1-40-104. Designated representatives
Overview of Statute
At the time of any filing of a draft, two designated representatives shall represent the proponents in all matters affecting the petition and shall recieve all notice and information regarding the petition.
Statute
At the time of any filing of a draft as provided in this article, the proponents shall designate the names and mailing addresses of two persons who shall represent the proponents in all matters affecting the petition and to whom all notices or information concerning the petition shall be mailed.
Source: L. 93: Entire article amended with relocations, p. 677, § 1, effective May 4.
ANNOTATIONS
Holding that the designation requirement is a procedural one, so the proponents’ failure to designate two persons to receive mail notices did not deprive the board of jurisdiction. Matter of the Proposed Initiated Constitutional Amendment Concerning Limited Gaming in the City of Antonito, 873 P.2d 733 (Colo. 1994), overruled in Hayes v. Ottke, 2013 CO 1, 293 P.3d 551.
1. Definition for Ballot title
The language which is printed on the ballot which is comprised of the submission clause and the title.
2. Definition for Submission clause
The language which is attached to the title to form a question which can be answered by “yes” or “no”.
3. Definition for Draft
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.
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 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.
Cases
Colorado Cases
Case Name: Matter of the Proposed Initiated Constitutional Amendment Concerning Limited Gaming in the City of Antonito
Citation: 873 P.2d 733 (Colo. 1994)
Year: 1994
Case URL: https://www.ravellaw.com/opinions/a2a850be11d4024615318fc48f2d9e7d
Case Summary: Holding that signatures collected for an initiative during pendency of appeal were not valid when order in which material was presented in title, submission, and summary was misleading as to the scope of the initiative.
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: Loonan v. Woodley
Citation: 882 P.2d 1380 (Colo. 1994)
Year: 1994
Case URL: https://www.ravellaw.com/opinions/761d63d9e8f9fe0c2a9f2ce64c2cfa89
Case Summary: Holding that substantial compliance was the appropriate standard for determining whether petitions conformed with statutory requirements; circulators' affidavits which were missing statement that they had read and understood laws governing petition circulation did not substantially comply with statute; and read-and-understand requirement did not unconstitutionally infringe on the constitutional right to petition.
Out-of-State Cases
Federal Cases
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.