620, § 1, effective August 2. L. 2004: (1) amended, p. 756, § 1, effective May 12. L. 2009: (1) amended, (HB 09-1326), ch. 258, p. 1170, § 4, effective July 1. L. 2011: (1) and (3)(b) amended and (4) added, (HB 11-1072), ch. 255, p. 1102, § 3, effective August 10. L. 2012: (1) and (3)(b) amended, (HB 12-1313), ch. 141, p. 510, § 1, effective April 26; (3)(c) and (3)(d) added, (HB 12-1089), ch. 70, p. 241, § 2, effective May 1; (3)(b) amended, (HB 12-1089), ch. 70, p. 241, § 2, effective January 1, 2013. L. 2017: (3.5) added, (SB 17-152), ch. 169, p. 616, § 1, effective August 9.
Editor's note: (1) This section is similar to former § 1-40-101 as it existed prior to 1993, and the former § 1-40-106 was relocated. For a detailed comparison, see the comparative tables located in the back of the index.
(2) Amendments to subsection (3)(b) by House Bill 12-1089 and House Bill 12-1313 were harmonized.
Cross references: (1) For the general assembly, powers, and initiative and referendum reserved to the people, see also § 1 of art. V, Colo. Const.; for recall from office, see art. XXI, Colo. Const.
For the legislative declaration in the 2011 act amending subsections (1) and (3)(b) and adding subsection (4), see section 1 of chapter 255, Session Laws of Colorado 2011.
For the legislative declaration in the 2012 act amending subsection (3)(b) and addingsubsections (3)(c) and (3)(d), see section 1 of chapter 70, Session Laws of Colorado 2012. 1-40-106.5. Single-subject requirements for initiated measures and referred constitutional amendments - legislative declaration. (1) The general assembly hereby finds, determines, and declares that:
Section 1 (5.5) of article V and section 2 (3) of article XIX of the state constitutionrequire that every constitutional amendment or law proposed by initiative and every constitutional amendment proposed by the general assembly be limited to a single subject, which shall be clearly expressed in its title;
Such provisions were referred by the general assembly to the people for their approval at the 1994 general election pursuant to Senate Concurrent Resolution 93-4;
The language of such provisions was drawn from section 21 of article V of the stateconstitution, which requires that every bill, except general appropriation bills, shall be limited to a single subject, which shall be clearly expressed in its title;
The Colorado supreme court has held that the constitutional single-subject requirement for bills was designed to prevent or inhibit various inappropriate or misleading practices that might otherwise occur, and the intent of the general assembly in referring to the people section 1 (5.5) of article V and section 2 (3) of article XIX was to protect initiated measures and referred constitutional amendments from similar practices;
The practices intended by the general assembly to be inhibited by section 1 (5.5) ofarticle V and section 2 (3) of article XIX are as follows:
To forbid the treatment of incongruous subjects in the same measure, especially thepractice of putting together in one measure subjects having no necessary or proper connection, for the purpose of enlisting in support of the measure the advocates of each measure, and thus securing the enactment of measures that could not be carried upon their merits;
To prevent surreptitious measures and apprise the people of the subject of each measure by the title, that is, to prevent surprise and fraud from being practiced upon voters.
It is the intent of the general assembly that section 1 (5.5) of article V and section 2 (3) of article XIX be liberally construed, so as to avert the practices against which they are aimed and, at the same time, to preserve and protect the right of initiative and referendum.
It is further the intent of the general assembly that, in setting titles pursuant to section1 (5.5) of article V, the initiative title setting review board created in section 1-40-106 should apply judicial decisions construing the constitutional single-subject requirement for bills and should follow the same rules employed by the general assembly in considering titles for bills.
Source: L. 94: Entire section added, p. 73, § 1, effective January 19, 1995.
Editor's note: Section 2 of chapter 22, Session Laws of Colorado 1994, provided that the act enacting this section was effective on the date of the proclamation of the Governor announcing the approval, by the registered electors of the state, of SCR 93-004, enacted at the First Regular Session of the Fifty-ninth General Assembly. The date of the proclamation of the Governor announcing the approval of SCR 93-004 was January 19, 1995. (See L. 95, p. 1427.)