1-40-110. Warning – ballot title
Overview of Statute
Ballot title requirements.
Statute
(1) At the top of each page of every initiative or referendum petition section shall be printed, in a form as prescribed by the secretary of state, the following:
WARNING: IT IS AGAINST THE LAW:
For anyone to sign any initiative or referendum petition with any name other than his or her own or to knowingly sign his or her name more than once for the same measure or to knowingly sign a petition when not a registered elector who is eligible to vote on the measure.
DO NOT SIGN THIS PETITION UNLESS YOU ARE A REGISTERED ELECTOR AND ELIGIBLE TO VOTE ON THIS MEASURE. TO BE A REGISTERED ELECTOR, YOU MUST BE A CITIZEN OF COLORADO AND REGISTERED TO VOTE.
Before signing this petition, you are encouraged to read the text or the title of the proposed initiative or referred measure.
By signing this petition, you are indicating that you want this measure to be included on the ballot as a proposed change to the (Colorado constitution/Colorado Revised Statutes). If a sufficient number of registered electors sign this petition, this measure will appear on the ballot at the November (year) election.
Editor’s note: This version of subsection (1) is effective until March 26, 2016.
(1) At the top of each page of every initiative or referendum petition section shall be printed, in a form as prescribed by the secretary of state, the following:
WARNING: IT IS AGAINST THE LAW:
For anyone to sign any initiative or referendum petition with any name other than his or her own or to knowingly sign his or her name more than once for the same measure or to knowingly sign a petition when not a registered elector who is eligible to vote on the measure.
DO NOT SIGN THIS PETITION UNLESS YOU ARE A REGISTERED ELECTOR AND ELIGIBLE TO VOTE ON THIS MEASURE. TO BE A REGISTERED ELECTOR, YOU MUST BE A CITIZEN OF COLORADO AND REGISTERED TO VOTE.
Before signing this petition, you are encouraged to read the text or the title of the proposed initiative or referred measure. YOU ARE ALSO ENCOURAGED TO READ THE ABSTRACT OF THE INITIAL FISCAL IMPACT STATEMENT THAT IS INCLUDED AT THE BEGINNING OF THIS PETITION.
By signing this petition, you are indicating that you want this measure to be included on the ballot as a proposed change to the (Colorado constitution/Colorado Revised Statutes). If a sufficient number of registered electors sign this petition, this measure will appear on the ballot at the November (year) election.
Editor’s note: This version of subsection (1) is effective March 26, 2016.
(2) The ballot title for the measure shall then be printed on each page following the warning.
(3) For a petition section for a measure to be valid, the abstract prepared in accordance with section 1-40-105.5 (3) must be printed on the first page of an initiative petition section.
Editor’s note: Subsection (3) is effective March 26, 2016.
Source: L. 93: Entire article amended with relocations, p. 682, § 1, effective May 4.L. 95: IP(1) amended, p. 433, § 8, effective May 8.L. 2000: (1) amended, p. 1622, § 7, effective August 2.L. 2009: (1) amended, (HB 09-1326), ch. 258, p. 1172, § 8, effective May 15.L. 2015: (1) amended and (3) added,(HB 15-1057), ch. 198, p. 678, § 5, effective March 26, 2016.
Editor’s note: (1) This section is similar to former § 1-40-106 as it existed prior to 1993, and the former § 1-40-110 was relocated to § 1-40-121 (1).
(2) Section 9 of chapter 198 (HB 15-1057), Session Laws of Colorado 2015, provides that changes to this section by the act apply to initiatives that are submitted for review and comment on or after March 26, 2016.
ANNOTATIONS
Jay M. Zitter, Annotation, Validity, Construction, and Application of State Statutes Regulating or Proscribing Payment in Connection With Gathering Signatures on Nominating Petitions for Public Office or Initiative Petitions, 40 A.L.R.6th 317 (2008).
I. General Consideration.
II. Constitutional Construction.
I. GENERAL CONSIDERATION.
Annotator’s note. The following annotations include cases decided under former provisions similar to this section.
Subsection (2) (now § 1-40-111) prohibited the court from validating the signatures collected for an initiative when its title and submission clause were found to be misleading. Matter of the Proposed Initiated Constitutional Amendment Concerning Limited Gaming in the City of Antonito, 873 P.2d 733 (Colo. 1994).
II.CONSTITUTIONAL CONSTRUCTION.
Holding that section 1-40-106 must be construed so as to allow qualified electors of the ages of eighteen through twenty to participate in the initiative process. Colo. Project-Common Cause v. Anderson, 178 Colo. 1, 495 P.2d 220 (1972).
Holding that a liberal construction must be given to statutes implementing initiative provisions of constitution. Billings v. Buchanan, 192 Colo. 32, 555 P.2d 176 (1976).
40 ALR 6th 317, Validity, Construction, and Application of State Statutes Regulating or Proscribing Payment in Connection With Gathering Signatures on Nominating Petitions for Public Office or Initiative Petitions.
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 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.
7. 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.
8. Definition for Secretary
The Colorado secretary of state. C.R.S. § 1-1.5-102.
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: Colo. Project-Common Cause v. Anderson
Citation: 495 P.2d 220 (Colo. 1972)
Year: 1972
Case URL: https://www.ravellaw.com/opinions/a0035530cba6cbcc3ec6d30b1195abcf
Case Summary: Holding that statute specifying qualifications for persons signing initiative petition and prohibiting qualified electors of ages 18 through 20 from the initiative process must be construed to allow participation in the initiative process by qualified electors of the ages 18 through 20, who are qualified to vote under the 26th Amendment.
Case Name: Billings v. Buchanan
Citation: 555 P.2d 176 (Colo. 1976)
Year: 1976
Case URL: https://www.ravellaw.com/opinions/72e09f8c466596cf27bb2ba94dce8687
Case Summary: Holding that statutory procedures for protesting an initiative petition were sufficient to protect the public from fraud and abuse of the election process and that statutory provisions implementing the initiative and referendum right of the people were to be liberally construed to allow issues on the ballot.