1-40-108. Petition – time of filing
Overview of Statute
No petition for any ballot issue shall be of any effect unless filed with the secretary of state within six months from the date that the titles and submission clause have been fixed and determined.
(1) No petition for any ballot issue shall be of any effect unless filed with the secretary of state within six months from the date that the titles and submission clause have been fixed and determined pursuant to the provisions of sections 1-40-106 and 1-40-107 and unless filed with the secretary of state no later than three months and three weeks before the election at which it is to be voted upon. A petition for a ballot issue for the election to be held in November of odd-numbered years shall be filed with the secretary of state no later than three months and three weeks before such odd-year election. All filings under this section must be made by 3 p.m. on the day of filing.
(2) (Deleted by amendment, L. 95, p. 433, § 6, effective May 8, 1995.)
Source: L. 93: Entire article amended with relocations, p. 682, § 1, effective May 4; (1) amended, p. 1437, § 127, effective July 1.L. 95: Entire section amended, p. 433, § 6, effective May 8.L. 2000: (1) amended, p. 1622, § 6, effective August 2.L. 2009: (1) amended, (HB 09-1326), ch. 258, p. 1171, § 6, effective May 15.
Editor’s note: This section is similar to former § 1-40-104 as it existed prior to 1993, and the former § 1-40-108 was relocated to § 1-40-115.
Cross references: For computation of time under the “Uniform Election Code of 1992”, articles 1 to 13 of this title, see § 1-1-106; for computation of time under the statutes generally, see § 2-4-108.
Law reviews. For comment, “Buckley v. American Constitutional Law Foundation, Inc.: The Struggle to Establish a Consistent Standard of Review in Ballot Access Cases Continues”, see 77 Den. U. L. Rev. 197 (1999).
Annotator’s note. The following annotations include cases decided under former provisions similar to this section.
Holding that the authority to set election date or to place any measure on ballot is vested in Secretary of State alone. Byrne v. Title Bd., 1995, 907 P.2d 570, modified on denial of rehearing.
Secretary of State’s authority to set election date or to place any measure on ballot is not exercised while casting single vote for purpose of setting title and summary of initiative measure before Initiative Title Setting Board. Byrne v. Title Bd., 1995, 907 P.2d 570, modified on denial of rehearing.
Holding that the initiative Title Setting Board does not have authority to determine, preliminarily or finally, eligibility of initiative issues to appear on statewide ballots; recognizing such power in Title Board would conflict with applicable statutes that place such authority with Secretary of State. Byrne v. Title Bd., 1995, 907 P.2d 570, modified on denial of rehearing.
Holding that the requirement that petitions be circulated within a six-month period is not an unreasonable burden on the rights of either the proponents of the petition or of the voting public. Am. Constitutional Law Found., Inc. v. Meyer, 870 F. Supp. 995 (D. Colo. 1994), aff’d, 120 F.3d 1092 (10th Cir. 1997), aff’d on other grounds, 525 U.S. 182, 119 S. Ct. 636, 142 L. Ed. 2d 599 (1999).
Holding that the six-month deadline set forth in subsection (1) is a reasonable, nondiscriminatory ballot access regulation; it does not offend the first and fourteenth amendments of the United States Constitution. The requirement preserves the integrity of the state’s elections, maintains an orderly ballot, and limits voter confusion. The requirement advances those interests by establishing a reasonable window in which proponents must demonstrate support for their causes. Am. Constitutional Law Found., Inc. v. Meyer, 120 F.3d 1092 (10th Cir. 1997), aff’d on other grounds, 525 U.S. 182, 119 S. Ct. 636, 142 L. Ed. 2d 599 (1999).
Holding that a petition for initiative may be filed or circulated anytime after previous general election. Matter of Title, Ballot Title, Etc., 850 P.2d 144 (Colo. 1993) (decided under former § 1-40-104 prior to 1993 amendments).
Applied in Spelts v. Klausing, 649 P.2d 303 (Colo. 1982).
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 Ballot title
The language which is printed on the ballot which is comprised of the submission clause and the title.
4. Definition for United States
Used in the territorial sense, means the several states, the District of Columbia, Puerto Rico, the United States Virgin Islands, and any territory or insular possession subject to the jurisdiction of the United States. C.R.S. § 1-8.3-102.
5. Definition for Submission clause
The language which is attached to the title to form a question which can be answered by “yes” or “no”.
6. 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.
7. Definition for Title
A brief statement that fairly and accurately represents the true intent and meaning of the proposed text of the initiative.
8. 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.
9. 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.
10. 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.
11. Definition for Secretary
The Colorado secretary of state. C.R.S. § 1-1.5-102.
Case Name: Matter of Title, Ballot Title, Etc.
Citation: 850 P.2d 144 (Colo. 1993)
Case Summary: Holding that Title Setting Board had jurisdiction to designate and fix title, ballot title, submission clause, and summary; question of when measure would appear on ballot was premature; Board did not use improper catch phrase or slogan in summary; and fiscal impact statement was sufficient.
Case Name: Spelts v. Klausing
Citation: 649 P.2d 303 (Colo. 1982)
Case Summary: Holding that summary did not fail to explain the fiscal impact of the initiative; references to the “Southern Colorado Economic Development District” in the titles, summary, and submission clause were not misleading; titles, summary, and submission clause were not invalid for failure to accurately reflect the true intent of the initiative; and the Board did not act in excess of its jurisdiction by deleting a paragraph from the initiative.
Case Name: Byrne v. Title Bd.
Citation: 907 P.2d 570 (Colo. 1995)
Case Summary: Section 1-40-106(1), 1B C.R.S. (1995 Supp.), states that "the last meeting [of the Title Board] shall be held no later than the third Wednesday in May in the year in which the measure is to be voted on." Section 1-40-107(1) states that "if the titles and summary protested were set at the last meeting in May, the motion shall be heard within forty-eight hours after the motion is filed." Id. Because the titles, submission clause, and summary for Amend Tabor No. 25 were set at its last meeting in May 1995, we hold that the Title Board erred by not hearing the petitioners' motion for rehearing within forty-eight hours after the motion was filed, as expressly provided by section 1-40-107(1), 1B C.R.S.(1995 Supp.).
Case Name: Am. Constitutional Law Found., Inc. v. Meyer
Citation: 120 F.3d 1092 (10th Cir. 1997)
Federal Circuit Court: 10th Circuit Court
Case Summary: Holding that state statute requiring petition circulators to be registered electors unconstitutionally impinged on free expression; statute's requirement that circulators wear personal identification badges unconstitutionally infringed their First Amendment rights; and provisions of statute requiring disclosure of information regarding paid circulators violated First Amendment.
Case Name: Am. Constitutional Law Found., Inc. v. Meyer
Citation: 870 F. Supp. 995 (D. Colo. 1994)
Federal District Court: District of Colorado
Case Summary: Holding that requirement that petitions be circulated within a six-month period was not an undue restriction and was therefore legitimate.
Case Name: Buckley v. Am. Constitutional Law Found.
Citation: 525 U.S. 182
Federal District Court:
Case Summary: Holding that Colorado statute requiring that initiative-petition circulators be registered voters violated First Amendment right to free speech; statute requiring that initiative-petition circulators wear identification badge bearing the circulator's name violated the same right; and statute requiring that initiative proponents report names and addresses of all paid circulators and amount paid to each circulator violated the same.