1-40-122. Certification of ballot titles
Overview of Statute
The Secretary of State shall certify to the county clerk and recorder of each county the ballot titles and number of each measure filed in the office to be voted upon at the election.
(1) The secretary of state, at the time the secretary of state certifies to the county clerk and recorder of each county the names of the candidates for state and district offices for general election, shall also certify to them the ballot titles and numbers of each initiated and referred measure filed in the office of the secretary of state to be voted upon at such election.
Source: L. 93: Entire article amended with relocations, p. 690, § 1, effective May 4.L. 95: (2) repealed, p. 436, § 16, effective May 8.
Editor’s note: Subsection (1) is similar to former § 1-40-112 as it existed prior to 1993.
George L. Blum, Annotation, Constitutionality, Construction, and Application of Statute or Regulatory Action Respecting Political Advertising–Print Media Cases, 51 A.L.R.6th 359 (2010).
Annotator’s note. The following annotations include cases decided under former provisions similar to this section.
Holding that the secretary of state properly certified initiated measure for general election ballot, even though a challenge to the measure had been filed with the secretary pursuant to former § 1-40-109 (2). Montero v. Meyer, 795 P.2d 242 (Colo. 1990).
Holding that the secretary of state has sole authority to set election dates or place initiated measures on ballot, and title setting board has no such authority. Matter of Title, Ballot Title, Etc., 850 P.2d 144 (Colo. 1993).
Holding that the sole power to place initiative on statewide ballot is vested with Secretary of State alone, and Title Board’s authority is limited to setting titles, summaries and fiscal statements for proposed initiatives. Matter of Title, Ballot Title, Submission Clause, Summary for No. 26 Concerning School Impact Fees, 954 P.2d 586 (Colo. 1998).
Holding that the sole authority to set election date or place initiative on statewide ballot is vested in Secretary of State alone, and Secretary does not exercise this authority while participating in process of setting titles and summaries for initiative as member of Title Board. Matter of Title, Ballot Title, Submission Clause, Summary for No. 26 Concerning School Impact Fees, 954 P.2d 586 (Colo. 1998).
Holding that the Secretary of State could certify ballot title and number of initiative to county clerks without simultaneously certifying validity of petitions supporting initiative, and in fact acted within her authority in certifying initiative on same date that she issued determination that signatures on petitions were insufficient in form to qualify measure for ballot. Montero v. Meyer, 795 P.2d 242 (Colo. 1990).
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.
9. Definition for Candidate
Any person who seeks nomination or election to any state or local public office that is to be voted on in this state at any primary election, general election, school district election, special district election, or municipal election. “Candidate” also includes a judge or justice of any court of record who seeks to be retained in office pursuant to the provisions of section 25 of article VI. A person is a candidate for election if the person has publicly announced an intention to seek election to public office or retention of a judicial office and thereafter has received a contribution or made an expenditure in support of the candidacy. A person remains a candidate for purposes of this article so long as the candidate maintains a registered candidate committee. A person who maintains a candidate committee after an election cycle, but who has not publicly announced an intention to seek election to public office in the next or any subsequent election cycle, is a candidate for purposes of this article. Section 2(2) of article XXVIII of the state constitution.
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: Montero v. Meyer
Citation: 861 F.2d 603 (10th Cir. 1988)
Federal Circuit Court: 10th Circuit Court
Case Summary: Holding that “electoral process” to which Act's minority language provisions applied did not commence under state law until measure was certified for placement on ballot, and signing of petitions was not “voting”; district court erred in giving deference to federal regulation implementing Voting Rights Act's minority language provisions; and petitions were not provided by state to make minority language provisions operative.