Colorado > Colorado Electoral Code > Odd-year Elections

1-41-102. State ballot issue elections in odd-numbered years

Statute

(1) At the statewide election to be held on the first Tuesday of November in 1993, and in each odd-numbered year thereafter, the following issues shall appear on the ballot if they concern state matters arising under section 20 of article X of the state constitution and if they are submitted in accordance with applicable law:

(a) Amendments to the state constitution submitted by the general assembly in accordance with article XIX of the state constitution;

(b) State legislation and amendments to the state constitution initiated in accordance with section 1 of article V of the state constitution and article 40 of this title;

(c) Measures referred to the people by the general assembly in accordance with section 1 of article V of the state constitution;

(d) Measures referred to the people pursuant to petitions filed against an act or item, section, or part of an act of the general assembly in accordance with section 1 of article V of the state constitution;

(e) Questions which are referred to the people by the general assembly in accordance with the law prescribing procedures therefor;

(f) Questions which are initiated by the people in accordance with the law prescribing procedures therefor.

(2) If no questions concerning state matters arising under section 20 of article X of the state constitution are referred or initiated as provided in subsection (1) of this section, no statewide election shall be held on the first Tuesday of November in 1993, or on the first Tuesday in November of any subsequent odd-numbered year.

(3) As used in this section, a “question” means a proposition which is in the form of a question meeting the requirements of section 20 (3) (c) of article X of the state constitution and which is submitted in accordance with the law prescribing procedures therefor without reference to specific state legislation or a specific amendment to the state constitution.

(4) As used in this section, “state matters arising under section 20 of article X of the state constitution” includes:

(a) Approval of a new tax, tax rate increase, valuation for assessment ratio increase for a property class, or extension of an expiring tax, or a tax policy change directly causing a net tax revenue gain pursuant to section 20 (4) (a) of article X of the state constitution;

(b) Approval of the creation of any multiple-fiscal year direct or indirect state debt or other financial obligation without adequate present cash reserves pledged irrevocably and held for payments in all future fiscal years pursuant to section 20 (4) (b) of article X of the state constitution;

(c) Approval of emergency taxes pursuant to section 20 (6) of article X of the state constitution;

(d) Approval of revenue changes pursuant to section 20 (7) of article X of the state constitution;

(e) Approval of a delay in voting on ballot issues pursuant to section 20 (3) (a) of article X of the state constitution;

(f) Approval of the weakening of a state limit on revenue, spending, and debt pursuant to section 20 (1) of article X of the state constitution; and

(g) Approval for the state to retain and spend state revenues that otherwise would be refunded for exceeding an estimate included in the ballot information booklet in accordance with section 20 (3) (c) of article X of the state constitution.

Source: L. 93: Entire article added, p. 1994, § 1, effective June 8.L. 2015: (4)(f) amended and (4)(g) added, (HB 15-1367), ch. 271, p. 1073, § 9, effective June 4.

Cross references: For the legislative declaration in HB 15-1367, see section 1 of chapter 271, Session Laws of Colorado 2015.

ANNOTATION

Holding that the board had the authority to set a title, ballot title and submission clause, and summary for the proposed constitutional amendment at issue, but the question of the board’s jurisdiction to set titles for a ballot issue in an odd-numbered year was premature, as the secretary of state, not the board, has the authority to place measures on the ballot. Matter of Election Reform Amendment, 852 P.2d 28 (Colo. 1993).

1. Definition for Ballot issue

Definition [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 title

Definition [Ballot title]

The language which is printed on the ballot which is comprised of the submission clause and the title.

3. Definition for Submission clause

Definition [Submission clause]

The language which is attached to the title to form a question which can be answered by “yes” or “no”.

4. Definition for State

Definition [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.

5. Definition for Title

Definition [Title]

A brief statement that fairly and accurately represents the true intent and meaning of the proposed text of the initiative.

6. Definition for Ballot

Definition [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

(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.

7. Definition for Section

Definition [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.

8. Definition for Election

Definition [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.

9. Definition for Spending

Definition [Spending]

Funds expended influencing or attempting to influence the selection, nomination, election, or appointment of any individual to any state or local public office in the state and includes, without limitation, any purchase, payment, distribution, loan, advance, deposit, or gift of money or anything of value by any political organization, a contract, promise, or agreement to expend funds made or entered into by any political organization, or any electioneering communication by any political organization. C.R.S. § 1-45-103.

10. Definition for Secretary

Definition [Secretary]

The Colorado secretary of state. C.R.S. § 1-1.5-102.

Cases

Colorado Cases

Case Name: Matter of Election Reform Amendment

Citation: 852 P.2d 28 (Colo. 1993)

Year: 1993

Case URL: https://www.ravellaw.com/opinions/f3b723f82e82df2a9f164c2d1be57f69

Case Summary: Holding that initiative title setting board had authority to set title, ballot title, and submission clause in summary of proposed constitutional amendment; question of whether proposed initiative would appear on either of two election ballots was premature; titles set by board were insufficient in that they were not specific enough; and summary was insufficient in that statement of fiscal impact was not sufficiently detailed but was otherwise sufficient.

Case Name: Byrne v. Title Bd.

Citation: 907 P.2d 570 (Colo. 1995)

Year: 1995

Case URL: https://www.ravellaw.com/opinions/10a9b23b4a34f9379df26904afb0d312

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.).