1-40-126. Explanation of effect of “yes/for” or “no/against” vote included in notices provided by mailing or publicat
Overview of Statute
Requirements for any notice to electors provided by the director of research of the legislative council.
Statute
In any notice to electors provided by the director of research of the legislative council, whether by mailing pursuant to section 1-40-124.5 or publication pursuant to section 1-40-124, there shall be included the following explanation preceding any information about individual ballot issues: “A ‘yes/for’ vote on any ballot issue is a vote in favor of changing current law or existing circumstances, and a ‘no/against’ vote on any ballot issue is a vote against changing current law or existing circumstances.”
Source: L. 93: Entire article amended with relocations, p. 692, § 1, effective May 4.L. 2000: Entire section amended, p. 299, § 6, effective August 2.L. 2012: Entire section amended, (HB 12-1089), ch. 70, p. 243, § 4, effective January 1, 2013.
Cross references: For the legislative declaration in the 2012 act amending this section, see section 1 of chapter 70, Session Laws of Colorado 2012.
ANNOTATION
Annotator’s note. The following annotations include cases decided under former provisions similar to this section.
Holding that the facts upon which depend the question whether an amendment proposed to the constitution has received the approval of the people will be judicially noticed and the court will resort to all sources of information which may afford satisfactory evidence upon the question. Harrison v. People ex rel. Whatley, 57 Colo. 137, 140 P. 203 (1914).
- Cross-References:
- Administrative Oversight
- Ballot Form & Content Requirements
- Ballot Initiatives & Recall Elections
- Election Day
1. 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.
2. 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.
3. 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.
Cases
Colorado Cases
Case Name: Harrison v. People ex rel. Whatley
Citation: 57 Colo. 137, 140 P. 203 (1914)
Year: 1914
Case Summary: Upholding the appointment of a judge to a county court based on an interpretation of a voter-approved amendment to the state constitution. Accordingly, a county need not hold an election to fill a vacancy created when an elected judge is declared unqualified to serve after an election.