1-40-103. Applicability of article
Overview of Statute
This article shall apply to all state ballot issues that are authorized by the state constitution unless measures are governed by the provisions of another section.
(1) This article shall apply to all state ballot issues that are authorized by the state constitution unless otherwise provided by statute, charter, or ordinance.
(2) The laws pertaining to municipal initiatives, referenda, and referred measures are governed by the provisions of article 11 of title 31, C.R.S.
(3) The laws pertaining to county petitions and referred measures are governed by the provisions of section 30-11-103.5, C.R.S.
(4) The laws pertaining to school district petitions and referred measures are governed by the provisions of section 22-30-104 (4), C.R.S.
Source: L. 93: Entire article amended with relocations, p. 677, § 1, effective May 4.L. 95: Entire section amended, p. 431, § 3, effective May 8.L. 96: (3) and (4) added, p. 1765, § 53, effective July 1.
Editor’s note: Provisions of the former § 1-40-103 were relocated in 1993. For a detailed comparison, see the comparative tables located in the back of the index.
Holding that the petition was circulated within the period specified by law. See Baker v. Bosworth, 122 Colo. 356, 222 P.2d 416 (1950).
- Ballot Initiatives & Recall Elections
1. Definition for 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.
2. 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.
3. 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.
4. Definition for Title
A brief statement that fairly and accurately represents the true intent and meaning of the proposed text of the initiative.
5. 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.
6. 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.
Case Name: Baker v. Bosworth
Citation: 222 P.2d 416 (1950)
- No legislation is necessary or required to put into force and effect the self-executing constitutional provisions authorizing initiative proceedings for the adoption of constitutional amendments, by eight per cent of the electorate.
- The phrase "at least," in reference to the number of signatures required to initiate constitutional amendments, is neither indefinite nor uncertain, and that when the constitutional minimum is reached, the petition contains all signatures necessary or required. The titles and submission clause here considered were fixed and determined within the meaning of the statute on January 31, 1950.
- It follows that the statute, in so far as it attempts to require more than eight per cent of the legal voters to sign petitions for the submission of initiated amendments to the Constitution, is unconstitutional and void.
- The petition signed by eight per cent of the qualified voters was circulated within the period specified by law.